RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  99-00802
		INDEX CODE:  113.04

		COUNSEL:  NONE

		HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The debt of $5,133.31 incurred as a result of his separation on 1 March 1999 for an Active Duty Service Commitment (ADSC) of 31 May 1999 be remitted.

APPLICANT CONTENDS THAT:

While he understands the ADSC commitment he incurred as an Air Force Academy graduate, he separated from active duty to enter the Air Force Reserve.

The applicant states that he has been on active duty status in the Air Force Reserve since 8 March 1999, and will remain on active duty until 28 April 2000.  As such, he believes he is still fulfilling his commitment to the active duty Air Force.  When he separated from active duty, he had 38 days of leave that were withheld from his pay which amounts to $3,100.  When he submitted his separation paperwork, he apparently did not make it clear that he would be on active duty status while in the Air Force Reserve.  Upon receiving notice that his separation request was approved, he was advised that he was required to serve an indefinite term appointment in the Air Force Reserves. He did not know if the Air Force expected him to monetarily pay for his remaining ADSC or if he was required to fulfill his obligation through the Air Force Reserves.

The applicant’s complete submission is attached at Exhibit A.

STATEMENT OF FACTS:

On 1 June 1994, the applicant graduated from the Air Force Academy and incurred an ADSC of 31 May 1999.

On 25 January 1999, the Secretary of the Air Force Personnel Council (SAFPC) approved applicant’s 9 December 1998 request to curtail his date of separation to 1 March 1999.  The SAFPC noted the approval did not excuse any indebtedness to the government.

The applicant resigned his Regular Air Force commission and was honorably discharged and transferred to the Air Force Reserve under the provisions of AFI 36-3207 (Miscellaneous/General Reasons) on 1 March 1999.

On 8 March 1999, the applicant was ordered to active duty and assigned to McConnell AFB with a release date of 26 April 2000.

AIR FORCE EVALUATION:

The XXXXX, Claims Branch, DFAS-DE/FYCC, reviewed the application and states they contacted the Waivers and Remission Branch and were advised that had they received the applicant’s remission request while he was still on active duty, they would have recommended the debt be collected in full based on the criteria provided in Public Law 92-453.  Therefore, they recommend the application be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that nearly 100 academy graduates from the class of 1994 were allowed to separate from active duty almost a full year sooner than their ADSC of 31 May 1999.  These individuals were not required to pay back the debt.  However, in his situation, he is asking for 90-days out of his initial ADSC to enter Undergraduate Pilot Training (UPT) as a reservist, and is required to pay $5,133.31.

The applicant’s complete response is attached at Exhibit G.

THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the circumstances surrounding applicant's resignation of his Regular Air Force commission, we are persuaded that the indebtedness incurred as a result of his separation from active duty should be waived.  In this respect, we note that applicant was transferred to the Air Force Reserve; that at the time of his transfer he lost 38 days of leave; that he continues to serve on active duty as a Reserve officer; and, that his decision to resign was to obtain a pilot training slot, which, in our opinion, will benefit the Air Force.  In view of the above findings and since applicant continues to serve on active duty past his original active duty service commitment date of 31 May 1999, we believe that he should be relieved of the indebtedness in question.  Therefore, we recommend his records be corrected to the extent indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of his discharge from the Air Force Academy, the Secretary of the Air Force found that under the particular circumstances of his case, his resignation was not voluntary within the meaning of Title 10, United States Code, Section 2005, and that accordingly, no debt was established to reimburse the United States for the cost of his education at the Air Force Academy. 

The following members of the Board considered this application in Executive Session on 9 December 1999, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Mar 99.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, DFAS-DE/FYCC, dated 10 May 99.
   Exhibit D.  Letter, AFBCMR, dated 26 Jul 99.
   Exhibit E.  Applicant’s Ltr, dated 24 Aug 99.
   Exhibit F.  Letter, AFBCMR, dated 25 Aug 99.
   Exhibit G.  Applicant's Response, dated 19 Sep 99.

                                   

AFBCMR 99-00802
INDEX CODE:  113.04

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of his discharge from the Air Force Academy, the Secretary of the Air Force found that under the particular circumstances of his case, his resignation was not voluntary within the meaning of Title 10, United States Code, Section 2005, and that accordingly, no debt was established to reimburse the United States for the cost of his education at the Air Force Academy.