RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-02548
                 INDEX CODE:  113.04  110.00
                 COUNSEL:

                 HEARING DESIRED: Yes
_________________________________________________________________

APPLICANT REQUESTS THAT:

His resignation be accepted, he be honorably discharged  and  forgiven
all military service and other contractual obligations.

Or, in the alternative:

The foregoing be  conditioned  upon  his  repayment,  with  reasonable
terms, of the government’s reasonable costs of his education.
_________________________________________________________________

APPLICANT CONTENDS THAT:

In  studying  the  Fiscal  Year  1995  (FY95)  Armed   Forces   Health
Professions Scholarship and Financial Assistance (AFHPS/FAP) Contract,
he found only a brief and unclear description of how participation  in
the scholarship program  would  influence  his  ability  to  choose  a
specialty and career type  [radiation  oncology]  upon  completion  of
medical school (Section 8, Para. a, second  sentence:  “I  will  enter
graduate professional education, as selected and directed by  the  Air
Force, immediately following graduation from medical  school.”)    The
recruiter,  who  was  in  his  first  year  as  a  Health  Professions
Scholarships Program (HPSP) recruiter, was unable  to  answer  whether
[the applicant] would have a free  selection  of  a  specialty  option
without influence  by  the  Air  Force.   The  recruiter’s  supervisor
asserted that he  would  be  able  to  pursue  his  career  of  choice
regardless of the specific needs of the  Air  Force.  He  trusted  the
recruiters’ explanations of the  program  and  contract  verbiage  was
truthful and accurate and it was upon their explanation and word  that
he based his decision to enter the scholarship program. He later found
out that what he was told was grossly inaccurate.  He has  since  been
trying, unsuccessfully, to free himself  from  a  program  whose  most
important aspects were misrepresented and erroneously explained by the
Air Force.

In support, he  provides  letters  to  and  from  Senators,  his  FY95
Contract, and an affidavit  from  the  recruiter  affirming  that  the
applicant had been miscounseled by him and his supervisor and the only
reason the applicant joined the Air Force was because he was  told  he
could choose his residency.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant apparently was a senior  at  Brown  University  when  he
became interested in the HPSP. He signed the FY95 AFHQPS/FAP  contract
on 29  September  1995.  He  was  commissioned  as  a  Reserve  second
lieutenant  (2nd),  attending  the  Oregon   Health   Science   Center
University, Portland OR.

According to a letter from AFIT/CIMJ to HQ ARPC/SGX (dated 18 Dec 96 -
See  below),  the  applicant’s  verbal  request   for   self-initiated
elimination (SIE) was denied on 30 September 1996 by CIMJ because  his
request did not meet the criteria  for  withdrawal  (personal  reasons
rather than humanitarian or extreme hardship).

Sometime in December 1996, he  submitted  his  Tender  of  Resignation
(TOR), citing the reasons given in this  appeal,  i.e.,  had  he  been
given accurate information originally, he would not have  entered  the
very type of program he asserts he was so careful to  avoid.  He  also
complained of the active duty  service  commitment  regarding  medical
school and residency, explaining that he  was  not  given  the  “whole
story.”

On  18  December  1996,  the  Chief,  Health  Professions  Scholarship
Program, AFIT/CIMJ, reviewed the TOR and recommended it be disapproved
because the contract was  binding,  there  were  no  guarantees  about
residency in the contract, and the applicant’s request  did  not  have
any legal merit. The Chief cited the following sentence from page 7 of
the FY95 Contract: “I understand that  this  is  the  entire  contract
between myself and the United States Air Force and that there  are  no
oral or other agreements, understandings, or representations affecting
the contract or relating to my military service, except  as  otherwise
specifically provided herein and within the Statement of Understanding
attached.” The Chief added that the contract is  for  the  scholarship
only; its intent is to provide medical education and is a separate and
distinct program from the Graduate Medical Education  Selection  Board
(GMESMB) process which  has  purview  over  the  Air  Force  Residency
program [see paras. 8 a-d of FY95 Contract].

On  18  December   1996,   applicant’s   scholarship   benefits   were
discontinued based on his request to resign. Benefits would be resumed
if the TOR was disapproved.  As of  that  date,  expenditures  totaled
$16,881.07 for tuition, books and supplies.

On  24  January  1997,  the  Chief,  Physician  Education  Branch,  HQ
AFPC/DPAME advised HQ ARPC/DPAD that they concurred with the AFIT/CIMJ
recommendation to disapprove the TOR.

On 30 May 1997, the Secretary of the Air Force (SAF),  acting  through
the Personnel Council (SAF/PC)  declined  to  accept  applicant’s  TOR
because his resignation was not considered in the  best  interests  of
the Air Force. The applicant was advised of this decision on  10  June
1997 and, as a result of the SAF’s decision,  remained  in  the  HPSP.
His benefits were restarted retroactive to 18 December 1996.

The applicant again submitted his  TOR,  which  was  again  denied  by
SAF/PC  on  14  August  1997.   SAF/PC  indicated  that  even  if  his
recruiters had misinformed him, he signed a contract which did clarify
the fact that his specialty training depended upon the  needs  of  the
Air Force.

The AFBCMR staff was informally advised  by  the  Physician  Education
Branch at HQ AFPC/DPAME that, as of March 1999, approximately  $66,800
had been expended on the applicant’s medical education costs and  that
he graduated from medical school in May 1999. His active duty  service
has been deferred  from  1 July  1999  until  30  June  2002  when  he
completes his Emergency Medicine  training  at  a  civilian  facility.
Should the applicant be allowed to resign and his active duty  service
commitment be waived, AFIT/RPB would begin the process to  recoup  his
medical debt.  Both AFIT/RPB and the Debt  Collection  Office  at  the
Defense  Finance  and  Accounting  Service  offer  payment  plans  for
indebted former members.
_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Physician Education Branch, HQ AFPC/DPAME, advised that the
Integrated Forecast Board (IFB) convenes annually in May to  determine
Air Force requirements for all medical specialties. These requirements
are determined based on the number of physicians currently  on  active
duty, those scheduled to separate, and a training output according  to
each residency program is approved. All applicants receive the results
of the IFB in their Graduate Medical Education (GME)  application  and
are encouraged to apply for those positions approved by the IFB.   The
applicant applied  and  was  selected  for  Emergency  Medicine  in  a
deferred training status.  Selection  for  GME  is  very  competitive;
however, the applicant was  approved  to  enter  his  first  specialty
choice as well as his first training location choice.   The  Chief  is
unclear regarding the applicant’s request to the Board due to the fact
that he received his specialty choice of Emergency  Medicine  civilian
deferred from 1 July 1999 to 30 June 2002. All  Scholarship  recipient
contracts state that training beyond the first post  graduate  is  not
guaranteed and that  specialties  are  approved  based  on  Air  Force
requirements. The  applicant  admits  he  read  and  signed  his  HPSP
contract regarding this matter.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel responded, reiterated his previous arguments and summarized it
is undisputed that the applicant was misled and  induced  to  contract
with the  Air  Force  based  on  representations  made  by  Air  Force
Recruiters that he would be allowed his choice of residency  specialty
training. The applicant’s  first  choice  of  residency  training  has
always been radiation oncology. It is also  undisputed  that  the  Air
Force has refused and continues to refuse  to  provide  the  applicant
with his choice of specialty training. Counsel requests that the Board
accept the applicant’s  resignation, grant him an honorable  discharge
and  forgive  his  military  service   and   all   other   contractual
obligations.  If, however, the Board decides that justice requires the
applicant  reimburse  the  government  for  the  reasonable  costs  it
incurred for his formal medical education, then he should  be  allowed
to make reimbursement in monthly installments  over  15  years  at  7%
interest and the payment be deferred and the interest not accrue while
he is attending school at least half  time  or  during  his  residency
training.

Counsel’s complete rebuttal, with attachments, is at Exhibit E.
_________________________________________________________________

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. We note the pertinent contract indicates in paragraph 8a  that
a member would enter specialty training “as selected and  directed  by
the Air Force.” The applicant admits he read and signed his  contract.
However, the former HPSP recruiter’s affidavit raises the  possibility
that the  applicant  was  confused  by  his  recruiter  and  may  have
misunderstood what he read and signed. Based on this possibility,  and
given the applicant’s obvious unhappiness in not being able to  pursue
his desired specialty of radiation oncology, we believe he  should  be
allowed to resign. However, the Air Force has expended a  considerable
sum in his medical training and waiving this expense would not  be  in
the best interests of the Air Force.  Thus, for the sake of justice we
believe any doubt with regard to the applicant’s interpretation of the
contract should be resolved in his favor and he be allowed to  resign,
but the Air Force should not be compelled to forfeit  monies  expended
on the applicant, to his benefit, when as an entity it  paid  for  his
education in good  faith.  Therefore,  we  recommend  the  applicant’s
records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT,  be  corrected  to  show  that  his  tender  of
resignation and request for waiver of any incurred active duty service
commitment were accepted and approved by competent authority; that  he
was honorably discharged at the earliest practicable date but no later
than 29 September 1999; and that at the time of  his  separation  from
all appointments a debt and payment plan was established to  reimburse
the United States for the cost of his education under  the  provisions
of the Armed  Forces  Health  Professions  Scholarship  and  Financial
Assistance Program.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 August 1999, under the provisions of  AFI  36-
2603:
                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Mike Novel, Member
                  Mr. Philip Sheuerman, Member

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

   Exhibit A.  DD Form 149, dated 14 Aug 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAME, dated 29 Dec 98, w/atch.
   Exhibit D.  Letter, AFBCMR, dated 18 Jan 99.
   Exhibit E.  Letter, Counsel, dated 17 May 99, w/atchs.



                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR 98-02548




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             , be corrected to show that his tender
of resignation and request for waiver of any incurred active duty
service commitment were accepted and approved by competent authority;
that he was honorably discharged at the earliest practicable date but
no later than 29 September 1999; and that at the time of his
separation from all appointments a debt and payment plan was
established to reimburse the United States for the cost of his
education under the provisions of the Armed Forces Health Professions
Scholarship and Financial Assistance Program.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency