ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00427-2

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

The Board reconsider his request to remove his Active Duty Service Commitment or allow his current Reserve Service Commitment to apply in exchange for his remission of his United States Air Force Academy (USAFA) debt.  

RESUME OF THE CASE

On 29 Aug 18 and on 21 Mar 19, the Board considered and partially approved his request for remission of his USAFA debt.   While the Board noted the 2018 Secretary of the Air Force Personnel Council’s (SAFPC) recommendation to deny the applicant to serve his commitment in an enlisted status and recommended tuition recoupment, the Board found the evidence sufficient to partially grant his request by allowing the applicant to fulfill a two year active duty service commitment in exchange for waiving the debt.    In this regard, the Board found that in 2013, the applicant’s former USAFA Superintendent had originally recommended that he be allowed to enlist in the active duty ranks for a period of two years.   While the applicant had disagreed with the Superintendent’s recommendation, the Board found it reasonable that the applicant did not understand that his decision would lead to a recoupment of debt.  The Board concluded that the interest of justice could best be served by allowing the applicant to fulfill his two year ADSC, but that the recoupment of the debt would be reinstated should the applicant fail to fulfill any portion of his ADSC.   

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit I.

On 28 Jul 21, the applicant requested reconsideration of his request to completely remove his ADSC or allow his recent enlistment into the Air Force Reserve for a period of six years count in exchange for being remitted from the debt.  His rationale for this request is due to a series of injustices and errors that began when he started the process in 2014.  The lengthy delays with his appeal to the Remissions Board and the subsequent and still ongoing processing delays with the Air Force Board for Correction of Military Records (AFBCMR), have been extremely burdensome and have now consumed the past eight years of his life.  

The applicant explains that when he finally received a favorable decision from the AFBCMR, he was under the impression that he would be allowed to serve as a Reservist so that he could continue with his current civilian career.  He states that the directive language used by the Board was confusing as it indicated active duty, but through the Reserve.  When he reached out to the AFBCMR for clarification, he was directed to DFAS, who then informed him that he would need to reach out to an Air Force Reserve recruiter.  After more than a year of receiving no contact regarding his AFBCMR decision, the applicant took it upon himself to contact a recruiter and received approval to enlist for a period of six years.  On Oct 2020 he reenlisted, but did so with the impression that his Reserve Service Commitment would be sufficient for the remission of his debt.  However, after he enlisted, DFAS informed him that his enlistment would not satisfy his obligation and he would need to serve for two years on active duty.  

In May of 2021, two years after the AFBCMRs original decision, he was finally contacted by the Enlisted Accessions office, who informed him that they received his information and would place him on active duty orders.   However, upon learning that he had enlisted in the Air Force Reserve, they could not place him on active duty orders and told him that he would need to figure out a way to transfer to active duty on his own.

The applicant further explains that when he started this process, he was 21 years old and didn’t have a college degree, a house, or a family to consider.  The education that he received from USAFA cost him $120,000, but his transferred credits only equated to two years of a bachelor’s degree.  Due to the lengthy process of the Remission and AFBCMR Boards, almost eight years have passed and entering active duty would now upend his career, his wife’s career, and change the life of his one-month old son.  While he believes that remission of the debt would be a fair remedy, he recognizes that he has already committed six years to the Reserve, and believes that upon completion of his service he should be released from his debt and obligation.  

In support of his reconsideration request, the applicant submitted the following additional evidence: (1) Timeline of events starting with his disenrollment from USAFA through today;  (2) documentation that supports his claims regarding the lengthy processing of his Remissions and AFBCMR cases, including attempts to get status updates on his cases; (3) a screenshot of a DFAS ticket between the applicant and a DFAS representative, which indicates that he should discuss his options with a recruiter (4) and a letter from AFPC responding to the applicants state senator; which explains that because the applicant was now a member of the Air Force Reserve, AFPC was unable to place the applicant on active duty status without voluntary action by the applicant and additional coordination with Headquarters Air Force and Headquarters Air Force Reserve Command.   

The applicant’s complete submission is at Exhibit J.

STATEMENT OF FACTS

The applicant is an Air Force Reserve airman first class (E-3).  

On 24 Jun 10, the applicant signed USAFA Form O-205, Record of Acceptance, Obligation, Reimbursement and Oath of Allegiance, that stated if he failed to complete the specific educational requirements, at the option of the Secretary of the Air Force, he would either serve enlisted on active duty, or reimburse the United States for the entire cost of education in the manner provided by statute.

On 8 Feb 13, the applicant was involuntarily disenrolled from the USAFA for misconduct of violating a no-contact order and conspiring with other cadets to fabricate a story, providing alcohol to cadets under the legal age of 21, and making false statements.

On 22 Oct 20, DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, shows that the applicant enlisted in the Air Force Reserve for a period of six (6) years in the grade of Airman First Class.  

For more information, see the excerpt of the applicant’s record at Exhibit I and Exhibit K.   

APPLICABLE AUTHORITY/GUIDANCE

10 U.S.C. § 9348 - U.S. Code - Unannotated Title 10. Armed Forces § 9348. Cadets:  agreement to serve as officer

Subsection (a) Each cadet shall sign an agreement with respect to the cadet’s length of service in the armed forces.

Subsection (b)(1)  The Secretary of the Air Force may transfer to the Air Force Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a).  The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of this title.

Subsection (f)  A cadet or former cadet who does not fulfill the terms of the agreement as specified under subsection (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37 .

DoDI 1322.22, Service Academies, Enclosure 3, Procedures, Section 6. Management of Cadets and Midshipmen

(1) Individuals failing to complete the required course of academy instruction (including disenrollment for academics, conduct, honor code violations, or physical deficiency) will be disenrolled. 

(2) If an appointment is terminated before graduation due to a U.S. cadet’s or midshipman’s breaching his or her agreement, or if a U.S. cadet or midshipman refuses to accept a commission following graduation, the 8 year MSO will be fulfilled by the period for which the member is ordered to serve on active duty or in the Reserve Component in an applicable enlisted status. He or she may be ordered to active duty for a period not to exceed 4 years under sections 4348(b), 6959(b), or 9348(b) of Reference (f).  Policies that apply to U.S. cadets or midshipmen disenrolled from an academy who entered the academy directly from civilian status are:

(c) Second or First Classmen (Third and Fourth or Subsequent Years). Any second or first classman who is disenrolled and who is not suited for enlisted Military Service for reasons of demonstrated unsuitability, unfitness, or physical disqualification, will be discharged in accordance with the current Military Service regulations that implement this Instruction, to include monetary recoupment. Other second or first class cadets and midshipmen disenrolled after the beginning of the second class academic year, but before completing the course of instruction, may be transferred to the Reserve Component in an enlisted status and ordered to active duty for not less than 2 years, but not more than 4 years and incurs a MSO, in accordance with sections 4348(b), 6959(b), or 9348(b) of Reference (f).

AFI 36-3504, Disenrollment of United States Air Force Academy Cadets 

6. Enrollment and Disenrollment Acknowledgements.
6.1.4. If disenrolled prior to graduation, serve on active duty as an enlisted member in the Air Force Reserve or Active Component, for a period of time as specified by the Secretary of the Air Force; or, at the election of the Secretary of the Air Force, or a designee, reimburse the United States for education costs:

6.1.4.1. When it is determined by the Secretary of the Air Force, or a designee, that fulfillment of the active duty service obligation by the cadet would not be in the best interests of the Air Force, due to misconduct on the part of the cadet and the cadet is discharged,

6.3. The Secretary of the Air Force, or a designee, assigns active duty as the primary means of reimbursement for education. The Secretary of the Air Force, or a designee, may require cadets who do not serve on active duty (due to the nature of their misconduct or because they successfully request relief from the active duty service obligation) to reimburse the Government for the cost of their education, as determined by applicable finance instructions, or grant educational delay for the purpose of allowing the disenrolled cadet to obtain an alternative commissioning source.

10. Active Duty Service Commitments, Enlisted Grade Determinations, Reimbursement, and Educational Delays. The Superintendent reviews active duty obligations. The AFPC assigns military grades to cadets whom the Academy disenrolls prior to graduation and retains in the Air Force, in accordance with Department of Defense Directive (DoDD) 1332.23. [Now DoDI 1322.22] 
10.1. Active duty service is the primary means of reimbursement for an Academy education (10 U.S.C. §2005, Advanced Education Assistance). However, the Secretary of the Air Force, or a designee, may direct monetary recoupment in lieu of active duty when he or she determines the cadet’s record at the Academy renders the cadet unsuited for active duty service, or that active duty service otherwise is not in the best interest of the Air Force. All such cadets who have incurred a military commitment and are disenrolled or resign under circumstances amounting to a breach of the 10 U.S.C. §9348 agreement, will be discharged from the service, and may be subject to monetary recoupment. 

The entire guidance can be found at Exhibit K.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board finds a preponderance of the evidence substantiates the applicant’s contentions and notes the various processing delays the applicant endured and the passage of eight years since he was disenrolled from the USAFA.  Given the applicant has already reenlisted in the Air Force Reserve and has committed to a six year service obligation, the Board finds in the interest of justice to credit the applicant’s 6-year Reserve commitment in lieu of his two-year active duty service commitment and waive the debt he incurred from his attendance at the USAFA.  However, should the applicant not fulfill his Reserve commitment then the recoupment of debt will be reinstated.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show:

a.  Recoupment of the costs of advanced education incurred by attendance at the United States Air Force Academy is waived subject to fulfillment of six (6) years of satisfactory service in the United States Air Force Reserve.

b.  It is further directed that recoupment of the pro rata costs of advanced education incurred by attendance at the United States Air Force Academy shall be reinstated should he not fulfill any portion of his Reserve service commitment. 

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-00427-2 in Executive Session on 19 Apr 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit I:	Record of Proceedings, w/ Exhibits A-H, dated 25 Apr 19.
Exhibit J:	Application, DD Form 149, w/atchs, dated 28 Jul 21.
Exhibit K:	Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.