RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01851
		INDEX CODE:  128.00

	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  15 DEC 2008

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APPLICANT REQUESTS THAT:

Her debt she incurred as a result of her early separation from active duty be waived.

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APPLICANT CONTENDS THAT:

At the time of her separation request, Air Force Force Shaping and Limited Active Duty Service Commitment (ADSC) waiver specified that Tuition Assistance would be waived for officers.  Although her separation was not approved under the Force Shaping Program, the existence of this program during the time she was medically disqualified, limited her attempts to retrain into another career field.  She noted, members of her year group and Air Force Specialty Code (AFSC) were eligible to receive both voluntary separation pay and Tuition Assistance waiver under the program.  She now requests the same consideration be given to waive her Tuition Assistance.

Applicant has served both as a pilot and a protocol officer, serving in multiple deployments in support of both, Operations ENDURING and IRAQI FREEDOM,  

In support of her appeal, applicant submitted a personal statement; email correspondence; Tuition Assistance course printout; Defense Finance and Accounting Service (DFAS) Notification ltr, dated 17 May 07, and extracts from her military personnel record.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant entered active duty on 18 Jul 01.  She was progressively promoted to the rank of captain with a date of rank (DOR) of 19 Jun 05.  

On 11 Feb 05, applicant was medically disqualified from flying duties and assigned to Duties Not Involving Flying (DNIF) for a period of 365 days.  On 27 Mar 06, she was permanently disqualified from flying duties.  At the time, applicant was serving in Air Force Specialty Code (AFSC) of 11M2K as a C-17 pilot.

According to the Military Personnel Data System (MilPDS), on 11 Aug 06, applicant requested separation under the FY07 Force Shaping Program.  Specifically, applicant requested separation under the Voluntary Separation Pay (VSP) incentive; however, her application was disapproved based on manning shortage.

On 28 Sep 06, applicant submitted a voluntary separation application under the provisions of AFI 36-3207, para 2.4.17 (miscellaneous reasons) to be effective 18 Jul 07.

On 8 Nov 06, the Secretary of the Air Force Personnel Council (SAF/PC) approved applicant’s request for voluntary separation for miscellaneous reasons and directed she be released effective 18 Jul 07.  The Secretary further determined that applicant was required to reimburse the US Government for the pro rata share of her Tuition Assistance.

On 9 Nov 06, applicant requested her previously approved voluntary separation date of 18 Jul 07, be moved to an earlier separation date of 1 Mar 07.

On 7 Dec 06, SAF/PC approved applicant’s request to curtail her established Date of Separation (DOS) to 1 Mar 07.  The approval of this request did not excuse any indebtedness to the US Government.

On 1 Mar 07, applicant was honorably released from active duty and transferred to the US Air Force Reserve, under the provisions of AFI 36-3207, with a reason for separation of miscellaneous/general reasons.  She was credited with 5 years, 7 months, and 14 days of active duty service during this period.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial, stating, in part, the voluntary application for separation, dated 28 Sep 06, was not submitted under the FY07 Air Force Force Shaping Program/Limited ADSC Waiver Program.  She was not eligible to submit an application under this program based on the matrix making her Air Force Specialty ineligible due to manning shortages.

The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  Applicant provided no facts warranting a waiver of her requirement to reimburse the US Government for the Tuition Assistance received.

HQ AFPC/DPPRS’s complete evaluation with attachments is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided additional comments relating to the condition of her separation; specifically, she addressed the circumstances and timing of her separation, to dispute the assertion that a waiver of Tuition Assistance establishes a precedent, and to emphasize the fact that she continues to serve in the Air Force Reserve.

Applicant’s complete response, with attachment, 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 error or injustice.  Although the FY07 Air Force Force Shaping Program/Limited ADSC Waiver Program did fully waive the ADSC for Tuition Assistance, the applicant applied for voluntary separation under the provisions of AFI 36-3207, para. 2.4.17., for miscellaneous reasons.  Upon approval from SAFPC, she was directed to reimburse the US Government the pro rata share of her Tuition Assistance.  While we considered the arguments presented by the applicant, we found no evidence that her voluntary separation, which resulted in the debt at issue, was contrary to the governing instructions and laws in effect at the time or that she has been treated differently than others similarly situated.  Therefore, based on the foregoing, we are not persuaded that the applicant has been the victim of either an error or injustice.  Consequently, 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 issue 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 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 AFBCMR Docket Number BC-2007-01851 in Executive Session on 17 October 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jun 07, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 22 Jun 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.
    Exhibit E.  Letter, Applicant, dated 8 Aug 07, w/atchs.