Hensala

ORDER GRANTING SUMMARY JUDGMENT FOR DEFENDANTS

INTRODUCTION

Under the Armed Forces Health Professions Scholarship Program, the United States pays for the medical education of participants on the condition that they then serve in the military. 10 U.S.C. 2120-27. When a participant does not complete the active-service requirement, the issue arises of whether he or she is required to repay the cost of the education to the United States. In this regard, the statute provides “that if such person, voluntarily or because of misconduct, fails to complete the period of active duty specified in the agreement ... such person will reimburse the United States in an amount that bears the same ratio to the total cost of advanced education provided such person.” 10 U.S.C.2005(a)(3) (emphasis added). The statute further provides that when a person might owe a debt that is disputed, “the Secretary shall designate a member of the armed forces or a civilian employee under the jurisdiction of the Secretary to investigate the facts of the case and hear evidence presented by the person who may owe the debt and other parties, as appropriate, in order to determine the validity of the debt. That official…