RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01050
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
The $112,654.00 debt he incurred for the cost of his education
at the United States Air Force Academy (USAFA) be reduced to the
amount of $28,396.00.
APPLICANT CONTENDS THAT:
The reduction to $28,396.00 represents the cost of education
during his second class year, which would make his payments
affordable. His only other option is to file for bankruptcy.
The Board should find it in the interest of justice to consider
his untimely application because outside of bankruptcy, he is
unable to pay his debt.
In support of this request, the applicant provides a personal
statement, and various documents related to his appeal.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant enrolled at the USAFA from 29 June 2006 to
13 February 2009 for a period of 191 days.
On 2 August 2011, the Board considered and denied the
applicants request that he be allowed to serve in the enlisted
force to complete his Active Duty Service Commitment (ADSC) for
the cost of his advanced education at the USAFA.
On 2 October 2012, the Board reconsidered and denied the
applicants request that he be allowed to serve in the enlisted
force to complete his ADSC for the cost of his advanced
education at the USAFA.
In a letter dated 12 May 2015, SAF/MRBR advised the applicant
that AFI 36-2603, Air Force Board for Correction of Military
Records, paragraph 4.7.3, requires that if an applicant has not
exhausted all available effective administrative remedies, the
application will be denied by the Board on that basis. SAF/MRBR
invited the applicant to administratively close his case until
such time that he is able to avail himself of the administrative
avenues described in the attached SAF/MRBR memorandum. As of
this date, no response has been received by this office (Exhibit
C).
THE BOARD CONCLUDES THAT:
1. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
2. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. In this
respect, we note this Board is the highest administrative level
of appeal within the Air Force. As such, an applicant must
first exhaust all available avenues of administrative relief
provided by existing law or regulations prior to seeking relief
before this Board, as required by the governing Air Force
Instruction. We note that SAF/MRBR advised the applicant that
the Remissions Board is an available avenue of administrative
relief he has not first pursued. In view of this, we find his
request is not ready for adjudication at this level, as there
exists a subordinate level of appeal that has not first been
pursued. Therefore, in view of the above, we find no basis to
recommend granting the relief sought in his application.
3. 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 she has not exhausted all
available avenues of administrative relief prior to submitting
his application to the Board; and the application will only be
reconsidered upon exhausting all subordinate avenues of
administrative relief.
The following members of the Board considered this application
in Executive Session on 9 June 2015, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01050 was considered:
Exhibit A. DD Form 149, dated 3 March 2014, w/atchs.
Exhibit B. Letter, SAF/MRBR, dated 12 May 2015.
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