RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01679
                                        INDEX CODE:  128.06
  XXXXXXXXXXXXXXXXX                     COUNSEL:  NONE

  XXXXXXXXXXXX                          HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His debt in the amount of $94,518.28 for recoupment of  sponsorship  in  the
Uniformed Services University of Health Sciences (USUHS) be waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was involuntarily discharged  for  medical  reasons  and  should  not  be
subject to recoupment of funds expended for his medical school education.

In support of his application, the applicant submits a copy of his  Informal
Physical Evaluation Board (IPEB) results; a copy of  his  USUHS  Commander’s
Evaluation letter, dated 8 April 2003; copies of his medical  diagnosis  and
documentation; and copies  of  his  student  performance  evaluations.   The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 24 April 1998, the applicant was appointed a  second  lieutenant  Reserve
of the Air Force with an effective date of duty  of  29 June  1998.   On  28
April 1998, he signed a sponsorship contract  to  attend  USUHS  to  receive
medical training.  In exchange for his  training,  the  applicant  obligated
himself for a seven-year active duty service commitment.  He was ordered  to
extended active duty effective 25  June  1998  to  attend  Officer  Training
School (OTS). Upon completion of OTS, the  applicant  reported  for  medical
training at USUHS.

The following facts are extracted from documents provided by the  applicant:
  The  applicant  received  a  student  evaluation  in  February  2001  that
identified some academic and  patient  care  performance  problems.   On  24
April 2001, the applicant was diagnosed with Obstructive Sleep Apnea  (OSA).
 The applicant was disenrolled  from  USUHS,  Doctor  of  Medicine  Program,
effective 30 May 2002.  On 26 November  2002,  a  Medical  Evaluation  Board
(MEB) evaluated his medical condition and found the applicant fit for  duty,
but not deployable.  The MEB recommended  his  records  be  forwarded  to  a
Physical Evaluation Board (PEB) for  final  determination  and  disposition.
The Medical Board Report contains an indorsement dated  6  January  2003  by
the Informal Physical Evaluation Board  (IPEB)  President  recommending  the
applicant be found fit and returned to duty and a second indorsement by  the
Special Assistant to the Director, Air  Force  Personnel  Council,  dated  6
January 2003, indicating that the Secretary of the Air Force  directed  that
the applicant be returned to duty.

The applicant was hospitalized 10-20 February 2003  resulting  from  a  mild
anxiety attack.  He was diagnosed with Recurrent Major Depressive  Disorder,
Cognitive Disorder, in addition to OSA.  On 26 March 2003,  the  applicant’s
case was again considered  by  an  MEB  and  it  was  recommended  that  the
applicant’s case be referred to an IPEB.  On 11 April 2003, the  IPEB  found
that the applicant was fit and recommended he be returned to duty.

In the meantime, in a Memorandum dated 4 March 2003, the  Secretary  of  the
Air Force ordered that the applicant be honorably discharged under  AFI  36-
3207,  paragraph  3.9.1.6,  and  recoupment  for  funds  expended  for   the
applicant’s medical training.  According to the  applicant  and  information
maintained in the Personnel Data System, he was discharged on 9 May 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPMAE recommends denial.  The applicant was sponsored  for  four  years
at USUHS; however, he was not awarded a medical degree.  On 11  April  2003,
an MEB/IPEB determined that the applicant was “fit for  duty;”  however,  he
did not meet professional qualifications to be transferred  to  the  Medical
Service Corps (MSC), Biomedical Science Corps (BSC) or to a line of the  Air
Force position.  The applicant was discharged due to  his  ineligibility  to
fulfill his contractual obligation as an  active  duty  officer;  therefore,
recoupment of debt was requested based on Title 10, USC 2005.

The DPMAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant claims that while he is receiving adequate treatment  for  his
sleep apnea he is capable of continuing his education and  become  a  doctor
of medicine.  However, with the  decision  of  USUHS,  he  is  having  great
difficulty being accepted for transfer to other  schools.   A  copy  of  the
applicant’s rebuttal is at 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 an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and applicant's submission, we  are  not  persuaded  that
his records should be corrected to show he was involuntarily separated  from
the Air Force for medical reasons and that he was  excused  from  recoupment
of funds expended for his medical school education.   The  record  indicates
that the applicant was considered by an IPEB on  two  occasions,  found  fit
both times, and returned to duty and that he was discharged because  he  did
not complete a  medical  degree  through  USUHS.   We  note  the  Air  Force
assertion that, prior to his discharge, it was determined that  he  did  not
possess the professional qualifications for transfer to another  competitive
category  in  order  to  complete  his  seven-year   active   duty   service
commitment.  In  addition,  the  applicant  signed  a  recoupment  statement
agreeing  to  repay  the  unserved  portion  of   any   advanced   education
assistance, special pay or bonus money received if he was unable to  fulfill
his contractual obligation.  In view of  the  above  and  absent  persuasive
evidence that the sole reason for the applicant’s discharge  was,  in  fact,
medical problems, we agree with the opinions and recommendations of the  Air
Force offices 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, in the absence of  evidence  showing  that
the applicant’s debt was established in a manner contrary to  the  governing
laws and regulations or that he was inequitably  treated  when  compared  to
other similarly situated officers, we find no compelling basis to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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 6 November 2003, under the provisions of AFI 36-2603:

            Ms. Marilyn Thomas, Vice Chair
            Mr. Roscoe Hinton Jr., Member
            Mr. J. Dean Yount, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2003-01679
was considered:

     Exhibit A.  DD Form 149, dated 12 May 03 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAME, dated 21 May 03.
     Exhibit D.  Letter, SAF/MRBR, dated 30 May 03.
     Exhibit E.  Applicant’s Rebuttal, dated 14 Jul 03.




                                  MARILYN THOMAS
                                  Vice Chair