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AF | BCMR | CY2014 | BC 2014 01050
Original file (BC 2014 01050.txt) Auto-classification: Denied
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 applicant’s 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 
applicant’s 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 
applicant’s 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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