RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER: BC-2012-02932	

						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED

________________________________________________________________

APPLICANT REQUESTS THAT:

The recoupment of her active duty service commitment (ADSC) debt 
for the Armed Forces Health Professions Scholarship Program 
(AFHPSP) be cancelled.  

________________________________________________________________

APPLICANT CONTENDS THAT:

Due to circumstances beyond her control, she was forced to apply 
for a hardship separation related to the health of her son.  

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

________________________________________________________________

STATEMENT OF FACTS:

Based on a copy of her DD Form 214, Certificate of Release or 
Discharge from Active Duty, extracted from the Automated 
Personnel Management System (ARMS), the applicant is a former 
Regular Air Force commissioned officer who served from 
4 June 2007 to 10 July 2012.  Her type of separation was 
“Resignation” with an honorable character of service.  She was 
credited with 5 years, 1 month and 7 days of active duty 
service.  

The additional relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force.  Accordingly, there is no need to recite these 
facts in this Record of Proceedings.

________________________________________________________________

AIR FORCE EVALUATION:

1.  AFPC/DPAME recommends denial.  DPAME states the applicant 
was sponsored through the AFHPSP program at the University of 
Southern California from 11 August 2003 to 18 May 2007.  The 
applicant's sponsorship in the AFHPSP resulted in a four-year 
active duty service obligation.  On 5 Apr 2003, the applicant 
signed and agreed to the terms of her AFHPSP contract.  
Paragraph 13C indicates that if relieved of active duty service 
for any reason before fulfilling the ADSC, repayment of 
educational costs may be directed by the Secretary of the Air 
Force (SAF).  

2.  On 23 Mar 2012, the applicant initiated a request for 
dependency or hardship separation.  The applicant acknowledged 
on page 2 of the application that if separated prior to 
completing a period of active duty that she agreed to serve, she 
may be subject to recoupment of educational funds.  

3.  On 5 Jun 2012, the SAF Personnel Council (SAFPC) approved 
the hardship separation and directed recoupment of educational 
funds.  Total funds expended were $161,996.39 for 1460 days of 
sponsorship (4 years).  The applicant served 1400 days resulting 
in $155,344.00 towards her established sponsorship.  
Administrative actions for recoupment of the remaining balance 
of $6,652.39 were initiated on 20 Jun 2012.  Recoupment was 
initiated based on Title 10, USC 2005.  

4.  The applicant signed her AFHPSP contract, thereby agreeing 
to the terms of the contract and should be required to reimburse 
the government as directed on 5 Jun 2012 by SAFPC.

The complete AFPC/DPAME evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In her response, the applicant indicated she has submitted 
paperwork to contest the recoupment based on her need for early 
separation for hardship reasons.  The applicant further states 
the calculated days served are incorrect as noted.  If the 
recoupment is not dismissed, she requests that the amount owed 
at least be rectified based on her actual time served.  In 
addition, she requests that if recoupment is indeed deemed 
necessary, that the monies be taken from her withheld leave 
balance with all calculations forwarded to her prior to 
withdrawal.  

The applicant’s 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  The Armed 
Forces Health Professions Scholarship Program (AFHPSP) contract 
the applicant signed specifically states that if a member is 
separated prior to completing a period of active duty that was 
agreed upon to serve, the member may be subject to recoupment of 
educational funds.  While the applicant’s circumstances for not 
completing her ADSC were beyond her control, her separation was 
voluntary and the situation did not arise through the fault of 
the government.  The applicant's contentions are duly noted; 
however, we do not find these assertions, in and by themselves, 
sufficiently persuasive to override the evidence of record or 
the rationale provided by the Air Force.  With regard to the 
applicant’s specific requests regarding recoupment actions, we 
advise the applicant address these requests with the appropriate 
Defense Finance and Accounting System officials who are charged 
with processing recoupment actions.  In view of the above and in 
the absence of evidence to the contrary, 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 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 this application 
in Executive Session on 25 April 2013, under the provisions of 
AFI 36-2603:

			, Panel Chair
      , Member
			, Member



The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-02932 was considered:

    Exhibit A.  DD Form 149, dated 3 July 2012, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC.DPAME, dated 30 August 2012.
    Exhibit D.  Letter, SAF/MRBR, dated 9 October 2012.
    Exhibit E.  Letter, Applicant, dated 28 October 2012.




							
								Panel Chair


AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762




Dear:

	Reference your application submitted under the provisions of AFI 36-2603 (Section 
1552, 10 USC), AFBCMR Docket Number BC-2012-02932.

	After careful consideration of your application and military records, the Board 
determined that the evidence you presented did not demonstrate the existence of material error or 
injustice.  Accordingly, the Board denied your application.

	You have the right to submit newly discovered relevant evidence for consideration by the 
Board.  In the absence of such additional evidence, a further review of your application is not 
possible.

	BY DIRECTION OF THE PANEL CHAIR




				                                   
				                                   Chief Examiner
				                                   Air Force Board for Correction
				                                   of Military Records

Attachment:
Record of Board Proceedings


4




 

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WASHINGTON, DC


Office of the Assistant Secretary