RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02482 INDEX CODE:	128.10
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
The Air Force cease recoupment of Air Force Reserve Officer Training Corps (AFROTC) Program scholarship money and remove the debt from his credit report.

APPLICANT CONTENDS THAT:
On 6 May 07, his father (an active duty colonel) was killed in action while deployed. Two days before he was to attend an AFROTC camp (June 2007), he realized he was still having difficulties reconciling with his father’s death and remaining in the AFROTC program. On the day prior to camp, he realized he was emotionally unable to begin the camp. By the fall of 2007, he made the difficult decision to resign from the AFROTC program.

In support of his request, the applicant provided a timeline of events and a thank you note from his mother.

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

STATEMENT OF FACTS:
On 9 Dec 06, the applicant signed an AF Form 1056, Air Force Reserve Officer Training Corps (AFROTC) Contract. The contract stated in Part I, paragraph 10, that disenrollment may result in recoupment of Air Force funds expended on education. The applicant’s debt to the Government is $15,704.60.

On 8 Aug 07, the applicant submitted a statement to self- eliminate from the AFROTC program, and on 29 Nov 07, he was disenrolled from the program due to a breach of his contract. In his letter of resignation, he stated he did not feel competent to be a military officer.

In accordance with AFROTCI 36-2015, paragraph 8.1.2, HQ AFROTC will reconsider terminating the recoupment debt of a disenrolled cadet who completes 2 years of continuous enlisted active duty service or who receives an active duty commission.

AIR FORCE EVALUATION:
The HOLM CENTER/JA recommends denial. The applicant chose a self-initiated elimination from the AFROTC program. HQ AFROTC was fully prepared to defer his field training until the next summer. Should he decide to rejoin the AFROTC program, he would have been welcomed back. Upon re-contracting into the AFROTC program, his recoupment would be terminated and recouped funds would be refunded upon his commissioning into active duty.

JA states that the applicant’s mother wrote a complaint to the Secretary of the Air Force (SECAF) stating the point of fiduciary liability was different among the ROTC programs and the military academies. Federal law, Title 10, directs that high school scholarship winners may leave the ROTC program without obligation during their freshman year on a scholarship. However, HQ AFROTC confirmed all service ROTC programs consider the first day of the second-year military classes to be the point of liability. The applicant was in his sophomore year.

The complete HOLM CENTER/JA evaluation, with attachments, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 25 Jul 08 for review and comment within 30 days (Exhibit C). 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.	Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After reviewing the evidence of record, we find no error in the decision to recoup the scholarship monies expended on applicant’s education. However, in taking note of the circumstances that led the applicant to self-eliminate from the AFROTC program, we believe it to be in the interest of equity and justice to grant an exception to policy and allow him to leave the AFROTC program without penalty or obligation. Given the untimely death of the applicant’s father in the service of the nation and its impact on the applicant and his family, we believe the normal options
1.	
available to terminate recoupment, i.e., obtaining a ROTC commission, active duty enlisted service, or an active duty commission, do not provide, under the circumstances, a suitable course of action for the applicant. Therefore, it is our recommendation that the applicant’s scholarship money not be recouped without any further obligation on his part.

THE BOARD RECOMMENDS 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 Air Force Reserve Officer Training Corps, on 29 November 2007, no debt was established.

The following members of the Board considered Docket Number BC- 2008-02482 in Executive Session on 17 September 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:

Exhibit A.	DD Form 149, w/atchs, dated 27 Jun 08. Exhibit B.	Memorandum, HOLM CENTER/JA, w/atchs,
Dated 16 Jul 08.
Exhibit C.	Letter, SAF/MRBR, dated 25 Jul 08.