RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02641
            INDEX CODE:  108.00, 128.10
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The recoupment of his  Health  Professions  Scholarship  Program  (HPSP)
debt be terminated.

2.  His commission be reinstated and he be medically retired.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In July 1994, one month following his commissioning physical, he  discovered
a lump superior to his left clavicle and reported it to his  physician.   He
was told it was nothing to worry about.  In July 1995,  he  asked  a  Flight
Surgeon about the lump and was told the same thing.   In  January  1996,  he
started experiencing lower back pain  with  radiation  into  his  legs.   In
April 1996, a laminectomy at T12-L1 was performed  in  order  to  decompress
his spinal  cord  and  he  was  subsequently  diagnosed  with  non-Hodgkin's
lymphoma.  Over the following 18 months he under chemotherapy and  radiation
and developed  a  potassium  wasting  nephropathy  and  bilateral  avascular
necrosis of his femoral heads as a result.  In 1997 he was informed that  he
could not be considered for residency because he was a great  liability  and
in January 1998, he  was  informed  that  his  HPSP  scholarship  was  being
terminated.

At no time during this did he withdraw from  residency.   He  kept  the  Air
Force informed and fulfilled every aspect of his HPSP contract that the  Air
Force allowed.  It was the Air Force that  reneged,  not  him.   It  is  his
strong belief, as well as the Professor of Medicine Division of  Hematology,
University of Kansas, that it was his many years of exposure  to  hydrazine,
hydraulic fluid, jet fuel, and various  other  fluids  while  enlisted  that
caused his disease.

In support of his  request,  applicant  provided  a  personal  statement,  a
physician's statements, documentation associated with his  HPSP  termination
and recoupment action, and a  copy  of  his  HPSP  contract.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  26  Feb  81  and  served  on
active duty as an Aircraft  Pneudraulic  Systems  Technician  until  he  was
discharged on 11 Apr 89.

Subsequent to his  discharge,  he  was  accepted  into  medical  school  and
entered medical school under the HPSP as a Reservist in September 1994.   In
March  1996,  he  was  diagnosed  with  non-Hodgkin's   Lymphoma   requiring
chemotherapy and radiation therapy leading  to  clinical  remission.   As  a
result  of  his  medical  condition,  he  was  determined  to  be  medically
disqualified for service, his scholarship was suspended, and  administrative
discharge proceedings were initiated in January 1998.  He graduated  medical
school and entered a civilian residency in "deferred  status"  (Reserve,  no
financial stipends).  Administrative processing, including  his  appeal  for
return to duty and his appeal for disability retirement, concluded with  his
administrative discharge on 21 Jun 01.

On 27 May 03, a debt was established  in  the  amount  of  $32,638.16.   His
current debt balance, which included interest and  administrative  fees,  is
$34,357.32.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAME recommends denial.  DPAME  states  consistent  with  Title  10  §
2005, the AFHPSP contract that he signs states, "Should I become  unable  to
commence the period of the 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  USC
2005."  He signed  his  contract  thereby  agreeing  to  the  terms  of  the
contract.  According to  the  contract  he  is  required  to  reimburse  the
government.

Information obtained from the Montana State Medical Board web site  reflects
that the applicant is a licensed provider in Montana.  The DPAME  evaluation
is at Exhibit C.

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states he developed  non-Hodgkin's  lymphoma  while  in  a  Reserve  status.
According to U.S.C. Title  10,  Chapter  61,  for  members  of  the  Reserve
component to be eligible for disability benefits,  the  impairment  must  be
the proximate result of duty, or were incurred or aggravated in the line  of
duty while  on  active  duty  for  more  than  30  days.   Non-duty  related
impairments are eligible to be referred to  the  Physical  Evaluation  Board
solely for a fitness determination.  Although hydrazine is considered to  be
a carcinogen, there is no  clear  evidence  it  directly  causes  cancer  in
humans and has only been shown to cause tumors of  lung,  colon,  and  blood
vessels (not lymph node) in animal studies.  There  is  currently  no  known
association of jet fuel or hydraulic fluid exposure with cancer.   If  there
were a definite link between his  occupational  exposures  while  on  active
duty between 1981 and 1989 with his subsequent lymphoma,  he  would  not  be
eligible for disability benefits under Title 10, but would be  eligible  for
Department of Veterans Affairs (DVA)  benefits  under  Title  38.   The  DVA
review of this issue denied service connected benefits related  to  lymphoma
and residuals  of  treatment.   The  Medical  Consultant  evaluation  is  at
Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the statement by  the  Medical  Consultant  is  false.
There has been a  connection  between  hydrazine  and  lymphoma,  which  was
published from the Armstrong Laboratory.  This paper clearly demonstrates  a
causal relationship between hydrazine and B-Cell lymphoma in  animal  models
and was implicated as causing lymphoid  hyperplasia  in  humans.   Applicant
contacted the author of the paper who  refused  any  further  correspondence
with him and referred him back to the Air Force.  He no longer  has  a  copy
of the paper and the Aerospace Medicine journal is no longer  available  on-
line.  In  addition,  jet  fuel  and  hydraulic  fluid  contain  benzene,  a
notorious carcinogen.

He has been turned over to collections  while  his  case  is  under  review.
Applicant believes that recoupment action is barred by Public  Law  as  well
as by  the  Barring  Act  of  1970.   The  response  DFAS  provided  to  his
Congressman  states  he  was  "unable  to  complete  his  obligated  service
contract."  More correctly is that he was not allowed  to  serve  due  to  a
diagnosis of cancer.  He completed Medical School and Residency on  schedule
without any delay.  He honored and fulfilled his contract; it  was  the  Air
Force who failed to uphold the contract.

His complete response, with attachments, is at Exhibit H.

_________________________________________________________________

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  that  would  warrant  termination  of  the
applicant's indebtedness.  We took notice  of  his  complete  submission  in
judging the merits of the case; however, 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.  Notwithstanding the  fact
that  the  applicant's  disqualifying  condition  was  not  the  result   of
misconduct and was through no fault of his own,  he  entered  into  a  clear
contract which provided that if he became physically disqualified  he  would
reimburse the government for the cost of his  medical  education.   Evidence
has not  been  presented  which  lead  us  to  believe  that  his  debt  was
inappropriately  established  or  that  the  applicant  has   been   treated
differently than similarly situated individuals.  Therefore, in the  absence
of evidence to the contrary, we find  no  compelling  basis  upon  which  to
relieve  him  of  his  obligation  to  reimburse  the  government  for   its
expenditure of funds.

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 issue  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 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  Docket  Number  BC-2003-02641
in Executive Session on 30 Jun 04, under the provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Jean A. Reynolds, Member
      Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPMAE, dated 10 Sep 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Sep 03.
    Exhibit E.  Letter, SAF/MRBC, dated 9 Oct 03.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 19 Apr 04.
    Exhibit G.  Letter, SAF/MRBC, dated 24 Apr 04.
    Exhibit H.  Letter, Applicant, dated 6 Jun 04.




                                   BRENDA L. ROMINE
                                   Panel Chair