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AF | BCMR | CY1998 | BC-1998-00047
Original file (BC-1998-00047.doc) Auto-classification: Approved

                       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informed  that  the  debt  was  no  longer  valid,  however,  after  further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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