RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01023
		INDEX CODE:  128.10
		COUNSEL:  None

		HEARING DESIRED:  Not Indicated

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APPLICANT REQUESTS THAT:

His debt in the amount of $28,063.91 that he incurred as a result of his participation in the Health Professions Scholarship Program (HPSP) be remitted.
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APPLICANT CONTENDS THAT:

He was involuntarily discharged from active duty due to a genetic diagnosis of porphyria (depression).  He fully intended to honor his 3-year commitment and applied for a position as an Air Force doctor.  

Applicant’s complete submission is at Exhibit A.
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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on 22 January 1988.  He participated in the HPSP program from 1 July 1991 – 30 June 1994.  In November 1993, during the Entry on Active Duty (EAD) physical he was found medically disqualified for “History of Depression and Organic Mood Disorder.” He was scheduled for EAD in July 1994.  Applicant was discharged on 18 November 1994.
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AIR FORCE EVALUATION:

The Chief, Physician Education Branch, AFPC/DPAME, reviewed the applicant’s request and recommends denial.  DPMAE states that consistent with Title 10, Section 2005, applicant signed his HPSP contract which states “Should I become unable to commence the period of Active Duty Service Commitment (ADSC) specified in this contract or become unable to complete my medical education program, I agree to reimburse the United States in one lump sum for the total cost of advanced education paid by the U.S. government as specified in 10 U.S.C. 2005.”  DPAME states that the applicant has been aware of the debt since November 1994 and has not responded to the numerous letters from DFAS regarding payment of the debt.  His 2000 Federal Income Tax return was involuntarily withheld and $6,714.35 was credited toward his HPSP debt. 

DPAME also states that the disputed amount for $28,063.91 is for tuition, books and supplies only.  The monthly stipend he received is not recoupable by law.  He is licensed to practice medicine in the state of Illinois and therefore has the means to repay his debt as directed by the Secretary of the Air Force.  A complete copy of the advisory is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25 May 2001 for review and response.  As of this date, this office has received no response (See Exhibit D).  

Also, a copy of a SAF/MI decision in a similar case was forwarded to the applicant for review and response.  Applicant’s response to the SAF/MI decision is at Exhibit E.  

Applicant’s correspondence with Congressman Evans regarding his application is at Exhibit F.  

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the evidence of record, the Board is not persuaded that the applicant has been the victim of an error or injustice.  The applicant’s contract provided that he would reimburse the Air Force if, because of physical disqualification, he was unable to commence his period of active duty.   We note that the applicant is currently licensed to practice medicine in the state of Illinois and, in the absence of evidence to the contrary, we presume he has the means to repay his debt as directed by the Secretary of the Air Force. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Accordingly, we find no compelling basis upon which to relieve the applicant of his obligation to reimburse the government for its expenditure of public funds.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 16 August 2001, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	MMember

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 March 2001 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter,AFPC/DPAME, dated 20 April 2001.
    Exhibit D.  Letter, SAF/MIBR, dated 25 May 2001.
    Exhibit E.  Letter, from applicant, dated 19 June 2001.
    Exhibit F.  Letter, from Congressman Evans, dated 20 June
                2001.

                                   
                                   Panel Chair