RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2012-05700

								COUNSEL: NO

								HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT: 

The educational debt be remitted.  

________________________________________________________________

APPLICANT CONTENDS THAT:

In 1992 he joined the Air Force Reserve.  He underwent officer 
training and served all active duty rotations.  

In July 1998, he fell off the roof of his home sustaining severe 
life threatening injuries to his left thigh, leg and neck.  
During his third year of residency he became very sick and 
underwent 14 surgeries.  He also went through extensive 
rehabilitation.  His medical bills surpassed $360,000.  

Upon completion of his general residency, the Air Force 
requested that he be evaluated by a neurologist.  The Air Force 
asked him if he wanted to stay in the Air Force, to which he 
responded that he did and he did not wish to enter the 
Disability Evaluation System (DES) nor did he wish to tender his 
resignation. 

Although he was told that he was not deployable, he received no 
communication from USAF officials regarding his status until 
after 2005 when he was sent his honorable medical discharge 
paperwork.  He also received a bill for $44,908.54.  He began 
paying; however, he did not know exactly what he was paying for 
and why he was given this debt.

He later discovered that the Defense Finance and Accounting 
Service (DFAS) had sent his account to the Department of 
Treasury for collections, without first notifying him of the 
debt.  

He fulfilled his obligation to the USAF during his 13 years in 
the Reserves and he did not ask to be discharged.  He has 
attached his contract that states only the Secretary of the Air 
Force or his designees may excuse his obligation to serve on 
active duty for the period specified in this agreement.  If he 
fails to complete the period of agreement because of voluntary 
separation for any reason, or involuntary because of substandard 
performance, misconduct, morale or professional dereliction, he 
will reimburse the USAF in one lump sum for the total cost of 
advanced education paid for by the US Government.

He voluntarily joined the USAF to honorably serve as a Medical 
Officer and despite having a horrible accident; he maintained 
that goal and commitment only to be discharged against his will. 

In support of the appeal, the applicant submits a personal 
statement, excerpts of his medical records and documentation 
from his master personnel records.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Air Force Reserve who 
was relieved of his assignment effective 11 February 2005.  On 
9 February 2005, the Secretary of the Air Force ordered that he 
be separated from the Air Force with an honorable discharge.  
The Secretary also required the applicant reimburse the 
government for the funds expended on his education through the 
Armed Forces Health Professions Scholarship Program and 
Financial Assistance Program (HPSP/FAP).

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AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  The applicant signed his HPSP/FAP 
contract on 31 March 1992 in which he agreed to serve on active 
duty for four years and then incur a four year Reserve service 
commitment in exchange for financial assistance to attend 
medical school.  He was active in HPSP from 1992-1996.  He had 
an accident in 1998 that required prolonged hospitalization and 
multiple surgeries.  

On 29 July 2003, he was notified that he was being considered 
for administrative discharge due to medical reasons.  The 
applicant stated on his Member’s Declaration that he would be 
unable to perform up to the standards set by the Air Force.  The 
Fitness Review Panel recommended that he be discharge as he was 
“unfit.”  He decided not to enter the DES and chose not to 
tender his resignation.  He received a total of $44, 908.54 in 
educational assistance.

The member’s disqualifying condition was not a result of 
misconduct or voluntary action on his part.  However, his 
condition was not the fault of the government.  The contract 
provided that in the event of his separation prior to serving on 
active duty, he would reimburse the government the cost of his 
advanced education.  Taxpayers have provided money for his 
education, which will benefit him for years to come.

The complete DFTT evaluation is at Exhibit C. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In a 5-page rebuttal, the applicant reiterates his original 
contentions and states that he has been treated poorly by the 
Air Force and supporting agencies.  He does not feel he is 
liable for this debt as he did not voluntarily leave the Air 
Force, nor was his discharge the result of misconduct.  

He was never informed that he was on deferred status for eight 
years as a result of the HPSP program.  Additionally, he never 
stated his condition was the fault of the government.  He simply 
requests a fair decision after a thorough review of his 
supporting documentation.

The applicant’s complete response, with attachments, 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  After 
thoroughly reviewing the evidence of record and the applicant’s 
complete submission, we are not persuaded that a change in the 
record is warranted.  We note the applicant signed a contract 
that stipulated that in the event the applicant separated prior 
to serving on active duty, he would reimburse the government the 
cost of his advanced education.  While the applicant asserts he 
is not liable for this debt as he did not voluntarily leave the 
Air Force, we find the applicant has not established that he is 
a victim of an error or injustice caused by the Air Force or 
that he was treated differently than others similarly situated.  
We are not unsympathetic to the applicant’s situation, however, 
after reviewing all the evidence provided, 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 that the applicant has not been the victim of an 
error or injustice.  Accordingly, we find no compelling basis 
upon which to relieve the applicant of his obligation to 
reimburse the government for his education expenses 

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of an 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 AFBCMR Docket 
Number BC-2012-05712 in Executive Session on 15 October 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Nov 12, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Record. 
	Exhibit C.  Letter, ARPC/DPTT, 15 Jan 13.
	Exhibit D.  Letter, SAF/MRBR, dated 21 Jan 13.
	Exhibit E.  Letter, Applicant’s Response, 28 Jan 13,   
                w/atchs.