RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02963
            INDEX CODE:  128.10
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her debt in the amount of $34,108.53 that she incurred as a  result  of  her
participation in  the  Health  Professions  Scholarship  Program  (HPSP)  be
remitted.
_________________________________________________________________

APPLICANT CONTENDS THAT:

She was involuntarily discharged from  active  duty  due  to  a  psychiatric
diagnosis of bipolar disorder.  She is not licensed to practice due  to  her
disability  from  multiple  hospitalizations.   During  the  time  she   was
enrolled in the HPSP she attended a Texas University  as  a  Texas  Veteran,
therefore, the Air Force did not incur an expense for her tuition.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on  19
Nov 86.  Applicant participated in the HPSP program  from 9 Aug  91  through
28 May 96.  She was voluntarily ordered to extended active duty (EAD) on  29
May 96.  After being  diagnosed  with  a  psychiatric  illness,  a  Physical
Evaluation Board (PEB) recommended the applicant be  retired  from  the  Air
Force and her name was placed  on  the  Temporary  Disability  Retired  List
(TDRL).  Applicant was retired on 2 Feb 99.  On 23 Aug 00, applicant’s  name
was removed from the TDRL and she was discharged in the grade of captain  by
reason of physical disability with entitlement to disability severance pay.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Physician  Education  Branch,  AFPC/DPAME,  reviewed  applicant's
request and recommends denial.  DPAME states that consistent with Title  10,
Section 2005, applicant signed her HPSP  contract  which  states  "Should  I
become unable to commence the  period  of  Active  Duty  Service  Commitment
(ADSC) specified in this contract or become unable to  complete  my  medical
education program, I agree to reimburse the United States in  one  lump  sum
for the total cost of advanced education paid  by  the  U.S.  Government  as
specified  in  10  U.S.C.  2005.”   Applicant  states  her  total  debt   is
$34,108.53, however, her actual debt is $25,875.00.  She  states  there  was
no tuition paid to Texas A&M due to her Texas Veteran  status.   An  expense
summary indicates $30,685.00 was paid to Texas A&M for tuition (see  Exhibit
C).

The Superintendent, Medical Accessions and Personnel Programs,  AFPC/DPMAF2,
reviewed applicant's request and recommends denial.  DPMAF2  reiterated  her
HPSP  contract  reimbursement  clause  and   states   that   the   applicant
acknowledged her HPSP and Financial Assistance Contract on 19  Feb  91  (see
Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  29
Dec 00 for review and response within  30  days.   As  of  this  date,  this
office has received no response.

Examiners Note:  A copy of the Assistant Secretary’s decision on  a  similar
case was forwarded to the applicant  with  the  opportunity  to  review  and
provide an additional response within  30  days.   As  of  this  date,  this
office has received no response.

_________________________________________________________________

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  that  would  persuade  us  that  remission  of
applicant’s indebtedness is warranted.  We took notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling reason upon which to relieve the applicant of her  obligation  to
reimburse the government for its expenditure of funds.

4.   Notwithstanding  the  above,  sufficient  relevant  evidence  has  been
presented to demonstrate the existence of probable  injustice  with  regards
to the recoupment efforts.  We are not unsympathetic nor  unmindful  towards
the applicant’s current medical situation and we believe  that  deferral  of
her  obligation  to  repay  the  debt  would  be  appropriate.   Given   the
circumstances surrounding the  applicant’s  current  inability  to  practice
medicine and inhibited ability to earn a living, we believe  that  it  would
be exceedingly harsh application of the rules  applying  to  recoupment  for
the Air Force to burden her with such debt at this  time.   Accordingly,  we
recommend her 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 competent authority deferred until  1
January 2003, the requirement that she reimburse the U.S.  Government  funds
expended on her  behalf  as  a  result  of  her  enrollment  in  the  Health
Professions Scholarship Program (HPSP).
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 7 Mar 01, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Philip Sheuerman, Member
      Mr. E. David Hoard, Member

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

     Exhibit A.  DD Form 149, dated 24 Oct 00.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPMAF2, dated 12 Dec 00, w/Atchs.
     Exhibit D.  Letters, SAF/MIBR and AFBCMR, dated 29 Dec 00
                 and 25 Jan 01, respectively.
     Exhibit E.  SAF/MI Memorandum, dated 12 Oct 00.




                                  RICHARD A. PETERSON
                                  Panel Chair

AFBCMR 00-002963




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 upon her discharge
from the Air Force on 23 August 2000, no debt was established to reimburse
the United States for funds expended on her education under the Armed
Forces Health Professions Scholarship Program (AFHPSP).









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency