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.