RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03928
            INDEX CODE:  104.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO



_________________________________________________________________

APPLICANT REQUESTS THAT:

His debt for the cost of his United States Air Force  Academy  (USAFA)
education be waived.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The debt should be eliminated due to an injustice of not allowing  him
to resign prior to completing the third year.  He could not submit his
resignation request until after he was  released  from  Administrative
Hold.  He worked and studied hard throughout the investigation and  up
to the time a decision was made to allow him to resign.  He  does  not
feel that he had adequate support from his counsel.   He  should  have
been released from the Academy once it was realized the case had  been
mishandled and he could not be formally charged and convicted.  Had he
been given the chance to resign earlier, he would have done so.

In support of his request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  his
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a cadet in the United States Air Force  on  30
Jun 98 and was attending the United States Air Force Academy (USAFA).

On 7 Mar 01, the applicant received notification  that  his  commander
was recommending disenrollment  action  and  discharge  for  drug  use
during the period of 1 Jun 00  to  30  Sep  00.   On  24 Jul  01,  the
applicant elected to resign in lieu of involuntary  disenrollment  for
personal conduct.  On 7  Aug  01,  the  Superintendent  of  the  USAFA
accepted the applicant’s resignation and ordered that he reimburse the
government for the  cost  of  his  Academy  education.   A  Recoupment
Hearing, completed on 28 Sep 01, found the applicant’s resignation  in
lieu of disenrollment constituted misconduct and the  recoupment  debt
was calculated correctly.   It  was  recommended  that  the  applicant
reimburse the United States Government $97,169.00, plus interest,  for
his education at the USAFA.  On 21 Nov 01, the Secretary  of  the  Air
Force disapproved the applicant’s request for a recoupment waiver  and
ordered recoupment.

On 7 Dec 01, the applicant received  a  general  discharge  under  the
provisions of AFI 36-2020 (Secretarial Authority) and had completed  a
total of three years, four months and two days of  active  service  at
the time of his separation.
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AIR FORCE EVALUATION:

HQ USAFA/JA recommends the application be denied.  JA states that  the
applicant incurred an Active Duty Service  Commitment  (ADSC)  at  the
start of his second class academic year (junior) year at the Air Force
Academy (AFA) in Aug 00.  On 6  Nov  00,  the  applicant  admitted  to
illegal drug use during a routine physical  and  again  on  7  Nov  00
during an interview with AFOSI.  He was placed on Administrative  Hold
on 13 Nov 00.  On 7 Mar 01, the applicant received  notification  that
he was being recommended for discharge for drug use during the  period
Jun to Sep 00.  On 15 Mar 01, the applicant  acknowledged  receipt  of
the notification and elected not to waive his  right  to  present  his
case before a Board of Officers.  On 20  Mar  01,  the  Superintendent
directed a Board of Officers.  On 30 May 01, the applicant waived  his
right to a Board of Officers.  On 24 Jul 01, the  applicant  resigned,
with acknowledgment  that  he  might  be  required  to  reimburse  the
government for the cost of his  AFA  education.   Applicant  signed  a
document entitled “Notice of Possible Reimbursement Requirement” on 26
Jul 01.  On 7  Aug  01,  the  Superintendent  of  the  USAFA  accepted
applicant’s resignation and ordered he reimburse  the  government  for
the cost of his Academy education.  A hearing was completed on  28 Sep
01 in which it was determined that the resignation  of  the  applicant
was voluntary, and that the recoupment was appropriate.  On 21 Nov 01,
the Secretary of the Air Force  disapproved  applicant’s  request  for
recoupment waiver and ordered recoupment.

JA states that the applicant acquired a service commitment in  Aug 00.
Even if you accept the possibility that his admitted ecstasy use  took
place prior to that date, he  used  marijuana  in  Sep 00,  after  his
service commitment became effective.   Therefore,  his  administrative
discharge and subsequent resignation (all in legally sufficient  form)
were based on misconduct occurring after such time as he became liable
for recoupment.  The recoupment hearing was  conducted  in  accordance
with the law.  There are no legal errors in his case that detract from
his due process rights.  The applicant benefited from his  resignation
decision by virtue of an otherwise more unfavorable discharge, and the
removal of the possibility that he could be  court-martialed  for  his
criminal  actions,  which  may  have  resulted  in  imprisonment.   He
voluntarily resigned from the USAFA and therefore was not  subject  to
these risks.  He also had the benefit of legal counsel as he made  his
decision to resign, and opted to follow that  advice.   Therefore,  he
should not receive any relief from his  disenrollment  and  subsequent
indebtedness to the United States Government.

The HQ USAFA/JA evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  31
Jan 03  for review and response.  As of this  date,  no  response  has
been received by this office (Exhibit E).
_________________________________________________________________

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  error  or  injustice.   The  applicant’s  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.   However,  we  do  not   find   the   applicant’s   assertions
sufficiently persuasive to override the rationale provided by the  Air
Force office of primary responsibility (HQ  USAFA/JA).   We  therefore
agree with the opinion and recommendation of HQ USAFA/JA and adopt the
rationale expressed as the basis for our decision that  the  applicant
has failed to sustain his burden that he has suffered either an  error
or an injustice.  In view of the above  and  absent  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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 31 July 2003, under the  provisions  of  AFI  36-
2603:

                  Mr. Philip Sheuerman, Panel Chair
                  Ms. Brenda L. Romine, Member
                  Mr. James W. Russell III, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2002-03928.

   Exhibit A.  DD Form 149, dated 6 Dec 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ USAFA/JA, dated 14 Jan 03.
   Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.




                                   BRENDA L. ROMINE
                                   Acting Panel Chair