RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02756
                                        INDEX CODE:  128.02
  XXXXXXXXXXXXXXX                       COUNSEL:  NONE

  XXXXXXXXXX                            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  6 March 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be relieved of his obligation to reimburse the government  for  the  cost
of his education expenses incurred  by  his  attendance  at  the  Air  Force
Academy.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was forced into resigning from the Air Force Academy due to launching  an
IG investigation upon higher ranking officials.  He was denied his right  to
be silent and he discovered forged documents.

The applicant did not provide any evidence to support his application.   The
applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 July 1999, the applicant signed  a  United  States  Air  Force  Academy
(USAFA) Form O-205, Record of  Acceptance,  Obligation,  Reimbursement,  and
Oath of Allegiance.  On 11 March 2003, he voluntarily resigned  as  a  cadet
for “personal reason.”  In his resignation letter, the  applicant  indicated
he understood that if his resignation was approved, he  may  still  have  to
reimburse the Government for the costs of his education.   On  5  May  2003,
the  Deputy  Staff  Judge  Advocate  notified   the   applicant   that   the
Superintendent accepted his resignation and directed that he be  disenrolled
from the USAFA and, ordered  to  reimburse  the  government  $128,554  (plus
interest) for the cost of his  Academy  education.   On  31  May  2003,  the
applicant acknowledged receipt  and  annotated  his  disagreement  with  the
order to reimburse the Government.

On 16 June 2003, a Hearing Officer was appointed to determine  the  validity
of the applicant’s debt and to determine whether the  behavior  forming  the
basis for his disenrollment constituted a voluntary act or misconduct  under
Title 10, United States  Code  (USC),  Section  2005  (a)(3).   The  Hearing
Officer determined that  the  applicant’s  request  was  voluntary  and  his
educational expenses at the Academy in the amount of $128,554 constituted  a
valid debt to the United States Government.  The  Hearing  Officer  provided
the applicant an opportunity to submit matters for his consideration  before
finalizing his findings; however, the applicant did not submit  any  matters
for consideration.  On 18 August 2003, the  Hearing  Officer  submitted  his
recommendation for the Secretary of the Air  Force  (SECAF)  to  affirm  the
debt.  On 5 September 2003, the Superintendent agreed with the  findings  of
the Hearing Officer and forwarded  the  case  file  to  the  Office  of  the
Secretary of the Air Force (SECAF) for further action.  On  9 October  2003,
the SECAF determined the applicant  separation  was  voluntary  as  required
under subsection (a)(3) of Section 2005 of Title 10, USC and he is  required
to reimburse the  United  States  Government  for  the  costs  of  education
expenses incurred by his attendance at the USAFA.

_________________________________________________________________

AIR FORCE EVALUATION:

   USAFA/JA recommends denial  of  the  applicant’s  request.   It  is  JA’s
   opinion there is no question the applicant was aware of  his  obligations
   before he resigned.  There is no evidence he  was  forced  to  resign  by
   anyone  and  he  provides  no  evidence  to   support   his   allegation.
   Additionally, the applicant’s allegations were not  raised  at  any  time
   prior to his application to the Board.  All of the evidence is in support
   of the fact he voluntarily left the Academy to avoid disciplinary actions
   that were pending against him.  He was fully aware of his obligations  to
   the United States Government when he entered the  Academy,  tendered  his
   resignation, and sought discharge.  The applicant should not receive  any
   relief from his indebtedness.  The USAFA/JA evaluation, with attachments,
   is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  7
October 2005 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After reviewing the  evidence  of
record, the Board is not persuaded that the applicant has  been  the  victim
of an error or injustice.  We note the applicant signed a USAFA Form  0-205,
in which he acknowledged his reimbursement obligation should  he  choose  to
resign or fail to complete the educational requirements.   In  addition,  he
acknowledged in his resignation letter, that he  understood  the  government
had the option of requiring him to repay the monetary cost of  the  advanced
education provided to him.  While the applicant asserts  he  was  forced  to
resign, he provides no evidence to support this contention.   Therefore,  we
agree with the opinion  and  recommendation  of  the  Air  Force  office  of
primary responsibility and adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.  Accordingly, we find no compelling basis upon which  to  relieve
the applicant  of  his  obligation  to  reimburse  the  government  for  his
education expenses incurred by his attendance at the USAFA.

_________________________________________________________________

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 21 February 2006, under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Patrick C. Daugherty, Member
                 Ms. Glenda H. Scheiner, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2005-02756
was considered:

     Exhibit A.  DD Forms 149, dated 29 Aug 05.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, USAFA/JA, dated 22 Sep 05, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 7 Oct 05.




                                  RICHARD A. PETERSON
                                  Panel Chair