RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01648

	COUNSEL:
	
  	HEARING:  NO

APPLICANT REQUESTS THAT:

The debt she incurred from participation in the Health Professions Scholarship Program (HPSP) course be set-aside.   

APPLICANT CONTENDS THAT:

She was unable to complete Commissioned Officer Training (COT) at Maxwell AFB, AL, due to a medical issue.  Therefore, the Air Force recouped $79,122.57 of scholarship money paid to her based upon her participation in the HPSP Program.  Her medical condition was beyond her control, and there was no evidence of fraud, fault, misrepresentation, or lack of good faith, so the collection of funds would be against equity and good conscience.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 28 Sep 11, the applicant signed an FY11 Air Force F. Edward Hebert Armed Forces Professions Scholarship Program (AFHPSP) Critical Skills Accession Bonus (CSAB) Agreement to serve in the military for eight years to qualify for the educational benefits of the program.  

On 4 Jun 12, the applicant was unable to complete her Physical Fitness Baseline at Commissioned Officer Training (COT) at Maxwell AFB, AL, and was admitted to a local psychiatric hospital the following day. 

On 22 Apr 13, the applicant’s commander recommended she be discharged for resignation in lieu of processing her for “physical disqualification,” and recommended recoupment of $79.122.47 in educational benefits expended on her behalf. 

On 8 Oct 13, the Director, Air Force Review Boards Agency, on behalf of the Secretary of the Air Force, directed she be honorably discharged from the Air Force Reserve, and directed recoupment in accordance with Section 303a of Title 37 United States Code (USC). 

Under Reserve Order RO-CL-005, dated 9 Oct 13, the applicant was honorably discharged from all appointment in the Air Force Reserve, effective 8 Oct 13.  

On 23 Oct 14, the Defense Finance and Accounting Service (DFAS) recouped $79,122.57 of educational funds expended on her behalf.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/FM recommends denying the application.  In addressing elimination from the Program, Air Force Instruction (AFI) 41-110, Medical Health Care Professions Scholarship Programs, Chap 3.10.1.1. states “Failure to comply with or meet, medical, academic, conduct, or administrative requirements IAW AF instructions, AF directives, or terms within Program contract.”  

AFI 36-3209, Separation And Retirement Procedures For Air National Guard And Air Force Reserve Members, Chap 1.18.3 states “Advanced educational assistance may also be recouped if the member fails to comply with any other term or condition of agreement (for example, failure to commence a period of active service due to physical disqualification).” Section 2005 of Title 10 USC states “that if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed pursuant to paragraph (4), such person shall be subject to the repayment provisions of section 303a(e) of title 37”.  

Title 37 USC Section 303a(e) states “A member of the uniformed services who receives a bonus or similar benefit and whose receipt of the bonus or similar benefit is subject to the condition that the member continue to satisfy certain eligibility requirements shall repay to the United States an amount equal to the unearned portion of the bonus or similar benefit if the member fails to satisfy the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.” 

On 23 Oct 14, DFAS denied the applicant’s request for a waiver of debt.  The applicant is not eligible to submit a Remission application due to not having been on Title 10 orders when the debt was incurred.  Recommend collection of the entire $79,122.57 debt.
 
The complete advisory is at Exhibit C.

THE APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 8 Feb 18 for comment (Exhibit D), and the applicant replied on 5 Mar 18.  In response, the applicant reiterates, through counsel, her “failure” was unintentional.  She was honorably discharged, not due to any misconduct.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

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

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/FM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2016-01648 in Executive Session on 16 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 31 Mar 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/FM, w/atchs, dated 11 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 Feb 18.
Exhibit E:	Applicant’s response, dated 5 Mar 18.

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