IN THE CASE OF: 

		BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20140004267 


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 reinstatement of her Registered Nurse – Incentive Special Pay (RN-ISP) contract.

2.  The applicant states that her 4-Year RN-ISP contract was voided 27 days after the effective date of 3 October 2013 by the Army Medical Department (AMEDD) Special Pay Branch stating changes to the program effective 
1 October 2013 made her ineligible; however, there were no All Army Activities (ALARACT) messages stating such.  

3.  The applicant provides copies of sworn statements, ALARACT Message 365/2010, her RN-ISP contract, email traffic related to her contract, and her debt remission packet.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Regular Army second lieutenant in the Army Nurse Corps on 29 September 2009.  She completed her officer basic course and she was assigned to Fort Bliss, TX.  She was promoted to the rank of first lieutenant on 2 April 2011.

2.  She deployed to Afghanistan for 1 year from (2011 – 20012) and she was transferred to Fort Riley, KS in January 2013.

3.  On 10 July 2013, the applicant submitted a request for specialty RN-ISP for a period of 4 years at a rate of $20,000 per year.  In paragraph 3d of her agreement she acknowledged she understood the agreement may be terminated by The Surgeon General or designee for failure to meet eligibility requirements or when clear evidence exists that she should be denied further practice as a specialty Registered Nurse (RN) or further active duty.  It may also be terminated when in the best interest of the Army.  Her request was approved on 9 August 2013 to be effective 3 October 2013.

4.  On 30 October 2013, the applicant was notified by officials at the AMEDD Special Pay Branch that her RN-ISP bonus was approved in error because effective 1 October 2013, her specialty no longer qualified for an RN-ISP bonus and recoupment of her bonus would be initiated.

5.  The applicant was notified on 9 January 2014 of the debt collection by the Defense Finance and Accounting Service (DFAS).

6.  The applicant submitted a request for remission/cancellation of her indebtedness to the U.S. Army Human Resources Command due to financial hardship in February 2014 and her request was approved.

7.  In the processing of this case a staff advisory opinion was obtained from the Office of the Surgeon General, AMEDD Special Pay Branch.  The advisory official stated in effect that Fiscal Year 2014 policy changes eliminated the applicant’s specialty from the specialties eligible for RN-ISP effective 1 October 2013.  Additionally, the applicant was not eligible to initiate a multi-year RN-ISP contract until 3 October 2013, 3 days after her specialty was no longer eligible for RN-ISP benefits.  Officials at the AMEDD Special Pay Branch opine that a systems error at HRC allowed her contract to be processed; however, the contract must meet eligibility criteria on the effective date of the contract, in this case 3 October 2013.  Officials also noted that other contracts with the same specialty were returned without action to the officers in question.

8.  The advisory opinion was provided to the applicant for comment and she responded with a five-page memorandum with attachments and contended, in effect, that she initiated her contract based on published guidance at the time which included her specialty and contends that there has been no official notification to the field that her specialty was eliminated from the RN-ISP.  At the time she submitted her contract and it was approved she was eligible and it was a properly-executed contract that should be enforced and that the Army cannot simply rely on purported changes in policy to nullify a contract when that change in policy was neither timely or properly established nor promulgated.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and supporting documents have been carefully considered; however, they appear to lack merit.

2.  The applicant was not eligible to enter into a multi-year RN-ISP contract until 3 October 2013.  Unfortunately, effective 1 October 2013 her specialty was removed from eligibility for the RN-ISP.  Accordingly, she was not eligible for 
RN-ISP benefits on the date her contract became effective on 3 October 2013.

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 was not eligible to enter into a multi-year RN-ISP until 3 October 2013 and her specialty was no longer eligible effective 1 October 2013.  There does not appear to be any reason to believe that the office is inconsistent in its recommendations to the Board.

4.  Additionally, it is also noted that the applicant’s contract specified that she understood that the agreement may be terminated by The Surgeon General or designee for failure to meet eligibility requirements or when in the best interest of the Army.

5.  Therefore, in the absence of evidence to show that she was eligible to enter into an RN-ISP multi-year contract on the effective date of the contract, there appears to be no basis to grant her request.

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)                                         AR20140004267





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ABCMR Record of Proceedings (cont)                                         AR20140004267



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