BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140010801
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 correction of her current 4-year Registered Nurse Incentive Special Pay (RNISP) contract at $20,000/year for the effective date 20130803-20170802 to read 20130609-20170608.
2. The applicant states the error was an incorrect effective date calculation made on the part of special pay military personnel at her facility.
3. The applicant provides her RNISP contract for the period 20130803 and email exchange.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 9 February 1996. She completed the Army Medical Department Officer Basic Course.
2. She served in a variety of assignments and she was promoted to lieutenant colonel (LTC) in the Army Nurse Corps (ANC). She is currently assigned to Fort Belvoir, VA.
3. On 9 June 2009, the applicant executed an RNISP contract wherein she agreed to serve a 4-year active duty commitment effective 9 June 2009. In consideration of entering into this agreement, the Army agreed to pay her an RNISP at the rate of $20,000 for each year of this agreement. Her commander approved the contract.
4. On 3 July 2013, she executed an RNISP contract wherein she agreed to serve a 4-year active duty commitment effective 3 August 2013 and in consideration of entering into this agreement, the Army agrees to pay her an RNISP at the rate of $20,000 for each year of this agreement. Her commander approved the contract.
5. An advisory opinion was received on 4 August 2014 from The Office of The Surgeon General (OTSG) in the processing of this case. An OTSG advisory official stated:
a. The applicant is requesting her current 4-year specialty RNISP contract at $20,000/year for the effective period of 20130803-20170802 be changed to 20130609-20170608. She executed the contract with an effective date which she indicates was incorrectly determined by the local special pay technician.
b. A review of special pay and finance records indicates she executed a
4-year RNISP contract at $20,000/year effective 20090609-20200608, and then the current 4-year RNISP contract at $20,000/year effective 20130803-20170802. There are no other RNISP contracts.
c. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting contract to be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after effective date; otherwise, effective date must be reestablished as 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. The applicant was eligible to initiate a new 4-year RNISP contract at $20,000 effective the day after her expiring RNISP contract (20130608) by executing the new contract by signature up to 90 days in advance (20130309) or 30 days after (20130709) the new contract effective date of 20130609. Her signature block date (20130703) is within 30 days of the requested corrected RNISP contract effective date of 20130609; therefore, officer would be eligible for the consecutive RNISP contracts.
e. A review of her RNISP contract would have identified the incorrect effective date of 20130803, which could have been locally corrected to the effective date of 20130609 and in turn, eliminating the need for this correction to her military records.
6. The applicant was provided with a copy of this advisory opinion but she did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant previously executed a 4-year RNISP contract at $20,000/year effective 20090609 -20200608. For unknown reasons, she did not execute the current 4-year RNISP contract at $20,000/year effective 20130803-20170802, until 3 August 2013. There are no other RNISP contracts in her records.
2. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting contract to be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after effective date; otherwise, effective date must be reestablished as date of signature. All contracts executed outside of the policy for signature date or received outside the funded fiscal year, are returned without action.
3. Nevertheless, she was eligible to initiate a new 4-year RNISP contract at $20,000 effective the day after her expiring RNISP contract (20130608), by executing the new contract by signature up to 90 days in advance (20130309) or 30 days after (20130709) the new contract effective date of 20130609. Her signature block date (20130703) is within 30 days of the requested corrected RNISP contract effective date of 20130609; therefore, she was eligible for the consecutive RNISP contracts. Her records should be corrected accordingly.
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:
* amending her current Registered Nurse Incentive Special Pay contract, dated (signed) 3 July 2013 from 20130803 to 20130609
* retroactively paying her the Incentive Special Pay effective 20130609 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) AR20140010801
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ABCMR Record of Proceedings (cont) AR20140010801
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