RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02486
INDEX CODE: 128.10
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: Feb 09, 2009
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Air Force Reserve Officer Training Corps (AFROTC) debt and recoupment
actions be terminated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is contracted into the military (Army Reserves) for six years and is
working towards an officer commission.
In support of his request, the applicant provided a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty, and a copy of a
letter from USAF/A1DO.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Upon entering the AFROTC program, 2 Sep 03, the applicant signed an AF IMT
1056, Air Force Reserve Officer Training Corps Contract, which outlined the
requirements and consequences of the program.
The applicant’s DD Form 785, Record of Disenrollment from Officer Training
Candidate – Type Training, reflects he was disenrolled from the AFROTC
program on 25 Jul 05, for failure to maintain academic retention standards
and breach/anticipatory breach of the AFROTC contract. He received two
“F’s” and had a term GPA of 1.00 for the Fall 04 term. He
breached/anticipatorily breached the AFROTC contract when he changed his
major without AFROTC approval.
Upon disenrollment, the applicant incurred a debt of $15,510. On 17 Aug
05, he was notified of debt collection actions.
In accordance with AFROTC Instruction 36-2015, paragraph 8.1.2, HQ Air
Force ROTC will consider terminating the recoupment debt of disenrolled
cadets who complete two years of continuous active duty service or who
receive an active duty commission. A commission or enlistment in the Guard
or Reserve does not apply unless two years of continuous active duty
service is completed. Termination requests must be submitted no later than
three years from the effective date of disenrollment listed on the
individual’s DD Form 785.
Other relevant facts are outlined in the DFAS-JECC/DE opinion at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-JECC/DE recommends denial of the request. The Code of Federal
Regulation, Book 31, Chapter 9, states, when possible, a debt should be
liquidated in three years or less depending on the size of the debt. Due
to the high dollar amount of most ROTC/ education debts, the Defense Debt
Management System (DDMS) Customer Service will establish a 10-year
repayment schedule if the member makes timely payment arrangements and
abides by the established agreement. The applicant has not made any
voluntary payments or entered into a payment agreement plan. DDMS Customer
Service determined it is not in the best interest of the Government to
suspend collection action on the applicant’s debt. DDMS is in the process
of collecting by involuntarily offsetting the applicant’s Reserve pay.
The DFASPJECC/DE complete 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 10 Aug
07 for review and comment within 30 days. As of this date, this office has
not received a 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 error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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-2007-02486
in Executive Session on 13 September 2007, under the provisions of AFI 36-
2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Ms. Patricia R. Collins, Member
Mr. Mark J. Novitski, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, w/atchs, dated 30 Jul 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, DFAS-JECC/DE, dated 8 Aug 07.
Exhibit D. Letter, SAF/MRBR, dated 10 Aug 07.
PATRICIA J. ZARODKIEWICZ
Vice Chair
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