RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02064 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be released from recoupment of his debt from his Air Force Reserve Officer Training Corps (AFROTC) Scholarship contract. 2. He be transferred to the Individual Ready Reserve (IRR) effective upon his release and separation from Active Duty. 3. He be refunded the premiums he paid into the Montgomery GI Bill (MGIB) program. _________________________________________________________________ APPLICANT CONTENDS THAT: He performed his duty to his country, and is more than willing to serve his commitment. On 10 May 10, he met a classification board to be placed into a new Air Force Specialty Code (AFSC). The Board chose to separate him and charged him over $33,000.00 for time not served on his AFROTC scholarship. Prior to meeting the board, he was given the choice to separate, go blue to green, or stay in the Air Force and reclassify into a new AFSC. He chose to stay in the Air Force and reclassify. Due to these circumstances, he should not have to pay the Air Force when it was their choice to not let him complete his service commitment. He should have been placed in IRR because of his willingness to serve. He would like to continue his service in the Air National Guard or the Air Force Reserve. Placing him in the IRR will allow him to serve out the time owed to the Air Force. The Air Force ended his service; he should not be held financially responsible by having to pay back the scholarship money for time not served. He was forced to pay into the MGIB and due to the Air Force releasing him prior to him serving his commitment; he is not eligible to receive the benefits. MGIB payments have been taken from his pay every month since entering Active Duty. He did not have a choice and was not allowed to stop the payments. In support of his request, the applicant provides a personal statement. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 4 May 07, the applicant enlisted as an airman first class (E-3), at the same time he entered into a 2 1/2 year AFROTC program at Auburn University. On 8 May 09, the applicant was commissioned in the Air Force Reserve in the grade of second lieutenant. The applicant signed an AF Form 1056, Air Force Reserve Officer Training Corps (AFROTC) Contract, as an Officer Candidate/Pilot. While awaiting Undergraduate Pilot Training (UPT) he was cited for driving under the influence (DUI). On 21 Dec 09, the applicant received a Letter of Reprimand (LOR) for his DUI arrest on or about 18 Oct 09. On 20 Jun 10, the applicant was honorably discharged. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force at Exhibit C and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIP recommends denial of the applicant’s request for waiver of the recoupment of the unserved active duty service commitment (ADSC) associated with his AFROTC scholarship. DPSIP states the applicant’s elimination from training and resulting inability to fulfill his ADSC was within his control and his requirement to repay the government the pro-rata share of his unserved ADSC should remain in effect in accordance with Title 10, United States Code (U.S.C.), Section 2005. Per Title 10, USC, the Air Force is required to recoup the pro- rata share of the applicant’s unserved ADSC associated with his ROTC scholarship. If his inability to complete the ADSC was deemed not within his control, the Secretary of the Air Force (SECAF) has the legal authority to waive recoupment. However, his actions while awaiting assessment onto active duty drove the elimination from training and thus were completely within his control. As a result, he was directed to repay the pro-rata share of the unserved ADSC associated with his scholarship. The complete DPSIP evaluation is at Exhibit C. AFPC/DPSI recommends denial of the applicant’s request for a refund of the premiums paid for MGIB benefits. DPSI states the applicant offers no evidence of a government error that caused him not to decline participation. The Law, as it is written, does not allow for any contributions to be refunded regardless of whether benefits are used or not. There is no record of the applicant taking the action to decline participation. The MGIB provides benefits for a variety of education and training programs. The law stipulates that all MGIB-eligible individuals are automatically enrolled in the MGIB upon entering active duty and are given a one-time opportunity to disenroll should they desire not to participate in the program. Eligible applicants may disenroll within two weeks of entering active duty _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 6 May 11, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit E). _________________________________________________________________ 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 that would warrant corrective action. We took notice of applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has failed to sustain the burden of proof of the existence of either an error or injustice in this case. After reviewing all the evidence provided, we are not persuaded the applicant’s rights were violated, that the debt was inappropriately established or that the applicant has been treated differently than similarly situated individuals. Regarding his request that he be placed in the IRR based on his willingness to serve, the applicant was discharged in accordance with the governing law and regulations. In addition, the applicant contends he should be refunded the premiums he paid into the MGIB; however, we note that the law precludes the refund of MGIB premiums whether benefits are used or not. In view of the above, and finding no evidence to dispute the recommendations of the Air Force, we conclude the applicant has not suffered from an error or injustice. Therefore, we find no basis to recommended granting the relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-02064 in Executive Session on 25 Oct 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Jun 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIP, dated 28 Feb 11. Exhibit D. Letter, AFPC/DPSI, dated 15 Apr 11. Exhibit E. Letter, SAF/MRBR, dated 6 May 11.