RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-05069 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His debt to the government in the amount of $9,308.39 be waived. _________________________________________________________________ APPLICANT CONTENDS THAT: An unjust debt was levied upon him for recoupment of a pro-rata share of the scholarship he was awarded for participation in the Air Force Reserve Officer Training Corp (AFROTC) program. The debt is unjust for the following reasons: 1. He was involuntarily separated from service. His strong desire was to pursue a career in the Air Force and fulfill his obligation. 2. He believes the Air Force’s decision to separate him should relieve him of any further obligation. A review of his military record will reveal no record of misconduct or negative report of any kind. 3. Due to his unexpected separation, he is not financially capable of reimbursing the government. Due to his pending separation he will soon be without a job and the means to meet his current obligations. 4. The money that is being sought was awarded to him as a scholarship to help him complete AFROTC and earn his college degree, which he did. He understands the funds were contingent on his completing his obligation to the Air Force; however, it was the Air Force’s choice to deny his request for reassignment. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered into a AFROTC contract on 28 Aug 08 and was awarded a 2.5 year scholarship to pay his education costs. In the contract the applicant agreed to a basic active duty service commitment (ADSC) of four years from the date of entry on active duty unless accepted into undergraduate pilot or navigation training or other programs requiring additional ADSC, in which case his ADSC would be extended as permitted by law and Air Force instructional guidance. The applicant was subsequently appointed as a second lieutenant in the Reserve of the Air Force effective 8 May 10. The applicant entered active duty on 17 May 10 and entered undergraduate pilot training (UPT) on 6 Jun 11, incurring an ADSC of 10 years from the date of award of rating to run concurrently with the ADSC incurred from date of appointment. On 7 Jul 11, the applicant executed a “drop on request” action and was eliminated from UPT. On 7 Sep 11, the applicant signed a “Officer Initial Skills Training Eliminee Acknowledgement and Indication of Choice” statement indicating his understanding that the Air Force might retain him and reclassify him based on Air Force needs and that if retained he would accept the Air Force Specialty Code selected for him. However, if there was not an Air Force need to retain him, in accordance with Title 10, U.S.C., Section 630, he understood the Air Force could involuntarily discharge him. He acknowledged his understanding of his choice of wanting to be reclassified or not wanting to be reclassified. The applicant indicated that after reading the statement, he still wanted to be reclassified. The applicant also signed a recoupment statement indicating that he understood that if he was separated, before completing the period of active duty he agreed to serve; as a result of being eliminated from initial skills training (IST) course (whether self-initiated or involuntary, and whether before or after the start of training) he might be subject to recoupment of a portion of education assistance, special pay, or bonus money received. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIP indicates that the applicant’s case was properly handled and the decision to recoup a pro rata share of his educational assistance is appropriate. On 9 Apr 10, SAF/MRB delegated to AFPC/CC authority to approve discharge of probationary officers who do not complete IST and when there is no requirement for the officer’s continued service. The authority included directing recoupment of unearned portions of bonuses, special pay, and education benefits or stipends as well as waiving recoupment action involving amounts less than $500. As a default, Title 10 U.S.C., Section 2005 requires recoupment of the pro-rata share of unearned portion of his ADSC for his AFROTC education. The only way recoupment may be waived is if the inability to complete his ADSC is beyond his control. The applicant’s inability to fulfill his ADSC for the career field for which he was brought on active duty is considered within his control due to his decision to self-eliminate from UPT. AFPC/DPSIP’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the evaluation by AFPC/DPSIP was forwarded to the applicant on 10 Feb 12 for review and comment within 30 days (Exhibit D). To date, a response has not been received. _________________________________________________________________ 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 the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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-2011-05069 in Executive Session on 14 Jun 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-05069 was considered: Exhibit A. DD Form 149, dated 19 Dec 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIP, dated 31 Jan 12. Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12.