RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-05069 

 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

His debt to the government in the amount of $9,308.39 be waived. 

 

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APPLICANT CONTENDS THAT: 

 

An unjust debt was levied upon him for recoupment of a pro-rata 
share of the scholarship he was awarded for participation in the 
Air Force Reserve Officer Training Corp (AFROTC) program. The 
debt is unjust for the following reasons: 

 

 1. He was involuntarily separated from service. His strong 
desire was to pursue a career in the Air Force and fulfill his 
obligation. 

 

 2. He believes the Air Force’s decision to separate him should 
relieve him of any further obligation. A review of his military 
record will reveal no record of misconduct or negative report of 
any kind. 

 

 3. Due to his unexpected separation, he is not financially 
capable of reimbursing the government. Due to his pending 
separation he will soon be without a job and the means to meet his 
current obligations. 

 

 4. The money that is being sought was awarded to him as a 
scholarship to help him complete AFROTC and earn his college 
degree, which he did. He understands the funds were contingent on 
his completing his obligation to the Air Force; however, it was 
the Air Force’s choice to deny his request for reassignment. 

 

The applicant’s complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The applicant entered into a AFROTC contract on 28 Aug 08 and was 
awarded a 2.5 year scholarship to pay his education costs. In the 
contract the applicant agreed to a basic active duty service 


commitment (ADSC) of four years from the date of entry on active 
duty unless accepted into undergraduate pilot or navigation 
training or other programs requiring additional ADSC, in which 
case his ADSC would be extended as permitted by law and Air Force 
instructional guidance. The applicant was subsequently appointed 
as a second lieutenant in the Reserve of the Air Force effective 
8 May 10. The applicant entered active duty on 17 May 10 and 
entered undergraduate pilot training (UPT) on 6 Jun 11, incurring 
an ADSC of 10 years from the date of award of rating to run 
concurrently with the ADSC incurred from date of appointment. On 
7 Jul 11, the applicant executed a “drop on request” action and 
was eliminated from UPT. 

 

On 7 Sep 11, the applicant signed a “Officer Initial Skills 
Training Eliminee Acknowledgement and Indication of Choice” 
statement indicating his understanding that the Air Force might 
retain him and reclassify him based on Air Force needs and that if 
retained he would accept the Air Force Specialty Code selected for 
him. However, if there was not an Air Force need to retain him, 
in accordance with Title 10, U.S.C., Section 630, he understood 
the Air Force could involuntarily discharge him. He acknowledged 
his understanding of his choice of wanting to be reclassified or 
not wanting to be reclassified. The applicant indicated that 
after reading the statement, he still wanted to be reclassified. 

 

The applicant also signed a recoupment statement indicating that 
he understood that if he was separated, before completing the 
period of active duty he agreed to serve; as a result of being 
eliminated from initial skills training (IST) course (whether 
self-initiated or involuntary, and whether before or after the 
start of training) he might be subject to recoupment of a portion 
of education assistance, special pay, or bonus money received. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIP indicates that the applicant’s case was properly 
handled and the decision to recoup a pro rata share of his 
educational assistance is appropriate. 

 

On 9 Apr 10, SAF/MRB delegated to AFPC/CC authority to approve 
discharge of probationary officers who do not complete IST and 
when there is no requirement for the officer’s continued service. 
The authority included directing recoupment of unearned portions 
of bonuses, special pay, and education benefits or stipends as 
well as waiving recoupment action involving amounts less than 
$500. 

 

As a default, Title 10 U.S.C., Section 2005 requires recoupment of 
the pro-rata share of unearned portion of his ADSC for his AFROTC 
education. The only way recoupment may be waived is if the 
inability to complete his ADSC is beyond his control. The 
applicant’s inability to fulfill his ADSC for the career field for 


which he was brought on active duty is considered within his 
control due to his decision to self-eliminate from UPT. 

 

AFPC/DPSIP’s complete evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the evaluation by AFPC/DPSIP was forwarded to the 
applicant on 10 Feb 12 for review and comment within 30 days 
(Exhibit D). To date, a response has not been received. 

 

_________________________________________________________________ 

 

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 the applicant has not 
been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to recommend 
granting the relief sought in this application. 

 

_________________________________________________________________ 

 

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-2011-05069 in Executive Session on 14 Jun 12, under the 
provisions of AFI 36-2603: 

 

 , Vice Chair 

 , Member 

 , Member 

 

 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-05069 was considered: 

 

 Exhibit A. DD Form 149, dated 19 Dec 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIP, dated 31 Jan 12. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12. 

 

 

 

 

 

 Vice Chair