RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00747
		INDEX CODE:  104.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Record of Disenrollment from Officer Candidate - Type Training (DD Form 785) Section III be changed as follows:

	1.  Change Section III to “due to personal reasons;” 
	2.  Change Section IV from 5 - DEFINITELY NOT RECOMMENDED to 3 - SHOULD NOT BE CONSIDERED WITHOUT WEIGHING THE “NEEDS OF THE SERVICE” AGAINST THE REASONS FOR THIS DISENROLLMENT; and,
	3.  Phrases in the remarks section regarding “Honor Code violations” “and athletic” be removed.

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APPLICANT CONTENDS THAT:

He was unaware that he was alleged to have several honor violations and be on athletic probation.  He left the academy voluntarily for personal reasons.

In support of the application, the applicant submits copies of his separation document (DD 214), his Honorable Discharge certificate, and his Record of Disenrollment from Officer Candidate – Type Training (DD 785).  The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

A complete copy of the applicant’s records is no longer available.  The following is the only known information pertaining to the applicant’s military service record.  

On 1 July 1993, the applicant entered the Air Force Academy at the age of 19.  

On 8 January 1994, the Military Review Committee (MRC) reviewed the applicant’s record, and notified the applicant of its decision to recommend him for Disenrollment from the U. S. Air Force Academy for demonstrated deficiency in aptitude for commissioned service.  The applicant acknowledged receipt of notification, and opted to appeal by appearing before the MRC.
On 31 January 1994, the applicant submitted his Tender of Resignation in Lieu of Involuntary Disenrollment Action, indorsed by his counsel, to the Commandant of Cadets.

On 4 April 1994, the Honor Investigative Panel (HIP) Summary stated that on 9 December 1993, a HIP convened to hear the applicant’s case.  The applicant allegedly lied by falsely documenting that he received more hours of extra instruction (E.I.) from his instructors than he actually did.  The HIP determined a large discrepancy was noticed between the amount of E.I. the instructors said they had given and the amount the applicant stated he had received, and thought that enough evidence existed to conclude that an act had occurred that might be considered a potential honor violation.  The case was forwarded to the Wing Honor Board.

On 25 May 1994, the U.S. Air Force Academy superintendent recommended the applicant be honorably discharged from the Air Force and issued an Honorable Discharge Certificate. The applicant was medically cleared for discharge.

On 31 October 1994, the applicant was honorably discharged due to Voluntary Disenrollment.  He was credited with one year and four months of active service.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.
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AIR FORCE EVALUATION:

HQ USAFA/JA recommends approval of the applicant’s request that the verbiage of academic or athletic probation be removed from his Record of Disenrollment.  However, they recommend denial of the applicant’s requests to change the reason for his disenrollment and upgrade the rating of his DD Form 785 from a 5 (Do not recommend for future commissioning), to a 3 (Weigh the needs of the service against the reason for Disenrollment).  USAFA/JA states the applicant did not resign for personal reasons, but he resigned in lieu of involuntary Disenrollment action.  USAFA/JA notes the applicant was being recommended for Disenrollment by the MRC for aptitude deficiency after he received a semester Military Performance Average (MPA) less than 2.00, cumulative MPA less than 2.00 and a rating from his AOC of 0.00.  Additionally, he was being investigated for two honor code violations.  USAFA/JA states there was enough evidence of substandard performance to support the rating of 5 on his DD Form 785.  USAFA/JA also states the indications of honor violations should not be stricken from the remarks because two HIPs found sufficient evidence to proceed to a Wing Honor Board.  The HQ USAFA/JA evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 April 2004, the applicant requested his case be temporarily withdrawn until such time as he was able to proceed and submit further evidence in support of his request (Exhibit D).  

On 8 October 2004, the applicant requested his case be reactivated and provided his detailed refutations regarding the ratings and remarks on his DD 785.  The applicant’s complete submission is at Exhibit E.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting the removal of the statement in the “remarks” section of the document prepared in connection with the applicant’s disenrollment from the Air Force Academy indicating he had been placed on academic and athletic probation.  We have noted the comments contained in the Air Force evaluation concerning this matter and concur with their recommendation.  Therefore, we recommend the disenrollment document be corrected as indicated below.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting favorable consideration of the applicant’s requests to change the reason for his disenrollment and upgrade the recommendation for entry into future officer training.  Based on the lengthy passage of time, there is only limited records available pertaining to the circumstances leading up to the applicant’s disenrollment from the Air Force Academy.  However, the available information indicates the applicant resigned prior to the convening of Academy Boards to review allegations of aptitude and academic deficiencies, and a Wing Honor Board for alleged violation of the Cadet Honor Code.  Other than his own assertions, the applicant has provided no evidence that would lead us to believe the information in the available Academy records is erroneous, his substantial rights were violated, his superiors abused their discretionary authority or his decision to resign from the Air Force Academy was coerced in any way.  Accordingly, we have no basis on which to favorably consider the applicant’s requests for a change to the reason for his disenrollment and an upgrade to the recommendation for his entry into future officer training.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected by amending the DD Form 785, Record of Disenrollment from Officer Candidate-Type Training, dated 31 October 1994, by removing from the fourth sentence in the Remarks section the statement “Cadet        was on academic and athletic probation, and”, thereby resulting in a fourth sentence that reads, in its entirety, “At the time of resignation, his cumulative Military Performance Average was 1.38, and his cumulative Grade Point Average was .20.”

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The following members of the Board considered this application in Executive Session on 16 November 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2004-00747.

     Exhibit A.  DD Form 149, dated 4 Mar 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ USAFA/JA dated 12 Mar 04, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04, w/atchs.
     Exhibit E.  Applicant’s Rebuttal, dated 8 Oct 04.

		

AFBCMR BC-2004-00747

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected by amending the DD Form 785, Record of Disenrollment from Officer Candidate-Type Training, dated 31 October 1994, by removing from the fourth sentence in the Remarks section the statement “Cadet   was on academic and athletic probation, and”, thereby resulting in a fourth sentence that reads, in its entirety, “At the time of resignation, his cumulative Military Performance Average was 1.38, and his cumulative Grade Point Average was 0.20.”