ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:    6 February 2020DOCKET NUMBER:  AR20180002936 


APPLICANT REQUESTS: Correction of her record to show: 

.Incentive Special Pay (ISP) started on 26 June 2017 in lieu of 29 November 2017and back ISP as a result of the correction

.correction of her Active Duty Service Obligation (ADSO) going forward as a resultof the corrected ISP date



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Self-authored letter

.Army Board for Correction of Military Records (ABCMR) Docket NumberAR20160010307, dated 6 December 2016

.Special pay record brief



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552(b); however, the ABCMR conducted a substantivereview of this case and determined it is in the interest of justice to excuse the applicant'sfailure to timely file.

2.The applicant states in a self-authored letter:

a.In 2015 due to the negligence and lack of communication of her special paymanager, her ISP and Non-Physician Board Certification Pay (NPBCP) contracts were signed 5 months after they should have been signed.  The initial contracts were signed on 29 November 2015 but should have been signed the date of her Certified Registered Nurse Anesthetist (CRNA) certification which was 26 June 2015. 

b.At the time she requested to the Board a change of her NPBCP contract date andbackup pay for the unpaid months which was approved.   She had not included a change of the ISP contract date because her pay was not affected as this bonus was disbursed yearly in one lump sum.  However, with the monthly disbursements from the 
new bonus structure, her ISP monthly bonus disbursements started in November 2017 (current contract date) instead of June (date it should have always been started). 

c.She also realized that this incorrect contract date was extending the length of herobligation to the Army by 5 months which should have not been the case if her special pay manager had not been negligent in this process when she first arrived at Tripler Army Medical Center in 2015.  I, therefore, requests a change of her initial ISP to 26 June 2015 or her current ISP contract date to reflect 26 June 2017 whichever is easier in order to receive back pay from the months of June to November 2017 as well as to reduce her obligation time from November to June 2018.  This correction if approved will reflect in future contracts and avoid any more related issues. 

3.A review of the applicant’s official records show the following on:

a.On 1 March 2012, the applicant was appointed as a Regular Army Nurse Corpsofficer and executed an oath of office. 

b.On 8 May 2015, the Doctor of Nursing Practice with a major in nurse anesthesiawas conferred upon the applicant. 

c.From 1 July 2014 to 19 June 2015, the applicant attended and completed theU.S. Army Graduate program in anesthesia nursing. 

d.On 26 June 2015, the National Board of Certification and Recertification forNurse Anesthetists certified her as a CRNA. 

e.On 28 December 2015, Memorandum, Subject: Request for CRNA ISP wascompleted and approved for the applicant to receive ISP effective with a one year continuous active duty agreement commencing on 29 November 2015, in the amount of a lump sum of $15,000.00 annually.   

f.On 3 June 2016, the applicant petitioned the Board for back pay of NPBCP.  TheBoard Docket shows an advisory opinion from the Office of the Surgeon General which approved the applicant for NPBCP.  On 6 December 2016, the Board, in error, granted full relief for ISP instead of the requested NPBCP commencing on 26 June 2015. 

g.On 21 September 2016, Memorandum, Subject: Request for CRNA ISP wascompleted and approved for the applicant to receive ISP effective with a one year continuous active duty agreement commencing on 29 November 2016, in the amount of a lump sum of $15,000.00 annually. 

4.The applicant provides special pay record brief showing ISP payments for theperiods 29 November 2015 - 28 November 2016, 29 November 2016 - 28 November
2017 and 29 November 2017 – 28 November 2018 in the amount of $15,000.00 each year. 

5.Memorandum, Subject: Health Profession Officer Special and Incentive Pay Planstates effective 1 October 2017, officers not already under a Consolidated Special Pay(CSP) contract in Fiscal Year (FY) 2018 will transition from the current legacy specialpays to CSP by 28 January 2018.  Officers on a legacy contract due an annualinstallment in and after FY 2018 may have their contracts amended.  Amendedcontracts will not incur and additional ADSO.  Fully qualified CRNA’s qualify for ISP atan annual rate of $15,000.00 prorated monthly.

BOARD DISCUSSION: 

1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, the date ofher certification, the previous consideration by the ABCMR.  The Board considered thememoranda reflecting the start date of the applicant’s CRNS ISP.  The Board that theapplicant was eligible to receive CRNA ISP at a date earlier that currently reflected inher records.  Based on a preponderance of evidence, the Board determined that acorrection to the applicant’s records was required.

2.After reviewing the application and all supporting documents, the Board found thatrelief was warranted.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented is 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 as follows to show: 

-The applicant submitted a request for CRNA ISP upon receipt of hercertification on 26 June 2017;

-That her request was accepted and processed by the appropriate official;

-That the applicant be paid CRNA ISP for the period beginning 26 June 2017,and;

-Adjustments to her ADSO be made based on this correction.





X 

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 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within 3 years after discovery of the alleged error or injustice.  Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3 year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.Memorandum, Subject: Health Profession Officer Special and Incentive Pay Planstates effective 1 October 2017, officers not already under a CSP contract in FY 2018will transition from the current legacy special pays to CSP by 28 January 2018.  Officerson a legacy contract due an annual installment in and after FY 2018 may have theircontracts amended.  Amended contracts will not incur and additional ADSO.  Fullyqualified CRNA’s qualify for ISP at an annual rate of $15,000.00 prorated monthly.


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