RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  99-01259
		INDEX CODE:  128.00

		COUNSEL:  

		HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Order for recoupment of all funds expended on Armed Forces Health Professions Scholarship Program (AFHPSP) be rescinded.

APPLICANT CONTENDS THAT:

Counsel states that the applicant planned on entering active duty in July 1997 as a family practice physician.  He planned on serving his entire active duty service commitment (ADSC) to repay his financial obligation to the United States.  He never sought to avoid active duty.  He was prevented from entering active duty by action of the Air Force.  

He had a routine medical exam on 5 December 1996 and reported low to mid back pain with surgical laminectomy L4-5 level and what appeared to be carpal tunnel syndrome.  In honestly reporting his medical condition, he was not trying to get out of active duty.  

Applicant was informed of the Disability Evaluation System (DES), and opted against entering the system.  He did not believe that he would ever be found fit and saw no point in challenging the Surgeon General’s evaluation.  He requested a waiver of the repayment of indebtedness and explained that he did not disagree with the SG’s evaluation, but did not believe it prevented him from serving his active duty obligation.  He acknowledged that his medical condition prevented worldwide availability, but insisted that there were other places to serve.  He made it clear that if the Air Force would not waive some or the entire financial obligation, he wished to be permitted to serve his active duty commitment.

Applicant’s complete response is attached at Exhibit A.

STATEMENT OF FACTS:

Applicant was an Armed Forces Health Professions Scholarship Program (AFHPSP) student from 20 August 1990 through 30 May 1994.

On 22 May 1992, applicant was appointed captain, Medical Service Corp (MSC).

In 20 May 1994, applicant graduated from George Washington University School of Medicine.  

On 5 December 1996, applicant reported low to mid back pain with surgical laminectomy La4-5 level, and possible carpal tunnel syndrome during  a medical exam.

On 4 April 1997, he was found medically disqualified for extended active duty.

On 31 December 1997, he was notified of the Disability Evaluation System (DES), that he was determined disqualified due to progressive and symptomatic degenerative disc disease and bilateral carpal tunnel syndrome, and he had been recommended for discharge.

On 20 January 1998, he submitted his election of options, and did not choose to be entered into the DES; and chose to submit a Tender of Resignation (TOR) and a letter requesting a waiver of the repayment of his indebtedness.

On 1 May 1998, the Air Force Personnel Council directed the applicant be honorably discharged and determined he was required to reimburse the United States Government for the funds expended on his education.  Indebtedness incurred by applicant totaled $107,766.36.

He was discharged on 8 May 1998, under the provisions of AFI 36-3209, paragraph 2.46.3, Separation Procedures for Air National Guard and Air Force Reserve Members, and he received an honorable discharge.

AIR FORCE EVALUATION:

The Director of Personnel Program Management, HQ ARPC/DPP, reviewed this application and states that the AFBCMR does not have the authority to waive recoupment.  The SAF is the final authority on waiving indebtedness of the United States Government.  The Board, however, can make a determination on whether an error or injustice has occurred.  By applicant signing the contract, he understood the terms of the contract and the commitment he entered with the United States Government regarding the recoupment issues.  Therefore, an error or injustice has not occurred.  Therefore, they recommend denial of applicant’s request.

A complete copy of the Air Force evaluation, with attachment, is attached at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 September 1999, a copy of the Air Force evaluation was forwarded to the applicant for review and response within thirty days.  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 probable error or injustice.  After reviewing the evidence of record, we are not persuaded that the applicant has been the victim of either an error or injustice.  It appears that the applicant chose to submit his resignation rather than being evaluated under the Disability Evaluation System (DES).  Based on this decision, he incurred an indebtedness for funds expended on his Armed Forces Health Professions Scholarship Program (AFHPSP) education.  The evidence before this Board does not reveal that the applicant was miscounseled at the time he made his decision to resign.   Therefore, we find no basis upon which to recommend favorable action on this application.

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 2 February 2000, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 Mar 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 27 Aug 99, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 17 Sep 99.