RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-00047
INDEX CODE: 128
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The remaining debt of $2,964.06, for her Nursing Corps schooling be
remitted/waived.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered extended active duty in the grade of second
lieutenant on 18 August 1993 in the Nursing Officer Corps, for a period of
four years. Under this agreement, a lump sum bonus of $5,000 was paid to
the applicant. The applicant was granted an involuntary discharge on
25 April 1994 for failure to pass the nursing state board exam, and
consequently incurred a debt in the amount of $2,964.07 for the obligated
service under the bonus agreement.
_________________________________________________________________
AIR FORCE EVALUATION:
The Defense Finance and Accounting Service, DFAS-DE/FYCC, reviewed the
application and states that they contacted the Waivers and Remission Branch
(DFAS-DE/FYCT) for their recommendation. In April 1995, DFAS/DE-FYCC was
informed that the debt was no longer valid, however, after further
research, the Waivers and Remission Branch determined that the debt was
valid and should be collected. The applicant no longer qualified for the
bonus for failure to remain licensed as a registered nurse in the state.
Based on the evidence, there has not been an error or injustice. DFAS-
DE/FYCC recommends the debt be collected in full.
A complete copy of the DFAS-DE evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
A copy of the DFAS-DE evaluation was forwarded to the applicant on 16 March
1998 for review and response within 30 days. As of this date, no response
has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After thoroughly reviewing the
applicant’s military records and the documentation submitted, we believe
there was an injustice to the applicant regarding the debt incurred as a
result of her failing to pass the nursing state board examination. It
appears that the applicant received her nursing degree on 8 May 1993 and
was accessed into the Air Force under the Nursing Officer Corps for which
she received a lump sum bonus of $5,000. The evidence reflects that while
participating in the program, she took and failed the nursing state board
examination in July 1993 and February 1994. She was involuntarily
discharged on 25 April 1994 for failure to pass the nursing state board
examination and obtain a state license, thereby incurring a debt for a
portion of unserved obligated service as a result of receiving the bonus.
However, she retook the examination on 1 May 1994 and received her State
Nursing License effective 25 May 1994, just one month after her discharge.
We note that the applicant was subsequently appointed a second lieutenant
in the Reserve of the Air Force Nursing Corps on 27 June 1994 and ordered
to extended active duty on 3 October 1994. It appears that she is
continuing her career progression as an Air Force officer and nursing
professional and, has attained the rank of captain. In view of the fact
that applicant retook and passed her licensing examination within a month
of her discharge, and subsequently reentered the Air Force, we believe it
would be unjust for her to incur the balance of the debt of $2,964.07.
Therefore, we recommend the applicant's records be corrected to the extent
indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that she was not honorably discharged on
25 April 1994 under the provisions of AFR 36-12 (Involuntary Discharge:
Miscellaneous/General Reasons), but rather she continued to serve on active
duty in the grade of second lieutenant, assigned to the 645 Medical Group
(AFMC).
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 17 November 1998, under the provisions of AFI 36-2603:
Mr. Henry C. Saunders, Panel Chair
Mr. Henry Romo Jr., Member
Dr. Gerald B. Kauvar, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Dec 97, w/atch.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, DFAS-DE/FYCC, dated 13 Feb 98.
Exhibit D. Letter, AFBCMR, dated 16 Mar 98.
HENRY C. SAUNDERS
Panel Chair
INDEX CODE: 128
AFBCMR 98-00047
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to ---- -. ----, --- be corrected to show that she was not
honorably discharged on 25 April 1994 under the provisions of AFR 36-12
(Involuntary Discharge: Miscellaneous/General Reasons), but rather she
continued to serve on active duty in the grade of second lieutenant,
assigned to the 645 Medical Group (AFMC).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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