RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02672 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: Recoupment of his United States Air Force Academy (USAFA) tuition be waived. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He separated from active duty through the Voluntary Early Separation Program under the Fiscal Year 2010 (FY10) Force Shaping Initiative. As a result, he received a debt of $38,000.00; however, in March 2010, the Air Force changed its policy waiving recoupment for USAFA graduates that have chosen to separate early, whether voluntarily or involuntarily. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 1 Mar 10 resignation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant applied for separation in accordance with (IAW) the FY10 Force Management Program under the Limited Active Duty Service Commitment (LADSC) waiver program. On 16 Nov 09, his request was approved with a separation date of 1 Mar 10. The applicant resigned his commission on 1 Mar 10 under the provisions of AFI 36-3207, for miscellaneous/general reasons, with service characterized as honorable. He was credited with 3 years, 9 months, and 1 day of active duty service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOS recommends denial, stating, in part, based on the documentation on file in the master personnel record, they did not find any error or injustice in the processing of the applicant’s separation from the Air Force. The applicant did not submit any evidence or identify any errors or injustices in the discharge processing, nor did he provide any facts to waive the recoupment of his USAFA tuition. The Air Force released its Personnel Services Delivery Memorandum (PDSM), on 25 Mar 10, Expanded FY10 and FY11 Force Management Program, that provided expanded provisions to waive recoupment of monetary payments linked to some officer ADSCs under the LADSC waiver program. Specifically, recoupment was waived for three of the five years of Service Academy Graduation and two of the four years for Reserve Officer Training Corps (ROTC) scholarships. However, the applicant had an existing approved separation on file which made him ineligible for the expanded programs. The complete AFPC/DPSOS evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 Feb 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 view of the above, and in the absence of evidence he has been treated differently than others similarly situated, we find no 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(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2010-02672 in Executive Session on 24 March 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 12 Jan 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 11 Feb 11.