IN THE CASE OF:	  

		BOARD DATE:  2 January 2014

		DOCKET NUMBER:  AR20130013659 


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 that he be granted authority to receive a 4-year $50,000 Incentive Specialty Pay (ISP) contract for Army Nurse Anesthetists in Fiscal Year (FY) 2013 and that his records be corrected to show he was appointed in the rank of captain (CPT).

2.  The applicant states, in effect, that he joined the U.S. Army Reserve (USAR) in July 2009 just prior to beginning his graduate program in Nurse Anesthesia and he signed a contract to receive a monthly stipend Specialized Training Assistance Program (STRAP) during school and a $50,000 loan repayment upon completion of the program.  In March 2011 he decided he wanted to be active duty instead of Reserve and according to his recruiters was informed that it would be a simple transfer because of the Army’s shortage of Nurse Anesthetists.  He was also told that he would qualify for the $120,000 Loan Repayment Program (LRP).  It took many months trying to get released from the USAR and the STRAP, and in November 2011 he completed his graduate anesthesia program and was board certified in December 2011.  He had many conversations with his branch manager at the U.S. Army Human Resources Command (HRC) regarding his financial incentives and was told that he did not qualify for any accession incentives.  He almost refused to accept his commission because of the lack of financial feasibility but he decided to defer his loans and enter active duty.  Had he entered active duty as a Certified Registered Nurse Anesthetist (CRNA) without a previous USAR history he would have been commissioned as a CPT with a 3-year contract, receiving up to $120,000 in LRP benefits.  He concludes by stating that he has a 5-year active duty service obligation (ADSO) with no LRP assistance and high interest loans that he cannot afford to pay.  

3.  The applicant provides copies of his orders to active duty, his current CRNA ISP Agreement, USAR appointment and welcome letters, orders releasing him from the USAR, STRAP Service Agreement, and his USAR Health Professions Loan Repayment Program (HPLRP) Declaration Statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant accepted an appointment in the USAR as a 1LT in the Army Nurse Corps (ANC) on 30 July 2009 with STRAP and LRP incentives.  He was granted 1 year, 6 months, and 3 days of constructive service credit for date of rank (DOR) purposes.

2.  On 6 February 2012, he accepted a Regular Army commission in the ANC as a 1LT with a DOR of 30 July 2009.  He completed his basic officer leadership course at Fort Sam Houston, Texas and was transferred to Triple Army Medical Center in Hawaii for duty as a CRNA.

3.  On 20 February 2013, he signed a 1-year CRNA ISP contract effective 20 May 2013 for a $15,000 lump-sum payment.  He was promoted to the rank of CPT on 1 July 2013.

4.  In the processing of this case a staff advisory opinion was obtained from the Special Pay Branch of the Office of the Surgeon General (OTSG) which opines that the applicant’s request cannot be supported by the OTSG because the applicant’s circumstances do not fall within the guidelines established by All Army Activities (ALARACT) Message 365/2010 Army Nurse Corps Incentive Special Pay Policy, Plan, and Rates date time group (DTG) 300132Z November 2010 and Department of Defense guidelines.  Officials at the OTSG opine that the applicant will be eligible for a multi-year contract on 14 November 2014 or upon expiration of his active 1-year CRNA ISP contract, whichever is later.  

5.  The advisory opinion was provided to the applicant for comment and he responded to the effect that while he understand the details of the advisory opinion, there is a fundamental flaw in applying the regulations to his situation because he is being categorized and treated as a new graduate CRNA who is obligated for 3 years post-graduation who received a $120,000 HPLRA incentive or having graduated from the U.S. Army Graduate Program of Anesthesia Nursing (USAGPAN) and he is neither of the two.  Additionally, in both of the categories, tuition is either repaid or free and the CRNA is obligated for 3 years with all loans paid for.  In his case he is only eligible for $15,000 per year (ISP) for his first 3 years despite receiving only $50,000 in incentives compared to $120,000 his colleagues received.  

6.  He goes on to state that he did not receive any HPLRP money and did not attend an Army Program.  He received a STRAP stipend totaling approximately $50,000 over seven semesters and graduated with $75,000 in student loan debt.  He also states that he was misguided by the Recruiting Command in that he was told that although he would not be guaranteed loan repayment in his accessions contract, he would be able to apply for a different Retention Loan Repayment Program concurrent with his active duty service obligation (ADSO) after coming on active duty.  He continues by stating that he entered active duty with hopes of receiving help with loan repayment but he soon learned that Retention HPLRP is consecutive, not concurrent, which obligates the individual and prevents them from signing a multi-year ISP contract even longer.  Regardless, due to budget cuts, the Retention HPLRP was not offered that fiscal year.  Accordingly, since his case is unique and without precedent and does not fit into the categories covered by ALARACT 365/2010.  He should be allowed to enter into a multi-year CRNA ISP contract upon expiration of his current 1-year ISP contract, which will be 6 months earlier than the date cited by OTSG.

7.  Department of Defense Instruction (DODI) Number 6000.13 (Medical Manpower and Personnel) dated 30 June 1997 provides in pertinent part, that a prospective health professions officer’s entry grade and rank shall be determined by the number of years of entry grade credit awarded on original appointment, designation, or assignment as a health professions officer.  

8.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) provides the criteria for award of constructive service credit for Army Medical Corps commissioned officers ordered to active duty.  Paragraph 3-2 provides that individuals with
7 or more years of service, but less than 14, will be commissioned in the rank of CPT.

DISCUSSION AND CONCLUSIONS:

1.  Each case considered by the Board is decided based on the individual merits of the case and the evidence submitted by the applicant as well as the evidence of record.

2.  While it is agreed that his circumstances are unusual when compared to the majority of CRNAs on active duty, by the applicant’s own admission he was aware when he made the decision to leave the USAR and go to the Regular Army that there would be no guarantee of any LRP associated with his integration into the Regular Army.  In any event, he had no written guarantees when he made his decision to integrate into the Regular Army; therefore, there was no error or injustice in his case.  

3.  It is also noted that in the past when similar cases have been presented to the Board , the subject matter expert at the OTSG has been very forthcoming in admitting when mistakes were made in cases such as the applicant’s and made favorable recommendations to grant the incentives where possible.  In the applicant’s case the OTSG opines that the applicant is not eligible to enter into a multi-year CRNA ISP until 14 November 2014 and there does not appear to be any reason to believe that the office is inconsistent in its recommendations to the Board.

4.  The applicant’s contention that he should have been appointed as a CPT instead of a 1LT has been noted and also appears to lack merit.  The applicant’s constructive service credit was properly awarded at the time he was originally commissioned as a 1LT in the USAR in accordance with the applicable laws and regulations in effect at the time.  As a result, he was promoted to the rank of CPT within 6 months of entering active duty.  Accordingly, he was properly commissioned as a 1LT and there appears to be no basis to grant his request for appointment in the rank of CPT.

5.  While it is unfortunate that the applicant does not qualify for any of the LRPs, that in itself does not warrant granting the applicant an exception to policy by granting him eligibility for a multi-year CRNA ISP prior to his attaining eligibility as it would afford him a benefit not afforded to others in similar circumstances.

6.  After reviewing all of the evidence and argument in this case, it does not appear on the surface that the applicant was misled into believing that he was entitled to an incentive that he has not received.  It appears that he made his decision based on his analysis of his personal situation at the time and as such there appears to be no evidence of error or injustice in his case. 

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)                                         AR20130013659





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ABCMR Record of Proceedings (cont)                                         AR20130013659



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