RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00291

xxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His debt he repaid from his Air Force Reserve Officer Training Corps (AFROTC) scholarship be refunded. 

APPLICANT’S CONTENTIONS

When he was disenrolled from the AFROTC program in 2002, he was required to repay the scholarship or serve four years in the service.  From 2004 to 2014, he made monthly payments and paid off this debt.  On Sep 10, he enlisted in the Army.  In 2014, after completing four years of service, he submitted the required paperwork to DFAS for a refund of the debt paid but received no response.  He continued to serve in the Army for a total of eight years.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former AFROTC cadet who later served in the Army as a captain (O-3).

Dated 24 Sep 02, DD Form 785, Record of Disenrollment from Officer Candidate Type Training, provided by the applicant, indicates the applicant was disenrolled from AFROTC for a breach of contract.

Dated 12 Dec 02, Reserve Order CC-166, provided by the applicant, indicates the applicant was honorably discharged from the AF Reserves effective 30 Oct 02.

On 14 Sep 10, DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, provided by the applicant, indicates the applicant enlisted in the Army for three years.

Period covered 1-31 Oct 18, DFAS Form 702, Defense Finance and Accounting Service Military Leave and Earnings Statement, provided by the applicant, indicates he served in the Army in the grade of captain (O-3).

On 26 Nov 18, Letter from Directorate of Debt and Claims Management, provided by the applicant, indicates the debt of $15,510.00 was paid in full as of 12 Aug 14.

For more information, see the applicant’s submission at Exhibit A and the advisory at Exhibit B.

AIR FORCE EVALUATION

AFROTC/CC recommends granting the applicant’s request for reimbursement of the AFROTC debt paid.  He was disenrolled from AFROTC on 30 Oct 02 for the failure to complete mandatory field training, pursuant to AFI 36-2011, Air Force Reserve Officers Training Corps (AFROTC) Program, paragraph 6.1.7 and AFROTCI 36-2011, Cadet Operations, paragraph 6.8.6.  As a result, his 3-year scholarship was terminated and he incurred a debt of $15,510.  The applicant enlisted in the Army on 14 Aug 10, commissioned as an officer on 3 Mar 11, and was honorably discharged on 27 May 19.  He has served on active duty for almost nine years.  He has paid of his debt as of 12 Aug 14.  The governing regulation for termination of recoupment, AFROTCI 36-2011, paragraph 16.11 states “AFROTC/RR will consider terminating the recoupment debt of disenrolled cadets who complete at least two years of continuous enlisted active duty service or who receive an active duty commission (with any branch of the United States Armed Forces).”  He has served more than 2 years of active duty service and has kept up with his payments throughout his years before and during service.  

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 14 Jun 21 for comment (Exhibit D), but has received no response.

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 concurs with the rationale and recommendation of AFROTC/CC and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 3 Mar 11, he completed the requirement of an active duty commission with the United States Army and the debt he incurred when he was disenrolled from Air Force Reserve Officer Training Corps program is reimbursed in the amount of $15,510.00.

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-2021-00291 in Executive Session on 20 Jul 21:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Sep 20.
Exhibit B:	Advisory opinion, AFROTC/CC, dated 4 Jun 21.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 14 Jun 21.

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.