AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02736
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
____________________
_________________________________________________________________
APPLICANT REQUESTS THAT:
His debt of education costs incurred through participation in the
Air Force Reserve Officer Training Corps (AFROTC) be cancelled.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was asked to separate; therefore, he feels his debt is unjust.
It was not his intent or desire to separate. Being unemployed
and asked to pay back over $13,000 is against his wishes and is
completely unfair.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant received a Letter of Reprimand (LOR) for being
arrested on or about 17 April 2011 for driving under the
influence of alcohol in violation of Article 111 of the Uniform
Code of Military Justice (UCMJ). The applicant acknowledged the
LOR and submitted a statement in his own behalf. After
considering the applicant’s submission, the commander confirmed
the administrative action and established an Unfavorable
Information File (UIF) on the applicant.
As a result of his military misconduct, the applicant was
eliminated from Specialized Undergraduate Pilot Training. On
22 April 2011, he requested to be reclassified into another
career field. A reclassification panel considered the
applicant’s case and recommended he be discharged in lieu of
reclassification and directed he reimburse the government for his
participation in the AFROTC on a pro-rata basis.
The applicant was honorably discharged effective 5 May 2012, with
a narrative reason for separation of “Failure to Complete a
Course of Instruction.”
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIP recommends denial. DPSIP states that in accordance
with Title 10, United States Code (USC), Section 2005, recoupment
is required of the pro-rata share of unearned portion of the
applicant’s Active Duty Service Commitment (ADSC) for his AFROTC
education. The only way recoupment may be waived is if the
inability to complete his ADSC is deemed beyond his control.
The applicant was accessed to active duty specifically to fill an
Air Force pilot requirement. Since he was eliminated for
disciplinary reasons, his inability to fulfill his ADSC in the
career field for which he was brought onto active duty is
considered within his control. Therefore, he is subject to
recoupment of the pro-rata share of the unearned portion of his
ADSC for his AFROTC education.
In April 2011, the applicant and his commander completed the
Officer Initial Skills Training (IST) Elimination package which
included the Officer Training Eliminee Recoupment Statement where
he specifically acknowledged that he may be subject to recoupment
of a portion of education assistance.
Reclassification is not a right and is accomplished at the
convenience of the Air Force to meet other Air Force requirements
if possible. The applicant’s case was handled properly and the
decision to recoup a pro-rated educational assistance is
appropriate.
The complete DPSIP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant
on 7 August 2012, for review and comment within 30 days (Exhibit
D). As of this date, this office has received no response.
_________________________________________________________________
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 an error or an 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. The
2
applicant has not established that he is the victim of error or
injustice caused by the Air Force or that he was treated
differently than anyone else in his situation. 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 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 AFBCMR Docket
Number BC-2012-02736 in Executive Session on 4 April 2013, under
the provisions of AFI 36-2603:
The following documentary evidence was considered for AFBCMR
Docket Number BC-2012-02736:
Exhibit A. DD Form 149, dated 6 Jun 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIP, dated 12 Jul 12.
Exhibit D. Letter, SAF/MRBR, dated 7 Aug 12.
_________________, Panel Chair
_________________, Member
_________________, Member
__________________
Panel Chair
3
AF | BCMR | CY2013 | BC 2013 04388
The recoupment of his Air Force Reserve Officer Training Corps (AFROTC) scholarship be waived. In addition, the panel considered recoupment of the pro-rata portion of his AFROTC scholarship associated with the unserved portion of his active duty service commitment (ADSC) associated with the scholarship. He did not file an appeal through the Air Force Remissions Board because his notification for his involuntary discharge indicated he should appeal through the AFBCMR.
AF | BCMR | CY2011 | BC-2011-05069
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 _________________________________________________________________ APPLICANT REQUESTS THAT: His debt to the government in the amount of $9,308.39 be waived. _________________________________________________________________ APPLICANT CONTENDS THAT: An unjust debt was levied upon him for recoupment of a pro-rata share of the scholarship he...
AF | BCMR | CY2010 | BC-2010-02064
The Board chose to separate him and charged him over $33,000.00 for time not served on his AFROTC scholarship. He was forced to pay into the MGIB and due to the Air Force releasing him prior to him serving his commitment; he is not eligible to receive the benefits. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force at Exhibit C and...
AF | BCMR | CY2013 | BC 2013 05646
On 14 Feb 13, after self-eliminating from pilot training, an Officer Initial Skills Training (IST) Reclassification Panel recommended the applicant be discharged from the Air Force, and that he repay $148,938 for the unserved portion of the active duty service commitment (ADSC) he incurred due to his Air Force Academy scholarship. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR),...
AF | BCMR | CY2011 | BC-2011-00325
The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits B, C, D, and E. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIP recommends denial. JA states that the first and only notice the applicant received that the Air Force intended to seek recoupment of the pro-rata cost of his USAFA education was the letter from AFPC/CC, dated 26 April 2010,...
AF | BCMR | CY2010 | BC-2010-02175
The applicant elected to DOR and requested reclassification, which was considered by a panel of five senior officers. Based on the Air Force requirements, the applicants skills, education, desires, and his commanders recommendation, the panel determined his reclassification was not in the best interest of the Air Force. The complete JA evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicants...
AF | BCMR | CY2011 | BC-2011-01564
He was given an honorable characterization of service with a separation code of JHF and narrative reason of Failure to Complete a Course of Instruction. _________________________________________________________________ AIR FORCE EVALUATION: In an undated advisory opinion, AFPC/DPSIP opines that based on their review, they found no problems with the applicants consideration by the Initial Skills Training (IST) panel and that the decision to recoup a pro-rated educational assistance...
AF | BCMR | CY2011 | BC-2011-00004
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00004 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He receive a waiver of the recoupment of his pro-rata share of unserved active duty service commitment (ADSC) associated with his United States Air Force Academy (USAFA) scholarship. Other relevant facts pertaining to this application are contained...
AF | BCMR | CY2012 | BC 2012 04176
On 16 Apr 10, the applicants commander approved the squadron commanders recommendation. He had several delays in beginning his training due to a DUI, a disciplinary issue, and a pending waiver request for an alcohol problem. His initial elimination occurred when all officers eliminated from IST were reclassified regardless of the Air Force requirements and prior to the institution of the current Initial Skills Training (IST) Reclassification Panel process. Also, he believes that he...
AF | BCMR | CY2011 | BC-2011-03316
The applicants complete submission, with attachments, is at Exhibit A. A panel of senior officers at the Air Force Personnel Center reviews all initial skills training elimination reclassification applications and recommends reclassification or discharge based upon Air Force requirements, commander recommendations, and officer skills and desires. The complete HQ AFPC/DPSIP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF...