RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00103
            INDEX CODE:  128.10

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Air Force Reserve Officer Training Corps (AFROTC) scholarship debt
totaling $31,020.00 not be recouped.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was diagnosed with “rare nocturnal enuresis” and  was  subsequently
medically disqualified for commissioning.

He believes it  was  wrongful  for  HQ  AFROTC  to  proceed  with  his
disenrollment and recoup his scholarship.  He should have been granted
a medical waiver because his condition would  not  have  hindered  his
ability to serve in the Air Force.

His scholarship debt is unjust and he should be relieved of it.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, his AFROTC contract, medical documentation, statements from
a medical doctor, and other documents associated with the matter under
review.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 Aug 02, the applicant contracted an agreement to participate  in
the AFROTC Scholarship Program at  the  University  of  Saint  Thomas.
Upon the date of his graduation, he was to be commissioned as  a  line
officer.

On 17 Jun 04, the  Commander,  AFROTC  Detachment  410,  notified  the
applicant that he was  initiating  disenrollment  action  against  him
based  on  the  applicant  being  found  medically  disqualified   for
commissioning by HQ AETC/CC by reason of enuresis on 5 Apr  04,  which
he initially denied.

On 11 Aug 04, the applicant was disenrolled from  the  AFROTC  program
under the provisions of  AFI  36-2011  and  AFOATSI  36-2011  (Medical
Disqualification).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AETC/SGPS recommended  denial  noting  that,  on  14  May  02,  the
applicant completed his initial Department of  Defense  (DoD)  Medical
Examination Review Board (DODMERB) Scholarship examination and on  his
history form he checked “No” regarding any “bedwetting after  age  12”
and did not mentioned these episodes to  the  physician  when  he  was
examined.  During his 30 Mar 04 urology evaluation, it was noted  that
his enuresis history has been one of occasional wetness once or  twice
a year since he could remember.  The last occurrence  was  during  the
Jul 03 time frame.

According to HQ AETC/SGPS, Air Force protocol states that a waiver may
be considered 18 months after all medication and  treatment  has  been
completed, and there has been no recurrence during  that  time.   This
would place the waiver window during Jan 05.   The  applicant  took  a
final commissioning examination on 18 Dec  03,  on  which  he  checked
“Yes” on the “bedwetting since age 12” question.  Based on  the  above
criteria, he was found medically disqualified on 5 Apr 04.   An  entry
by a medical doctor regarding the applicant’s treatment plan shows  he
was still receiving treatment as recently as  May  04.   HQ  AETC/SGPS
noted that they would have been willing to reconsider his case  for  a
waiver 18 months  after  all  treatment  and  episodes  had  resolved.
However, the May 04 entry would move the waiver window up to Sep 05 at
the earliest.

In HQ AETC/SGPS’ view, the applicant should have noted  his  condition
on his initial entry examination, at which time  he  would  have  been
found disqualified from participating in the AFROTC until  all  waiver
criteria had been met.

A complete copy of the HQ AETC/SGPS evaluation is at Exhibit C.

AFOATS/JA recommended denial indicating the  applicant  has  submitted
insufficient evidence to substantiate his request that an unjust  debt
not be recouped.  Current AETC guidance would allow the  applicant  to
apply for a waiver to a commissioning program  after  18  months  have
expired since his last episode that was the disqualifying factor.

A complete copy of the AFOATS/JA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating the advisory opinions imply he gave a fraudulent answer  on
his initial entry examination, which is not true.  At the time, having
no professional guidance, he believed that his rare  episodes  were  a
normal, negligible occurrence.  With no prior  medical  evaluation  of
these episodes, and without a diagnosis, he answered “No” and did  not
withhold any information he understood to be  applicable.   The  first
time he was diagnosed with this condition was during  the  examination
on 18 Dec 03.  He could not have known prior to then that his episodes
constituted a disqualifying  medical  condition.   In  processing  his
medical disqualification, he believes HQ AETC/SGPS did not  reasonably
consider whether these episodes would  detract  from  his  ability  to
fulfill his duties as a officer.   The  overwhelming  opinion  of  the
doctors who examined him was the  symptoms  were  non-contributory,  a
waiver was recommended, and  that  these  episodes  were  amenable  to
treatment.  Considering these circumstances, the imposition of an  18-
month waiting period was unwarranted.   In  his  view,  a  waiver  was
unreasonably  delayed  by  HQ  AETC/SGPS,  a  delay  that  caused  his
disenrollment from the program.  These circumstances were  beyond  his
control and occurred without any instance of fraud, which is  why  the
debt currently charged to him was unjust.

Applicant’s complete response 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  The evidence of record indicates the
applicant was disenrolled from the AFROTC program  after  being  found
medically disqualified for commissioning by reason of enuresis,  which
he initially denied.  As a result, a determination was made to  recoup
his scholarship benefits.  The applicant asserts he had no  fraudulent
intent when he indicated on his initial entry examination that he  had
no bedwetting episodes after the age of 12, and he was not aware  that
his  infrequent  episodes  constituted  a   disqualifying   condition.
Furthermore, his condition was insignificant  and  noncontributory  to
daily activities, and he  believes  he  should  have  been  granted  a
waiver.  After a thorough review of the  facts  and  circumstances  of
this case, we are inclined to give the applicant the  benefit  of  the
doubt and resolve this case in his favor, especially in light  of  the
fact the applicant could apply for waiver after 18 months have expired
since  his  last  episode   that   was   the   disqualifying   factor.
Accordingly, we recommend that his records be corrected as  set  forth
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that his  request  to  not
recoup his scholarship benefits  was  not  acted  upon,  and  will  be
corrected to show the request was approved by competent  authority  in
accordance with AFOATSI 36-2011,  if  he  receives  a  waiver  of  his
enuresis condition and reenters the Air Force Reserve Officer Training
Corps (AFROTC) Scholarship Program no later than 1 Oct 05.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-00103 in Executive Session on 24 Mar 05, under the provisions  of
AFI 36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. Alan A. Blomgren, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 29 Dec 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AETC/SGPS, dated 1 Feb 05.
     Exhibit D.  Letter, AFOATS/JA, dated 4 Feb 05.
     Exhibit E.  Letter, SAF/MRBR, dated 18 Feb 05.
     Exhibit F.  Letter, applicant, dated 27 Feb 05.




                                   PEGGY E. GORDON
                                   Panel Chair


AFBCMR BC-2005-00103




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

            The pertinent military records of the Department of the
Air Force relating to , be corrected to show that his request to not
recoup his scholarship benefits was not acted upon, and will be
corrected to show the request was approved by competent authority in
accordance with AFOATSI 36-2011, if he receives a waiver of his
enuresis condition and reenters the Air Force Reserve Officer Training
Corps (AFROTC) Scholarship Program no later than 1 Oct 05.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency