IN THE CASE OF:	  

		BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20140000846 


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 Registered Nurse Incentive Special Pay (RNISP) contract for the period 20 April 2012 through 19 April 2015 instead of a 1-year RNISP contract for the period 20 April 2013 through 19 April 2014.

2.  The applicant states:

* he intended to serve 3 years upon his entry into active duty
* he was offered a 1-year RNISP upon his entry during in-processing
* he did not discover he was eligible for a 3-year RNISP contract until December 2013
* he was not informed that he would need to reapply each year or of the benefit of the 3-year contract in lieu of concurrent 1-year contracts

3.  The applicant provides:

* professional registered nurse licensing and credentialing documents
* Orders A-02-202280, issued by U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 6 February 2012
* Orders A-02-202280A01, issued by HRC, dated 26 March 2012
* 2 RNISP contracts, dated 8 May 2012 and 9 December 2013
* emails



CONSIDERATION OF EVIDENCE:

1.  After having prior honorable enlisted service in the Alabama Army National Guard, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 27 September 2006.  He is presently serving as an Army nurse in the USAR Active Guard Reserve Program in the rank of captain.

2.  Orders A-02-202280, dated 6 February 2012, show he was ordered to active duty to fulfill an active duty requirement effective 8 June 2012.

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 24 February 2014, in the processing of this application.  The advisory official states:

   a.  Specialty registered nurses who meet the training, board certification, and retention criteria are authorized annual RNISP contracts while under an active duty service obligation (ADSO).  Officers within 1 year of the expiring ADSO can opt to execute a 2, 3, or 4-year RNISP in lieu of another annual RNISP contract.  The applicant has an ADSO through 19 April 2015; therefore, the earliest he could execute a multi-year RNISP contract would be 20 April 2014.

	b.  A review of special pay and finance records indicates the applicant executed a 1-year RNISP contract at $5,000 per year effective upon entry on active duty on 20 April 2012 and again on 20 April 2014.  There is no record of a 1-year RNISP contract effective 20 April 2013, or a 3-year RNISP contract effective 20 April 2012 through 19 April 2015.

	c.  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.

	d.  Based on the above, the applicant is not eligible for a 3-year RNISP contract at $15,000 per year effective 20 April 2012 through 19 April 2015.

   e.  The applicant was eligible to execute a second annual RNISP contract at $5,000 per year effective 20 April 2013 through 19 April 2014.  Based on potential miscommunication as to his eligibility and program requirements for annual contracts, the applicant can be afforded the opportunity for this retroactive contract and payment.
4.  On 5 March 2014, 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 20 April 2012 to 19 April 2015 in the applicant's master military pay file.

2.  Based on the applicant's ADSO, he was not eligible to sign a multi-year RNISP contract until 20 April 2014.  The evidence of record shows the applicant was eligible to execute a 1-year RNISP agreement for $5,000.00 per year effective 20 April 2013.  However, for unknown reasons, he was never informed or knew of his eligibility.

3.  It does not seem reasonable that an eligible person would intentionally fail to submit an application for RNISP knowing he would forfeit $5,000.00 per year in income.  He was clearly authorized to enter into an agreement for RNISP for the period 20 April 2013 through 19 April 2014.  Therefore, his records should be corrected to show he did so in a timely manner.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* showing he executed an RNISP contract in the amount of $5,000.00 per year for the period 20 April 2013 to 19 April 2014 and it was approved with an effective date of 20 April 2013
* paying him retroactive RNISP in accordance with his RNISP contract at the rate specified in the DODFMR and his contract

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to payment of a 3-year RNISP 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)                                         AR20140000846



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ABCMR Record of Proceedings (cont)                                         AR20140000846



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