RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04303
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Recoupment of a portion of her Health Profession  Scholarship  Program
(HPSP) debt be waived.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force’s decision to disqualify her from HPSP  because  of  her
depression  meant  that  medical  school  was  beyond  her   financial
capabilities.   The  initial  action,  taken  by  the  Air  Force,  in
disqualifying her from the scholarship program required  her  to  drop
out of medical school and resign her commission.  Due to  the  initial
action of the Air Force, she feels she should not be fully responsible
for the repayment of the outstanding  balance  of  her  account.   She
accepts  partial  responsibility;  however,  she  believes  that   her
$4,300.00 repayment serves as an  adequate  penalty.   She  feels  she
honorably served the Air Force from 20 June 1996 through  24  November
1999; therefore, the Air Force should forgive the outstanding balance.
 At a minimum, she asks that the Air Force reduce the repayment amount
of the educational expenses.

In support of her request, the applicant submits a personal statement,
with copies  of  medical  statements,  notifications  of  her  medical
disqualification by HQ AETC/SGPS and withdrawal from HPSP by  AFIT/CC,
financial statements of her debt, notification of  her  discharge  and
discharge certificate, congressional  correspondence,  and  additional
documents associated with the issues cited in  her  contentions.   The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 20 June 1996, the applicant  was  appointed  a  second  lieutenant,
Medical Service Corps (MSC), Reserve of the Air Force.  She signed  an
FY96  Armed  Forces  Health  Profession  Scholarship   and   Financial
Assistance  Program(AFHPS/FAP)  contract  on  20  June  1996.    While
attending medical school she was treated for major depression and then
took a leave of absence for medical reasons.

On 14 April 1998,  HQ  AETC/SGPS  determined  the  applicant  was  not
medically qualified to  continue  in  the  AFHPS/FAP  because  of  the
diagnosis of major  depression,  and  recommended  disenrollment  from
AFHPSP.   On  16  June  1999,  HQ  ARPC/JA  determined   the   medical
disqualification recommendation was legally insufficient.  However, JA
recommended the applicant be involuntarily discharged for  voluntarily
withdrawing from medical school without prior permission from the  Air
Force, with recoupment of educational  funds.   Discharge  action  was
initiated and, on 27 July 1999, the applicant acknowledged receipt  of
the discharge notification.  On 30  August  1999,  she  submitted  her
tender of  resignation  in  lieu  of  involuntary  discharge  and  was
represented by counsel.   On  19 November  1999,  the  applicant’s  30
August 1999 resignation was accepted by the Secretary of the Air Force
Personnel Council (SAFPC).  It was further  determined  that  she  was
required to reimburse the United States Government the funds  expended
on her AFHPS/FAP education and any other indebtedness  to  the  United
States Government.  Effective 24  November  1999,  the  applicant  was
relieved  from  her  assignment  and  honorably  discharged  from  all
appointments in the Air Force  in  the  grade  of  second  lieutenant,
USAFR.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAME recommends the application be denied.  DPAME states that
the applicant was sponsored through  AFHPSP  to  attend  the  Columbia
School of Medicine, University of MO, from 1 August 1996 to  14  April
1998 (leave of absence from 11 April to 31 December  1997),  resulting
in a two-year active duty service commitment.  On 30 August 1999,  the
applicant signed and agreed to the terms of the resignation concerning
recoupment.   DPAME  states  that  the  applicant  signed  her  AFHPSP
contract, thereby agreeing to the terms of the contract and should  be
required to reimburse the government as directed.  The  HQ  AFPC/DPAME
evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicates the basis of
her claim rests in  the  fact  that  she  relied  on  information  she
received in 1997 from the Air Force and her  commanding  officer  that
she would be discharged because of her depression.  As  she  had  been
told she would be discharged as well as lose her scholarship, she  and
her mental health  professional  decided  that  remaining  in  medical
school would further her depression and  it  would  be  best  for  her
mental health if she left medical  school.   It  was  only  after  she
informed the Air Force of her decision to drop out of  medical  school
that she was told she could not be discharged for depression and  that
the information and guidance she received from  her  superior  officer
was erroneous.  Therefore, at the time  she  dropped  out  of  medical
school, she was acting based on this  incorrect  information  and  not
independent of it as the advisory  writer  implies.   The  applicant’s
complete submission 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 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  error  or  injustice.   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 the rationale expressed  as
the basis for our decision that the applicant has  failed  to  sustain
her burden that she has suffered either an error or an injustice.   We
note  that,  when  the  applicant  signed  the  Armed  Forces   Health
Professions Scholarship Program (AFHPSP) contract in 1996, she  agreed
to the terms of the  contract,  which  specified  the  conditions  for
reimbursement to the US Government.  Additionally, we note that, after
consulting with legal counsel, she chose to submit her resignation  in
lieu  of  involuntary  discharge,  agreeing  to  the  terms   of   the
resignation concerning recoupment of any or  all  of  the  educational
assistance.  We note the applicant’s assertion that she  was  provided
misleading information upon which she based her decision to tender her
resignation.  However, other than her own assertions, she has provided
no documentary evidence supporting this  claim  or  showing  that  her
superiors abused their  authority  when  the  recommendation  for  her
involuntary discharge was approved.  Based on the applicant’s decision
to submit her resignation, she  incurred  an  indebtedness  for  funds
expended on her AFHPSP education.  In view of the foregoing and in the
absence of evidence by the applicant  showing  that  the  decision  to
recoup the debt for her sponsorship  in  the  HPSP  was  erroneous  or
unjust, 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 29 July 2004, under the  provisions  of  AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Kathleen F. Graham, Member
                  Mr. Vance E. Lineberger, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2003-04303.

   Exhibit A.  DD Form 149, dated 18 Dec 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAME, dated 28 Jan 04.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Feb 04.
   Exhibit E.  Letter from Applicant, dated 2 Mar 04.




                                   RICHARD A. PETERSON
                                   Panel Chair