RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02064 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. He be released from recoupment of his debt from his Air Force 
Reserve Officer Training Corps (AFROTC) Scholarship contract. 

 

2. He be transferred to the Individual Ready Reserve (IRR) 
effective upon his release and separation from Active Duty. 

 

3. He be refunded the premiums he paid into the Montgomery GI 
Bill (MGIB) program. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He performed his duty to his country, and is more than willing to 
serve his commitment. 

 

On 10 May 10, he met a classification board to be placed into a 
new Air Force Specialty Code (AFSC). The Board chose to separate 
him and charged him over $33,000.00 for time not served on his 
AFROTC scholarship. Prior to meeting the board, he was given the 
choice to separate, go blue to green, or stay in the Air Force 
and reclassify into a new AFSC. He chose to stay in the Air 
Force and reclassify. Due to these circumstances, he should not 
have to pay the Air Force when it was their choice to not let him 
complete his service commitment. 

 

He should have been placed in IRR because of his willingness to 
serve. He would like to continue his service in the Air National 
Guard or the Air Force Reserve. Placing him in the IRR will 
allow him to serve out the time owed to the Air Force. The Air 
Force ended his service; he should not be held financially 
responsible by having to pay back the scholarship money for time 
not served. 

 

He was forced to pay into the MGIB and due to the Air Force 
releasing him prior to him serving his commitment; he is not 
eligible to receive the benefits. MGIB payments have been taken 
from his pay every month since entering Active Duty. He did not 
have a choice and was not allowed to stop the payments. 

 

In support of his request, the applicant provides a personal 
statement. 

 

The applicant's complete submission, with attachment, is at 
Exhibit A. 


 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 4 May 07, the applicant enlisted as an airman first class 
(E-3), at the same time he entered into a 2 1/2 year AFROTC 
program at Auburn University. 

 

On 8 May 09, the applicant was commissioned in the Air Force 
Reserve in the grade of second lieutenant. 

 

The applicant signed an AF Form 1056, Air Force Reserve Officer 
Training Corps (AFROTC) Contract, as an Officer Candidate/Pilot. 

 

While awaiting Undergraduate Pilot Training (UPT) he was cited 
for driving under the influence (DUI). 

 

On 21 Dec 09, the applicant received a Letter of Reprimand (LOR) 
for his DUI arrest on or about 18 Oct 09. 

 

On 20 Jun 10, the applicant was honorably discharged. 

 

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force at Exhibit C and D. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIP recommends denial of the applicant’s request for 
waiver of the recoupment of the unserved active duty service 
commitment (ADSC) associated with his AFROTC scholarship. 

 

DPSIP states the applicant’s elimination from training and 
resulting inability to fulfill his ADSC was within his control 
and his requirement to repay the government the pro-rata share of 
his unserved ADSC should remain in effect in accordance with 
Title 10, United States Code (U.S.C.), Section 2005. 

 

Per Title 10, USC, the Air Force is required to recoup the pro-
rata share of the applicant’s unserved ADSC associated with his 
ROTC scholarship. If his inability to complete the ADSC was 
deemed not within his control, the Secretary of the Air Force 
(SECAF) has the legal authority to waive recoupment. However, 
his actions while awaiting assessment onto active duty drove the 
elimination from training and thus were completely within his 
control. As a result, he was directed to repay the pro-rata 
share of the unserved ADSC associated with his scholarship. 

 

The complete DPSIP evaluation is at Exhibit C. 

 

AFPC/DPSI recommends denial of the applicant’s request for a 
refund of the premiums paid for MGIB benefits. 

 


DPSI states the applicant offers no evidence of a government 
error that caused him not to decline participation. The Law, as 
it is written, does not allow for any contributions to be 
refunded regardless of whether benefits are used or not. There 
is no record of the applicant taking the action to decline 
participation. 

 

The MGIB provides benefits for a variety of education and 
training programs. The law stipulates that all MGIB-eligible 
individuals are automatically enrolled in the MGIB upon entering 
active duty and are given a one-time opportunity to disenroll 
should they desire not to participate in the program. Eligible 
applicants may disenroll within two weeks of entering active duty 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 6 May 11, copies of the Air Force evaluations were forwarded 
to the applicant for review and comment within 30 days. To date, 
a response has not been received (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 that would 
warrant corrective action. We took notice of applicant's 
complete submission in judging the merits of the case; however, 
we agree with the opinions and recommendations of the Air Force 
offices of primary responsibility and adopt their rationale as 
the basis for our conclusion that the applicant has failed to 
sustain the burden of proof of the existence of either an error 
or injustice in this case. After reviewing all the evidence 
provided, we are not persuaded the applicant’s rights were 
violated, that the debt was inappropriately established or that 
the applicant has been treated differently than similarly 
situated individuals. Regarding his request that he be placed in 
the IRR based on his willingness to serve, the applicant was 
discharged in accordance with the governing law and regulations. 
In addition, the applicant contends he should be refunded the 
premiums he paid into the MGIB; however, we note that the law 
precludes the refund of MGIB premiums whether benefits are used 
or not. In view of the above, and finding no evidence to dispute 
the recommendations of the Air Force, we conclude the applicant 
has not suffered from an error or injustice. Therefore, we find 
no basis to recommended 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-2010-02064 in Executive Session on 25 Oct 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 2 Jun 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIP, dated 28 Feb 11. 

 Exhibit D. Letter, AFPC/DPSI, dated 15 Apr 11. 

 Exhibit E. Letter, SAF/MRBR, dated 6 May 11. 

 

 

 

 

 

 Panel Chair