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).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was never notified regarding any repayment for the cost of his
education.
He was verbally told that he would not have to repay any of his
scholarship funds.
He does not believe he owes anything and he would never default on a
loan if he knew payment was expected.
In support of his appeal, the applicant provided an expanded statement
and other documents associated with the matter under review.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the
letter prepared by the Defense Finance and Accounting Service (DFAS).
Accordingly, there is no need to recite these facts in this Record of
Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Associate Dean & Chief, Health Care Education Civilian Institution
Programs, AFIT/CIM, reviewed this application and indicated that they
concur with the direction of the Secretary of the Air Force to recoup
funds expended on the applicant’s behalf.
A complete copy of the AFIT/CIM evaluation is at Exhibit B.
The Claims Branch, DFAS-POCC/DE, reviewed this application and
indicated that a review of the applicant’s military pay record shows
he has a $32,808.90 debt due to recoupment of Stipend and Tuition
Benefits he received as a participant in the AFHPSP. The account was
transferred from the Air Force to DFAS on 3 Mar 98 and the member was
notified on 5 Mar 98 of the debt proceedings. According to DFAS-
POCC/DE, $723.35 was collected towards the debt for a current balance
of $32,085.55.
DFAS-POCC/DE noted that the applicant was medically disqualified for
continuation in the AFHPSP effective 31 Jul 92. Paragraph 6b of the
contract signed by the applicant stated that he agreed to reimburse
the United States for the total cost of advanced education paid by the
government if he became unable to fulfill his commitment because of
physical disqualification.
DFAS-POCC/DE did not provide a recommendation but indicated that any
action taken by their office would be in accordance with the Board’s
decision.
A complete copy of the DFAS-POCC/DE evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant on 27
Apr 01 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
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. A majority of the Board
notes that the applicant was a participant in the AFHPSP pursuing a
degree in medicine but was medically disqualified for continuation in
the AFHPSP after being diagnosed with Tourette Syndrome. The majority
further notes that he had signed a contract agreeing to reimburse the
government for the cost of his medical education in the event he was
unable to fulfill his commitment because of physical disqualification.
While the majority finds the applicant’s situation unfortunate and
was due to no fault of his own, in the majority’s opinion, the
language of the contract was clear and unambiguous. The applicant has
gained an education at Air Force expense without providing the Air
Force a return on its investment as stipulated in the contract.
Furthermore, it does not appear that the applicant’s medical condition
has precluded him from practicing medicine as a civilian. In view of
the foregoing, a majority of the Board finds no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 26 Jun 01, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Laurence M. Groner, Member
Mr. Clarence D. Long III, Member
By a majority vote, the Board voted to deny the request. Mr. Long
voted to grant the request and submitted a minority report which is
attached at Exhibit E. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 25 Oct 00, w/atchs.
Exhibit B. Letter, AFIT/CIM, dated 26 Dec 00.
Exhibit C. Letter, DFAS-POCC/DE, dated 6 Apr 01.
Exhibit D. Letter, SAF/MIBR, dated 27 Apr 01.
Exhibit E. Minority report.
RICHARD A. PETERSON
Panel Chair
AFBCMR 00-02931
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards
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