IN THE CASE OF:	  

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20140002784 


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, that his Registered Nurse Incentive Special Pay (RNISP) contract, dated 12 July 2013, be removed from his records.

2.  The applicant states:

* his RNISP contract was not valid due to a recent change in RNISP policy
* his contract would only be valid if the effective date was before 1 October 2013 and his effective date was 4 October 2013
* his RNISP contract should have never been processed; however, it is in his personnel records
* he has been trying to remove the document through Headquarters, Army Human Resources Command (HRC) and the local S-1 but they are unable to resolve this issue
* HRC referred him to the Army Board for Correction of Military records (ABCMR)
* the new RNISP policy applied without any prior notification; therefore, it created some miscommunication between the local S1 and HRC

3.  The applicant provides:

* RNISP contract, dated 12 July 2013
* portal notification, subject:  RNISP Changes, dated 16 September 2013


CONSIDERATION OF EVIDENCE:

1.  On 6 October 2010, the applicant executed an oath of office in the Regular Army in the rank of second lieutenant.

2.  His DA Form 1059 (Service School Academic Evaluation Report), dated 2 December 2010, shows he completed the Army Medical Department (AMEDD) Basic Officer Leader Course on 17 December 2010 and his area of concentration (AOC) as 66H (Medical Surgical Nursing).

3.  Records show the applicant was awarded board certification in Medical-Surgical Nursing for the period 30 March 2012 to 29 March 2017.

4.  On 12 July 2013, the applicant executed an RNISP contract which shows he:

* agreed to serve 4 years of continuous active duty effective 12 October 2013
* acknowledged that RNISP constituted a voluntary retention program, and that unless a waiver was obtained, he would be released from active duty before fulfilling the agreed upon term, even if that obligation extended beyond 20 years of total active military service
* acknowledged he would receive $20,000

5.  On 5 September 2013, the applicant's RNISP contract was filed in his Army Military Human Resource Record (AMHRR).

6.  On 16 September 2013, an automatic portal notification was pushed by Headquarters, Department of the Army to affected medical corps personnel.  This notification announced anticipated changes to the AMEDD Special Pays and stated, in pertinent part, the following:

* official notification announcing any program changes would be released via an All Army Activities (ALARACT) message once all the details were finalized
* effective 1 October 2013, RNISP would no longer be authorized for AOC 66H
* nurses in AOC 66H would remain in their current RNISP contracts until they expired; however, no new RNISP contracts would be offered after 1 October 2013
* there would be no exceptions to the program change
* any affected AOC 66H personnel wanting an RNISP contract must have met all eligibility criteria (certification, degree, and training) by 30 September 2013 or earlier and the RNISP contract effective date must be 30 September 2013 or earlier
* any RNISP contract effective 1 October 2013 or later for the affected AOC would be returned without action
* an RNISP contract may be prepared and executed by signature through 30 November 2013 as long as all eligibility criteria was met and the contract effective date was 30 September 2013 or earlier

7.  A review of the AMEDD Special Pays website shows fiscal year 2014 (FY 14) Program Eligibility Changes, in pertinent part, shows nurses in AOC 66H will remain in their current RNISP contracts until they expire; however, no new RNISP contracts will be offered once expired.  There are no exceptions to program change.

8.  The Department of Defense (DoD) Financial Management Regulation (FMR), Volume 7A, Chapter 21, states in order to be eligible for the ISP 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; 
   
   b.  Be 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 Secretaries concerned.

9.  The same DoD FMR 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 a year for a 1-year contract
* $10,000 a year for a 2-year contract
* $15,000 a year for a 3-year contract
* $20,000 a year for a 4-year contract

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests for removal of his RNISP contract, dated 12 July 2013, from his records was carefully considered.

2.  FY14 policy changes to AOC 66H directed that no new RNISP contracts would be authorized after 1 October 2013 and any contract with an effective date after 1 October 2013 would be returned without action.

3. In view of the above, the applicant is entitled to removal of his RNISP contract, dated 12 July 2013, from his records.

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 removing the RNISP contract, dated 12 July 2013, from his AMHRR.




      _______ _   _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)                                         AR20140002784



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ABCMR Record of Proceedings (cont)                                         AR20140002784



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