RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02486
		INDEX CODE:  128.10
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Feb 09, 2009

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APPLICANT REQUESTS THAT:

His Air Force Reserve Officer Training Corps (AFROTC) debt and recoupment actions be terminated.

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APPLICANT CONTENDS THAT:

He is contracted into the military (Army Reserves) for six years and is working towards an officer commission.

In support of his request, the applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and a copy of a letter from USAF/A1DO.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Upon entering the AFROTC program, 2 Sep 03, the applicant signed an AF IMT 1056, Air Force Reserve Officer Training Corps Contract, which outlined the requirements and consequences of the  program. 

The applicant’s DD Form 785, Record of Disenrollment from Officer Training Candidate – Type Training, reflects he was disenrolled from the AFROTC program on 25 Jul 05, for failure to maintain academic retention standards and breach/anticipatory breach of the AFROTC contract.  He received two “F’s” and had a term GPA of 1.00 for the Fall 04 term. He breached/anticipatorily breached the AFROTC contract when he changed his major without AFROTC approval.

Upon disenrollment, the applicant incurred a debt of $15,510.  On 17 Aug 05, he was notified of debt collection actions.

In accordance with AFROTC Instruction 36-2015, paragraph 8.1.2, HQ Air Force ROTC will consider terminating the recoupment debt of disenrolled cadets who complete two years of continuous active duty service or who receive an active duty commission.  A commission or enlistment in the Guard or Reserve does not apply unless two years of continuous active duty service is completed. Termination requests must be submitted no later than three years from the effective date of disenrollment listed on the individual’s DD Form 785. 

Other relevant facts are outlined in the DFAS-JECC/DE opinion at Exhibit C. 

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AIR FORCE EVALUATION:

DFAS-JECC/DE recommends denial of the request.  The Code of Federal Regulation, Book 31, Chapter 9, states, when possible, a debt should be liquidated in three years or less depending on the size of the debt.  Due to the high dollar amount of most ROTC/ education debts, the Defense Debt Management System (DDMS) Customer Service will establish a 10-year repayment schedule if the member makes timely payment arrangements and abides by the established agreement.  The applicant has not made any voluntary payments or entered into a payment agreement plan.  DDMS Customer Service determined it is not in the best interest of the Government to suspend collection action on the applicant’s debt.  DDMS is in the process of collecting by involuntarily offsetting the applicant’s Reserve pay.  

The DFASPJECC/DE complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 Aug 07 for review and comment within 30 days.  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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 Docket Number BC-2007-02486 in Executive Session on 13 September 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs, dated 30 Jul 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, DFAS-JECC/DE, dated 8 Aug 07.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Aug 07.