RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-00452
                 INDEX CODE 128.10  113.01
                 COUNSEL:  None

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

His indebtedness (over $14,000) to the Air Force be waived.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He should not be held responsible for the stipend debt. After  careful
consideration of whether the  risks  balanced  the  benefits,  he  had
agreed to certain requirements in  return  for  certain  benefits.  He
later learned that he had been miscounseled regarding  the  Air  Force
Ready Reserve  Stipend  Program  (AFRRSP)  and  the  Loan  Replacement
Program (LRP) by the Reserve medical recruiter who worked the original
appointment application.  Also, the Medical Indoctrination for Medical
Service Officer (MIMSO) course, which requires time off from work, was
extended from two weeks to a little over 30 days. He  would  not  have
made the decision to undertake all  the  requirements,  and  join  the
Reserves, if the terms had been presented as they  were  subsequently.
He believed he had no other course of action  when  he  submitted  his
resignation from the Air Force Reserves (USAFR). He should  have  been
counseled that inactive status upon  graduation  from  his  anesthesia
program may have  been  an  option  and  a  fair  way  to  bypass  the
inaccuracies in the terms of his obligations.

A copy of applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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.  Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________

OFFICE OF PRIMARY RESPONSIBILITY EVALUATIONS:

The Director, Health Services Individual Reserve Programs, HQ ARPC/SG,
reviewed this appeal and indicates  that,  while  it  is  possible  to
participate  in  more  than  one  incentive  program,  the  associated
obligations are consecutive, not concurrent.  Consequently, the AFRRSP
obligation would have to be deferred until participation  in  the  LRP
was completed.  Also,  the  change  [in  the  military  indoctrination
program] could not have been predicted  at  the  time  of  applicant’s
initial appointment.  Some AFRRSP participants were required to  serve
their obligation in a non-paid Selected Reserve  position  (Individual
Mobilization Augmentee (IMA) or Unit Programs) or the  Inactive  Ready
Reserves (IRR). However, they remain mobilization assets and have  not
indicated, as the applicant did, a desire to withdraw from the program
and resign from the USAFR. Denial is recommended as all actions  taken
were those requested by the applicant.

A copy of the complete Air Force evaluation, with attachments,  is  at
Exhibit C.

The Chief, Claims Branch, DFAS-DE/FYCC, advises  that,  with  interest
and penalties, applicant’s original indebtedness of $14,637.02 amounts
to $14,844.52.

A copy of the complete DFAS evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF THE EVALUATIONS:

Applicant reviewed the evaluations and contends that he was never told
that if no position was available, he may be  obligated  to  the  Unit
program. He doesn’t know what this is or what this means. He is  again
surprised to continually discover information about what he was or was
not supposed to know or do in this program. He did not want  something
for nothing; he only wanted to be handled appropriately and fairly.

Applicant’s complete response is at Exhibit F.
_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATIONS:

The Staff Judge Advocate (SJA), HQ ARPC/JA, reviewed  the  appeal  and
advises that the applicant was  assessed  recoupment  because  of  his
resignation. His  classmates,  due  to  the  unavailability  of  nurse
anesthetist slots, were placed in non-participating  status  and  were
also relieved of their obligation to repay the  stipend  in  question.
The applicant’s assertions of “mishandling” and misinformation  appear
to be  largely  substantiated  by  ARPC/SG’s  advisory.   The  stipend
program is established  by  Title  38,  USC,  Section  7651.  However,
although the program itself is established  by  statute,  the  SJA  is
unable to find  any  authority  forbidding  the  AFBCMR  from  waiving
indebtedness stemming from  a  stipend  if  the  Board  finds  he  has
provided sufficient evidence of probable material error or injustice.

A copy of the complete evaluation, with attachments, is at Exhibit G.

The Acting Director, Health Services, HQ  ARPC/SG,  further  evaluated
the  case  and  indicates  that,  during  the  course  of  his  AFRRSP
participation, the MIMSO course was changed to Commissioned  Officer’s
Training, requiring a longer period of time.  As this was directed  by
higher  command,  SG  could  not  predict  this  change  and  had   no
alternative but to comply. The acknowledged miscounselings took  place
between the applicant and his AF Health Professions Recruiter, so  the
author is unable to expound on the possible  interpretation.  However,
it  appears  he  was  incorrectly  led  to  believe   the   associated
obligations for LRP and  AFRRSP  could  be  repaid  concurrently  vice
consecutively. It further appears he was mislead  to  believe  he  was
guaranteed IMA status, which was also incorrect. The  Acting  Director
provides a copy of applicant’s original contract. The applicant  self-
eliminated from the AFRRSP, opting to repay  all  funds  received  and
subsequently tendering his resignation. He now appears aware of  other
members who were transferred into the IRR upon graduation  from  their
respective programs because of manning overstrengths, which existed at
the time. Although these members are in  a  non-participating  status,
they remain mobilization assets and are subject to  serve  should  the
need arise. The applicant was offered this option  but  elected  self-
elimination.

A copy of the complete evaluation, with attachments, is at Exhibit H.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATIONS:

The applicant reviewed the evaluations and counters  that  his  “self-
elimination” with subsequent resignation happened because he  believed
there was no other option. As the SJA has commented in  the  advisory,
he believed  that  both  ARPC  and  himself  considered  his  concerns
substantiated.  The only options presented to him were: 1) accept  the
misinformation he originally was  given  and  fulfill  the  obligation
under new and difficult terms, or 2) separate from the program. At  no
time during this entire ordeal was  he  ever  offered  the  option  of
transferring into the IRR or any program like it.  Unfortunately, ARPC
was unable to offer suggestions except to serve in the  program  under
the new terms. His first exposure to this option was after he had been
discharged and an Air Force recruiter contacted him about transferring
to the IRR due to a lack of IMA anesthetists positions  available.  He
objects to ARPC suggesting that he refused  an  offer  that  may  have
helped remedy his situation.  The program Fact Sheets are  dated  June
1998 and obviously not available to him at the time of his recruitment
or participation. He encloses all the information given to him related
to the program incentives. He contends that none of the  outlines  are
very specific, but the new  Fact  Sheet  ARPC  provides  does  contain
information related to consecutive, versus concurrent repayment.

Applicant’s complete response, with attachments, is at Exhibit J.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of  probable  error  or  injustice  to  warrant  partial
relief. The applicant has  requested  that  repayment  of  the  AFRRSP
stipend be waived. Apparently some of the late  1996  and  early  1997
AFRRSP classmates misunderstood the associated obligations for LRP and
AFRRSP. In  addition,  there  were  changes  in  the  initial  officer
training program and available  slots  were  reduced  due  to  manning
overstrengths. As a result, some individuals transferred into the  IRR
upon  graduation  from  their  respective  programs.  Although   these
individuals  are  in   a   non-participating   status,   they   remain
mobilization assets and are subject to serve should  the  need  arise.
The applicant contends he was  never  made  aware  of  the  option  of
transferring to the IRR.  Given the confusion  that  appears  to  have
existed during this time, we believe he either may not have been told,
or failed to understand, what his options were. We do not believe  the
applicant should be freed from all  indebtedness  to  the  Government;
however, given his particular circumstances, we are persuaded that  he
be should be afforded the same means  of  serving  his  obligation  as
other AFRRSP participants. Therefore,  we  recommend  his  records  be
corrected to reflect that, instead of resigning from the Reserves,  he
was transferred to the IRR.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  On 14 August 1997, competent authority approved his  request
to transfer to the Inactive Ready Reserves (IRR) for  the  purpose  of
serving  his  Air  Force  Ready  Reserve  Stipend   Program   (AFRRSP)
obligation.

      b.  He was  not  discharged  from  the  Air  Force  Reserves  on
2 September 1997, but on that date he transferred to the IRR.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 April 1999, under the  provisions  of  AFI  36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Dr. Gerald B. Kauvar, Member
                  Mr. Patrick R. Wheeler, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Feb 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/SG, dated 9 Apr 98, w/atchs.
   Exhibit D.  Letter, DFAS-DE/FYCC, dated 13 May 98.
   Exhibit E.  Letter, AFBCMR, dated 15 Jun 98.
   Exhibit F.  Letter, Applicant, dated 26 Jun 98.
   Exhibit G.  Letter, HQ ARPC/JA, dated 21 Jan 99, w/atchs.
   Exhibit H.  Letter, HQ ARPC/SG, dated 27 Jan 99, w/atchs.
   Exhibit I.  Letter, AFBCMR, dated 15 Feb 99.
   Exhibit J.  Letter, Applicant, dated 19 Feb 99, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair




AFBCMR 98-00452




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that:

           a.  On 14 August 1997, competent authority approved his
request to transfer to the Inactive Ready Reserves (IRR) for the
purpose of serving his Air Force Ready Reserve Stipend Program
(AFRRSP) obligation.

           b.  He was not discharged from the Air Force Reserves on
2 September 1997, but on that date he transferred to the IRR.




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency