RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00319
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her debt in the amount of $1500.00 for noncompletion/failure of two college courses be waived.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There was a unit inspection in effect and she was approved for an extension to complete her classes; however, she was hospitalized during the extension period.
In support of her request, the applicant provides copies of electronic counseling notes from the Air Force Automated Education Management System (AFAEMS), patient referral details, DD Form 139, Pay Adjustment Authorization, and e-mails with the installation education center.
The applicants complete submission, with attachments, are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the DD Form 139, the applicant was enrolled in two college courses with inclusive dates of 6 Aug 2012 to 30 Sept 2012.
She was hospitalized from 11 Oct 2012 to 7 Nov 2012 for behavioral health services.
On 13 Nov 2012, the Air Force Military Tuition Assistance Education Services Central Office Panel determined she was not eligible for waiver of military tuition assistance because the hospitalization occurred after the course end dates and F grades are not waived, I grades have to be completed prior to 120 days or before the applicants date of separation, 17 Dec 2012.
_________________________________________________________________
AIR FORCE EVALUATION:
AF/A1DL recommends denial. A1DL states the applicants hospitalization occurred after the end of the term and the applicants final grades were F. In accordance with the Department of Defense (DoD) Instruction 1322.25, Voluntary Education Programs, reimbursement is required from the service member if a successful course completion is not obtained. The applicant was aware of the requirement to repay military tuition assistance for unsatisfactory grades upon signing the Air Force Form 1227, Authority for Tuition Assistance-Education Services Program.
The complete A1DL evaluation is at Exhibit C.
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APPLICANTS REVIEW OF AIR FORCE EVALUATION:
The applicant contends that her hospitalization did not occur after the end of her active extended term. Before she was sent to the hospital, she applied for an extension of 30 days which was approved. While on this extension, she was sent to the psychiatric hospital. She was not allowed computer access and had limited phone access. The focus during her hospitalization was on her well-being and mental health. By the time she was released, it was too late to apply for another extension and the local education office initiated reimbursement for tuition assistance without research or acknowledgement from her. She asks that the Board reconsider the decision made on her application for a waiver of the debt. She had no control or rights while she was in the hospital and did her best to communicate her situation.
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THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was timely file.
3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. The applicant contends that she was approved for an extension to complete her courses; however, she was hospitalized during the extension period. Although A1DL recommends denial stating that the applicant was hospitalized after the term had ended, the Board majority believes the applicant had extenuating circumstances that prevented her from completing the classes. In this respect, the Board majority notes that she hospitalized from 20 Oct 2012 to 7 Nov 2012 and provides an email dated 18 Oct 2012, indicating that she was in an inpatient facility and did not have access to the Web. While the applicant states that she applied for and was given a 30 day extension; she did not provide proof of this waiver. Nonetheless, in view of the fact that she was admitted to an inpatient facility so close to the dates of her classes, the Board majority believes her medical condition at the time may have impacted her ability to complete the courses. Therefore, in the interest of justice, the Board majority recommends her records be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records relating to APPLICANT, be corrected to reflect that on 15 December 2012, she applied for a remission of the debt arising from the fundings she received from the Air Force Tuition Program for the classes taken between 6 August 2012 and 30 September 2012, and her request was approved by competent authority, which waives the requirement in DoDI 1322.25, Enclosure 2, para 1.h(4) requiring reimbursement of military tuition assistance for unsatisfactory grades.
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The following members of the Board considered Docket Number BC-2013-00319 in Executive Session on 15 Oct 2013, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
A majority of the Board voted to correct the records, as recommended. voted to deny the applicants request and submitted a minority report which is at Exhibit F. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jan 2013, w/atchs.
Exhibit B. Applicants Available Records.
Exhibit C. Letter, AF/A1DL, dated 20 Feb 2013.
Exhibit D. Letter, SAF/MRBR, dated 24 Feb 2013.
Exhibit E. Letter, Applicant, undated, w/atch.
Exhibit F. Minority Report, dated 17 Oct 2013.
Panel Chair
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