IN THE CASE OF:	   

		BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20130001708 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of the effective date of his entitlement to Certified Registered Nurse Anesthetist (CRNA) Incentive Special Pay (ISP) from November 2012 to February 2012.

2.  He states he has been a CRNA at William Beaumont Army Medical Center (WBAMC) since February 2012.  However, he did not sign the CRNA ISP bonus agreement until November 2012. 

3.  He provides:

* a memorandum, subject:  Request for CRNA ISP, dated 1 October 2012
* a Texas Board of Nursing Certificate
* a Council on Certification of Nurse Anesthetists (CCNA) Certification Verification

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows his specialty as 66H (Medical Surgical Nurse), but as of the date of his application to this Board, he was serving on active duty as a Staff Nurse Anesthetist at WBAMC.  He is serving at WBAMC in the rank of captain and performing duties in specialty 62F (Nurse Anesthetist).

2.  His certification verification shows his initial certification date as 16 February 2012.

3.  In the applicant's request for CRNA ISP, dated 1 October 2012, he stated he understood that "The 1 year of continuous active duty that I agree to serve will be effective on 20121001."

4.  His record is void of any prior CRNA ISP contracts or agreements.

5.  In connection with the processing of this case, on 5 March 2013, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD), Special Pay Branch, Office of The Surgeon General (OTSG) who recommended denial of the applicant's request.  The advisory official stated:

	a.  Current policy requires contracts to be prepared via the Medical Operational Data Systems (MODS) special pay module, and executed by signature up to 90 days in advance or within 30 days after the effective date; otherwise, the effective date must be reestablished as date of signature.  The applicant supplied a 1-year CRNA ISP contract effective 1 October 2012 and the signature date was 1 October 2012.  All contracts executed outside of the policy signature date or received outside the funded year are returned without action.

	b.  A review of the officer's available ISP and finance data indicates he had executed and was paid a 1-year CRNA ISP contract at $15,000.00/year effective 1 October 2012 through 30 September 2013.  There was no other CRNA ISP contract provided or indicated in MODS.  The official further stated that although eligible, the applicant acknowledged he only executed the current CRNA ISP contract and there are no extenuating circumstances to support a different effective or contract date.

6.  A copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 18 March 2013, the applicant responded.  He stated that during the initial credentialing process the ISP contract was not signed.  He stated he did not realize there was an error and he was waiting to receive payment.  It was not until November 2012 after speaking with several colleagues who received payments months ago that he contacted the company command and discovered the mistake.

7.  The Department of Defense Financial Management Regulation (DoDFMR), Volume 7A, chapter 21, states in order to be eligible for the ISP for nurses a person must be:

	a.  An officer of the Nurse Corps of the Army or Navy, or an officer of the Air Force designated as a nurse; and

	b.  Be on active duty under a call or order to active duty for a period of not less than 1 year;

	c.  Fully qualified registered nurse with an active, full unrestricted license in a designated specialty of:

* Preoperative nursing
* Critical-care nursing
* Emergency nursing
* Obstetrics/gynecological nursing
* Medical-Surgical nursing
* Psychiatric/Mental Health nursing
* Community/Public Health nursing 
* Pediatric nursing
* Neonatal Intensive Care nursing
* Nurse Midwife
* Any Nurse Practitioner

	d.  Hold a nationally recognized certification in one of the clinical nursing specialties listed above;

	e.  Have completed a specialty nursing course approved by the service Surgeon General or graduate program in one of the clinical specialties listed above; and

	f.  Execute a written agreement to remain on active duty for a period of not less than 1 year which is accepted by the Secretaries concerned.

8.  The DoDFMR further states the Secretaries concerned may, upon acceptance of the written agreement, pay an eligible individual incentive pay in an annual amount not to exceed:

* $5,000.00 a year for a 1-year contract
* $10,000.00 a year for a 2-year contract
* $15,000.00 a year for a 3-year contract
* $20,000.00 a year for a 4-year contract

9.  All Army Activities (ALARACT) Message 365/2010, subject:  Army Nurse Corps ISP Policy, Plan, and Rates, states the effective date for the 1-year CRNA ISP agreement is the date the officer is fully qualified in the specialty or any date thereafter that the officer desires to establish as their effective date.  The officer may sign the agreement 90 days in advance, but not later than 30 days from the effective date.  Agreements signed greater than 30 days from the effective date will be effective upon the date of signature.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, correction of the effective date of his CRNA ISP agreement from November 2012 to February 2012.

2.  The available evidence indicates he executed a 1-year CRNA ISP contract in which he signed the agreement indicating he understood the effective date he agreed to serve was 1 October 2012.  He received a $15,000.00/year bonus effective 1 October 2012 (the date of signature) through 30 September 2013.

3.  The message stated the officer may sign the agreement 90 days in advance, but not later than 30 days from the effective date.  Agreements signed greater than 30 days from the effective date will be effective upon the date of signature. The applicant maintains that during the initial credentialing process, the ISP contract was not signed and he did not realize there was an error.  It was his responsibility to timely prepare and execute the ISP agreement.  Therefore, his argument indicating he was unaware of the error is not sufficiently compelling to justify changing the effective date of his CRNA ISP agreement.

4.  In view of the foregoing, there is an insufficient evidentiary basis or extenuating circumstances for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION
 
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130001708



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ABCMR Record of Proceedings (cont)                                         AR20130001708



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