ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00975
INDEX CODE: 128.10
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
__________________________________________________________________
APPLICANT REQUESTS THAT:
His United States Air Force Academy (USAFA) debt be waived or eliminated.
__________________________________________________________________
STATEMENT OF FACTS:
On 22 Oct 08, the Board considered and denied (AFBCMR Docket Number BC-2007-00975) pertaining to the applicant, in which he requested his USAFA debt of $123,912 be waived. For an accounting of the facts and circumstances surrounding the applicants request, and the rationale for the earlier decision of the Board, see the Record of Proceedings, with attachments, at Exhibit F.
By letter, undated, the applicant requests reconsideration of his request, contending he has served on active duty in the United States Army for over three years.
In support of the appeal, the applicant submits copies of DD Forms 149, Application for Correction of Military Records, personal statements, a letter from his commander, his identification card, an enlisted record brief, and enlistment documents.
The applicants complete submission, with attachments, is at Exhibit G.
__________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant approving the applicants request. In this respect, we note in his previous application he requested that his service in the Army National Guard (ANG) be substituted for his financial obligation to reimburse the government for his education cost at the AFA. An advisory prepared by USAF/JAA recommended denial and stated the statute provides for recoupment via service on active duty and noted that State ANG service was not Federal service. JAA also stated there was no enforceable way to ensure the applicant would remain in the ANG long enough to fulfill the service obligation. After reviewing all the facts and circumstances of the applicant's case, the Board agreed with JAA and denied the applicants request. The Board advised the applicant they would be willing to reconsider his request upon the completion of three years of active duty service. Since that time the applicant has successfully completed over three years of active duty service in the United States Army and now satisfies the federal service requirement. Accordingly, we believe it would be an injustice for him to continue to suffer the adverse effects of the AFA debt. In view of the above, we recommend his records be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 29 January 2007, competent authority waived recoupment for his Air Force Academy education, in the amount of $123,912, and no debt was established.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2009-00975 in Executive Session on 23 November 2010, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 16 Dec 08, w/atchs.
Exhibit F. DD Forms 149, dated 22 Jun 09 and 10 Dec 09,
w/atchs.
Panel Chair
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