RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01077
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 31 OCT 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His debt in the amount of $9269.24 that he incurred as a result of his
participation in the Health Professions Scholarship Program (HPSP) be
remitted.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Due to financial hardship, he contacted and received a verbal contract with
Major O__ of the Biomedical Service Corps (BSC) that he would be placed on
active duty in the BSC within the month. After finishing the lengthy
process of withdrawing from HPSP in order to go active, he was informed
that he was not qualified for the BSC and was presented a bill for HPSP
recoupment.
This was unjust due to the fact that, in order to return to active duty, he
would be required to withdraw from medical school and give up a full
military scholarship. Once removed from the program, he was told the Air
Force is “slimming down” and was thrown out of the Air Force altogether
after 10 years of exemplary service. Adding insult to injury, he was
presented with a bill for recoupment of HSPS expenditures.
In support of his application, the applicant provided a letter from his
area defense counsel, a personal letter, a letter of indebtedness from DFAS-
DE, copies of awards, training, college degrees and honorable discharge
certificates, NGB Form 22, Report of Separation and Record of Service, DD
Form 214, Certificate of Release or Discharge from Active Duty, and a
military resume
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 3 March 2003, the applicant separated from the Air National Guard of
Mississippi in the grade of staff sergeant (E-5) after serving a total of 8
years, 8 months and 7 days of total military service. On 21 March 2003, he
was commissioned as a second lieutenant in the Air Force Reserve.
On 11 August 2003, the applicant entered the Armed Forces Health
Professionals Scholarship Program at the University of Mississippi.
On 23 April 2004, the applicant voluntarily withdrew from HPSP prior to his
contract completion. He desires to serve his active duty service
commitment as an active duty BSC officer rather than paying back the money
spent by the government. He signed a recoupment statement agreeing to
repay the unserved portion of any advanced education assistance, special
pay or bonus money received.
On 25 May 2004, AF/DPAME, Medical School Programs Manager determined that
the applicant could not be utilized on active duty in any capacity or as a
civilian health care provider sponsored by the Air Force and it was
therefore recommended the applicant be discharged at the earliest date and
recoupment actions taken. The applicant has received benefits from
participation in HPSP in the amount of $9,269.24.
On 24 November 2004, the Secretary of the Air Force Personnel Council
ordered the applicant be honorably discharged and to reimburse the United
States Government for the funds expended on his education through the Armed
Forces Health Professions Scholarship and Financial Assistance Program.
On 6 December 2004, the applicant was discharged honorably from the Air
Force Reserve.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPMAF2 reviewed the applicant's request and concurred with
AFPC/DPAME’s initial ruling and the ruling of the Secretary of the Air
Force Personnel Council on 24 November 2004, which directed recoupment of
the funds expended for sponsorship in the AFHPSP. Member did not fulfill
his contractual obligation, and he should be required to reimburse the
government for the funds expended.
AFPC/DPMAF2 complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 29
April 2005 for review and response within 30 days. As of this date, this
office has received no response.
________________________________________________________________
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 reviewing the evidence of
record, we are not persuaded that the applicant’s records are in error or
that he has been the victim of an injustice. It appears the applicant
voluntarily requested to withdraw from HPSP prior to fulfilling his
contract service obligation as established by AFHPSP scholarship program
and, other than his own assertions, the evidence of record did not
substantiate that he was miscounseled or coerced by his commander at the
time he made his decision to withdraw. In addition, the applicant signed a
recoupment statement agreeing to repay the unserved portion of any advanced
education assistance. In regards to the applicant’s desires to serve his
active duty service commitment on active duty rather than paying back the
money, the Board found no evidence that he entered into such an agreement
with the Air Force prior to his voluntary separation. Therefore, we agree
with opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for the conclusion that
the applicant has not been the victim of an error or injustice. In the
absence of evidence to the contrary, 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 issue(s) 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 AFBCMR Docket Number BC-2005-
01077 in Executive Session on 19 July 2005, under the provisions of AFI 36-
2603:
Mr. John B. Hennessey, Panel Chair
Mr. Richard K. Hartley, Member
Ms. Patricia C. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Mar 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAMF2, dated 22 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 29 Apr 05.
JOHN B. HENNESSEY
Panel Chair
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