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AF | BCMR | CY2012 | BC-2012-02082
Original file (BC-2012-02082.pdf) Auto-classification: Denied
 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 
DOCKET NUMBER:  BC-2012-02082 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
   
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
1.  His  Nurse  Enlisted  Commissioning  Program  (NECP)  scholarship 
be reinstated. 
 
2.  His  DD  Form  785,  Record  of  Disenrollment  from  Officer 
Candidate  –  Type  Training,  be  corrected  to  reflect  that  he  was 
diagnosed with alcohol dependence after self identifying to the 
Alcohol  and  Drug  Abuse  Prevention  and  Treatment  (ADAPT)  clinic 
or that the DD Form 785 be expunged from his records.  
 
3.  His official disenrollment date of 19 Jan 2012 be changed to 
31  Dec  2011,  or  earlier  to  allow  him  to  test  for  technical 
sergeant (TSgt, E-6) in the 09E6 testing cycle. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
The decision to revoke his NECP scholarship was capricious.  He 
was  diagnosed  with  a  condition  that  rendered  him  ineligible  to 
commission.  Through phone calls to the Air Force Academy ADAPT 
Program, he found that being diagnosed with alcoholism does not 
preclude  an  individual  from  being  able  to  commission.    United 
States  Air  Force  Academy  (USAFA)  cadets  are  able  to  graduate, 
commission  and  start  their  careers  in  the  United  States  Air 
Force.    Cadets  can  self  identify  after  commissioning  and  not 
worry about losing their commission. 
 
The DD Form 785 was prepared incorrectly and displays a level of 
degradation  to  his  character.    He  was  unofficially  disenrolled 
for  being  diagnosed  with  alcohol  dependence.    The  DD  Form 
785 states, "This correspondence is to advise that you are being 
disenrolled from the NECP program.  You have been diagnosed with 
a  condition  that,  in  accordance  with  (IAW)  AFI  36-2005, 
Appointment  in  Commissioned  Grades  and  Designation  and 
Assignment in Professional Categories - Reserve of the Air Force 
and  United  States  Air  Force,  Table  2.2,  Item  1,  renders  you 
ineligible  for  appointment  into  the  Nurse  Corps.    As  a  result, 
you  are  being  disenrolled  from  the  NECP  due  to  your 
ineligibility to commission as a nurse.  Your disenrollment will 
be  without  prejudice."    AFI  36-2005,  Table  2.2,  Item  1 states 
"Applicants  are  ineligible  for  appointment  when  one  of  the 
following  conditions  exist:  Questionable  moral  character, 
history 
frequent 

alcoholism, 

RECORD OF PROCEEDINGS 

of 

antisocial 

behavior, 

 

 

 

2

difficulties with law enforcement agencies, history of psychotic 
disorders,  transsexualism  and  other  gender  identity  disorders, 
exhibitionism, transvestitism, voyeurism and other paraphilias."  
As it is displayed, the DD Form 785 is open to interpretation.  
He requests that the DD Form 785 be corrected to state that he 
was diagnosed with alcohol dependence after self identifying to 
the ADAPT clinic or it be expunged from his record. 
 
His  official  disenrollment  date  of  19  Jan  2012  made  him 
ineligible  to  test  for  promotion  to  the  grade  of  technical 
sergeant  (TSgt,  E-6)  for  the  E609  cycle.    The  disenrollment 
process took 104 days (5 Oct 2011 through 19 Jan 2012). 
 
In  support  of  his  request  the  applicant  provides  copies  of 
numerous  statements,  memorandums,  DD  Forms  785,  and  other 
documents in support of his request. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  is  currently  serving  in  the  Regular  Air  Force  in 
the  grade  of  staff  sergeant  (SSgt,  E-5),  having  assumed  that 
grade effective and with a date of rank (DOR) of 1 Jun 2008. 
 
The  NECP  offers  active  duty  enlisted  personnel  the  opportunity 
to  earn  a  bachelor's  degree  in  a  high  demand  academic  major.  
Upon  successful  completion  of  both  the  Bachelor  of  Science  in 
Nursing  degree  and  the  National  Council  Licensure  Examination 
(NCLEX), NECP students will be commissioned, attend Commissioned 
Officer  Training  (COT),  the  Nurse  Transition  Program  (NTP)  and 
then  move  to  a  final  assignment  location.    NECP  students  will 
complete their degree at a college or university with an AFROTC 
detachment  or  a  college/university  that  has  a  "cross-town 
agreement"  with  a  college  or  university  with  an  AFROTC 
detachment  that  is  in  the  vicinity.    HQ  AFPC/DPANN  manages 
applicants  and  administratively  assigns  them  to  the  AFROTC 
detachment at a college with tuition less than $15,000 per year.  
Students  receive  an  annual  book  stipend  of  $600.00  and  must 
absorb  the  cost  of  books/supplies  required  over  the  authorized 
stipend.  Students continue to receive full Active Duty pay and 
benefits  while  in  the  NECP.    This  scholarship  is  awarded  in 
return  for  an  Active  Duty  service  obligation.    Students  are 
under  contract  to  complete  their  education  program  by  their 
anticipated contract date or within 24 months. 
 
The  remaining  relevant  facts  pertaining  to  this  application, 
extracted  from  the  applicant’s  military  records,  are  contained 
in  the  letters  prepared  by  the  appropriate  offices  of  the  Air 
Force at Exhibits B, C and D. 
 

 

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________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPAMN recommends denial of the applicant’s requests to have 
his  NECP  scholarship  reinstated  and  that  his  DD  Form  785  be 
corrected  to  reflect  that  he  was  diagnosed  with  alcohol 
dependence  after  self  identifying  to  the  ADAPT  clinic  or  that 
the DD Form 785 be expunged from his records. 
 
DPAMN  states  his  request  to  be  reinstated  into  the  NECP  was 
reconsidered  twice.    The  applicant  had  not  attended  class  for 
nearly  two  months  and  had  experienced  a  relapse  and  repeat 
hospitalization.  In Dec 2011, the squadron commander asked for 
reconsideration and a delay in disenrollment awaiting education 
program  information  from  the  university  showing  he  could 
complete the program in 24 months or less.  DPANN sought legal 
and  Air  Staff  guidance,  then  granted  the  opportunity  for 
reconsideration  pending  new  program  information  and  release  of 
medical  information.    After  receiving  educational  program 
information and a release to speak with his medical provider, it 
was  revealed  he  was  diagnosed  with  alcoholism,  a  condition 
rendering him ineligible for commissioning IAW AFI 36-2005.  On 
24  Feb  2012,  his  appeal  for  reconsideration  was  also  addressed 
via  his  request  for  redress  pursuant  to  Article  138  Complaint 
under the Uniform Code of Military Justice.  At that time, his 
request  was  reviewed  and  regarded  as  a  reconsideration/waiver 
for  readmission  into  the  NECP.    That  request  was  denied.    IAW 
AFI 36-2005, Table 2.2, Item 1, he is ineligible for appointment 
into  the  Nurse  Corps.    There  are  additional  considerations  for 
the commissioning of nurse corps officers regarding eligibility 
for State Boards of Nursing (SBON) licensure.  For many states, 
alcohol  dependency  is  grounds  to  preclude  initial  licensure.  
The  application  process  for  professional  nursing  licensure 
requires  the  member  to  report  any  inpatient  treatment  and 
provide  their  treatment  plan  and  prognosis  to  the  SBON.    While 
state boards may consider the information and issue a restricted 
license,  the  Air  Force  Nurse  Corps  cannot  accept  such  a 
restriction.    To  continue  a  member  in  a  scholarship  program 
where the ability to obtain an unrestricted license to practice 
is  questionable  and  would  not  be  advisable.    He  remains 
ineligible  for  appointment  into  the  Nurse  Corps.    He  required 
two  inpatient  hospitalizations  during  the  fall  semester  of  his 
Air Force sponsored NECP schooling and subsequent treatment for 
alcohol dependency.  The resulting diagnosis of alcoholism from 
these  events  is  listed  in  AFI  36-2005  as  a  condition  of 
ineligibility for commissioning.   Based on this diagnosis, his 
disenrollment should remain in effect. 
 
In  regards  to  his  request  that  the  DD  Form  785  state,  more 
specifically, why he was disenrolled from the NECP.  The remarks 
section of his DD Form 785 states "You have been diagnosed with 
a  condition  that,  in  accordance  with  AFI  36-2005,  Table  2.2, 
Item  1,  renders  you  ineligible  for  appointment  into  the  Nurse 

 

 
 

 

4

Corps.  As a result, you are being disenrolled from NECP due to 
your  ineligibility  to  commission  as  a  nurse."    To  avoid 
documenting  privately  protected  medical  information  in  a 
permanent personnel record, a general statement was used.  DPAMN 
therefore  recommends  avoiding  the  placement  of  a  medical 
diagnosis  in  his  personnel  record  by  keeping  the  current 
language reflected on the DD Form 785. 
 
Notwithstanding  the  above,  DPAMN,  recommends  approval  of  his 
request to change his disenrollment date to 31 Dec 2011.  This 
change  makes  him  eligible  to  test  for  E-6  in  the  E612  cycle.  
DPANN  attempted  to  disenroll  him  on  three  separate  occasions.  
First, beginning in Oct 2011 when he began missing a significant 
amount  of  school  and  appeared  to  not  be  able  to  complete  his 
education  program  in  the  contracted  24 months.    At  that  time, 
his  squadron  commander  advised  that  he  was  hospitalized  and 
unable  to  execute  the  documents.    The  second  attempt  was  the 
first week of Dec 2011, when the squadron commander again asked 
for more time to allow him to pursue a revised education program 
that might allow completion within the contracted 24 months.  In 
Jan 2012, DPAMN became aware that he received a medical diagnosis 
of alcoholism, which was incompatible with commissioning.  Given 
the  fact  the  he  had  not  been  participating  as  an  NECP  student 
due to hospitalizations, treatment and administrative conditions 
since  Oct  2011,  it  is  reasonable  to  adjust  the  disenrollment 
date to 31 Dec 2011. 
 
The  complete  DPAMN  evaluation,  with  attachments,  is  at  Exhibit 
B. 
 
AFPC/DPSOE  recommends  denial  of  the  applicant’s  request  for 
supplemental  promotion  consideration  for  cycle  09E6.    DPSOE 
states  he  was  not  time-in-grade  (TIG)  eligible.    Based  on  the 
applicant's  1  Jun  2008  DOR  to  staff  sergeant,  he  was  not  TIG 
eligible  for  promotion  consideration  to  TSgt  for  cycle  09E6.  
The  DOR  required  to  be  considered  during  this  cycle  was  1  Aug 
2007.  He  was  considered  and  nonselected  for  promotion  to  TSgt 
during  cycle  10E6  before  his  entry  into  the  NECP  on  23 Aug 
2010.  He  was  ineligible  for  promotion  consideration  during 
cycle 11E6 as he was currently participating in the NECP.  DPAMN 
has  recommended  his  disenrollment  date  be  changed  from  19  Jan 
2012  to  31  Dec  2011;  however,  the  applicant  will  remain 
ineligible  for  supplemental  promotion  consideration  for  cycle 
11E6.    IAW  AFI  36-2502,  Airman  Promotion/Demotion  Programs, 
paragraph  4.1.6.,  promotion  eligibility  may  be  reinstated  if 
airmen  are  disenrolled  from  training  through  no  fault  of  their 
own.  The training facility commander must make a recommendation 
for  reinstatement.    Since  he  was  disenrolled  from  the  NECP  due 
to  a  medical  diagnosis  of  alcoholism,  he  is  ineligible  for 
promotion consideration for cycle 11E6. 
 
The complete DPSOE evaluation is at Exhibit C. 
 

 

4

AFPC/DPANN recommends denial of the applicant’s request to have 
his  NECP  scholarship  reinstated  and  that  his  DD  Form  785  be 
corrected  to  reflect  that  he  was  diagnosed  with  alcohol 
dependence  after  self  identifying  to  the  ADAPT  clinic  or  that 
the DD Form 785 be expunged from his records.  DPANN states they 
recommend  approval  of  his  request  to  change  his  disenrollment 
date  to  31  Dec  2011  to  allow  him  to  test  for  TSgt  in  the 
E609 cycle if he meets the eligibility criteria. 
 
The complete DPANN evaluation, with attachment, is at Exhibit D. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
His relapse occurred for a short period after he was discharged.  
However,  he  has  not  consumed  alcohol  and  had  been  in  recovery 
for nine months. 
 
The only class time that he missed was when he self identified 
to  ADAPT  and  was  undergoing  treatment  from  7  Oct  2011  until 
3 Nov 2011.  In that time he had requested that he be withdrawn 
from class because he would not be able to catch up and continue 
in  class.    Throughout  Nov  2011  he  was  not  attending  class 
because  he  had  withdrawn  and  was  working  with  the  squadron 
commander and DPAMN to be reinstated.  
 
In  Dec  2011,  after  working  with  the  Dean  of  College  Nursing, 
they came up with a plan that would allow him to graduate in Aug 
2012.  This academic plan would have made it possible for him to 
graduate in the contracted 24 month time frame. 
 
He  called  the  State  Board  of  Nursing  (SBON)  and  they  told  him 
that  his  situation  would  be  presented  to  the  SBON  and  it  was 
possible that he may able to obtain a restricted license.  They 
went on to state that they could not ascertain the outcome until 
he  graduated  from  an  accredited  university,  possessed  a 
Bachelors  of  Science  degree  in  Nursing,  and  submitted  his 
application.    AFPC  stated  that  they  could  not  allow  him  to 
continue in school unless there was a guarantee he would receive 
an unrestrictive license. 
 
He further reasserts that the DD Form 785 is degrading in nature 
due to the wording used.  The table of conditions listed in AFI 
36-2005, Table 2.2, Item 1, can be left open for interpretation.  
He  also  believes  that  because  he  self  identified  to  the  ADAPT 
clinic  and  was  not  command  directed,  it  should  reflect  as  such 
on the DD Form 785.  He did the right thing by asking for help 
and believes he should be credited for doing do so. 
 
There was bias during his elimination from the NECP.  There were 
also  many  attempts  by  DPAMN  to  disenroll  him  for  reasons  not 
stated  in  this  particular  advisory  opinion.    He  is  aware  there 
are Air Force instructions that state ineligibility factors for 

 

 
 

 

6

commission; however, he finds it hard to believe this can happen 
to  a  person  who  has  a  spotless  military  record;  a  person  who 
practiced  integrity  by  stepping  up  and  doing  the  right  thing.  
He  questions  how  it  is  possible  that  USAFA  cadets  who  are 
diagnosed  with  alcohol  dependency  are  able  to  continue  with 
school, graduate, commission and start their careers.  The NECP 
and  the  USAFA  are  both  commissioning  avenues.  The  only 
difference is that NECP students have a wealth of knowledge and 
time invested in the USAF. 
 
His complete submission, with attachments, is 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.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  an  error  or  injustice.    We  took 
notice  of  the  applicant's  complete  submission  in  judging  the 
merits  of  the  case;  however,  we  agree  with  the  opinions  and 
recommendations  of  the  Air  Force  offices  of  primary 
responsibility (OPR) and adopt their rationale as the basis for 
our conclusion the applicant has not been the victim of an error 
or injustice.  We note that DPAMN has corrected the applicant’s 
DD Form 785 to reflect 31 Dec 2011 as his disenrollment date so 
this  portion  of  his  request  is  moot.  We  also  note  the 
applicant’s  comments  in  response  to  the  Air  Force  evaluations; 
however,  we  do  not  find  his  assertions  in  and  of  themselves 
sufficiently  persuasive  to  override  the  rationale  provided  by 
the  Air  Force  OPRs.    Therefore,  in  the  absence  of  evidence  to 
the contrary, we find no basis to reinstate his NECP scholarship 
or  correct/expunge  the  DD  Form  785  in  his  records.    Therefore, 
in the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 
 
________________________________________________________________ 
 
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. 
 
________________________________________________________________ 
 

 

6

 
 
 

, Panel Chair 
, Member 
, Member 

The following members of the Board considered Docket Number BC-
2012-02082  in  Executive  Session  on  5  Nov  2012,  under  the 
provisions of AFI 36-2603: 
 
      
      
      
 
   The  following  documentary  evidence  was  considered  in  AFBCMR 
BC-2012-02082: 
 
    Exhibit A.  DD Form 149, dated 15 May 2012, w/atchs. 
    Exhibit B.  Letter, AFPC/DPAMN, dated 19 Jun 2012, w/atchs. 
    Exhibit C.  Letter, AFPC/DPSOE, dated 11 Jul 2012. 
    Exhibit D.  Letter, AFPC/DPANN, dated 2 Aug 2012, w/atch. 
    Exhibit E.  Letter, SAF/MRBR, dated 6 Aug 2012. 
    Exhibit F.  Letter, Applicant, dated 17 Aug 2012, w/atchs. 
 
 
 
 
                                   
                                   Panel Chair 
 
 

 

 
 



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