RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02012
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be amended to void the recoupment of her Critical
Skills Accession Bonus (CSAB) for her sponsorship in the Armed
Forces Health Professions Scholarship Program (AF HPSP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She should not be subjected to repay the CSAB. She was forced to
resign due to her medical condition.
In support of her request, the applicant provides an expanded
statement and copies of documents extracted from her military
personnel records and civilian medical records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 Jun 08, the applicant was commissioned as a Second
Lieutenant (2nd Lt) in the Air Force Reserve. On 12 Jun 08, the
applicant signed a contract for entry into the AF HPSP. She also
agreed she would serve four years on active duty and four years
in the Reserve in exchange for the assistance with the cost of
her education. The applicant also agreed that if she were unable
to complete her active duty service commitment for any reason,
she would repay any unearned portion of any benefit, as
determined by the Secretary of the Air Force. She entered the AF
HPSP on 4 Aug 08. Her expected graduation date and completion of
AF HPSP was 31 May 12. The funds that were dispensed for her
medical school education was $84,023.90, which included
$43,764.34 for tuition, books and supplies, and $44,093.00 for
stipends, pays and bonuses, of which $3,833.55 was for active
duty pay and a $20,000 CSAB.
On 2 Jun 09, the applicant was medically disqualified for
continued military service due to her diagnosis of ulcerative
colitis. An administrative discharge action was initiated on
24 Jun 10. On 6 Jul 10, the applicant acknowledged receipt of
the discharge notification. On 3 Aug 10, she elected to tender
her resignation in lieu of entering the Disability Evaluation
System (DES) for a determination of fitness. On 18 Feb 11, the
Secretary of the Air Force approved the applicants resignation
and directed she be honorably discharged with recoupment of only
the CSAB. She was honorably discharged on 25 Feb 11.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPAME recommends denial noting the applicant signed the
CSAB contract acknowledging and agreeing to the terms of the
contract and should be required to reimburse the government for
the CSAB as directed by the Secretary of the Air Force.
The complete HQ AFPC/DPAME evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
She did not willingly terminate her Air Force contract. The Air
Force terminated the contract based on her being found unfit for
continued military service. She is unable to work due to her
condition and cannot afford to repay the CSAB.
The applicants 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. We note
the comments of the Air Force office of primary responsibility
indicating the applicant signed a CSAB contract, thereby agreeing
to its terms, which included recoupment of the bonus if she was
unable, for whatever reason, to complete the term of service
stipulated. Nevertheless, while it appears there was no error on
the part of the Air Force in effecting the applicants discharge
and recoupment of the CSAB, the board majority believes it would
be an injustice to require her to repay the bonus in light of her
diagnosis and its impact on her ability to repay said bonus.
Therefore, in the interests of equity and justice, the board
majority is convinced it would be appropriate to correct the
records as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT, be corrected to show that, upon her
discharge from the Air Force on 25 February 2011, competent
authority waived the $20,000.00 debt related to her receipt of
the Critical Skills Accession Bonus (CSAB).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02012 in Executive Session on 22 Feb 12 under the
provisions of AFI 36-2603
, Panel Chair
, Member
, Member
By a majority vote, the Board recommended granting the requested
relief. voted to deny the request and desires to submit a
Minority Report. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 20 May 11, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, AFPC/DPAME, dated 20 Jun 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11, w/atchs
Exhibit E. Letter, Applicant, dated 6 Jul 11, w/atchs.
Exhibit F. Letter, Minority Report, dated 12 Mar 12.
Panel Chair
AF | BCMR | CY2002 | BC-2002-03145
On 13 Jan 00, HQ ARPC/SGP advised the applicant that review of her physical exam was completed and entries identified a history of migraine headaches that could be disqualifying for military service. The applicant was selected for entry into active duty for an evaluation of this diagnosis to determine if a medically disqualifying condition existed. The transmittal letter also asked the applicant to provide the Board with a copy of her signed HPSP contract.
AF | BCMR | CY2003 | BC-2002-03145
On 13 Jan 00, HQ ARPC/SGP advised the applicant that review of her physical exam was completed and entries identified a history of migraine headaches that could be disqualifying for military service. The applicant was selected for entry into active duty for an evaluation of this diagnosis to determine if a medically disqualifying condition existed. The transmittal letter also asked the applicant to provide the Board with a copy of her signed HPSP contract.
AF | BCMR | CY2008 | BC-2006-00282
The record demonstrates that she has secured full time employment in the medical career field for which the Air Force funded her education and training. Under the contract HPSP reimbursement would be triggered if the applicant were unable to complete her medical education program or commence the period of ADSC, failed to meet applicable Air Force physical procurement standards, or was involuntarily separated because her retention was no longer clearly consistent with the interest of...
AF | BCMR | CY2004 | BC-2003-04303
The initial action, taken by the Air Force, in disqualifying her from the scholarship program required her to drop out of medical school and resign her commission. On 19 November 1999, the applicant’s 30 August 1999 resignation was accepted by the Secretary of the Air Force Personnel Council (SAFPC). It was only after she informed the Air Force of her decision to drop out of medical school that she was told she could not be discharged for depression and that the information and guidance...
AF | BCMR | CY2003 | BC-2002-01710
The Secretary certainly would not be authorized to include a provision in the contract that provided for recoupment in cases where an officer was involuntarily discharged for medical reasons when the statute otherwise provides that such discharge must be on the basis of a voluntary failure to complete active duty or because of misconduct. Finally, counsel discusses HQ USAF/JAG’s position that paragraph 6(b) of the HPSP contract controls regardless of the reason for disqualification, the...
AF | BCMR | CY2009 | BC-2008-00904
_________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The SAF/MRB (Legal Advisor) notes the DoD guidance, dated 18 Sep 07, clearly states “that where the inability to serve was due to medical conditions beyond the member’s control recoupment would not be sought.” Applicant’s case was considered in Jan 07 under the stricter guidance dated 8 Apr 05, but counsel argues that the Board should follow the Sep 07 guidance and find the Jan 07 decision...
AF | BCMR | CY2005 | BC-2001-00295
The applicant’s rebuttal, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, General Law Division, HQ USAF/JAG, noted that Section 2005 provides for recoupment if a member fails to complete the ADSC voluntarily or due to misconduct. On 14 Aug 01, DFAS-POCC/DE advised the applicant that, based on her placement on the TDRL, it was inappropriate at this time to recoup monies which might not be owed if...
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Physician Education Branch, HQ AFPC/DPAME, reviewed this application and states that applicant signed her Health Professions Scholarship Program Contract (HPSP), thereby agreeing to the terms of the contract. Thus, by reports or physical examination required by the service, with results known to the service, the service in 1987 and again in 1989 knew of applicant’s endometriosis and further...
AF | BCMR | CY2005 | BC-2005-01606
The Board majority considered granting service credit for the period of 14 Feb 03 through 22 Oct 03, but agreed with the Air Force that since he was officially in a training status during the period 14 Feb 03 through 30 Jun 03, credit should not be applied to that period. Accordingly, the Board majority recommends his records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the...
_________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 29 Dec 00 for review and response within 30 days. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that competent authority deferred until 1 January 2003, the...