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.
2
________________________________________________________________
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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