BOARD DATE:	  27 February 2014

		DOCKET NUMBER:  AR20130019670 


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 retroactive payment for a 3-year specialty Registered Nurse Incentive Special Pay (RNISP) contract for the period 28 June 2010 through 27 June 2013.

2.  The applicant states she was unaware of the incentive program or her eligibility.

3.  The applicant provides:

* two professional registered nurse licensing and credentialing documents
* Orders R-06-086100 issued by the U.S. Army Human Resources Command (HRC), St. Louis, MO, dated 3 June 2010
* Orders R-06-086100A01 issued by HRC, Fort Knox, KY, dated 29 August 2012
* Chronological Statement of Retirement Points, dated 25 October 2013

CONSIDERATION OF EVIDENCE:

1.  Following prior periods of honorable enlisted service in the Regular Army and U.S. Army Reserve (USAR), the applicant was appointed as a Reserve commissioned officer in the rank of first lieutenant on 2 July 2008.  She is presently serving as an Army nurse in the USAR Active Guard Reserve (AGR) Program in the rank of captain.

2.  Orders R-06-086100, dated 3 June 2010, show she was ordered to active duty in the USAR AGR Program for a period of 3 years effective 28 June 2010.

3.  An advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Department of the Army Office of the Surgeon General, dated 27 December 2013, in the processing of this application.  The advisory official states:

	a.  A review of special pay and finance records indicates the applicant received no Health Professions Officer Special Pay during her AGR tour; this would include the requested 3-year RNISP contract payable at $15,000.00 per year effective 28 June 2010 through 27 June 2013.

	b.  Officers must bear responsibility on their part of the contract preparation, to include inquiring as to eligibility, requesting contract initiation, and executing the contract by signature up to 90 days in advance or 30 days after the effective date.  Otherwise, the effective date must be reestablished as the date of signature.  All contracts executed outside of the policy for signature date or received outside the funded fiscal year are returned without action.

	c.  Based on the applicant's specialty as a perioperative nurse (area of concentration 66E) and CNOR certification, she was eligible for the 3-year RNISP contract payable at $15,000.00 per year effective 28 June 2010 through 27 June 2013.  (Note:  CNOR is not an acronym.  CNOR certification is defined as "the documented validation of the professional achievement of identified standards of practice by an individual registered nurse providing care for patients before, during and after surgery.")

4.  On 30 December 2013, a copy of the advisory opinion was provided to the applicant for an opportunity to respond; however, a response was not received by the suspense date.

5.  The Department of Defense Financial Management Regulation (DODFMR), volume 7A, chapter 21, states that in order to be eligible for the RNISP for nurses, a person must:

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

	c.  be a 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 Secretary concerned.

6.  The DODFMR 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 per year for a 1-year contract
* $10,000.00 per year for a 2-year contract
* $15,000.00 per year for a 3-year contract
* $20,000.00 per year for a 4-year contract

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion notes that there is no record of an RNISP agreement submission for the period 28 June 2010 to 27 June 2013 in the applicant's master military pay file.

2.  The evidence of record shows the applicant was eligible to execute a 3-year RNISP agreement for $15,000.00 per year effective 28 June 2010.  However, for unknown reasons, she was never informed or knew of her eligibility.  
3.  It does not seem reasonable that an eligible person would intentionally fail to submit an application for RNISP knowing she would forfeit $15,000.00 per year in income.  She was clearly authorized to enter into an agreement for RNISP for the period 28 June 2010 through 27 June 2013.  Therefore, her records should be corrected to show she did so in a timely manner.

BOARD VOTE:

_X___  __X______  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 an RNISP contract in the amount of $15,000.00 per year for the period 28 June 2010 to 27 June 2013 and it was approved with an effective date of 28 June 2010
* paying her retroactive RNISP in accordance with her RNISP contract at the rate specified in the DODFMR and her contract



      ___________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)                                         AR20130019670



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ABCMR Record of Proceedings (cont)                                         AR20130019670



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