RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01259
INDEX CODE: 128.00
COUNSEL: DONALD L. DALTON
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Order for recoupment of all funds expended on Armed Forces Health
Professions Scholarship Program (AFHPSP) be rescinded.
APPLICANT CONTENDS THAT:
Counsel states that the applicant planned on entering active duty in July
1997 as a family practice physician. He planned on serving his entire
active duty service commitment (ADSC) to repay his financial obligation to
the United States. He never sought to avoid active duty. He was prevented
from entering active duty by action of the Air Force.
He had a routine medical exam on 5 December 1996 and reported low to mid
back pain with surgical laminectomy L4-5 level and what appeared to be
carpal tunnel syndrome. In honestly reporting his medical condition, he
was not trying to get out of active duty.
Applicant was informed of the Disability Evaluation System (DES), and opted
against entering the system. He did not believe that he would ever be
found fit and saw no point in challenging the Surgeon General’s evaluation.
He requested a waiver of the repayment of indebtedness and explained that
he did not disagree with the SG’s evaluation, but did not believe it
prevented him from serving his active duty obligation. He acknowledged
that his medical condition prevented worldwide availability, but insisted
that there were other places to serve. He made it clear that if the Air
Force would not waive some or the entire financial obligation, he wished to
be permitted to serve his active duty commitment.
Applicant’s complete response is attached at Exhibit A.
STATEMENT OF FACTS:
Applicant was an Armed Forces Health Professions Scholarship Program
(AFHPSP) student from 20 August 1990 through 30 May 1994.
On 22 May 1992, applicant was appointed captain, Medical Service Corp
(MSC).
In 20 May 1994, applicant graduated from George Washington University
School of Medicine.
On 5 December 1996, applicant reported low to mid back pain with surgical
laminectomy La4-5 level, and possible carpal tunnel syndrome during a
medical exam.
On 4 April 1997, he was found medically disqualified for extended active
duty.
On 31 December 1997, he was notified of the Disability Evaluation System
(DES), that he was determined disqualified due to progressive and
symptomatic degenerative disc disease and bilateral carpal tunnel syndrome,
and he had been recommended for discharge.
On 20 January 1998, he submitted his election of options, and did not
choose to be entered into the DES; and chose to submit a Tender of
Resignation (TOR) and a letter requesting a waiver of the repayment of his
indebtedness.
On 1 May 1998, the Air Force Personnel Council directed the applicant be
honorably discharged and determined he was required to reimburse the United
States Government for the funds expended on his education. Indebtedness
incurred by applicant totaled $107,766.36.
He was discharged on 8 May 1998, under the provisions of AFI 36-3209,
paragraph 2.46.3, Separation Procedures for Air National Guard and Air
Force Reserve Members, and he received an honorable discharge.
AIR FORCE EVALUATION:
The Director of Personnel Program Management, HQ ARPC/DPP, reviewed this
application and states that the AFBCMR does not have the authority to waive
recoupment. The SAF is the final authority on waiving indebtedness of the
United States Government. The Board, however, can make a determination on
whether an error or injustice has occurred. By applicant signing the
contract, he understood the terms of the contract and the commitment he
entered with the United States Government regarding the recoupment issues.
Therefore, an error or injustice has not occurred. Therefore, they
recommend denial of applicant’s request.
A complete copy of the Air Force evaluation, with attachment, is attached
at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 September 1999, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within thirty days. As of this date,
no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
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 has been the victim of
either an error or injustice. It appears that the applicant chose to
submit his resignation rather than being evaluated under the Disability
Evaluation System (DES). Based on this decision, he incurred an
indebtedness for funds expended on his Armed Forces Health Professions
Scholarship Program (AFHPSP) education. The evidence before this Board
does not reveal that the applicant was miscounseled at the time he made his
decision to resign. Therefore, we find no basis upon which to recommend
favorable action on this application.
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 2 February 2000, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. E. David Hoard, Member
Mr. Lawrence R. Leehy, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Mar 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 27 Aug 99, w/atchs.
Exhibit D. Letter, SAF/MIBR, dated 17 Sep 99.
THOMAS S. MARKIEWICZ
Panel Chair
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