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AF | BCMR | CY2007 | BC-2007-02486
Original file (BC-2007-02486.doc) Auto-classification: Denied

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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