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Unreal recoupment problem! Please help!

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redsnapper9

Junior Member
(Posted under military law also, but would like a variety of opinions)
I am a senior in Air Force ROTC in Tennessee. I was awarded a Type 2 scholarship (upgraded) by the Air Force when I was in high school.

Summer 2003 I went in for my commissioning physical and when I filled out my medical history I added bronchitis under 'other' (I had bronchitis for a year or so when I was 13). My NCOs said I would need my medical records, and when they were sent to the det. there was no indication of bronchitis, but asthma was instead all over my records! Never had my physician told my mother or I that I had asthma or that the medications she prescribed me were to treat asthma.

To make a LONG story short, after several waivers and boards I have been certified as medically disqualified by HQ AFROTC/AETC. After this occurred I was disenrolled and am now facing a $60,000 recoupment! This is due in part because they believe I fradulently signed an Air Force contract and have been hiding this medical issue. I highly value personal integrity, and on my medical form I chose to cite the asthma with a notation that I was unaware I had been diagnosed and did not know about it until my records came.

In the meantime I went and saw an allergy and asthma specialist, certified by MEPS, to refute the asthma diagnosis. After a battery of tests he indeed concluded that I do not have asthma, nor is it likely I ever did. He wrote a letter attesting to this which I sent in with my waivers, but HQ seems to have ignored his professional opinion and the test results.

I am a good cadet, have garnered many awards, am academically outstanding, was rated as superior at my Field Training, and have never failed a PFT. On my 785, after I was told I was disenrolled, HQ said that I was a good candidate for a commission should my medical issues be cleared up...but I thought they were!

My questions:

1. What can I do about the recoupment? If it comes down to it I would prefer to settle the amount in the neighborhood of $28,000 (my first year and a half free, but the book stipend, half of second year, and all of third year repaid). However, I believe I was pursued in the disenrollment process illegitimately. HQ conducted it under AFROTCI 36-2015 para. 3.2.3 as though I had known I had a medical issue, when they should have pursued it under the auspices I didn't know, AFROTCI 36-2015 para. 2.2.5 (a non-investigative disenrollment wherein I wouldn't owe anything). From the start to the finish of this process I maintain that I had no prior knowledge of this problem, I was 13 for crying out loud!

2. What should I do in the meantime? I was advised that calling my congressman wouldn't be a bad idea, although it wasn't "encouraged." I have done this (thorough letter about the problem, release of info, etc.), but who knows how long all that will take.

I have become increasingly soured by this process, and I find myself less and less inclined to become an Air Force officer. At this point I have completely lost my respect for HQ and frankly I would rather get out than continue to pursue this issue.
 



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