RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00334
							INDEX CODE:  104.00
							COUNSEL: NONE 
							HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be placed in the Educational Delay Program (EDP) and his participation in the Health Professions Scholarship Program (HPSP) be terminated.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

He accepted an Air Force ROTC Type II scholarship when he graduated from high school.  During his second year at Loyola Marymount University, he applied for and received an HPSP scholarship that would pay for his future medical school if he chose to accept it.  Since he was not accepted into medical school before graduating in December 2002, the HPSP scholarship offer was revoked.  On January 11, 2003, he was commissioned and put on administrative delay for eight months in order to continue applying for medical school.  Once he was accepted to a private medical school he reapplied for the scholarship.  In March 2003, he again received the HPSP scholarship but did not accept it.  He wanted to wait and see if he would be accepted into a public institution that he could afford.  When he was accepted into a public school, he contacted AFIT for information regarding an educational delay request.  He was told his ROTC detachment commander should submit the request.  The ROTC detachment commander refused to submit the request because he felt that he (applicant) was trying to avoid his responsibility to the Air Force.  It was two days before the scholarship deadline and he felt he had no other option other than to accept the HPSP and later request it be terminated.  He wishes to fulfill his military obligation upon graduation from medical school, but would like to limit his obligation so that he may fulfill his goal of being a medical missionary. 

In support of his appeal, applicant submits a personal statement, a copy of his letter to the ROTC detachment commander and a supporting statement. 

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on 31 December 2002.  He is currently participating in the HPSP program.  

_________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA recommends the application be denied.  AFOATS/JA states that the applicant has not submitted sufficient evidence to substantiate his request and that it appears that he tried to play the waiting game for his best personal options and in a time crunch chose to accept the HPSP.  AFOATS/JA advises that in accordance with the AFROTC contract, all ROTC commissioned officers will incur a 4 year Military Service Obligation, and any that are accepted into a special program, including HPSP, will have their Active Duty Service Commitment extended.  The applicant did not apply for the educational delay within 90 days of the projected commissioning date; therefore, the detachment commander did not abuse his authority by not accepting the application, advises AFOATS/JA.  The AFOATS/JA evaluation, with attachments, is at Exhibit B.

After summarizing the facts of the case, AFPC/DPAMF2 recommends the application be routed through AFROTC so they may address the educational delay package denial rationale, the educational delay options and the HPSP self-elimination process.  The AFPC/DPAMF2 evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 March 2004, the Air Force evaluations were sent to the applicant for review and comment.  As of this date, this office has not received a response.

_________________________________________________________________

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 error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that he should be placed in the Educational Delay Program (EDP) and his participation in the Health Professions Scholarship Program (HPSP) be terminated.  Applicant's contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the evidence of record or the rationale provided by the Air Force.  Therefore, in the absence of documentary evidence which would lead us to believe his commander acted improperly in this matter, 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 basis to grant this request.  

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 29 April 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

   Exhibit A.  DD Form 149, 5 Jan 03, w/atchs.
   Exhibit B.  Letter, HQ AFOATS/JA, dated 8 Mar 04, w/atchs.
   Exhibit C.  Letter, AFPC/DPAMF2, dated 12 Feb 04.
   Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.

                                   Panel Chair