RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04851

						COUNSEL:  

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1. The Armed Forces Health Professions Scholarship Program (AFHPSP) recoupment be reversed:

a. All monies already collected be reimbursed, including the $30,000 penalty levied.

b. Any credit bureau information corrected, if necessary.

2. He receive active duty pay from Jul 13 through Sep 13.

APPLICANT CONTENDS THAT:

Because his separation was due to a medical condition beyond his control, he should be relieved from any recoupment action by the Government for not serving his AFHPSP military service obligation.  Statute and DoD guidance address exceptions to recoupment.  A previous BCMR case similar to his was overturned by the Director of the AF Review Boards ordering the record be changed to reflect no recoupment due to the applicant’s physical disqualification.  

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

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Air Force Reserve in the grade of captain (O-3), participating in the AFHPSP.  

On 27 Mar 12, according to documentation submitted by AFPC/DP2NP, AFPC/DP2NP [sic DPAME] in a memorandum, advised ARPC/SGP, that AETC/SG had determined the applicant was medically disqualified. 

On 13 Nov 12, the SECAF directed the applicant be discharged from the Air Force Reserve, effective 13 Nov 12, with an honorable service characterization, and further directed he reimburse the United States Government for the cost of bonuses or similar benefits (to include incentive pay, special pay, or similar payment, or an educational benefit or stipend) in accordance with USC 37, Section 303a. 

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

SAF/MRBB recommends denial indicating there is no evidence of an error or an injustice.  The applicant has not exhausted all administrative options within AFI 36-3034, Remission of Indebtedness.  A review of the case files revealed he has never requested remission through the Air Force Financial Services Center (FSC) and SAF Remissions Board (SAFRB).  As a note, because the applicant has not applied for a waiver or remission of the debt, the FSC has not accomplished a Debt Validation, therefore, SAFRB has no information regarding a valid debt amount.  This would be accomplished should the applicant apply for remission, via DD Form 2789, Waiver/Remission of Indebtedness Application.  

A complete copy of the SAF/MRBB evaluation is at Exhibit C.

AFPC/DP2NP recommends denial indicating there is no evidence of an error or an injustice.  Per 10 U.S.C. 2005, Advanced Education Assistance: active duty agreement; reimbursement requirements,   if the person does not fulfill any term or condition of the agreement, the person shall be subject to repayment provisions. Per DODI 6000.13, Accession and Retention Policies, and Incentives for Military Health Professions Officers (HPOs), a member who fails to fulfill his or her contractual agreement as a result of action not initiated by the Government, shall reimburse the Government for all tuition and other educational costs incurred as determined by the Secretary of the Military Department.  AFI 41-110 (23 Aug 2004) paragraph 1.10.5.2. states that if a member in the program is separated, the AF decides whether to recoup educational expenses (including grants and other expenses) after SAF reviews and decides the case.

The applicant was medically qualified via a commissioning physical dated 3 Feb 05 with no abnormal psychiatric conditions cited.  On 5 Mar 07, the applicant signed the FY07 Armed Forces Service Agreement AFHPSP, and the FY07 Statement of Understanding AFHPSP acknowledging/agreeing to reimburse the United States/DoD for the total cost of advanced education, plus interest, if he is relieved of the active duty obligation (ADO) before completion of the service obligation.  

He was enrolled in the AFHPSP from 6 Aug 07 - 31 Dec 10.  In preparation for the 2010 Joint Services Graduate Medical Education Selection Board (JSGMESB), he completed a health assessment and was found medically qualified with waiver by HQ AETC/SGSP on 13 Aug 10: (Waiver stated; “Depression on multiple medication and 6 electroconvulsive treatment within the past year.  He will need a follow up psychiatric evaluation (Nov 10) before final commission.  May remain in program for now.”  He applied for and was not selected for a psychiatry residency at the 2010 JSGMESB, but he was selected for a deferred Transitional Internship which he completed at Mercy Catholic Medical Center, Darby, PA from 28 Jun 11-27 Jun 12.  In preparation for his Jul 2012 accession to extended active duty (EAD), he attended an AETC/SG requested psychiatric evaluation at McGuire AFB, NJ, on 5 Dec 11 and was found medically qualified with waiver by AETC/SGSP on 28 Dec 11. (Waiver stated: “History of major depressive disorder, recurrent, treated with electroconvulsive, multiple medications, symptomatic at present.”) 

On 14 Feb 12, AETC/SG confirmed via email to HQ AFPC/DPAME that the applicant was not medically qualified.  AETC/SG stated that the earlier decision (28 Dec 11) was made prior to having access to the applicant’s latest records, and prior to speaking with psychologist that examined him on 5 Dec 11.  He was medically disqualified on 19 Mar 12 by AETC/SGPS.  HQ AFPC/DPAME recommended he be discharged with recoupment directed for funds expended on stipend, salary, tuition, books, and supplies ($144, 941.93).  In an Air Force Review Boards Agency letter dated 13 Nov 12, SAF directed discharge of member with Honorable service characterization with recoupment.  

Regarding request that the active duty pay from Jul 13 through Sep 13 be paid, HQ AFPC/DP2NP has no record of the applicant entering extended active duty.  He received stipends/pay through HQ ARPC/FM during his enrollment in AFHPSP (2007-2010).  These stipends/pay ended upon completion of HPSP.  While in the deferred Transitional Internship (2011-2012), Mercy Catholic Medical Center should have provided an educational allowance to him.  Their records indicate the applicant completed the internship in June 2012. He was subsequently discharged from the Air Force Reserves in Nov 12.  Additionally, regarding the applicant’s request that any credit bureau information be corrected, AFPC has no influence or ability to change credit bureau information of individuals.  

A complete copy of the AFPC/DP2NP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 22 Jun 17 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

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.  In this respect, we note this Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  SAF/MRBB has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued.  In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.

THE BOARD RECOMMENDS THAT:

The applicant be notified that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04851 in Executive Session on 22 Aug 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04851 was considered:

	Exhibit A.  DD Form 149, dated 11 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, SAF/MRBB, dated 26 Apr 17.  
	Exhibit D.  Memorandum, AFPC/DP2NP, dated 10 May 16, w/atchs.
	Exhibit E.  Letter, SAF/MRBR, dated 23 Jun 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.