RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00802
            INDEX CODE:  113.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

The debt of $5,133.31 incurred as a result  of  his  separation  on  1 March
1999 for an  Active  Duty  Service  Commitment  (ADSC)  of  31 May  1999  be
remitted.


APPLICANT CONTENDS THAT:

While he understands the  ADSC  commitment  he  incurred  as  an  Air  Force
Academy graduate, he separated from active  duty  to  enter  the  Air  Force
Reserve.

The applicant states that he has been on  active  duty  status  in  the  Air
Force Reserve since 8 March 1999, and  will  remain  on  active  duty  until
28 April 2000.  As such, he believes he is still fulfilling  his  commitment
to the active duty Air Force.  When he separated from active  duty,  he  had
38 days of leave that were withheld from his pay which  amounts  to  $3,100.
When he submitted his separation paperwork, he apparently did  not  make  it
clear that he would be  on  active  duty  status  while  in  the  Air  Force
Reserve.  Upon receiving notice that his separation  request  was  approved,
he was advised that he was required to serve an indefinite term  appointment
in the Air Force Reserves. He did not know if the Air Force expected him  to
monetarily pay for his remaining ADSC or if he was required to  fulfill  his
obligation through the Air Force Reserves.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

On 1 June 1994, the applicant graduated  from  the  Air  Force  Academy  and
incurred an ADSC of 31 May 1999.

On 25 January 1999,  the  Secretary  of  the  Air  Force  Personnel  Council
(SAFPC) approved applicant’s 9 December 1998 request to curtail his date  of
separation to 1 March 1999.  The SAFPC noted the  approval  did  not  excuse
any indebtedness to the government.

The applicant resigned his Regular Air Force commission  and  was  honorably
discharged and transferred to the Air Force Reserve under the provisions  of
AFI 36-3207 (Miscellaneous/General Reasons) on 1 March 1999.

On 8 March 1999, the applicant was ordered to active duty  and  assigned  to
McConnell AFB with a release date of 26 April 2000.


AIR FORCE EVALUATION:

The Chief, Claims Branch, DFAS-DE/FYCC, reviewed the application and  states
they contacted the Waivers and Remission Branch and were  advised  that  had
they received the applicant’s  remission  request  while  he  was  still  on
active duty, they would have recommended  the  debt  be  collected  in  full
based on the criteria  provided  in  Public  Law  92-453.   Therefore,  they
recommend the application be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that  nearly  100
academy graduates from the class of  1994  were  allowed  to  separate  from
active duty almost a full year sooner  than  their  ADSC  of  31  May  1999.
These individuals were not required to pay back the debt.  However,  in  his
situation, he is asking for  90-days  out  of  his  initial  ADSC  to  enter
Undergraduate Pilot Training (UPT) as a reservist, and is  required  to  pay
$5,133.31.

The applicant’s complete response is attached at Exhibit G.


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.    After   reviewing   the
circumstances surrounding applicant's resignation of his Regular  Air  Force
commission, we are persuaded that the indebtedness incurred as a  result  of
his separation from active duty should be waived.  In this respect, we  note
that applicant was transferred to the Air Force Reserve; that  at  the  time
of his transfer he lost 38 days of leave; that  he  continues  to  serve  on
active duty as a Reserve officer; and, that his decision to  resign  was  to
obtain a pilot training slot, which, in our opinion, will  benefit  the  Air
Force.  In view of the above  findings  and  since  applicant  continues  to
serve on active duty past his original active duty service  commitment  date
of 31 May 1999, we believe that he should be relieved  of  the  indebtedness
in question.  Therefore, we  recommend  his  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 at the time of  his  discharge  from
the Air Force Academy, the Secretary of the Air Force found that  under  the
particular circumstances of his case,  his  resignation  was  not  voluntary
within the meaning of Title 10, United States Code, Section 2005,  and  that
accordingly, no debt was established to reimburse the United States for  the
cost of his education at the Air Force Academy.

The following members of the Board considered this application in  Executive
Session on 9 December 1999, under the provisions of AFI 36-2603:

                  Mr. Vaughn E. Schlunz, Panel Chair
                  Mr. Gregory H. Petkoff, Member
              Dr. Gerald B. Kauvar, Member

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

   Exhibit A.  DD Form 149, dated 17 Mar 99.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, DFAS-DE/FYCC, dated 10 May 99.
   Exhibit D.  Letter, AFBCMR, dated 26 Jul 99.
   Exhibit E.  Applicant’s Ltr, dated 24 Aug 99.
   Exhibit F.  Letter, AFBCMR, dated 25 Aug 99.
   Exhibit G.  Applicant's Response, dated 19 Sep 99.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

AFBCMR 99-00802
INDEX CODE:  113.04



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 at the time of his
discharge from the Air Force Academy, the Secretary of the Air Force found
that under the particular circumstances of his case, his resignation was
not voluntary within the meaning of Title 10, United States Code, Section
2005, and that accordingly, no debt was established to reimburse the United
States for the cost of his education at the Air Force Academy.






            JOE G. LINEBERGER
            Director

            Air Force Review Boards Agency