RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02327 INDEX CODE: 128.02 XXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be released from his recoupment obligation and be reimbursed for the amount he has already paid. ________________________________________________________________ _ APPLICANT CONTENDS THAT: Subsequent to his disenrollment from the Air Force Academy (USAFA) and being ordered to reimburse the government for the cost of his Academy education, he is now serving on active duty as a second lieutenant in the United States Marine Corps (USMC) with a military service obligation of 4 July 2015. In support of his application, the applicant submits copies of his USMC Appointment, Identification Card, USMC Permanent Change of Station Order, selection notification for the USMC Officer Candidate Course, Aviation Officer Candidate Service Agreement, Confirmation Letter of Status, and Defense Finance and Accounting Service (DFAS) notification of suspension of collection letter. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is currently serving in the USMC in the grade of second lieutenant with a date of rank of 28 March 2008. He is serving as a Student Naval Aviator with a military service obligation of 4 July 2015. On 29 July 2005, the Superintendent of the USAFA recommended the applicant be disenrolled from the USAFA, given an honorable discharge, and directed to monetarily reimburse the government for the cost of his Academy education as a result of the applicant’s misconduct. On 12 August 2005, the Secretary of the Air Force approved the recommendation and directed the applicant be disenrolled from the Air Force Academy (USAFA) and discharged from the United States Air Force with an honorable discharge and ordered to reimburse the government for the cost of his Academy education rather than serve in an enlisted status. According to the DFAS, the applicant’s debt was adjusted from an original debt of $279,364.22 to $139,629.00. Interest, penalties, and administrative charges in the amount of $17,701.18 were added since 2005 to equal a total debt of $157,330.18. The applicant has paid $8,266.98 towards the debt leaving a balance of $149,063.20. Payments on his account have been deferred until 23 December 2008 pending the Board’s decision. ________________________________________________________________ _ AIR FORCE EVALUATION: The BCMR Legal Advisor makes no specific recommendation on this application other than to note that the Board has the authority, and in his opinion, adequate justification to grant the applicant’s request. The BCMR Legal Advisor states that unlike the Reserve Officer Training Corps (ROTC), the USAFA does not have a mechanism for requesting a recoupment waiver if a member serves in the military after disenrollment. Consequently, as there is no administrative remedy for the applicant, only the Board may grant the requested relief. The BCMR Legal Advisor finds no error with the recoupment decision at the time it was made. However, he notes the underlying purpose of recoupment is to be the alternative to military service. A member is required to serve, and if he/she does not, recoupment of education costs is imposed. In this case, the applicant is serving in the active duty military; therefore, the Board would have a solid basis to find recouping the money, especially in a ground combat oriented service in a time of war, to be an injustice. The BCMR Legal Advisor’s evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant for review and comment on 19 August 2008 (Exhibit D). As of this date, this office has received no 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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. We note that subsequent to his disenrollment from the Air Force Academy, the applicant was properly ordered to reimburse the government for the cost of his Academy education. However, the applicant has recently entered the USMC with a military service obligation of 4 July 2015 which is an acceptable alternative to the recoupment of his education costs. Given the circumstances of this case, the Board believes that an injustice exists; and accordingly, it would be in the best interest of the Air Force and the applicant to favorably consider his request. Therefore, it is the Board’s opinion that in order to provide him fair and equitable relief, his records should be corrected as indicated below. 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. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of his disenrollment from the United States Air Force Academy (USAFA), competent authority approved his request for an educational delay, and directed that his active duty service obligation incurred by his attendance at the USAFA be fulfilled through active duty service. ________________________________________________________________ _ The following members of the Board considered this application in Executive Session on 8 October 2008, under the provisions of AFI 36-2603: All members voted to correct the record as indicated. The following documentary evidence for AFBCMR Docket Number BC-2007- 02327 was considered: Exhibit A. DD Form 149, dtd 22 May 2008, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Legal Advisor, dtd 14 Aug 08. Exhibit D. Letter, SAF/MRBR, dated 19 Aug 08.