RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00704

      XXXXX COUNSEL:  None

      XXXXX HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be enrolled, retroactive to April 1997, in the Air  Force  Ready  Reserve
Stipend Program (AFRRSP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he was commissioned, he  was  promised  the  stipend  to  continue  his
education.  At that time, no date restrictions  were  identified.   However,
when he attempted to apply he was  told  that  the  program  was  no  longer
available to nurses.

In support  of  the  appeal,  applicant  submits  a  personal  statement,  a
statement from the Commander, Medical Service Corp (MSC), a  statement  from
the Chief, Aeromedical Nursing, and a fact sheet, dated  15  February  1996,
Air Force Ready Reserve Stipend Program.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant’s military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Director, Health  Services  Individual  Reserve  Programs,  HQ  ARPC/SG,
reviewed this application and states that the AFRRSP is  one  of  three  DOD
Reserve medical incentive programs designed to
attract and/or retain critical medical skills needed in wartime. A  list  of
eligible specialties is  published  biennially  by  OASD/HA.   The  military
services are then required to restrict their eligible specialties  to  those
required by their Selected Reserve (SelRes) force structure, and  cannot  be
offered to over strength personnel.  During  January  1996,  the  Air  Force
SelRes exceeded 100%  in  clinical  nurses.   For  that  reason,  they  were
obligated to remove them from the list of  eligible  specialties.   However,
they did allow a window of opportunity until 15 March 1996,  for  those  who
had applications in the pipeline, or those who might not yet  have  applied.
They tried to give this change the widest possible  dissemination,  but  are
aware of instances where units and individuals apparently  did  not  receive
this information.  They are also aware that, in the past, the programs  were
presented by various representatives almost  as  entitlements,  rather  than
incentives,   directly   tied   to   manpower   strengths,   which   change.
Consequently, they believe the applicant has acted in good faith,  based  on
information received at the time  of  appointment.   The  reason  they  were
unable to assist the applicant is because  there  are  over  600  nurses  in
their SelRes with an Associate Degree in  Nursing  (ADN).   They  could  not
grant the applicant an exception  that  they  were  not  prepared  to  offer
others with similar  situations.   Based  on  the  evidence  provided,  they
recommend denial of applicant's request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he  received  his
commission in September 1994, when the U.S. Air Force  Reserve  (USAFR)  was
offering the stipend to nurses.  The USAFR was offering the stipend  because
there was a critical medical manning need in nursing.  He was  appointed  in
the Air Force Reserve Nurse Corps to fill that critical  manning  need.   At
the time of his appointment, he was  told  that  he  was  eligible  for  the
stipend  to  obtain  his  Baccalaureate  Degree   in   Nursing,   again   no
restrictions were stated at that time.  He was never  informed  nurses  were
being removed from the stipend program and, therefore,  never  received  the
window of opportunity.  HQ ARPC/SG acknowledges  that  they  were  aware  of
instances where units and individuals did not receive notice of the  removal
of nurses from the stipend program.  Since HQ  ARPC/SG  was  aware  of  this
oversight, they had a responsibility to ensure dissemination  of  this  data
to all affected personnel.  HQ ARPC/SG recommends denial of the request  due
to a concern that if his request was granted, that this  exception  must  be
granted to over 600 other  nurses.   His  circumstances  are  unique  and  a
generalization should not be made for all other nurses.  His claim is  valid
and should not be denied.  It should be reviewed individually and granted
based upon its own merit.  In 1996, he planned on returning to  school,  but
because HQ ARPC/SG denied his acceptance into the stipend program  in  1996,
he was unable to attend school at that time.  He  struggled  over  the  next
year, and in April 1997, was able to go back to school.  This  continues  to
be an extreme financial burden.  He believes his claim should be allowed.

Applicant's complete response, with attachment, is attached at Exhibit D.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The Chief, General Law Division, HQ USAF/JAG, reviewed this application  and
states  that  according  to  DODD  1205.20,  Reserve   Component   Incentive
Programs, January 8, 1996, incentive programs shall be used to  attract  and
retain personnel possessing or qualifying for training  in  critical  skills
needed in wartime.  Each Military Department is tasked with identifying  the
critical skills eligible to participate in the incentive programs  based  on
critical  needs  and  anticipated  shortages  are  subject  to  change,  the
availability of  the  incentives  must  also  change  to  be  responsive  to
military requirements.   Each  Military  Department  is  further  tasked  to
ensure that only those persons who  meet  established  eligibility  criteria
participate in  the  incentive  programs  and  that  information  concerning
incentive  programs  is  widely  disseminated.   DOD  Financial   Management
Regulation 7000 14-R, Volume 7A, Chapter 61 establishes  a  pay  entitlement
for Reserve officers engaged in  professional  training  for  physicians  or
registered  nurses  in  critical  specialties  designated  by  the   Service
Secretaries.  Each officer  who  qualifies  is,  therefore,  entitled  to  a
monthly stipend.  The applicant, a clinical nurse, was commissioned  in  the
Air Force Reserve (AFRes) on 12 September  1994.   Because  of  the  manning
shortage of clinical nurses in the AFRes at that time, individuals  with  an
Associate Degree in Nursing were entitled to a stipend under the  Air  Force
Ready Reserve Stipend Program (AFRRSP) to pursue a Baccalaureate  Degree  in
Nursing (BSN).  In January 1996, the Air Force SelRes  manning  in  clinical
nurses exceeded 100% and this specialty had to be removed from the  list  of
critical specialties eligible to participate in  the  AFRRSP.   However,  an
application deadline of  15  March  1996  was  established  for  those  with
pending applications and for those who had not yet applied  for  entry  into
AFRRSP.   While  this   change   in   eligibility   was   given   widespread
dissemination, HQ ARPC/SG is aware of instances where units and  individuals
apparently did not receive this information.  The gist  of  the  applicant’s
argument is that his eligibility for potential pay entitlement could not  be
withdrawn unless  he  was  first  notified  and  given  the  opportunity  to
participate.  Applying this argument to the stipend program generally  would
place an obligation on the Air Force  to  personally  notify  each  affected
officer  prior  to  removing  a  specialty  from  the   list   of   critical
specialties.  The Air Force has no such obligation and  such  a  requirement
would create an unreasonable burden.  Indeed,  they  cannot  determine  from
the available information whether the AFRes maintains a database that  would
make such an approach even feasible.  They do not share the view  voiced  by
ARPC/SG that granting the requested relief would require granting  the  same
exception to over 600 other nurses.  Only those clinical nurses  who  joined
the AFRes prior to January 1966 and could also demonstrate  that  they  were
reasonably unaware of the withdrawal of the incentive  program  could  claim
to be similarly situated.  A further distinction can also be  made  in  that
the applicant provides some evidence that he  was  unable  to  continue  his
degree program because of military training requirements.  Each request  for
relief would have to be evaluated on its own  merits.   They  recommend  the
application be denied.

A complete copy of the evaluation is attached at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  states  he  has  shown
evidence that his military training  requirements  (Military  Indoctrination
of Medical Service Officer Course, Flight  Nurse  Course  and  flight  nurse
upgrade training) made him unable to continue with his degree.   Because  of
this and the other factors  mentioned  previously,  he  believes  that  this
board should rule in his favor.  In closing, this has been a very  difficult
ordeal for him and his  family.   They  have  undergone  many  hardships  to
finance his schooling and to try and resolve  this  issue  fairly.   He  has
strived to meet all of his  military  obligations  and  commitments  to  his
country.  He has faith in the Air Force and believes  that  the  board  will
make a fair and just decision.

Applicant's complete response is attached at Exhibit G.

_________________________________________________________________

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.  The HQ  ARPC/SG  advisory  states
that they are aware that, in the past, three DOD Reserve medical  incentives
programs were designed to attract  and/or  retain  critical  medical  skills
needed in wartime of which the  Air  Force  Ready  Reserve  Stipend  Program
(AFRRSP) was one.  The programs were presented  to  various  representatives
almost as entitlements, rather than incentives, directly  tied  to  manpower
strengths, which change.  They  are  aware  of  instances  where  units  and
individuals apparently did not receive the information that  the  Air  Force
Selected Reserve (SelRes) manning in clinical nurses exceeded 100% and  this
specialty had to be removed from the list of critical  specialties  eligible
to participate in AFRRSP.  They believe the applicant acted in  good  faith,
based on information he received at the time of his appointment.  The  Board
is of the opinion that it is imperative that individuals be notified when  a
program is being discontinued and may have an impact of their career.   With
today’s technology, and since it appears that  the  applicant  was  informed
that the AFRRSP was an entitlement, the Air Force should have  assured  that
he was properly notified of the change.  In view of the  foregoing,  and  in
an effort to offset any possibility of an injustice,  the  majority  of  the
Board believes the applicant’s records should 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 he is  enrolled  in  the  Air  Force
Ready Reserve Stipend Program, effective 1 April 1997.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 12 January 1999, under the provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. Richard A. Peterson, Member
      Mr. Frederick R. Beaman, III, Member

By a majority vote, the Board voted to correct the records, as  recommended.
 Mr. Peterson abstained from voting.   The  following  documentary  evidence
was considered:

   Exhibit A.  DD Form 149, dated 10 March 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/SG, dated 1 May 1998.
   Exhibit D.  Applicant's Response, dated 9 August 1998,
               with atchs.
   Exhibit E.  Letter, HQ USAF/JAG, dated 3 November 1998.
   Exhibit F.  Letters, AFBCMR, dated 18 May 1998 and
               9 November 1998.
   Exhibit G.  Applicant’s Response, dated 6 December 1998.





            Panel Chair


AFBCMR 98-00704




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 XXXXX, XXXXX, be corrected to show that he is enrolled in the
Air Force Ready Reserve Stipend Program, effective 1 April 1997.




            Director
            Air Force Review Boards Agency