RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01851
            INDEX CODE:  128.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  15 DEC 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

Her debt she incurred as a result  of  her  early  separation  from
active duty be waived.

___________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of her separation request, Air Force Force Shaping  and
Limited Active Duty Service Commitment (ADSC) waiver specified that
Tuition Assistance would be  waived  for  officers.   Although  her
separation was not approved under the Force  Shaping  Program,  the
existence of  this  program  during  the  time  she  was  medically
disqualified, limited her attempts to retrain into  another  career
field.  She  noted,  members  of  her  year  group  and  Air  Force
Specialty Code (AFSC)  were  eligible  to  receive  both  voluntary
separation pay and Tuition Assistance  waiver  under  the  program.
She now requests the same  consideration  be  given  to  waive  her
Tuition Assistance.

Applicant has served both  as  a  pilot  and  a  protocol  officer,
serving in multiple deployments  in  support  of  both,  Operations
ENDURING and IRAQI FREEDOM,

In support of her appeal, applicant submitted a personal statement;
email correspondence; Tuition Assistance course  printout;  Defense
Finance and  Accounting  Service  (DFAS)  Notification  ltr,  dated
17 May 07, and extracts from her military personnel record.

Applicant’s complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 18 Jul 01.  She was  progressively
promoted to the rank of captain  with  a  date  of  rank  (DOR)  of
19 Jun 05.

On 11 Feb 05, applicant  was  medically  disqualified  from  flying
duties and assigned to Duties Not Involving  Flying  (DNIF)  for  a
period of 365 days.  On 27 Mar 06, she was permanently disqualified
from flying duties.  At the time,  applicant  was  serving  in  Air
Force Specialty Code (AFSC) of 11M2K as a C-17 pilot.

According to  the  Military  Personnel  Data  System  (MilPDS),  on
11 Aug 06, applicant requested  separation  under  the  FY07  Force
Shaping  Program.   Specifically,  applicant  requested  separation
under the Voluntary Separation Pay (VSP)  incentive;  however,  her
application was disapproved based on manning shortage.

On  28  Sep  06,  applicant  submitted   a   voluntary   separation
application under  the  provisions  of  AFI  36-3207,  para  2.4.17
(miscellaneous reasons) to be effective 18 Jul 07.

On 8 Nov 06, the Secretary  of  the  Air  Force  Personnel  Council
(SAF/PC) approved applicant’s request for voluntary separation  for
miscellaneous  reasons  and  directed  she  be  released  effective
18 Jul 07.  The Secretary further  determined  that  applicant  was
required to reimburse the US Government for the pro rata  share  of
her Tuition Assistance.

On 9 Nov 06, applicant requested her previously approved  voluntary
separation date of 18 Jul 07, be moved  to  an  earlier  separation
date of 1 Mar 07.

On 7 Dec 06, SAF/PC approved applicant’s  request  to  curtail  her
established Date of Separation (DOS) to 1 Mar 07.  The approval  of
this request did not excuse any indebtedness to the US Government.

On 1 Mar 07, applicant was honorably released from active duty  and
transferred to the US Air Force Reserve, under  the  provisions  of
AFI 36-3207, with a reason for separation of  miscellaneous/general
reasons.  She was credited with 5 years, 7 months, and 14  days  of
active duty service during this period.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial,
stating, in part, the voluntary application for  separation,  dated
28 Sep 06, was not submitted under the FY07 Air Force Force Shaping
Program/Limited ADSC Waiver  Program.   She  was  not  eligible  to
submit an application under this program based on the matrix making
her Air Force Specialty ineligible due to manning shortages.

The discharge was consistent with the  procedural  and  substantive
requirements  of  the  discharge  regulation  and  was  within  the
discretion of the discharge authority.  Applicant provided no facts
warranting  a  waiver  of  her  requirement  to  reimburse  the  US
Government for the Tuition Assistance received.

HQ AFPC/DPPRS’s complete evaluation with attachments is at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided additional comments relating to the condition of
her separation; specifically, she addressed the  circumstances  and
timing of her separation, to dispute the assertion that a waiver of
Tuition Assistance establishes a precedent, and  to  emphasize  the
fact that she continues to serve in the Air Force Reserve.

Applicant’s complete response, with attachment, is at Exhibit E.

___________________________________________________________________

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 error or injustice.  Although the FY07
Air Force Force Shaping Program/Limited  ADSC  Waiver  Program  did
fully waive the ADSC for Tuition Assistance, the applicant  applied
for voluntary separation under the provisions of AFI 36-3207, para.
2.4.17., for miscellaneous reasons.  Upon approval from SAFPC,  she
was directed to reimburse the US Government the pro rata  share  of
her  Tuition  Assistance.   While  we  considered   the   arguments
presented by the applicant, we found no evidence that her voluntary
separation, which resulted in the debt at issue,  was  contrary  to
the governing instructions and laws in effect at the time  or  that
she has been treated differently than  others  similarly  situated.
Therefore, based on the foregoing, we are not  persuaded  that  the
applicant has been the victim of  either  an  error  or  injustice.
Consequently, 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   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 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-2007-01851 in Executive Session on 17 October  2007,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jun 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 22 Jun 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.
    Exhibit E.  Letter, Applicant, dated 8 Aug 07, w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair