ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 July 2021 DOCKET NUMBER: AR20200000905 APPLICANT REQUESTS: * correction of her record to show she is entitled to a retention bonus * a below the zone review for major (MAJ) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * DA Form 1059 (Service School Academic Evaluation Report), 25 June 2011 * DA Form 71 (Oath of Office), 25 August 2017 * Army Medical Department (AMEDD) Officer Agreement * Four DA Forms 67-10-1 (Company Grade Plate (O1-O3, WO1-CW2) Officer Evaluation Report), 17 December 2014, 17 December 2015, 16 December 2016, and 31 January 2018 * Four E-mails, 5 December 2018, 17 December 2018, 12 March 2019, and 4 April 2019 * Memorandum, subject: Recommendation for Reserve of the Army Appointment, 8 September 2017 * DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), 12 September 2017 * Memorandum, subject: Award of Classification Identifiers for AMEDD Officers, 31 January 2019 FACTS: 1. The applicant states she commissioned as a 70B (Health Services Administration) in 2006 with the Medical Service Corps. On 25 August 2017, she recommissioned into the Army Nurse Corps as a 66S (Critical Care Nurse). In her contract, she was awarded the Special Pay Incentive of $25,000 for 3 years for a total of $75,000 for fulfilling a critical shortage. For reasons unbeknownst to her it was not immediately applied to her profile. In September 2018, after many inquiries to her recruitment office and U.S. Army Human Resources Command (HRC) to no avail, she filed an inspector general (IG) report. On 31 January 2019, she received a memorandum awarding her the 66S area of concentration with an effective date of 25 August 2017. a. On 5 December 2018, after completing the IG process for her reclassification, she was informed that he would be awarded the 66S but would not be eligible for the commissioning incentive that was awarded to her when she signed as a 66S on 25 August 2017. On 5 December 2018, she was sent a revised version of her commission contract that was altered to reflect “none” for the specialty pay for fulfilling a wartime critical shortage. She found this be both unfair and unjust because since signing her contract. She has adhered to her duties and responsibilities of an Army officer honoring her commitment to the Army. The Army through alteration of her original contract has failed to honor its signed commitment to her. b. As a result of her reclassification error that was not resolved, she was ineligible to submit her board packet to the fiscal year 2018 MAJ AMEDD non-active guard reserve board for a below the zone review. In addition to the 4 year, 11 months, and 25 days of constructive credit, her potential for promotion would have been further supported by her successful completion of the captain’s career course in June 2011 and her favorable officer evaluation reports. However, due to this error, her board packet went to the board with her previous area of concentration resulting in her being passed over. c. She is serving on deployment in Camp Arifjan, Kuwait fulfilling her role as a critical care nurse. 2. She was appointed as a commissioned officer on 30 December 2006. She completed the AMEDD captain’s career course on 25 June 2011. 3. She executed an Oath of Office on 25 August 2017. In connection with her oath, she executed an AMEDD agreement acknowledging that she was commissioning for the Army Nurse Corps and area of concentration 66S (Critical Care Nurse), with special incentive pay for critical shortage. 4. She was promoted to the rank of captain on 13 March 2013. 5. On 26 May 2016, HRC published a memorandum, subject: Notification of Eligibility for Retired Pay at Non-Regular Retirement (20-Year Letter), which shows the applicant was eligible for retired pay on application at age 60. 6. The applicant provides: a. Four officer evaluation reports, which show she received positive accolades as a health services officer. b. An e-mail, dated 5 December 2018, from the applicant to the recruiting command in reference to her contract resigning. She states in reviewing the new contract, she noted that there was a change from her original signed contract. In her original contract that she signed when she recommissioned on 25 August 2017, she signed that she applied for a special pay bonus and has been omitted from the current contract. It was her understanding that she just needed to resign her original contract. c. An e-mail, dated 17 December 2018, from the applicant to the IG. She states her concerns with the contract and requesting assistance. d. An e-mail, dated 12 March 2019, from HRC to the IG, which states they cannot accept backdated contracts without approval from the Army Board for Correction of Military Records (ABCMR). e. An e-mail, dated 4 April 2019, from the IG to the applicant, which states that after review, it was determined the ABCMR would be better suited to handle her concerns. f. Memorandum, subject: Recommendation for Reserve of the Army Appointment, dated 8 September 2017, which shows her constructive service credit. g. A record of award of entry grade credit for health services officers, which shows the applicant was awarded 1 year, 11 months, and 25 days of prior active commissioned service credit and 3 years of total constructive credit. h. Memorandum, subject: Award of Classification Identifiers for AMEDD Officers, dated 31 January 2019, which shows the applicant was qualified for and awarded the area of concentration 66S. 7. She served in Kuwait from 26 April 2019 to 22 January 2020. 8. On 22 June 2021, the U.S. Army Recruiting Command reviewed the applicant’s records and rendered an advisory opinion in her case. The Director of Health Services stated: a. The application and recruiting records of the applicant were reviewed. It is their opinion that the officer qualifies and should receive the Specialty Incentive Pay/Bonus (Retention Pay) in accordance with USAREC Form 601-37.48 signed by the officer at the time of application and her original contract. b. The applicant was a previously serving Medical Services Corps officer without a 2 year break in service. Therefore, the officer did not qualify for an accession bonus. However, the area of concentration 66T (Emergency Trauma Nurse) does qualify for a Retention Bonus and therefore should be awarded. c. In response to the request to be granted the rank/grade of MAJ/O-4, the constructive credit was correctly done upon accession. The modification of the date of rank for CPT/O-3 was made by HRC and they would defer their opinion for a rank adjustment based upon an opportunity of a below the zone promotion board appearance. d. Recommend approval of the Specialty Pay. e. Defer recommendation of the rank/grade evaluation to HRC. 9. On 24 June 2021, the applicant was provided with a copy of the advisory opinion for her acknowledgment/rebuttal. She did not respond. 10. By statute, a health professions bonus may be paid to an officer who is a graduate of an accredited school in a health profession and who accepts a commission or appointment as an officer in a Regular or Reserve Component of a uniformed service. The member must agree to remain on active duty or continue serving in an active status in a Reserve Component in a health profession. 11. By regulation, officers and warrant officers who have either failed of selection for promotion, or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a special selection board, as appropriate. 12. By regulation, a special selection board is not used for below the zone promotion consideration. SSBs may be convened under Title 10, USC, section 628 to consider or reconsider commissioned or warrant officers for promotion when Headquarters, Department of the Army (HQDA) discovers one or more of the following: * An officer was not considered from in or above the promotion zone by a regularly scheduled board because of administrative error; this would include officers who missed a regularly scheduled board while on the temporary disability retired list and who have since been placed on the active duty list (SSB required). * The board that considered an officer from in or above the promotion zone acted contrary to law or made a material error (SSB discretionary). * The board that considered an officer from in or above the promotion zone did not have before it some material information (SSB discretionary). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. Based upon the findings and recommendation the advisory opinion, the Board found the applicant qualified for the retention bonus and, therefore, recommended granting that portion of the applicant’s request. The Board, however, also found based upon the advisory opinion findings and the lack of evidence showing the applicant applied to HRC for a below the zone review to Major, the Board concluded there was insufficient evidence of an error or injustice which would warrant relief related to the applicant’s promotion review to Major. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XXX :XXX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 paying her the $25,000 retention bonus outlined in her enlistment contracts. 2. The Board further determined the evidence presented is 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 the applicant’s request for a below the zone review to Major. 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. REFERENCES: 1. Title 37, United States Code (USC), section 335 states the Secretary concerned may pay a health professions bonus under this section to a person, including an officer in the uniformed services, who is a graduate of an accredited school in a health profession and who accepts a commission or appointment as an officer in a Regular or Reserve Component of a uniformed service. The member agrees to remain on active duty or continue serving in an active status in a Reserve Component in a health profession. a. The Secretary concerned may pay BCP under this section to an officer in a Regular or Reserve Component of a uniformed service who is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; is board certified in a designated health profession specialty or skill; and is serving on active duty or in an active status in such designated health profession specialty or skill. b. A health professions bonus may not exceed $75,000.00 for each 12-month period of obligated service agreed to. c. A health professions bonus under subsection (a) may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. BCP under subsection (c) may be paid monthly, in a lump sum at the beginning of the certification period, or in periodic installments during the certification period, as determined by the Secretary concerned. d. To receive a bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies the amount of the bonus, the method of payment of the bonus, period of obligated service, whether the service will be performed on active duty or in an active status in a Reserve Component, and the type or conditions of service. 2. Army Active Component Health Professions Officer Special and Incentive Pay Plan effective 1 January 2017 states for a Retention Bonus: any active duty obligation for education and training incurred on Active Duty, and previous multi-year pay or retention bonus agreements, shall be served before serving new retention bonus active duty obligation (consecutive obligation). When no new education and training active duty obligation exists at the time of a retention bonus agreement execution, the retention bonus active duty obligation shall be served concurrently with the retention bonus agreement period, and all non-education and training active duty obligations. 3. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) provides to qualify for selection, commissioned officers (other than commissioned warrant officers) must complete the military educational requirements in table 2-2 not later than the day before the selection board convene date. Table 2-2 provides that to be selected for promotion to Major (MAJ) an officer must complete any officer advanced course. a. Officers and warrant officers who have either failed of selection for promotion, or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a special selection board, as appropriate. b. Promotion advisory boards are non-statutory boards, and are convened to reconsider all warrant officers, to include commissioned warrant officers. These boards will also reconsider commissioned officers (other than commissioned warrant officers) who were either non-selected or were erroneously not considered for promotion by a mandatory promotion board convened before 1 October 1996. c. Special Selection Boards (SSB), convened under the Reserve Officer Personnel Management Act (ROPMA) on and after 1 October 1996, will reconsider commissioned officers, (other than commissioned warrant officers) who were wrongly not considered and reconsider commissioned officers (other than commissioned warrant officers) who were considered but not selected by mandatory promotion boards that convened on or after 1 October 1996. d. These boards are convened to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose records, thorough error, were not submitted to a mandatory promotion selection board for consideration or contained a material error when reviewed by the mandatory selection board. 4. AR 600-8-29 (Officer Promotions), prescribes the officer promotion function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support officer promotions. Chapter 7 provides for SSBs. a. Paragraph 7-2 provides that a SSBs may be convened under Title 10, United States Code (USC), section 628 to consider or reconsider commissioned or warrant officers for promotion when Headquarters Department of the Army discovers one or more of the following: (1) An officer was not considered from in or above the promotion zone by a regularly scheduled board because of administrative error. This would include officers who missed a regularly scheduled board while on the temporary disability retired list and who have since been placed on the active duty list (SSB required). (2) The board that considered an officer from in or above the promotion zone acted contrary to law or made a material error (SSB discretionary). (3) The board that considered an officer from in or above the promotion zone did not have before it some material information (SSB discretionary). b. Paragraph 7-3 (Cases not considered) provides that an officer will not be considered or reconsidered for promotion by an SSB when an administrative error was immaterial, or the officer, in exercising reasonable diligence, could have discovered and corrected the error in the officer record brief or OMPF. It is the officer’s responsibility to review his or her ORB and OMPF before the board convenes and to notify the board, in writing, of possible administrative deficiencies in them. c. Paragraph 7-11, officers who discover that material error existed in their file at the time they were non-selected for promotion may request reconsideration. //NOTHING FOLLOWS//