RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02672
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
Recoupment of his United States Air Force Academy (USAFA)
tuition be waived.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He separated from active duty through the Voluntary Early
Separation Program under the Fiscal Year 2010 (FY10) Force
Shaping Initiative. As a result, he received a debt of
$38,000.00; however, in March 2010, the Air Force changed its
policy waiving recoupment for USAFA graduates that have chosen
to separate early, whether voluntarily or involuntarily.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 1 Mar 10 resignation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant applied for separation in accordance with (IAW)
the FY10 Force Management Program under the Limited Active Duty
Service Commitment (LADSC) waiver program. On 16 Nov 09, his
request was approved with a separation date of 1 Mar 10.
The applicant resigned his commission on 1 Mar 10 under the
provisions of AFI 36-3207, for miscellaneous/general reasons,
with service characterized as honorable. He was credited with
3 years, 9 months, and 1 day of active duty service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial, stating, in part, based on the
documentation on file in the master personnel record, they did
not find any error or injustice in the processing of the
applicants separation from the Air Force. The applicant did
not submit any evidence or identify any errors or injustices in
the discharge processing, nor did he provide any facts to waive
the recoupment of his USAFA tuition.
The Air Force released its Personnel Services Delivery
Memorandum (PDSM), on 25 Mar 10, Expanded FY10 and FY11 Force
Management Program, that provided expanded provisions to waive
recoupment of monetary payments linked to some officer ADSCs
under the LADSC waiver program. Specifically, recoupment was
waived for three of the five years of Service Academy Graduation
and two of the four years for Reserve Officer Training Corps
(ROTC) scholarships. However, the applicant had an existing
approved separation on file which made him ineligible for the
expanded programs.
The complete AFPC/DPSOS evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 Feb 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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
view of the above, and in the absence of evidence he has been
treated differently than others similarly situated, we find no
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(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-02672 in Executive Session on 24 March 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 12 Jan 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 11.
Panel Chair
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