RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02552

			COUNSEL:  NONE

			HEARING DESIRED:  YES


________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His grades be updated in his official records to reflect 
timely completion of three on-line courses he took using funding 
from Tuition Assistance (TA).
 
2.  He be reimbursed the $2,824.35 which were garnished from his 
taxes because he had not submitted his final grades after 
completing these courses.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He never provided his grades for these courses because no one 
ever told him he had to.  From 3 Sep 03 through 3 Apr 04 he took 
three on-line courses from John’s Hopkins University (JHU): 
Local Area Networks, Network Programming, and Cryptology.  When 
he was medically discharged in 2005, the Education Officer said 
he was in good standing.  He only discovered that he had to 
submit his grades himself after his taxes were garnished seven 
years after his discharge.  

In support of his request, the applicant provides copies a 
letter from the Defense Finance and Accounting System (DFAS) 
forwarded by Senator Barbara Mikulski, a letter from SAF/LL, 
forwarded by Congressman John Sarbanes, his DD Form 214, 
Certificate of Release or Discharge from Active Duty, and an 
excerpt from his transcripts from JHU.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant initially entered active duty on 27 Sep 01.

Based upon the information provided by the applicant:

The applicant signed up for a Local Area Networks course with 
JHU starting 20 Jan 03 and ending 18 Dec 03, for which the 
government portion of the cost was $1,500.  The applicant failed 
to provide a grade in a timely manner therefore, reimbursement 
action was initiated.  

The applicant signed up for the Network Programming and 
Cryptology courses with JHU starting 20 Jan 04 and ending 
18 Dec 03, for which the government portion of the cost was 
$2,000.  Again, the applicant failed to provide a grade in a 
timely manner therefore, reimbursement action was initiated. 

On 22 Apr 05, the applicant received a disability discharge with 
severance pay, and was credited with 3 years, 9 months, and 
14 days of total active service.  

The Defense Finance and Accounting Service (DFAS) attempted to 
contact the applicant at his last known address at the time of 
his separation.  Unfortunately, it appears he had moved.

Recoupment of tuition assistance funds from the applicant was 
initiated on 1 Dec 09.  

The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force offices of 
primary responsibility which are included at Exhibit C and D.

________________________________________________________________

AIR FORCE EVALUATION:

AF/A1DL indicates that while they cannot add any additional 
information or recommendation, the appropriate response was 
provided in the letters from Representative Sarbanes and Senator 
Mikulski, both of which indicate the reimbursement action was 
correct.  The action taken was IAW AFI 26-2306, Voluntary 
Education, as the member acknowledged his responsibility 
regarding grades on each AF Form 1127, Tuition Assistance 
Request, by signing the following statement: “I agree that no 
changes will be made in the above course or dollar amount 
without the approval of the issuing education center staff, 
otherwise, I will pay the difference to the Air Force and/or the 
school.  I understand that the Air Force will pay 100% of my 
tuition and fees up to $250 per semester hour and $166.66 per 
quarterly hour.  I understand that my annual fiscal year CAP is 
$4,500.  I agree to pay the remaining amount and any other costs 
and fees.  IAW AFI 36-2306, I will reimburse the Total 
Government Cost above for non-completions, withdrawals, or 
unsatisfactory grades due to reasons within my control.  I 
hereby voluntarily authorize the amount to be withdrawn from my 
pay if it is determined that my failure to complete the course 
was not due to circumstances beyond my control.  I authorize the 
release of academic information (course grades, completion 
status) by the above institution to the Air Force (PL 93-568).”

A complete copy of the AF/A1DL evaluation is at Exhibit C.

AFPC/DPSIT recommends denial.  A review of the applicant’s 
education records reveals that recoupment of education funds was 
indeed started on 1 Dec 09 after the member separated in 2005.  
At this time, the Air Force was transitioning into Air Force 
Automated Education Management System (AFAEMS) and paper records 
were given back to members, therefore, it would be hard to 
determine if an error or injustice occurred on the part of the 
member or on the part of the Air Force in not notifying the 
member in a timely manner.  DFAS was the processing office 
responsible for the collection of debt.  IAW DoDFMR, Volume 5, 
Chap 28, Paragraph 280808B2g:  “The debtor’s failure to respond 
will result in processing the administrative offset.”  DFAS made 
every attempt to contact the applicant prior to taking the 
money, but to no avail.  Recommend the Air Force not reimburse 
the applicant.   

A complete copy of the AFPC/DPSIT evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 23 Oct 12 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 not timely filed; however it is in the 
interest of justice to excuse the failure to timely file. 

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  After a 
thorough review of the evidence of record and the applicant’s 
complete submission, we believe the applicant has provided 
sufficient evidence to raise reasonable doubt as to whether or 
not he was given a fair opportunity to resolve his tuition 
assistance debt prior to his separation.  While AF/A1DL 
indicates the applicant acknowledged his responsibility 
regarding submittal of grades, we note that rather than 
requiring the applicant to provide his final course grades 
himself, the statement he signed actually authorized the release 
of his academic information (course grades, completion status) 
to the Air Force by the academic institution.  Moreover, we are 
not convinced the applicant met the criteria listed in the 
agreement which would have resulted in his having to reimburse 
the Government: non-completion, withdrawals, or unsatisfactory 
grades.  In fact, the applicant successfully completed the 
required course work, but for whatever reason, it appears as 
though the academic institution failed to inform the Air Force 
accordingly.  Further, the Air Force appears to have allowed the 
applicant to complete final out processing in conjunction with 
his disability discharge without highlighting or resolving the 
issue of his outstanding grades.  Accordingly, we do not find it 
reasonable the applicant would have knowingly taken no action to 
resolve this situation prior to his discharge, when all he had 
to do was provide a copy of his transcripts reflecting his 
successful completion of the required course work.  Therefore, 
in view of the above, we recommend his records be corrected as 
indicate below.  

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 issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that:

	1.  On 22 April 2005, he submitted passing grades for each 
of the three Johns Hopkins University courses taken between 
3 September 2003 and 3 April 2004 with funding from the Air 
Force Tuition Assistance Program.  

	2.  On 22 April 2005, he applied for remission of the debt 
arising from the funding he received from the Air Force Tuition 
Assistance Program for the three Johns Hopkins University 
courses taken between 3 September 2003 and 3 April 2004, and his 
request was approved by competent authority.
________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-02552 in Executive Session on 7 Feb 13, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

?
All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-02552 was considered:

	Exhibit A.  DD Form 149, dated 19 May 12, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AF/A1DL, dated 27 Sep 12.
	Exhibit D.  Letter, AFPC/DPSIT, dated 1 Oct 12.
	Exhibit E.  Letter, SAF/MRBR, dated 23 Oct 12.  




                                   
                                   Panel Chair