RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05005 

  						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

The recoupment decision made by the Initial Skills Training (IST) Reclassification Panel and the Air Force Personnel Center Commander (AFPC/CC) for the unserved portion of his United States Air Force Academy (USAFA) education costs be changed. 

APPLICANT CONTENDS THAT:

He incurred a five-year active duty service commitment upon graduation from the USAFA in May 2013.  He was subsequently eliminated from Undergraduate Combat Systems Officer Training and requested to be retained and reclassified in the Air Force.   AFPC/CC instead approved an honorable discharge based on the recommendation of the IST Reclassification Panel.  This action was entirely out of his control and incongruent with his desire to remain in the Air Force.  He fully intended to serve his active duty commitment. 

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

STATEMENT OF FACTS:

The applicant entered the USAFA as a cadet on 29 Jun 09 and then entered the Regular Air Force on 29 May 13.

On 22 Jul 15, the applicant was removed from Undergraduate Combat Systems Officer Training for failure to meet proficiency standards.  

On 17 Dec 15, the applicant was furnished an honorable discharge, and was credited with 2 years, 6 months, and 19 days of active service.  

Title 37, §303a(e) and Title 10, §2005, authorizes the recoupment of the remaining unearned portion of bonus, incentive pay, or similar benefit when conditions of payment are not met. (See Exhibit B – Miscellaneous Documents)

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denial, indicating the applicant has failed to exhaust all reasonable administrative remedies prior to seeking relief from the AFBCMR.  Furthermore, AFPC/DP2LT disagrees with the applicant’s contention he is not required to repay the prorated share of the cost of his education.  The applicant’s package was reviewed on 15 Oct 15 by IST Reclassification Panel.  The panel members reviewed the applicant’s request and recommended he be discharged and ordered to reimburse the Air Force for the unserved portion of the costs of his USAFA education.  On 30 Oct 15, the AFPC commander agreed with the panel’s recommendation and ordered the applicant discharged and to reimburse the Air Force for the unserved portion of the costs of his USAFA education.

A complete copy of the AFPC/DP2LT evaluation, with attachments, is at Exhibit C.

SAF/MRBB recommends denial, indicating the applicant has failed to exhaust all reasonable administrative remedies prior to seeking relief from the AFBCMR.  The applicant never applied for remission of his debt with Secretary of the Air Force Remissions Board (SAFRB).  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 30 May 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 not 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 an error or injustice regarding his reclassification processing and subsequent recoupment decision.  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’s reclassification processing, discharge, and subsequent recoupment decision were properly administered, and he has not been the victim of an error or injustice.  With regard to the applicant’s debt, the Air Force offices of primary responsibility have reviewed this application and indicated there is an available avenue of administrative relief should the applicant wish to seek forgiveness of his debt.  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.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS 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-2015-05005 in Executive Session on 27 Jul 17 under the provisions of AFI 36-2603:

	 Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05005 was considered:

	Exhibit A.  DD Form 149, dated 20 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records and 
			  Miscellaneous Documents.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 27 May 16,
  w/atchs.
	Exhibit D.  Memorandum, SAF/MRBB, dated 13 May 17.
Exhibit E.  Letter, AFBCMR, dated 30 May 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.