RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00438
            INDEX CODE:  128.10

      APPLICANT  COUNSEL:  NONE


            HEARING DESIRED:  YES




MANDATORY CASE COMPLETION DATE:  9 AUGUST 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her discharge from the Air Force be reversed and  she  be  allowed  to
enter an active duty Diagnostic Radiology residency  training  program
in July 2005; or in the alternative, she be released  from  recoupment
of her debt for sponsorship in the  Armed  Forces  Health  Professions
Scholarship  Program  (AFHPSP)  under  the  provision  of  the  Deutch
Memorandum.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The official record states she was honorably discharged from  the  Air
Force because she disclosed her homosexuality  in  an  email  for  the
purpose of seeking voluntary separation from the Air Force.  The facts
do not support the administrative discharge board’s  decision.   Since
her discharge, she has spent the last two and a half years  trying  to
reenter the Air Force under any conditions the Air Force would  grant.


At the age of twenty-five and during her third year in medical school,
she found herself troubled by same-sex attractions, which triggered  a
serious depression.  She sought medical attention from  an  Air  Force
psychiatrist who immediately put her on medication and advised her  to
see a civilian  psychiatrist.   The  civilian  psychiatrist  continued
medication and began treatment for severe depression.   Because  there
was no way for her Air Force colleagues to account for the effects  of
behavior-modifying medication or the disorientation caused by  serious
emotional trauma,  her  psychiatrist  instructed  her  to  reveal  the
struggle with homosexuality to the Air Force as an essential  part  of
her therapy.  Her psychiatrist also advised  her  to  inform  the  Air
Force of her homosexuality to confront her true identity because of  a
family history of mental illness.  During this same period,  while  on
active duty struggling with her own severe emotional  depression,  her
mother suffered another  breakdown  and  was  again  committed  to  an
institution.  It was under these traumatic circumstances that she sent
an email to the  Air  Force  admitting  her  emotional  struggle  with
homosexuality.  The Air Force canceled her scholarship and removed her
from the program.  Depressed about her emotional  struggle,  horrified
that her medical and Air Force career were threatened, and financially
unable to begin her final year in medical school, she took a leave  of
absence from medical school at the end of her third  year  to  undergo
intensive psychiatric treatment.   After  a  year  of  medication  and
therapy, she regained her composure and reenrolled in medical  school.
Since the Air Force had removed her from the program and  stopped  all
financial aid at the end of her third year, she borrowed the money  to
reenter medical school and received her M.D. with  distinction.   Upon
graduation, she appealed to the administrative board seeking retention
to complete residency and serve  as  a  career  Air  Force  physician.
Despite the overwhelming evidence to the contrary, the board concluded
that there was a preponderance of evidence that she had  revealed  her
homosexuality to seek voluntary separation from the Air Force.

After two years of trying to remain in the Air Force, she has  entered
a civilian residency program to complete her medical training.  She is
an honorable woman who seeks to fulfill the commitment she  made  when
she entered the program.  Her request  for  relief  is  based  on  the
belief, in her administrative discharge counsel’s own words, that  she
should not “be punished twice, first by being discharged and second by
recoupment of scholarship monies.”  Being an Air Force  physician  has
been and continues to be a lifelong dream.  She  prays  that  the  Air
Force will give her the opportunity to serve her country and allow her
to resume her career as an Air Force officer.

In support of her appeal, applicant submits a personal statement, with
nine tabs of documents associated with  her  administrative  discharge
board  hearing.   Applicant’s  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Records indicate that the applicant was appointed a second lieutenant,
Reserve of the Air Force on 16 May 1998.  She participated in the HPSP
program from 12 August 1998 – 10 September 2001.  On 30 December 2002,
the Office of the Secretary of the Air Force directed the applicant be
honorably discharged from the Air Force and approved  the  requirement
that she reimburse the United States Government for the pro rata share
of the  funds  expended  on  her  Armed  Forces  Health  Professionals
Scholarship and Financial  Assistance  Program  (HPSP/FAP)  education.
Subsequently,  on  8  January  2003,  the  applicant   was   honorably
discharged from the Air Force.  The applicant is required to reimburse
the United States Government  for  the  funds  expended  on  her  HPSP
totaling $128,667.68.  The Defense Finance and Accounting Service  has
suspended collection action pending the Air Force  Correction  Board’s
decision.

The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are contained  in  the  letters
prepared by the appropriate offices of the Air Force at Exhibit C  and
D.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAME recommends the application be denied.   DPAME  states  that
the Air Force has a requirement each year  to  train  radiologists  in
active duty programs.  For the academic year that starts in July 2005,
there are a total of 11 training starts at  the  PGY2,  which  is  the
level at which the applicant states she  would  like  to  enter.   The
applicant will not have an opportunity to enter an Air  Force  program
in radiology in 2005 since she has not  been  selected  by  the  Joint
Service Graduate Medical Education Selection Board (JSGMESB) to  enter
an active duty training program.  Most of the eligible  applicants  to
the JSGMESB are obligated Air Force officers.  DPAME states  that  the
training billets to start Radiology in the summer  of  2005  have  all
been assigned to qualified applicants to a previous JSGMESB.  The 2005
Integrated Forecast Board (IFB) is scheduled to convene on 18 May 2005
and will identify Air Force  Medical  Service  training  requirements.
Certain specialties may be  identified  as  having  opportunities  for
civilian applicants to compete  at  the  2005  JSGMESB,  scheduled  to
convene 29 November to 2 December 2005.  The list of  specialties  for
which the Air Force is accepting  civilian  applications  in  2005  is
generated in the late spring and will be  available  in  July.   DPAME
states that if the applicant wishes to apply  to  the  Air  Force  for
graduate medical education, she  should  contact  a  local  Air  Force
recruiter this summer to obtain the results of the 2005 IFB  regarding
civilian applicant opportunities for  the  2005  JSGMESB.   AFPC/DPAME
evaluation is at Exhibit C.

USAF/JAA recommends  the  application  be  denied.   JAA  states  that
contrary to the applicant’s assertion, there  was  ample  evidence  to
conclude  that  she  disclosed  her  homosexual  orientation  for  the
purposes of seeking separation from the Air Force and avoid her  four-
year active duty service commitment.  JAA states that if she had truly
desired to serve in the military,  she  could  have  done  so  by  not
disclosing her homosexual orientation.  JAA opines the  applicant  has
failed to  demonstrate  errors  or  present  facts  and  circumstances
supporting an injustice necessitating corrective action.  The USAF/JAA
evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Applicant requests that the  Board  consider  her  case  on  its  true
merits.  She states the facts support her initial pleas and the  Board
should understand that she  was  under  medical  care,  following  the
advice of her doctor, has a mother who is  in  a  psychiatric  medical
institution for a similar depression,  she  did  the  right  thing  by
telling the truth and had neither personal desire nor reason to  leave
the Air Force.  Applicant states  that  suspicion  is  not  enough  to
warrant the action taken by the Air Force against an individual who is
and always has been an honor student.  She could have received a  full
scholarship from educational institutions, but chose the Air Force and
told the truth as  her  life  evolved.   Any  search  of  the  written
records, recording or hearing show that the Air Force has never  found
nor provided facts that demonstrate she  disclosed  her  homosexuality
for the purpose of leaving the Air Force.   She  urges  the  Board  to
grant her return to the Air Force.  Absent that, she requests that the
Board grant the relief warranted to her under the  provisions  of  the
Deutch Memorandum and cancel  her  debt.   Applicant’s  letter  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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice that would persuade  the  majority
of the  Board  that  remission  of  the  applicant's  indebtedness  is
warranted.  The Armed Forces Health  Professions  Scholarship  Program
(HPSP) contract specifically states that if a member fails to meet the
applicable standards of the US Air Force, the Air Force  may,  at  its
option, separate the member and recoup  the  total  cost  of  advanced
education in lieu of active duty.  When the applicant entered into the
HPSP contract, she was on notice of  the  requirement  that  she  must
meet,  and  continue  to  meet,  Air  Force  standards.  The  contract
additionally placed the applicant on notice  of  the  consequences  of
being found unfit for service.  The Air Force made  the  determination
that her voluntary homosexual statements were made for the purpose  of
separation.  We also note  that  during  the  Board  of  Inquiry,  she
indicated she was aware that there could be negative consequences,  to
include discharge, as a result  of  her  homosexual  disclosure.   The
Board majority believes that the BOI  was  in  the  best  position  to
evaluate  the  applicant’s  credibility  and  demeanor.    While   the
applicant’s disqualifying condition was not the result of  misconduct,
the condition did not arise  through  the  fault  of  the  government.
Applicant's contentions are duly noted; however,  the  Board  majority
does not find these assertions, in  and  by  themselves,  sufficiently
persuasive to  override  the  evidence  of  record  or  the  rationale
provided by the Air Force.  In view of the above and absent persuasive
evidence to the contrary, the Board majority finds no compelling basis
to recommend granting the relief sought.

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:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application  Docket
Number 05-00438 in Executive Session  on  20  April  2005,  under  the
provisions of AFI 36-2603:

                 Ms. B.J. White-Olson, Panel Chair
                 Ms. Ann-Cecile M. McDermott, Member
                 Ms. Jan Mulligan, Member

Mses. White-Olson and McDermott voted to deny  the  relief  requested.
Ms. Mulligan voted to approve the  application  and  has  submitted  a
minority report, which  is  attached  at  Exhibit  G.   The  following
documentary evidence was considered:

      Exhibit A. DD Form 149, dated 10 Jan 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPAME, dated 17 Feb 05.
      Exhibit D. Letter, USAF/JAA, dated 18 Feb 05.
      Exhibit E. Letter, SAF/MRBR, dated 25 Feb 05.
      Exhibit F. Letter, Applicant, dated 17 March 05 w/atchs.
      Exhibit G. Minority Opinion dated 26 April 2005.





      B. J. WHITE-OLSON
      Panel Chair


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                     CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT, DOCKET NO: BC-2005-00438

      The applicant has requested that her discharge from the Air Force be
reversed and she be allowed to enter an active duty Diagnostic Radiology
residency training program in July 2005; OR in the alternative, she be
released from recoupment of her debt for sponsorship in the Armed Forces
Health Professions Scholarship Program (AFHPSP) under the provision of the
Deutch Memorandum.  I agree with the majority of the Board in denying the
applicant’s request that her Air Force discharge be reversed and she be
allowed to enter an active duty Radiology residency training program.
However, I disagree with the majority of the Board to deny the applicant’s
request that she be released from recoupment of her debt for sponsorship in
the AFHPSP.  The majority of the Board recommends denial based under the
provisions of the Deutch Memorandum that the applicant was subject to
recoupment because she made a statement of homosexual orientation for the
purpose of seeking separation.

      After careful consideration of the applicant’s alternative request
and the available evidence of record, I believe sufficient evidence has
been presented to document that the applicant’s homosexual statements were
made to facilitate her healing from depression and not for the purpose of
seeking separation.  As indicated by the Office of the General Counsel,
historically, such statements are often made toward the end of medical
training, shortly before an individual is to enter active duty to fulfill a
service commitment.  The applicant revealed her homosexuality during her
third year of medical school not in her fourth year, as indicated by the
AF/JAA advisory opinion, at which time the Air Force stopped all funding
and removed her from the AFHPSP.  Disclosing her homosexuality when she had
another year and a half of training remaining indicates to me that her
disclosure was to alleviate her serious emotional trauma to include her
mother’s emotional breakdown and not for the reason to seek voluntary
separation.  During the applicant’s Board of Inquiry, the applicant’s
counsel presented a sworn statement from her civilian psychiatrist who
states in part “…that her depression is rooted, at least in part, in issues
related to her status as a homosexual and as a military officer who has
discovered herself to be a homosexual.”  “…He has discussed the
appropriateness and recommended that she confront her status as a
homosexual and disclose her depression, related to her homosexuality to the
Air Force.”  I believe the applicant did what was best for her mental state
and did so under the advice of her psychiatrist.

      Given the repeated documented statements made by the applicant
throughout the evidence of record regarding her desire to remain in the Air
Force or to serve out her commitment as a civilian in a military hospital,
and the medical circumstances surrounding her case, I believe the
provisions and protections of the Deutch Memorandum unequivocally apply to
the applicant’s case.  Applicant’s case adheres to the provisions that
educational costs for advanced educational assistance should not be
recouped for separations caused by disclosure of homosexual orientation,
absent misconduct or that a precipitating statement was made for the
purpose of accomplishing separation.  Therefore, I conclude that the
applicant’s request that she be relieved of her debt for sponsorship in the
AFHPSP be granted.

                                        Sincerely






                                        JAN MULLIGAN
                                        Board Member



MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS

FROM: SAF/MRB

SUBJECT:    APPLICANT, BC-2005-00438

      I have carefully considered the rationale of the Board majority;
however, I agree with the minority member that the provisions of the Deutch
Memorandum do apply to this case and the applicant’s records should be
corrected in such a manner as to relieve her of her debt for sponsorship in
the Armed Forces Health Professions Scholarship Program.

      From my review of the evidence, I find substantial doubt has been
created as to whether the applicant admitted her homosexuality for the
purpose of obtaining separation.  To the contrary, there appears to be
abundant evidence indicating that she made her admission based on the
advice of her psychiatrist.  In addition, it appears her decision may have
been based on a family history of mental illness.

      In view of the above, it is my decision that any doubt in this matter
should be resolved in the applicant’s favor and her records should be
corrected to show at the time of her discharge, no debt was established to
reimburse the United States for the cost of her education as a result of
her sponsorship in the Armed Forces Health Professions Scholarship Program.




                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency


AFBCMR BC-2005-00438




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 APPLICANT be corrected to show that at the time of her
discharge from the Air Force, the Secretary of the Air Force found that
under the particular circumstances of her case, her discharge was not
voluntary within the meaning of Title 10, United States Code, Section 2005,
and that accordingly, no debt was established to reimburse the United
States for the cost of her education as a result of her sponsorship in the
Armed Forces Health Professions Scholarship Program.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency