Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2004-00666A
Original file (BC-2004-00666A.doc) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00666
            INDEX NUMBER:  128.10
      XXXXXXX    COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His indebtedness to  the  government  resulting  from  his  Air  Force
Reserve Officer Corp scholarship (AFROTC) be cancelled.

In his rebuttal  to  the  Air  Force  evaluation  at  Exhibit  I,  the
applicant requests that if his debt is not cancelled, it be placed  on
hold until he has the opportunity to send his DD Form 214 in  to  show
that he has completed two full years of active duty service.

_________________________________________________________________

RESUME OF CASE:

On 24 Jun 04, the Board considered and denied the applicant’s  request
essentially as stated above (Exhibit E).  In a DD Form 149,  dated  21
Jan 07, the applicant states that none of his debt has been  cancelled
despite his having served three  years  on  the  Army  National  Guard
(Exhibit F).  The applicant contends he was  advised  by  the  Defense
Finance and Accounting Service (DFAS) that if he provided evidence  of
having served as an officer in the military,  he  could  apply  to  HQ
AFROTC for immediate termination of  his  debt.   He  states  that  HQ
AFROTC denied his request for debt cancellation although he has served
three years in the Army National Guard (ANG).

The applicant states he is preparing for deployment to Iraq  and  will
have a difficult time supporting his family  if  he  has  to  continue
paying his  debt.   He  requests  the  Board  consider  the  following
options:

        a.  The Board decrease his debt by a substantial amount so  he
can continue to serve in the ANG and support his family.

        b.  The Board put his  debt  on  hold  indefinitely  until  he
submits proof of his deployment to “war” with the ANG.

In support of his request for reconsideration, the applicant  provides
a signed statement, copy of a letter from DFAS, a copy of  the  denial
of his request for termination of debt from HQ AFROTC, copies  of  pay
documents, and a photo copy of his ID card  reflecting  his  grade  as
second lieutenant in the US Army (Exhibit F).

_________________________________________________________________

AIR FORCE EVALUATION:

AFOAT/JA recommends denial of the requested relief.  .

The applicant contends his debt to the government should be terminated
because he has served three years in the ANG.  He provides evidence to
show he is assigned to the ANG and served an active duty training tour
from 6 Aug 06 through 31 Jan 07.  In accordance with AFROTCI  36-2015,
AFROTC Contract  Cadet  Disenrollment,  Chapter  8,  Paragraph  8.1.2,
“Termination of  Scholarship  Recoupment,”  HQ  AFROTC  will  consider
terminating the recoupment debt of disenrolled cadets who  complete  2
years of continuous enlisted active duty service  or  who  receive  an
active duty commission.  A commission or enlistment in  the  Guard  or
Reserves does not apply unless two years  of  continuous  active  duty
service is completed.   The  applicant  has  not  provided  sufficient
evidence to warrant approval of his request.

The complete evaluation is at Exhibit G.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation,  the  applicant  requests
changes be made in the wording of the evaluation.  He  reiterates  his
request for cancellation of his debt.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again considering  the  original  evidence  of  record  and  the
applicant’s new submission, the Board still does  not  find  that  the
applicant has been the victim of  an  error  or  injustice.   In  that
regard, we agree with the determination of the  Air  Force  office  of
primary responsibility that the applicant has not submitted sufficient
evidence that he has completed two years  of  continuous  active  duty
service, which is required for HQ AFROTC to consider  terminating  his
debt.  Regarding the applicant’s request that his debt  be  placed  on
hold, this request is outside the purview of this  Board.   Therefore,
in the absence of evidence to the contrary, we again  do  not  find  a
basis for granting the requested relief.

_________________________________________________________________

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 Docket  Number  BC-2004-
00666 in Executive Session on 29 March 2007, under the  provisions  of
AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Kathleen F. Graham, Member
      Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit E.  ROP, dated 19 Aug 04, w/atchs.
    Exhibit F.  DD Form 149, dated 21 Jan 07, w/atchs.
    Exhibit G.  Memorandum, AFOATS/JA, dated 15 Feb 07.
    Exhibit H.  Letter, SAF/MRBR, dated 23 Feb 07.




                                   LAURENCE M. GRONER
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-00666

    Original file (BC-2004-00666.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00666 INDEX NUMBER: 110; 128.10 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge from the Air Force for fraudulent enlistment be voided. _________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged for fraudulent enlistment...

  • AF | BCMR | CY2005 | BC-2005-02876

    Original file (BC-2005-02876.doc) Auto-classification: Denied

    On this same date, his commander approved his request and advised the applicant of the consequences of his request. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states he made a verbal request for a medical waiver or a possible change in degree program. Therefore, after reviewing all the evidence provided, the Board is not persuaded the applicant’s rights were violated, or that he was treated any differently than...

  • AF | BCMR | CY2004 | BC-2001-00122

    Original file (BC-2001-00122.doc) Auto-classification: Denied

    On 20 May 97, the applicant was advised in writing of HQ AFROTC’s decision, and notified that he would be required to complete the PFT, 1.5 mile run, and meet weight and body fat standards for commissioning. In regards to the applicant’s allegation that the debt of $77,000 is disproportionate, he states that maintaining body fat standards is a training requirement specified in the AFROTC contract. Counsel also asserts that AFOATS/JA glosses over the fact that when the applicant was weighed...

  • AF | BCMR | CY2006 | BC-2006-02040

    Original file (BC-2006-02040.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02040 INDEX CODE: 100.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 9 November 2007 ________________________________________________________________ APPLICANT REQUESTS THAT: The debt incurred as a result of his disenrollment from the Air Force Reserve Officer Training Corps (AFROTC) be waived. On 1 August 2005, his detachment commander advised him...

  • AF | BCMR | CY2006 | BC-2005-03735

    Original file (BC-2005-03735.doc) Auto-classification: Approved

    It would also allow the Air Force to determine if he was fit for continued military service and to take the appropriate action. They further noted the applicant claimed that his medical condition began while he was on active duty. Additionally, we note that even though the final decision of AFROTC headquarters was to disenroll him, his AFROTC Detachment commander had recommended he be returned to active duty so he could possibly receive medical attention for his illness.

  • AF | BCMR | CY2006 | BC-2006-02408

    Original file (BC-2006-02408.DOC) Auto-classification: Denied

    Applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states through her grandfather she was medically qualified for a commission in the Air Force, based on the physical examination conduced on 16 January 2004. Exhibit D. Letter, Applicant’s Grandfather, undated.

  • AF | BCMR | CY2007 | BC-2006-00709

    Original file (BC-2006-00709.DOC) Auto-classification: Denied

    During the second semester of his sophomore year, he was advised that the Air Force budget had been cut and that a program had been instituted to transfer Air Force cadets to the Army Corp. He met the board and was notified on 21 March 2005 that he did not receive an Enrollment Allocation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or...

  • AF | BCMR | CY2003 | bc-2002-02911

    Original file (bc-2002-02911.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2002-02911 INDEX CODE 100.00 COUNSEL: None HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: His reason for disenrollment from the Air Force Reserve Officer Training Corps (AFROTC) be changed to “Cadet is disenrolling on grounds of his homosexuality and the military’s current stance on...

  • AF | BCMR | CY2005 | BC-2005-00103

    Original file (BC-2005-00103.DOC) Auto-classification: Approved

    He believes it was wrongful for HQ AFROTC to proceed with his disenrollment and recoup his scholarship. _________________________________________________________________ AIR FORCE EVALUATION: HQ AETC/SGPS recommended denial noting that, on 14 May 02, the applicant completed his initial Department of Defense (DoD) Medical Examination Review Board (DODMERB) Scholarship examination and on his history form he checked “No” regarding any “bedwetting after age 12” and did not mentioned these...

  • AF | BCMR | CY2005 | BC-2004-02200

    Original file (BC-2004-02200.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02200 INDEX CODE: 108.00 XXXXXXXXXXXXXXXXX COUNSEL: Mr. Douglas H. Kohrt XXXXXXXXXXXXX HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her records, specifically her DD Form 785, Record of Disenrollment from Officer Candidate-Type Training, Section IV, be changed from “Definitely Not Recommended” to “Highly...