RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00204

					COUNSEL:  

		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

Her records be corrected to reflect award of the Nurse Corps 
(NC) Incentive Special Pay (ISP) bonus for Fiscal Year 2012 
(FY 12) and Fiscal Year 2013 (FY 13).


APPLICANT CONTENDS THAT:

On 14 Jan 13, she submitted her FY 12 ISP bonus package.  She 
was informed by her Chief Nurse that her bonus package had been 
properly submitted.  The request was withheld or lost by the 
group commander.

The improper revocation of her nursing privileges on 29 Oct 13 
barred her from submitting ISP bonus package for FY 13.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade 
of captain (O-3).

The applicant met the eligibility criteria for NC ISP from 
29 Sep 12 to 21 Oct 13.

On 26 Nov 12, the applicant was removed from all patient care 
duties due to unprofessional, argumentative behavior and refusal 
to carry out providers’ decisions and plans of patient care; 
inappropriate and unprofessional entries into patient’s 
Electronic Health Record (EHR), and an inability to consistently 
provide the standard of care required for nursing practice

On 29 Dec 12, a Quality Assurance investigation was completed.  

On 24 Jan 13, the Credentials Review Function met and determined 
that a Peer Review Panel should be convened.  On 4 Mar 13, the 
Peer Review Panel convened and recommended revocation of the 
applicant’s clinical practice privileges.  On 7 Mar 13, the 
Credentials Review Function reviewed the Peer Review Panel’s 
recommendation and recommended the applicant’s nurse clinical 
practice be revoked.  A Notice of Proposed Revocation of 
Clinical Practice was issued.  

On 8 Apr 13, the applicant signed the revocation and did not 
request a hearing.  

On 28 Mar 13, a Final Decision in Clinical Adverse Action 
Proceeding was issued indicating the commander was revoking the 
applicant’s clinical practice.  On 14 Jun 13, the applicant 
acknowledged the revocation of her clinical practice.  

On 22 Oct 13, the Air Force Surgeon General concurred with the 
decision to revoke the applicant’s clinical nursing practice and 
forwarded notification of the revocation to the National Council 
of State Boards of Nursing and the Nevada state board of 
licensure.

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPANF recommends denial indicating there is no evidence of 
an error or an injustice.  The chief nurse confirmed she 
reviewed the applicant’s FY 12 contract and forwarded it for 
signature.  However, the command section could not confirm the 
contract was received.  The applicant did not follow up with 
AFPC Medical Special Pays to verify her contract was received.

The applicant was eligible for NC ISP for FY 12, however, since 
she filed her contract more than three months after her 
effective date, the contract would not have been timely 
submitted and would not have been processed by AFPC Medical 
Special Pays with the requested effective date.  Per the FY 12 
Special Instructions for Termination and Recoupment or 
Submission and Endorsement of Special Pay contracts are 
effective the first day of the previous month in which the 
member signed the contract as long as the member was eligible on 
the date to be used as the effective date; the endorsing 
authority signed within one month of the date that the member 
sign the contract; and the contract is received within two 
months of the member’s signature.

AFPC, Medical Special Pays, received four documents from the 
military treatment facility (MTF) the applicant was assigned 
documenting the permanent revocation of her clinical nursing 
practice.  Based on the permanent revocation of her clinical 
nursing practice she is not eligible for medical special pays to 
include the FY 13 NC ISP.  Per the FY 12 and FY 13 Nurse Officer 
Special Pay Plan requires a member to be fully qualified 
registered nurse with an active, full unrestricted license.  

A complete copy of the AFPC/DPANF evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 28 Jul 14 for review and comment within 30 days 
(Exhibit D).  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.  The 
applicant contends her FY 12 ISP contract was properly submitted 
and verified and that she would have been eligible for FY 13 ISP 
if her nursing privileges had not been improperly revoked.  
Under the requirements for the FY 12 and FY 13 ISP the 
individual must submit a timely request and have a current 
license.  However, we found no evidence showing the FY 12 ISP 
contract was submitted and received by AFPC Medical Special Pays 
within the guidelines specified by the governing instruction.  
Furthermore, there was no evidence to substantiate the 
revocation of the applicant’s nursing privileges was improper or 
unjust.  Therefore, in the absence of evidence to the contrary, 
we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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-2014-00204 in Executive Session on 27 Jan 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPANF, dated 2 Apr 14,
	            w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 14.