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AF | BCMR | CY2013 | BC-2012-02736
Original file (BC-2012-02736.pdf) Auto-classification: Denied
 

 

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 
 

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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 

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