RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-01679
							INDEX CODE:  128.06
  XXXXXXXXXXXXXXXXX				COUNSEL:  NONE

  XXXXXXXXXXXX					HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His debt in the amount of $94,518.28 for recoupment of sponsorship in the Uniformed Services University of Health Sciences (USUHS) be waived.

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APPLICANT CONTENDS THAT:

He was involuntarily discharged for medical reasons and should not be subject to recoupment of funds expended for his medical school education.

In support of his application, the applicant submits a copy of his Informal Physical Evaluation Board (IPEB) results; a copy of his USUHS Commander’s Evaluation letter, dated 8 April 2003; copies of his medical diagnosis and documentation; and copies of his student performance evaluations.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 24 April 1998, the applicant was appointed a second lieutenant Reserve of the Air Force with an effective date of duty of 29 June 1998.  On 28 April 1998, he signed a sponsorship contract to attend USUHS to receive medical training.  In exchange for his training, the applicant obligated himself for a seven-year active duty service commitment.  He was ordered to extended active duty effective 25 June 1998 to attend Officer Training School (OTS). Upon completion of OTS, the applicant reported for medical training at USUHS.  

The following facts are extracted from documents provided by the applicant:  The applicant received a student evaluation in February 2001 that identified some academic and patient care performance problems.  On 24 April 2001, the applicant was diagnosed with Obstructive Sleep Apnea (OSA).  The applicant was disenrolled from USUHS, Doctor of Medicine Program, effective 30 May 2002.  On 26 November 2002, a Medical Evaluation Board (MEB) evaluated his medical condition and found the applicant fit for duty, but not deployable.  The MEB recommended his records be forwarded to a Physical Evaluation Board (PEB) for final determination and disposition.  The Medical Board Report contains an indorsement dated 6 January 2003 by the Informal Physical Evaluation Board (IPEB) President recommending the applicant be found fit and returned to duty and a second indorsement by the Special Assistant to the Director, Air Force Personnel Council, dated 6 January 2003, indicating that the Secretary of the Air Force directed that the applicant be returned to duty.

The applicant was hospitalized 10-20 February 2003 resulting from a mild anxiety attack.  He was diagnosed with Recurrent Major Depressive Disorder, Cognitive Disorder, in addition to OSA.  On 26 March 2003, the applicant’s case was again considered by an MEB and it was recommended that the applicant’s case be referred to an IPEB.  On 11 April 2003, the IPEB found that the applicant was fit and recommended he be returned to duty.

In the meantime, in a Memorandum dated 4 March 2003, the Secretary of the Air Force ordered that the applicant be honorably discharged under AFI 36-3207, paragraph 3.9.1.6, and recoupment for funds expended for the applicant’s medical training.  According to the applicant and information maintained in the Personnel Data System, he was discharged on 9 May 2003.  

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AIR FORCE EVALUATION:

AFPC/DPMAE recommends denial.  The applicant was sponsored for four years at USUHS; however, he was not awarded a medical degree.  On 11 April 2003, an MEB/IPEB determined that the applicant was “fit for duty;” however, he did not meet professional qualifications to be transferred to the Medical Service Corps (MSC), Biomedical Science Corps (BSC) or to a line of the Air Force position.  The applicant was discharged due to his ineligibility to fulfill his contractual obligation as an active duty officer; therefore, recoupment of debt was requested based on Title 10, USC 2005.

The DPMAE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant claims that while he is receiving adequate treatment for his sleep apnea he is capable of continuing his education and become a doctor of medicine.  However, with the decision of USUHS, he is having great difficulty being accepted for transfer to other schools.  A copy of the applicant’s rebuttal is at Exhibit E.

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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 filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his records should be corrected to show he was involuntarily separated from the Air Force for medical reasons and that he was excused from recoupment of funds expended for his medical school education.  The record indicates that the applicant was considered by an IPEB on two occasions, found fit both times, and returned to duty and that he was discharged because he did not complete a medical degree through USUHS.  We note the Air Force assertion that, prior to his discharge, it was determined that he did not possess the professional qualifications for transfer to another competitive category in order to complete his seven-year active duty service commitment.  In addition, the applicant signed a recoupment statement agreeing to repay the unserved portion of any advanced education assistance, special pay or bonus money received if he was unable to fulfill his contractual obligation.  In view of the above and absent persuasive evidence that the sole reason for the applicant’s discharge was, in fact, medical problems, we agree with the opinions and recommendations of the Air Force offices 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, in the absence of evidence showing that the applicant’s debt was established in a manner contrary to the governing laws and regulations or that he was inequitably treated when compared to other similarly situated officers, we find no compelling basis to recommend granting the relief sought in this application.

4.  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 issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 6 November 2003, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2003-01679 was considered:

     Exhibit A.  DD Form 149, dated 12 May 03 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAME, dated 21 May 03.
     Exhibit D.  Letter, SAF/MRBR, dated 30 May 03.
     Exhibit E.  Applicant’s Rebuttal, dated 14 Jul 03.

                                  Vice Chair