RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03925
		INDEX CODE:  104.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reinstated as a cadet at the United States Air Force Academy (USAFA).

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APPLICANT CONTENDS THAT:

The USAFA did not follow the procedures clearly outlined in the Cadet Wing Honor Code Reference Handbook.  Not all information surrounding the honor violation allegations was properly disclosed, and he was therefore, precluded from properly responding to the allegations.

In support of his request, applicant provided a copy of documentation associated with his elimination from training.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered the USAFA on 28 Jun 01.  On 30 Jul 02, a Wing Honor Board (WHB) convened to consider and make findings on allegations that he violated Cadet Wing Honor Code by cheating when he submitted coursework on an English 111 paper without properly documenting the help he received and by lying when he implied, in an e-mail to his instructor, that he was sending the same document he had attempted to send the previous day.  The WHB found no violation of cheating, but found he had violated the Honor Code by lying.  The Superintendent sent the case to the USAFA Board.  The USAFA Board convened on 13 Nov 02 and made recommendations to the Superintendent.  On 13 Nov 02, the Superintendent directed that he be disenrolled for violating the Cadet Wing Honor Code.  He was honorably discharged from the USAFA on 14 Nov 02.

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AIR FORCE EVALUATION:

USAFA/JA recommends denial.  JA states that the Superintendent had the authority to disenroll the applicant for the violation of the Cadet Wing Honor Code.  The Superintendent took the additional, non-mandatory step of referring the case to the USAFA Board after the WHB made the recommendations.  Prior to referring the case, the Superintendent was aware of and was advised of the merits of the applicant's concerns regarding the WHB.  The Superintendent was within his discretion in ordering the disenrollment and discharge.  The applicant presents nothing new relative to the case.  

The JA evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31 Jan 03 for review and comment within 30 days.  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice that would warrant reinstatement into the USAFA.  The applicant was disenrolled from the Academy for having violated the cadet wing honor code.  After reviewing the circumstances surrounding the applicant’s dismissal from the Academy and the documentation submitted in support of his appeal, we find no error or injustice concerning the disenrollment action.  It appears that responsible officials applied the appropriate standards in the applicant’s disenrollment process, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of disenrollment.  Accordingly, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that he has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought in this application.

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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-2002-03925 in Executive Session on 3 Jun 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Dec 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, USAFA/JA, dated 14 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.