RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01727
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 MARCH 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The Board should refer to  an  Air  Force  complaint  filed  with  the
Florida (FL) Board of Nursing concerning his failure to  go,  derelict
in the performance of duty and unprofessional  conduct  when  deciding
his case.

In support of his request, the applicant submits copies of a letter to
the National Council of State Board of Nursing, a letter from  the  FL
Agency for Health Care Administration (AHCA) and his DD Form 214.  The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 31 July 1998, the  applicant  was  appointed  a  second  lieutenant
(2LT), Reserve of the Air Force, Nurse Corps (NC), and was voluntarily
ordered to extended active duty on 30 August 1998.  He was promoted to
the grade of first lieutenant (1LT), effective and with a date of rank
of 7 November 1999.

The applicant received two Officer Performance Reports (OPRs), one  in
the grade of 2Lt, with the overall evaluation  of  “Meets  Standards,”
and one Referral OPR in the grade  of  1LT.   He  was  considered  and
nonselected for promotion to the grade of captain  by  the  CY00D  and
CY01A Captain (JAC/MSC/BSC/NC/CHAP) Central  Selection  Boards,  which
convened on 18 September 2000 and 5 March 2001 respectively.

On 30 November 2000, the  applicant  received  notification  that  his
commander was  initiating  action  under  AFI  36-3206  that  required
applicant to show cause for retention on active duty.  The reasons for
this action follow:

      a.  On two separate occasions the applicant was derelict in  the
performance of his duties in that  he  negligently  failed  to  follow
appropriate procedures when drawing a patient’s blood  sample  from  a
central line.  The applicant did not follow  the  three  standards  on
another patient when the patient required a transfusion of  two  units
of packed red blood cells.

       b.  Further  investigation  disclosed  that  at  least  on  two
separate  occasions,  the  applicant  conducted   an   open   unwanted
discussion with two officers regarding  his  pandering  activities  or
actions of procuring a prostitute.

      c.  On  or  about  30  August  1999,  he  was  derelict  in  the
performance of his duties in that he negligently failed  to  minimally
document the conditions of two patients on the Medical/Oncology Unit.

      d.  On or about 16 July 2000, the applicant received a Letter of
Reprimand (LOR) for failure to  go  at  the  time  prescribed  to  his
appointed place of duty. For this action, an  Unfavorable  Information
File (UIF) was established on 2 August 2000.

On 21  December  2000,  the  applicant  acknowledged  receipt  of  the
notification.  He consulted military  legal  counsel  and  waived  his
right to submit statements in his own behalf on 2 January  2001.   The
base legal office reviewed the case and found it legally sufficient to
support the proposed  action.   On  12  January  2001,  the  commander
recommended that the  Secretary  of  the  Air  Force  Personnel  Board
(SAFPB) discharge the applicant with  an  under  honorable  conditions
(general)  discharge.   The  Office  of  the  Judge  Advocate  General
reviewed the case file and found  it  legally  sufficient  to  support
discharge, with a general discharge, on 26 February  2001.   On  March
16, 2001, the Secretary  of  the  Air  Force  directed  the  applicant
receive an under honorable conditions  (general)  discharge.   It  was
further determined that the applicant was not  required  to  reimburse
the United States Government for the Nurse Accession  Bonus;  however,
this action did not excuse any other indebtedness to the United States
Government.

The applicant received a general discharge on 29 March 2001 under  the
provisions  of  AFI  36-3207  (unsatisfactory  performance).   He  was
serving in the grade of 1LT and had completed a total of two years and
seven months of active duty service and at the time of discharge.

Applicant's request for upgrade of  his  discharge  to  honorable  and
change the reason and authority for the discharge was  denied  by  the
Air Force Discharge Review Board (AFDRB) on 8 April 2005.  A  copy  of
the AFDRB Hearing Record is appended at Exhibit B.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the  application  be  denied.   DPPRS  states
that, based on the documentation in the applicant’s  master  personnel
records,  the  discharge  was  consistent  with  the  procedural   and
substantive requirements of the discharge regulation.   The  discharge
was within the discretion of the discharge authority.   The  applicant
did not submit any evidence or identify any errors or injustices  that
occurred in the discharge processing.  He provided no facts warranting
a change to his character of service.  The HQ AFPC/DPPRS evaluation is
at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  10
June 2005 for review and response.  As of this date, no  response  has
been received by this office (Exhibit D).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We   thoroughly   reviewed
applicant’s  entire  record  and  the  circumstances  surrounding  the
discharge in 2001 and found no  evidence  that  responsible  officials
applied  inappropriate  standards   in   effecting   the   applicant’s
discharge, that pertinent Air Force instructions were violated or that
the applicant was not afforded all the rights to which entitled at the
time of discharge.  In view  of  the  above  and  in  the  absence  of
evidence that the applicant’s substantial rights were  violated,  that
the information contained in the discharge case file was erroneous, or
that his superiors abused their discretionary authority,  we  are  not
inclined  to  favorably  consider  his  request  for  upgrade  of  his
discharge.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 28 July 2005, under the  provisions  of  AFI  36-
2603:

                  Ms. Kathleen F. Graham, Panel Chair
                  Ms. Renee M. Collier, Member
                  Mr. Terry L. Scott, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2005-01727.

   Exhibit A.  DD Form 149, dated 19 May 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 7 Jun 05.
   Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair