RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01023
INDEX CODE: 128.10
COUNSEL: None
HEARING DESIRED: Not Indicated
_________________________________________________________________
APPLICANT REQUESTS THAT:
His debt in the amount of $28,063.91 that he incurred as a result of his
participation in the Health Professions Scholarship Program (HPSP) be
remitted.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was involuntarily discharged from active duty due to a genetic diagnosis
of porphyria (depression). He fully intended to honor his 3-year
commitment and applied for a position as an Air Force doctor.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Reserve of the Air Force on 22
January 1988. He participated in the HPSP program from 1 July 1991 – 30
June 1994. In November 1993, during the Entry on Active Duty (EAD)
physical he was found medically disqualified for “History of Depression and
Organic Mood Disorder.” He was scheduled for EAD in July 1994. Applicant
was discharged on 18 November 1994.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Physician Education Branch, AFPC/DPAME, reviewed the applicant’s
request and recommends denial. DPMAE states that consistent with Title 10,
Section 2005, applicant signed his 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.” DPAME states that the applicant has been
aware of the debt since November 1994 and has not responded to the numerous
letters from DFAS regarding payment of the debt. His 2000 Federal Income
Tax return was involuntarily withheld and $6,714.35 was credited toward his
HPSP debt.
DPAME also states that the disputed amount for $28,063.91 is for tuition,
books and supplies only. The monthly stipend he received is not recoupable
by law. He is licensed to practice medicine in the state of Illinois and
therefore has the means to repay his debt as directed by the Secretary of
the Air Force. A complete copy of the advisory is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 25 May
2001 for review and response. As of this date, this office has received no
response (See Exhibit D).
Also, a copy of a SAF/MI decision in a similar case was forwarded to the
applicant for review and response. Applicant’s response to the SAF/MI
decision is at Exhibit E.
Applicant’s correspondence with Congressman Evans regarding his application
is 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, the Board is not persuaded that the applicant has been the victim
of an error or injustice. The applicant’s contract provided that he would
reimburse the Air Force if, because of physical disqualification, he was
unable to commence his period of active duty. We note that the applicant
is currently licensed to practice medicine in the state of Illinois and, in
the absence of evidence to the contrary, we presume he has the means to
repay his debt as directed by the Secretary of the Air Force. Therefore, 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. Accordingly, we find no compelling basis upon which to relieve
the applicant of his obligation to reimburse the government for its
expenditure of public funds.
_________________________________________________________________
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 16 August 2001, under the provisions of AFI 36-2603:
Mr. Jackson Hauslein, Panel Chair
Mr. Roscoe Hinton Jr., Member
Mr. Lawrence R. Leehy, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 March 2001 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter,AFPC/DPAME, dated 20 April 2001.
Exhibit D. Letter, SAF/MIBR, dated 25 May 2001.
Exhibit E. Letter, from applicant, dated 19 June 2001.
Exhibit F. Letter, from Congressman Evans, dated 20 June
2001.
JACKSON A. HAUSLEIN
Panel Chair
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