RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: 03-01821
							INDEX CODE:  128.10
    							COUNSEL:  NONE
    							HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

He be released from recoupment of his debt from his Army Reserve Officers’ Training Corps (ROTC) Scholarship contract.  

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THE APPLICANT CONTENDS THAT:

Since he has served on active duty with the Air Force for the past three years he has satisfied the active duty service commitment incurred by his Army ROTC contract.  The Defense Finance and Accounting Service has told him he does not owe any monies toward his debt.  

In support of his appeal, applicant submits a personal statement and a copy of his Identification card.  Applicant’s submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the Military Personnel Data System (MilPDS) reflects that the applicant enlisted in the Regular Air Force on 29 March 2000 for a period of six years and is currently serving in the grade of senior airman.  

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibit C through E.

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AIR FORCE EVALUATIONS:

DFAS-POCC/DE states that due to non-completion of the applicant’s contractual obligation, he was notified of a debt in the amount of $4,932.00, which has been established in the Defense Debt Management System Defense.  DFAS-POCC/DE defers to the Directorate of Debt and Claims (DFAS-DE/POCT) for an assessment to a waiver of indebtedness.  The DFAS-POCC/DE evaluation is at Exhibit C.

DFAS-DE/POCT states that at the time the ROTC payments were paid on the applicant’s behalf, payment was proper; therefore, the debt is not an erroneous payment subject to waiver.  Additionally, DFAS-DE/POCT advises that the member was erroneously paid $286.30 for ROTC subsistence allowance during the period 18 December 1999 through 31 January 2000 when he was not attending school.  The DFAS-DE/POCT evaluation is at Exhibit D.

Pursuant to the Board’s request, USAF/JAA reviewed the application and states that the applicant entered into an Army Senior ROTC Scholarship contract on or about 16 November 1998.  The ROTC Scholarship contract provided in part, that after the first day of his sophomore year the applicant could not voluntarily withdraw from the program without incurring an active duty and/or reimbursement obligation.  On or about 23 February 2000, for unknown reasons, the applicant breached the contract and incurred a three-year active duty service commitment or repayment of $4,932 representing educational monies expended on his behalf.  JAA states that the applicant did not seek to fulfill his obligation owed to the Army; rather he quickly enlisted in the Air Force.  The applicant has selected enlisted service in the military service of his choice and now seeks relief from a repayment obligation owed to the Army.  JAA is of the opinion that if the Board grants the applicant's request, it may set a potentially bad precedent.  It may establish that it is irrelevant which military service sponsors an ROTC scholarship, if an applicant enlists in a military service of his or her choice and applies to the Board, any repayment obligation will be forgiven.  The USAF/JAA evaluation is at Exhibit E.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

On 8 August 2003 and 28 May 2004, copies of the Air Force evaluations were sent to the applicant for review and comment.  As of this date, this office has not received a response.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  Notwithstanding the fact that the applicant signed the Army Senior Reserve Officers’ Training Corps (ROTC) Scholarship contract, which states in part, that after the first day of his sophomore year he could not voluntarily withdraw from the program without incurring an active duty and/or reimbursement obligation, we find the argument made by the applicant persuasive.  We believe that his four years of active duty service in the Air Force fulfills the spirit of the agreement into which he entered and should satisfy the requirement for the three-year active duty service commitment or repayment of the obligation incurred pursuant to his contract.  We note that AF/JAG advises in their evaluation that there is no legal objection should we determine it is in the best interest of the Air Force to recognize the applicant’s active duty service as fulfillment of his agreement.  Based on equity and since the applicant’s debt is not merely a debt to the Army, but to the United States, it is our opinion the applicant’s request should be favorably considered.  Therefore, the Board recommends that the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that competent authority determined that he was allowed to serve his three-year Reserve Officer Training Program (ROTC) Active Duty Service Commitment (ADSC) as a member of the United States Air Force and upon completion of this period of service, his service obligation to the United States Army was satisfied.  

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The following members of the Board considered this application in Executive Session on 1 July 2004, under the provisions of AFI 36‑2603:

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

    Exhibit A.  DD Form 149, dated 12 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS-POCC/DE, dated 24 Jul 03.
    Exhibit D.  Letter, DFAS-DE/POCT, dated 15 Jul 03.
    Exhibit E.  Letter, AF/JAA, dated 17 May 04.
    Exhibit F.  Letter, SAF/MRBR, dated 8 Aug 03 and 20 May 04.

                                   Panel Chair

AFBCMR BC-2003-01821

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 xxxxxxxxxxxxxx, be corrected to show that competent authority determined that he was allowed to serve his three-year Reserve Officer Training Program (ROTC) Active Duty Service Commitment (ADSC) as a member of the United States Air Force and upon completion of this period of service, his service obligation to the United States Army was satisfied.

                                                                            Director
                                                                            Air Force Review Boards Agency