RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-01802
            INDEX CODE:  100, 131.01

            COUNSEL:  None

            HEARING DESIRED:  No

________________________________________________________________

APPLICANT REQUESTS THAT:

1.    She be granted Conditional Reserve Status (CRS).

2.    An indefinite date of  separation  (DOS)  be  annotated  on  her
Officer Selection Brief (OSB).

3.    The Training Report (TR)  rendered  for  the  period  20 Nov  87
through 29 Jan 88 be declared void and removed from her records.

4.    Her corrected record be considered by a Special Selection  Board
(SSB) for the Calendar Year 1997D (CY97D) (5 Nov 97) and CY99A  (8 Mar
99) Central Major Boards.

________________________________________________________________

APPLICANT CONTENDS THAT:

CRS was granted but lost during  temporary  separation  from  the  Air
Force which adversely affected her promotion during  the  CY99A  Major
selection board.  When she returned to active duty in Nov 95, she  was
not aware that separation from the Air Force causes  a  loss  of  CRS.
She was not aware of the requirement to reapply for CRS.  Because  she
did not  have  CRS  status,  the  promotion  board  assumed  that  her
intention was to separate and the board did not review her records  as
seriously as those of her peers.

Applicant’s complete submissions are attached at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 27 Jan 82, the applicant entered extended active duty.   On  19 Apr
90, the applicant was released from active duty under  the  provisions
of AFR 36-12 (Voluntary Release:  Miscellaneous Reasons) in the  grade
of captain with an honorable characterization  of  service.   She  was
credited with 8 years, 2 months, and 23 days of active service.

On 24 Nov 95, the applicant entered EAD.  She is currently serving  on
EAD in the grade of captain, effective, and with a date of rank  (DOR)
of 25 Jul 89.  She currently has a DOS of 23 Nov 99.

Applicant’s Officer Effectiveness Report (OER)/OPR profile since  1985
reflects the following:

            PERIOD ENDING          OVERALL EVALUATION

              9 Nov 85                   1-1-1
             10 Aug 86                   1-1-1
              8 Dec 86                   1-1-1
             19 Nov 87                   1-1-1
           * 29 Jan 88                Education/TR
             29 Jan 89               Meets Standards
             29 Jan 90               Meets Standards
        Not Rated Due to Break in Service
             23 Nov 96               Meets Standards
             30 Jun 97               Meets Standards
             30 Jun 98               Meets Standards
             30 Jun 99               Meets Standards

     *  Contested TR.

Applicant was considered and nonselected for promotion to the grade of
major by the CY97D (5 Nov 97) and by the CY99A Central Major Boards.

The Chief, Nurse Utilization & Education Branch,  AFPC/DPAMN,  granted
the applicant CRS as an exception to policy, effective 15 Sep 99.

The applicant is scheduled to meet an SSB on 30 Nov 99.

________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Nurse Utilization & Education Branch, AFPC/DPAMN,  reviewed
this application and indicated that as a point of  contact  for  Nurse
Corps  officers,  she  reviewed  applicant’s  selection   folder   and
discussed her observations, including the  possibility  that  the  DOS
could have influenced the board.  As the applicant was  not  CRS,  her
OSB indicates a DOS  of  23 Nov  99,  consistent  with  her  four-year
extended  active   duty   service   commitment.    During   non-select
counseling, the Chief asked the applicant why she was not CRS and  the
applicant replied that she thought she was, having retained CRS status
from her previous service.  The Chief explained to the applicant  that
Nurse Corps officers lose CRS status if they separate or  transfer  to
the Reserve component.  If they later  return  to  active  duty,  they
“start over” just like an initial active duty nurse and  must  reapply
after two years’ service.  The applicant  asked  why  the  person  who
provided her non-select counseling from DPAMN last year did not  point
out the DOS as a concern, as she could have  worked  to  correct  this
prior to meeting the next board.   The  previous  counseling  occurred
before the Chief’s arrival at DPAMN so she did  not  have  an  answer;
though, the Chief indicates, it is indeed  unfortunate  this  was  not
“caught” at that time.   The  applicant  also  mentioned  that  during
career counseling at her home base, the need to reapply  for  CRS  had
never been discussed.

The Chief states that the applicant’s memorandum attached  to  her  DD
Form 149 cites that the Chief stated the reason she was  not  promoted
was because she was not CRS.  This does not accurately  reflect  their
entire conversation as the Chief  shared  several  other  observations
from applicant’s record  she  (the  Chief)  thought  could  have  been
contributing factors to applicant’s nonselection.  The Chief did  tell
the applicant that a DOS is a message to the promotion board that  the
officer does not have career intentions  and  those  records  probably
would not receive  as  close  a  review  as  other  officers  with  an
indefinite DOS.  The Chief states that selective continuation of twice
nonselected officers was not offered for the Mar 99 Nurse Corps  Major
promotion board; thus, the applicant has a mandatory DOS.

The Chief further  states  that  she  has  thoroughly  researched  the
factors related to the applicant’s request, including discussion  with
applicant’s chief nurse and squadron commander at MacDill AFB  and  it
is clear that had the applicant submitted a CRS package when  she  was
eligible in Nov 97, she would have been  selected.   As  the  approval
authority for CRS for Nurse Corps officers, the Chief is approving  an
exception to policy based on  the  applicant’s  unique  circumstances.
She is now selected for CRS.  It is  the  Chief’s  understanding  that
this will not change the mandatory  DOS.   The  Chief  recommends  the
Board consider CRS status as retroactive to  Nov  97  and  afford  the
applicant the opportunity to meet an SSB for in-the-primary zone (IPZ)
and, if necessary, above-the-primary zone (APZ),  with  an  indefinite
DOS annotated on the OSB as a result of CRS status.

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

The Chief, Appeals  &  SSB  Branch,  AFPC/DPPPA,  also  reviewed  this
application and indicated that Air Force policy is that an  evaluation
report is accurate as written when it becomes a matter of  record  and
to effectively challenge applicant’s TR, it is necessary to hear  from
the    evaluator—not    only    for    support    but     also     for
clarification/explanation.  The applicant has failed  to  provide  any
information/support.   In  the  absence  of   information   from   the
evaluator, official substantiation of  error  or  injustice  from  the
Inspector General (IG) or Military Equal Opportunity  is  appropriate,
but not provided in  this  case.   The  applicant  contends  that  she
requested the Sheppard AFB, Texas, IG office investigate her erroneous
disenrollment from the School of Health  Care  Science  for  “academic
deficiency” and the IG found her  disenrollment  was  unsubstantiated,
recommending that she be reinstated back into the program.  Since  she
has waited for over  10  years  to  contest  her  29 Jan  88  TR,  any
supporting documentation that may have existed at the School of Health
Care Science (originator of the TR) or the IG is no longer  available.
As such, it appears the TR was accomplished in direct accordance  with
the applicable regulation.  DPPPA notes that the contested TR was part
of the applicant’s OSR when she was considered for promotion to  major
by the CY97D board and the DOS of 23 Nov 99 was reflected on  both  of
her CY97D and CY99A OSBs.

DPPPA states that an officer preselection brief (OPB) is sent to  each
eligible officer 90 days prior to a selection board.  The OPB contains
data that will appear on  the  OSB  at  the  central  board.   Written
instructions attached to the OPB and given to the officer  before  the
central selection board specifically  instruct  him/her  to  carefully
examine the brief for completeness and accuracy.  If  any  errors  are
found, he/she must take  corrective  action  prior  to  the  selection
board, not after.  Further, central boards evaluate the entire officer
selection record (OSR) (including the promotion  recommendation  form,
OPRs,  OERs,  TRs,  letters  of  evaluation,  decorations,  and  OSB),
assessing whole person factors such as job  performance,  professional
qualities, depth and breadth of experience, leadership,  and  academic
and professional military education (PME).  The  selection  board  had
applicant’s entire  OSR  that  clearly  outlined  her  accomplishments
throughout her career.  There is no clear evidence that the TR and DOS
were the reasons for her nonselection.

If the Board grants CRS retroactive to 1997, then DPPPA would pose  no
objection to promotion reconsideration by the CY99A  board.   However,
they recommend the appeal regarding the TR be time barred.

A complete copy of their evaluation, with attachments, is attached  at
Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluations and provided  a  two-page
response.

Applicant’s  complete  response,  with  attachments,  is  attached  at
Exhibit F.

________________________________________________________________

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.  It appears that at  the
time the applicant returned to  the  Nurse  Corps  after  a  break  in
service, she was unaware that her previous CRS status was no longer in
effect.  We note the Chief, Nurse Utilization  and  Education  Branch,
states that it is readily apparent after  review  of  the  applicant’s
record and discussion with her squadron  commander  and  chief  nurse,
that if the applicant had applied for CRS when eligible (Nov 97),  she
would have been selected.  Likewise, it is noted by  the  Chief  Nurse
Executive that applicant’s supervisory chain of  command  also  missed
the requirement for applicant to obtain CRS after reentry on to active
duty.   It  is  apparent  that  had  the  applicant  been  aware  that
separation from the Air Force caused a loss of  CRS,  she  would  have
applied for CRS when eligible.  We note that the Chief indicated  that
she approved, as the approval authority, an exception  to  policy  and
selected the applicant for CRS; however, this is not  retroactive  and
the DOS will remain on her OSB.   Further,  we  note  that  the  Chief
indicated that she thought a DOS on  the  OSB  is  a  message  to  the
promotion board that the officer does not have career  intentions  and
those records probably would not receive as close a  review  as  other
officers with an indefinite date of separation.  It is  apparent  that
applicant’s intent has been to make the Air Force her career.  In view
of the foregoing, and  in  order  to  offset  any  possibility  of  an
injustice, we recommend applicant’s records be corrected as  indicated
below and that she be provided promotion consideration to the grade of
major by SSB for the CY97D and CY99A Central Major Boards.

4.    In regard to applicant’s request to void the TR  closing  29 Jan
88, we note that her OPR closing 29 Jan 89 indicated that she had been
selected to attend the  Obstetrical/Gynecological  Nurse  Practitioner
Course.   Additionally,  while  the  IG  report   substantiating   her
disenrollment was inappropriate is not available, we note that she was
apparently scheduled to attend the course in Apr 90.  Furthermore,  it
appears that after separating rather  than  pursuing  the  certificate
program, she obtained a Masters degree  in  the  same  discipline  for
which she was disenrolled for academic deficiency.  It is apparent  to
this Board that the TR was inaccurate when  rendered.   Therefore,  in
order to offset any possibility of  an  injustice,  we  recommend  the
contested TR be declared void and removed from her records.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.    She was offered and accepted CRS, effective 1 Nov 97.

      b.    The TR, rendered for the period 20 Nov 87  through  29 Jan
88, be declared void and removed from her records.

      c.    She was not considered for promotion to the grade of major
by the CY99A Central Major Board.

Her corrected record be considered for promotion to the grade of major
by SSB for the CY97D and CY99A Central Major Boards.

________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 16 November 1999, under the provisions of AFI 36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Dr. Gerald B. Kauvar, Member
              Ms. Patricia D. Vestal, Member
              Mrs. Joyce Earley, Examiner (without vote)

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Forms 149, dated 15 Jul 99, w/atchs.
     Exhibit B.  Available Military Personnel Records.
     Exhibit C.  Letter, AFPC/DPAMN, dated 15 Sep 99.
     Exhibit D.  Letter, AFPC/DPPPA, dated 13 Oct 99, w/atchs.
     Exhibit E.  Letter, AFBCMR, dated 22 Oct 99.
     Exhibit F.  Letter fr applicant, dated 9 Nov 99, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair


INDEX CODE:  100, 131.01

AFBCMR 99-01802




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:

            a.   She was  offered  and  accepted  Conditional  Reserve
Status (CRS), effective 1 November 1997.

            b.   The Training Report (TR),  rendered  for  the  period
20 November 1987 through 29 January 1988, be, and hereby is,  declared
void and removed from her records.

            c.   She was not considered for promotion to the grade  of
major by the Calendar Year 1999A (CY99A) Central Major Board.

      Her corrected record be considered for promotion to the grade of
major by Special Selection Board for the CY97D and CY99A Central Major
Boards.








                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency