RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02012 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be amended to void the recoupment of her Critical Skills Accession Bonus (CSAB) for her sponsorship in the Armed Forces Health Professions Scholarship Program (AF HPSP). _________________________________________________________________ APPLICANT CONTENDS THAT: She should not be subjected to repay the CSAB. She was forced to resign due to her medical condition. In support of her request, the applicant provides an expanded statement and copies of documents extracted from her military personnel records and civilian medical records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 11 Jun 08, the applicant was commissioned as a Second Lieutenant (2nd Lt) in the Air Force Reserve. On 12 Jun 08, the applicant signed a contract for entry into the AF HPSP. She also agreed she would serve four years on active duty and four years in the Reserve in exchange for the assistance with the cost of her education. The applicant also agreed that if she were unable to complete her active duty service commitment for any reason, she would repay any unearned portion of any benefit, as determined by the Secretary of the Air Force. She entered the AF HPSP on 4 Aug 08. Her expected graduation date and completion of AF HPSP was 31 May 12. The funds that were dispensed for her medical school education was $84,023.90, which included $43,764.34 for tuition, books and supplies, and $44,093.00 for stipends, pays and bonuses, of which $3,833.55 was for active duty pay and a $20,000 CSAB. On 2 Jun 09, the applicant was medically disqualified for continued military service due to her diagnosis of ulcerative colitis. An administrative discharge action was initiated on 24 Jun 10. On 6 Jul 10, the applicant acknowledged receipt of the discharge notification. On 3 Aug 10, she elected to tender her resignation in lieu of entering the Disability Evaluation System (DES) for a determination of fitness. On 18 Feb 11, the Secretary of the Air Force approved the applicant’s resignation and directed she be honorably discharged with recoupment of only the CSAB. She was honorably discharged on 25 Feb 11. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPAME recommends denial noting the applicant signed the CSAB contract acknowledging and agreeing to the terms of the contract and should be required to reimburse the government for the CSAB as directed by the Secretary of the Air Force. The complete HQ AFPC/DPAME evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She did not willingly terminate her Air Force contract. The Air Force terminated the contract based on her being found unfit for continued military service. She is unable to work due to her condition and cannot afford to repay the CSAB. The applicant’s complete response, with attachment, is at Exhibit E. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. We note the comments of the Air Force office of primary responsibility indicating the applicant signed a CSAB contract, thereby agreeing to its terms, which included recoupment of the bonus if she was unable, for whatever reason, to complete the term of service stipulated. Nevertheless, while it appears there was no error on the part of the Air Force in effecting the applicant’s discharge and recoupment of the CSAB, the board majority believes it would be an injustice to require her to repay the bonus in light of her diagnosis and its impact on her ability to repay said bonus. Therefore, in the interests of equity and justice, the board majority is convinced it would be appropriate to correct the records as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that, upon her discharge from the Air Force on 25 February 2011, competent authority waived the $20,000.00 debt related to her receipt of the Critical Skills Accession Bonus (CSAB). _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02012 in Executive Session on 22 Feb 12 under the provisions of AFI 36-2603 By a majority vote, the Board recommended granting the requested relief. voted to deny the request and desires to submit a Minority Report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 May 11, w/atchs. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, AFPC/DPAME, dated 20 Jun 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11, w/atchs Exhibit E. Letter, Applicant, dated 6 Jul 11, w/atchs. Exhibit F. Letter, Minority Report, dated 12 Mar 12.