IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130019522
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 her 4-year specialty Registered Nurse Incentive Special Pay (RNISP) contract at $20,000/year for the effective period of 20130928-20160927 be changed to 20120928-20150927.
2. The applicant states she was unaware of her eligibility to continue to execute the RNISP contract during her Active Guard Reserve (AGR) tour.
3. The applicant does not provide any evidence.
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army. Army Nurse Corps (ANC), and executed an oath of office on 9 December 2002. She completed the Army Medical Department (AMEDD) Officer Basic Course.
2. She served in a variety of assignments and/or periods of mobilization, completed the captain's career course, and she was promoted to captain on 4 October 2008.
3. On 1 September 2009, the U.S. Army Human Resources Command (HRC) published orders ordering her to active duty for a 3-year commitment effective 28 September 2009.
4. On 1 December 2009, she executed an RNISP indicating her understanding that she would serve for 3 continuous years of active duty beginning on 28 December 2009 and ending on 27 December 2012, and she would be entitled to the $15,000 RNISP incentive for each year of the agreement.
5. On 28 April 2011, HRC issued her a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).
6. On 18 May 2012, HRC amended her active duty orders from a 3-year commitment to an indefinite termination date.
7. There is no indication she executed an RNISP during 2012.
8. She was promoted to major on 28 August 2013.
9. On 24 September 2013, she executed an RNISP indicating her understanding that she would serve for 4 continuous years of active duty beginning on 28 December 2013 and ending on 27 December 2017, and she would be entitled to the $20,000 RNISP incentive for each year of the agreement.
10. An advisory opinion was received on 12 March 2014 (corrected on 9 April 2014) from the Chief, AMEDD Special Pay Branch, Office of the Surgeon General, in the processing of this case. The advisory official stated that a review of the applicant's finance records indicated she had executed a 3-year RNISP contracts at $15,000/year effective 20090928 through 20120927 and a 4-year RNISP contract at $20,000/year effective 20130928 through 20160927. There is no record of any RNISP contract in 2012.
a. The officer must bear responsibility for their part of the contract preparation, to include their inquiry into their eligibility, requesting the contract to be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after the effective date. Otherwise, the effective date must be reestablished effective the date of the signature. All contracts executed outside the policy for signature date or received outside the fiscal year would be returned without action.
b. She was eligible to execute a new 3-year RNISP contract at $15,000/year effective 20120928; however, by retroactively adjusting the current 4-year RNISP contract effective period from 20130928-20170927 to 20120928-20160927, the applicant is reducing her current active duty obligation to the Army by one-year.
c. If her requested change in effective period is authorized, the Defense Finance and Accounting Service - Indiana (DFAS-IN) required action is to change the current RNISP contract effective 20130928 to 20120928 (Finance FID25/RD). DFAS must then release $20,000 for 20120928, and adjust the last future payment to disburse on 20150928.
d. In accordance with Army Regulation 37-104-4, Military Pay and Allowances Policy, 8 June 2005, Chapter 20 - Settlement Actions Resulting from Correction of Records by the Army Board for Correction of Military Records (ABCMR); only the Director, DFAS-IN may make settlement actions affecting the military pay accounts of soldiers as a result of correction of records by the ABCMR per provisions of Army Regulation 15-185 (ABCMR). Therefore, any ABCMR relief granted should be addressed for action to the Corrections- Claims Section, DFAS-IN.
11. The applicant was provided with copies of both advisory opinions. She responded to the corrected advisory opinion and concurred with it.
DISCUSSION AND CONCLUSIONS:
1. The applicant was ordered to active duty for a 3-year commitment in September 2009. Immediately upon entry on active duty, she executed a 3-year RNISP contract at the rate of $15,000/year effective 20090928 through 20120927.
2. Her active duty orders were extended to an indefinite date in 2012. However, for unknown reasons she did not execute any contracts in 2012. The next contract she executed was for 4 years at the rate of $20,000/year effective 20130928 through 20170927.
3. In order to meet the applicant's desire for payment for the year between contracts and maintain current active duty obligation to the Army-- she should be considered for a retroactive 4-year RNISP at $20,000/year effective 20120928-20160927.
BOARD VOTE:
____x____ ___x_ __ ___x_ __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* showing she executed a 4-year RNISP at $20,000/year effective 20120928-20160927
* auditing her pay records and paying her back pay as a result of this correction
_______ _ 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) AR20130019522
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ABCMR Record of Proceedings (cont) AR20130019522
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