RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02552 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His grades be updated in his official records to reflect timely completion of three on-line courses he took using funding from Tuition Assistance (TA). 2. He be reimbursed the $2,824.35 which were garnished from his taxes because he had not submitted his final grades after completing these courses. ________________________________________________________________ APPLICANT CONTENDS THAT: He never provided his grades for these courses because no one ever told him he had to. From 3 Sep 03 through 3 Apr 04 he took three on-line courses from John’s Hopkins University (JHU): Local Area Networks, Network Programming, and Cryptology. When he was medically discharged in 2005, the Education Officer said he was in good standing. He only discovered that he had to submit his grades himself after his taxes were garnished seven years after his discharge. In support of his request, the applicant provides copies a letter from the Defense Finance and Accounting System (DFAS) forwarded by Senator Barbara Mikulski, a letter from SAF/LL, forwarded by Congressman John Sarbanes, his DD Form 214, Certificate of Release or Discharge from Active Duty, and an excerpt from his transcripts from JHU. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant initially entered active duty on 27 Sep 01. Based upon the information provided by the applicant: The applicant signed up for a Local Area Networks course with JHU starting 20 Jan 03 and ending 18 Dec 03, for which the government portion of the cost was $1,500. The applicant failed to provide a grade in a timely manner therefore, reimbursement action was initiated. The applicant signed up for the Network Programming and Cryptology courses with JHU starting 20 Jan 04 and ending 18 Dec 03, for which the government portion of the cost was $2,000. Again, the applicant failed to provide a grade in a timely manner therefore, reimbursement action was initiated. On 22 Apr 05, the applicant received a disability discharge with severance pay, and was credited with 3 years, 9 months, and 14 days of total active service. The Defense Finance and Accounting Service (DFAS) attempted to contact the applicant at his last known address at the time of his separation. Unfortunately, it appears he had moved. Recoupment of tuition assistance funds from the applicant was initiated on 1 Dec 09. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility which are included at Exhibit C and D. ________________________________________________________________ AIR FORCE EVALUATION: AF/A1DL indicates that while they cannot add any additional information or recommendation, the appropriate response was provided in the letters from Representative Sarbanes and Senator Mikulski, both of which indicate the reimbursement action was correct. The action taken was IAW AFI 26-2306, Voluntary Education, as the member acknowledged his responsibility regarding grades on each AF Form 1127, Tuition Assistance Request, by signing the following statement: “I agree that no changes will be made in the above course or dollar amount without the approval of the issuing education center staff, otherwise, I will pay the difference to the Air Force and/or the school. I understand that the Air Force will pay 100% of my tuition and fees up to $250 per semester hour and $166.66 per quarterly hour. I understand that my annual fiscal year CAP is $4,500. I agree to pay the remaining amount and any other costs and fees. IAW AFI 36-2306, I will reimburse the Total Government Cost above for non-completions, withdrawals, or unsatisfactory grades due to reasons within my control. I hereby voluntarily authorize the amount to be withdrawn from my pay if it is determined that my failure to complete the course was not due to circumstances beyond my control. I authorize the release of academic information (course grades, completion status) by the above institution to the Air Force (PL 93-568).” A complete copy of the AF/A1DL evaluation is at Exhibit C. AFPC/DPSIT recommends denial. A review of the applicant’s education records reveals that recoupment of education funds was indeed started on 1 Dec 09 after the member separated in 2005. At this time, the Air Force was transitioning into Air Force Automated Education Management System (AFAEMS) and paper records were given back to members, therefore, it would be hard to determine if an error or injustice occurred on the part of the member or on the part of the Air Force in not notifying the member in a timely manner. DFAS was the processing office responsible for the collection of debt. IAW DoDFMR, Volume 5, Chap 28, Paragraph 280808B2g: “The debtor’s failure to respond will result in processing the administrative offset.” DFAS made every attempt to contact the applicant prior to taking the money, but to no avail. Recommend the Air Force not reimburse the applicant. A complete copy of the AFPC/DPSIT evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Oct 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant has provided sufficient evidence to raise reasonable doubt as to whether or not he was given a fair opportunity to resolve his tuition assistance debt prior to his separation. While AF/A1DL indicates the applicant acknowledged his responsibility regarding submittal of grades, we note that rather than requiring the applicant to provide his final course grades himself, the statement he signed actually authorized the release of his academic information (course grades, completion status) to the Air Force by the academic institution. Moreover, we are not convinced the applicant met the criteria listed in the agreement which would have resulted in his having to reimburse the Government: non-completion, withdrawals, or unsatisfactory grades. In fact, the applicant successfully completed the required course work, but for whatever reason, it appears as though the academic institution failed to inform the Air Force accordingly. Further, the Air Force appears to have allowed the applicant to complete final out processing in conjunction with his disability discharge without highlighting or resolving the issue of his outstanding grades. Accordingly, we do not find it reasonable the applicant would have knowingly taken no action to resolve this situation prior to his discharge, when all he had to do was provide a copy of his transcripts reflecting his successful completion of the required course work. Therefore, in view of the above, we recommend his records be corrected as indicate below. 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 RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: 1. On 22 April 2005, he submitted passing grades for each of the three Johns Hopkins University courses taken between 3 September 2003 and 3 April 2004 with funding from the Air Force Tuition Assistance Program. 2. On 22 April 2005, he applied for remission of the debt arising from the funding he received from the Air Force Tuition Assistance Program for the three Johns Hopkins University courses taken between 3 September 2003 and 3 April 2004, and his request was approved by competent authority. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02552 in Executive Session on 7 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member ? All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-02552 was considered: Exhibit A. DD Form 149, dated 19 May 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AF/A1DL, dated 27 Sep 12. Exhibit D. Letter, AFPC/DPSIT, dated 1 Oct 12. Exhibit E. Letter, SAF/MRBR, dated 23 Oct 12. Panel Chair