RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01606
            INDEX CODE:  128.10
            COUNSEL:  NONE
            HEARING DESIRED:  YES

      MANDATORY CASE COMPLETION DATE: 16 Nov 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

The amount of recoupment  for  sponsorship  in  the  Armed  Services  Health
Professions Scholarship Program (HPSP) be corrected to  reflect  a  debt  of
$91,281.00, rather than $109,978.92.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His training officially ended on 14 Feb  03  and  he  was  assigned  as  the
squadron's administrative officer until 22  Oct  03.   He  did  not  receive
credit for that period.  He understands time  in  training  does  not  count
towards payback, but on 14 Feb 03 he  was  taken  off  training  status  and
continued serving on active duty.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on  27
Mar 98.  He was sponsored through  HPSP  at  Western  University  of  Health
Sciences from 1998 through 2002.  He applied and  was  selected  for  Family
Practice from 1 Jul 02 to 30 Jun 05 at Malcolm Grow Medical Center.   On  15
Oct 02, he submitted a request for resignation  effective  30  Jun  03  upon
completion of his first year of Family Practice.  His request was  approved.
 On 17 Mar 03, he requested his resignation be effective  immediately.   His
request was disapproved.

On 16 Jun 03, a Medical Evaluation Board (MEB)  convened  and  referred  his
case to a  Physical  Evaluation  Board  (PEB)  with  a  diagnosis  of  major
depressive disorder.  On  22  Jul  03,  the  PEB  determined  his  condition
existed prior to service (EPTS)  and  recommended  he  be  discharged.   The
applicant agreed with the findings and recommended disposition of  the  PEB.
He was medically discharged effective 22 Oct 03 and  recoupment  action  was
initiated.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAME recommends denial.  DPAME states he had an  approved  resignation
date after his first year in  Family  Practice  effective  30  Jun  03.   He
remained in training status until 30 Jun 03.  No credit  can  be  given  for
time served while in training status.   During  the  period  of  14  Feb  03
through 22 Oct 03, he was in training  and  he  should  not  receive  credit
towards his active duty service  commitment.   He  was  not  in  a  training
status from 1 Jul 03 through 22 October 03, but  he  was  not  qualified  to
serve as a physician, which is the intent of his  contract.   Therefore,  he
should not receive credit  for  service  towards  his  active  duty  service
commitment for either of these periods.

The DPAME 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 27  May
05 for review and comment 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice  warranting  corrective  action.   Applicant
states since he was not  in  training  but  was  performing  duties  in  the
capacity of a Squadron Administrative Officer,  he  should  receive  service
credit for that period towards his active  duty  service  commitment  (ADSC)
and his indebtedness should be adjusted accordingly.   After  reviewing  the
evidence of record it is the Board majority's opinion that  some  corrective
action is warranted.  In this respect,  the  Board  majority  believes  that
since the applicant was officially removed from  training  effective  1  Jul
03, the time he served until his separation on 23 Oct 03 should  be  applied
towards his ADSC.  The Chief, Physical Education Branch, opines  that  since
he was not qualified to serve as a physician, which was the  intent  of  his
HPSP contract,  he  should  not  receive  the  credit.  However,  the  Board
majority believes that the applicant provided service to his  nation  during
that period, and regardless of  the  capacity  of  his  service,  he  should
receive credit.  The Board majority considered granting service  credit  for
the period of 14 Feb 03 through 22 Oct 03, but agreed  with  the  Air  Force
that since he was officially in a training status during the period  14  Feb
03 through 30  Jun  03,  credit  should  not  be  applied  to  that  period.
Accordingly, the Board majority  recommends  his  records  be  corrected  as
indicated below.

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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that the period 1  July  2003  through  22
October 2003  is  creditable  time  served  towards  his  Air  Force  Health
Professions Scholarship Program service obligation and his  indebtedness  to
the government be adjusted accordingly.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
01606 in Executive Session on 29 Jun 05, under the  provisions  of  AFI  36-
2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Ms. Jan Mulligan, Member
      Ms. Patricia A. Robey, Member

By a majority vote the Board voted  to  partially  correct  the  applicant's
records.  Ms. Mulligan, voted to  deny  his  request  in  its  entirety  and
elected  not  to  submit  a  minority  report.   The  following  documentary
evidence was considered:

    Exhibit A.  DD Form 149, dated 9 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAME, dated 20 May 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 27 May 05.




                                   GREGORY H. PETKOFF
                                   Panel Chair

AFBCMR BC-2005-01606




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  the  period  1  July  2003
through 22 October 2003 is creditable time  served  towards  his  Air  Force
Health  Professions  Scholarship  Program   service   obligation   and   his
indebtedness to the government be adjusted accordingly.








                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency