RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01908
INDEX CODE: 128.10
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
The debt he incurred as a result of his medical disqualification from
the Health Professions Scholarship Program (HPSP), in the amount of
$70,907.05 be cancelled.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was medically discharged from the USAF under no fault nor did he
deceive the military. He should not be responsible for paying back
this debt. He served with the Air Force honorably, graduating high
from OCS. At no time did he fail the USAF.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was medically disqualified from the HPSP by the AETC/SG on
14 March 1996, with a diagnosis of major depression. The SG stated
that applicant’s depression appears to predate his 12 December
1991 Accession Physical examination.
_________________________________________________________________
AIR FORCE EVALUATION:
The Associate Dean, Health Care Education, AFIT/CIM, reviewed the
application and states that applicant was medically disqualified from
the Health Professions Scholarship Program (HPSP) by the AETC/SG on 14
March 1996, with a diagnosis of major depression. The SG stated that
applicant’s depression appears to predate his 12 December 1991
Accession Physical examination. Applicant went on to receive
$70,907.95 worth of educational benefits.
The 1992 version of the HPSP contract applicant signed, included the
following paragraph: “If I am dropped from any professional school
for deficiency in studies or conduct; or if, for other reasons, I must
repeat an academic period or discontinue my professional education; or
if I refuse to comply with or fail to meet the applicable standards of
the United States Air Force (including physical fitness), or if I
otherwise fail to complete my obligation(s) under this agreement,
then…the Air force may, at its option, separate me an recoup the total
cost of advanced education in lieu of calling me to active duty.”
(Paragraph 10, 10c). They state the applicant rightfully owes the
funds spent on him for educational expenses by virtue of this
contract.
AFIT hereby recommends recoupment of any and all funds expended on
applicant.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and states that it is not
true that his depression predated his Accession Physical exam on 12
December 1991. He states, at no time prior to this date had he been
diagnosed with depression.
He states that he was not diagnosed with depression until his last
year of medical school and this was reported to the USAF at his
Recommissioning Physical.
He further states that if the decision is that the funds expended for
his education are to be recouped, he is willing to do that. He just
asks that his account remains with DFAS and not be sent to the
Department of Treasury-FMS for collection.
Applicant's complete response is attached at Exhibit E.
On 25 October 2000, the Board forwarded to the applicant, for review
and comments within 30 days, a redacted copy of a recent decision made
by the Assistant Secretary on a similar case.
A copy of AFBCMR letter, with attachment, is attached at Exhibit F.
_________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After reviewing the
evidence of record, we are not persuaded that the applicant’s records
are in error or that he has been the victim of an injustice. His
contentions are noted; however, in our opinion, the detailed comments
provided by the appropriate Air Force office adequately address those
allegations. Therefore, we agree with opinions and recommendations of
the Air Force and adopt their rationale as the basis for the
conclusion that the applicant has not been the victim of an error or
injustice. In the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
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 issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that 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 this application in
Executive Session on 14 December 2000, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Joseph A. Roj, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jul 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFIT/CIM, dated 17 Aug 00, w/atchs.
Exhibit D. Letter, AFBCMR, dated 1 Sep 00.
Exhibit E. Applicant’s Response, dated 10 Sep 00.
Exhibit F. Letter, AFBCMR, dated 25 Oct 00, w/atch.
THOMAS S. MARKIEWICZ
Panel Chair
While there is no disputing the fact that the applicant did accrue a debt to the government for his education, the Board majority noted that his wife suffers from recurrent major clinical depression, he has two children, over $100,000 in debts, and he has been supporting his family on a reduced income. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be...
This reviewer concludes that favorable consideration of this request should not be granted and is therefore of the opinion that no change in the records is warranted and the application should be denied. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. The majority of the Board voted to deny the requested relief because he knew...
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Physician Education Branch, HQ AFPC/DPAME, reviewed this application and states that applicant signed her Health Professions Scholarship Program Contract (HPSP), thereby agreeing to the terms of the contract. Thus, by reports or physical examination required by the service, with results known to the service, the service in 1987 and again in 1989 knew of applicant’s endometriosis and further...
The applicant’s responses and the state senator’s letter are provided at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ USAF/JAG notes the applicant is correct that [paragraph 11] of his contract did not obligate him to repay the costs of his education. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...
AF | BCMR | CY2004 | BC-2003-04303
The initial action, taken by the Air Force, in disqualifying her from the scholarship program required her to drop out of medical school and resign her commission. On 19 November 1999, the applicant’s 30 August 1999 resignation was accepted by the Secretary of the Air Force Personnel Council (SAFPC). It was only after she informed the Air Force of her decision to drop out of medical school that she was told she could not be discharged for depression and that the information and guidance...
AF | BCMR | CY2002 | BC-2002-03145
On 13 Jan 00, HQ ARPC/SGP advised the applicant that review of her physical exam was completed and entries identified a history of migraine headaches that could be disqualifying for military service. The applicant was selected for entry into active duty for an evaluation of this diagnosis to determine if a medically disqualifying condition existed. The transmittal letter also asked the applicant to provide the Board with a copy of her signed HPSP contract.
AF | BCMR | CY2003 | BC-2002-03145
On 13 Jan 00, HQ ARPC/SGP advised the applicant that review of her physical exam was completed and entries identified a history of migraine headaches that could be disqualifying for military service. The applicant was selected for entry into active duty for an evaluation of this diagnosis to determine if a medically disqualifying condition existed. The transmittal letter also asked the applicant to provide the Board with a copy of her signed HPSP contract.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02931 INDEX CODE: 128.10 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be granted relief from having to reimburse the government for the cost of his education incurred under the Armed Forces Health Professions Scholarship Program (AFHPSP). The account was transferred from the Air Force to DFAS on 3 Mar...
On 11 Jan 95, the applicant’s case file was forwarded to the Secretary of the Air Force Personnel Council (SAFPC) with a recommendation that the Secretary of the Air Force (SECAF) direct recoupment in the amount of $27, 401.42 expended on the applicant’s education. On 17 Jan 95, a letter submitted by the applicant dated 7 Jan 95 was forwarded to SAFPC for consideration along with her case file. Exhibit D. Memorandum, BCMR Medical Consultant, dated 8 Jan 01.
AF | BCMR | CY2004 | BC-2002-03351
Whether the applicant’s symptoms in the months prior to entering active duty were of such character or severity that would have warranted reporting by the applicant cannot be clearly determined from the available evidence, but evidence does suggest that onset of clinically significant symptoms occurred following entry onto active duty. Upon this review, the Board will find that absolutely no evidence of any mental health conditions existed prior to signing the AFHPSP contact on August 29,...