SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-1999-00780
		INDEX CODE:  104.00
		COUNSEL:  

		HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

He be reinstated to the United States Air Force Academy (USAFA).  In the alternative, he requests his debt to the government in the amount of $117,148.00 be remitted or substantially reduced.

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STATEMENT OF FACTS:

The applicant entered the U. S. Air Force Academy on 30 Jun 94.  On 12 Jan 98, the applicant was notified that he was being investigated for violating the USAF Academy Honor Code for lying.  A Wing Honor Board (WHB) found the applicant in violation of the USAF Academy Honor Code on the allegation that he had obtained signed covenants not to sue.  Following a legal review of the proposed disenrollment, the USAFA Superintendent forwarded a recommendation to the Secretary of the Air Force (SAFPC) that applicant be separated from cadet status, granted an educational delay of one year if requested, and subsequently called to active duty for three years in enlisted status as a senior airman for completion of his Active Duty Service Commitment (ADSC).  On 29 Sep 98, the Secretary of the Air Force approved the recommendation and directed that he be honorably separated from cadet status, transferred to the Air Force Reserve and ordered to active duty for a period of three years.

On 21 Dec 99, the Board considered the applicant's 15 Mar 99 application requesting that he be reinstated into the USAFA and that, upon reinstatement and his subsequent graduation, he be awarded a date of rank and effective date of 27 May 1998 to second lieutenant; or, in the alternative he be released from his active duty service commitment to serve three years as an enlisted member of the Air Force and that he be allowed to pay back the value of his USAFA education.  The Board recommended that he not be ordered to active duty, but instead he be allowed to reimburse the government for the costs of his USAFA education.  The Record of Proceedings with attachments is at Exhibit J.  

On 2 Jul 01, the Board considered and a majority of the panel members denied his request that he be reinstated to the USAFA; or, in the alternative, his debt to the government in the amount of $117,148.00 be remitted or substantially reduced.  The Addendum to the Record of Proceedings with attachments is at Exhibit O.

In his most recent request for reconsideration, counsel provided a letter from the manager of the USAF Flight Training Center which states that the applicant's accuser had a self-interest at stake in seeing the applicant held responsible for the unsigned insurance form.  The Honor Board XXXXXXXX did not permit witnesses at the hearing and the applicant was too inexperienced to obtain a written statement from her.  His accuser was also responsible for getting the statements signed, but failed to do so.  In support of his request, applicant provided his counsel's brief, a statement of support, and additional copies of documentation previously submitted.  His complete submission, with attachments, is at Exhibit P.

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THE BOARD CONCLUDES THAT:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After reviewing the additional evidence provided in support of his appeal, we remain unpersuaded that the relief requested should be approved.  We reviewed his counsel's brief along with the statement provided by the Flight Training Center manager; however, we do not find her allegations of impropriety on behalf of the Supervisor of Flying, mitigating in this case.  As we previously indicated, the applicant's alleged violation of the Honor Code was incongruent with the highest standards expected of a cadet.  There is no evidence that he was not afforded his due process rights and it appears the standards were appropriately applied in his disenrollment process.  Accordingly, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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.

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The following members of the Board considered AFBCMR Docket Number BC-1999-00780 in Executive Session on 18 Feb 04 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit O.  Addendum to Record of Proceedings, dated 2 Jul 01, 
                w/atchs.
    Exhibit P.  Counsel's Brief, dated 21 Oct 03, w/atchs.