RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05146
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Extended Active Duty (EAD) Orders be amended to allow
reimbursement of his travel costs for moving his dependents.
APPLICANT CONTENDS THAT:
He moved his family prior to the issuance of orders to prevent
hardship on them. In March 2013, he was told he would be assigned
to Wright-Patterson Air Force, Base, Ohio. His lease expired on
1 July 2013. He had yet to receive orders due to his failure of
the National Council Licensure Examination for Registered Nurses
(NCLEX) in June 2013. The state of Indiana requires a 30-day wait
for re-test of the NCLEX.
His commander advised him to move his family to Ohio. He
physically received his orders on 16 August 2014 and was slotted
to leave for training on 18 August 2014.
In support of his appeal, the applicant provides a statement from
his commander and his EAD Orders.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is a member of the Air Force serving in the grade of
second lieutenant.
AIR FORCE EVALUATION:
AFPC/DPAN recommends denial. The applicant received his Bachelor
of Science in Nursing on 4 May 2013. In June 2013, he took
National Council Licensure Examination for Registered Nurses;
however, he failed. The state requires a 30 day wait to retake
the exam. He tested again in July 2013. On 6 August 2013, his
nursing license was issued from the state of Indiana. On
11 August 2013, he was commissioned in the Reserves and accessed
to active duty on 18 August 2013.
In accordance with AFI 36-2005, Appointment in Commissioned Grades
and Designation and Assignment in Professional Categories
Reserve of the Air Force and United States Air Force, for
appointment as a second lieutenant into the Nurse Corps, the
applicant must have successfully passed the National Council
Licensure Examination for Registered Nurses, possess a current
registration in at least one state and be a graduate of a
baccalaureate degree program in nursing. The above requirements
must be met prior to the EAD Order being published. The EAD Order
was published on 12 August 2014 and later amended to change the
departure address. Another EAD Order was published to rescind the
initial order to remove the Nurse Transition Program.
The Joint Federal Travel Regulation, chapter 2, U2200, states an
order should be issued before travel is performed and travel
reimbursement is not authorized when travel is performed before
receipt of a written/oral order. Expenses incurred before receipt
of a written order are not reimbursable. Normally, oral orders
are not given for accessions; however, if an oral order was given,
it could not be earlier than 11 August 2013, prior to the
accession requirements being met.
The complete AFPC/DPAN evaluation, with attachments, is at
Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 7 July 2014 (Exhibit C) for review and comment within 30 days.
As of this date, no response has been received by this office.
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 applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion that
the applicant has not suffered an error or injustice. We took
note of the commanders supporting statement; however, absent an
oral order authorizing travel, we find no basis to recommend
granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket Number
BC-2013-05146 in Executive Session on 14 August 2014, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Oct 13, w/atchs.
Exhibit B. Letter, AFPC/DPAN, dated 20 June 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 7 Jul 14.
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