RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02064
		INDEX CODE:  115.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Air Force Reserve Officer Training Corps (AFROTC) Undergraduate Pilot Training (UPT) slot be reinstated.

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APPLICANT CONTENDS THAT:

The AFROTC program unjustly took away his UPT opportunity, thus denying him a highly desired career path as an Air Force pilot.

In support of his appeal, the applicant provided an expanded statement, supportive statements, his AFROTC contract, documentation pertaining to his disenrollment, and other documents associated with the matter under review.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 29 Mar 01, the applicant contracted an agreement to participate in the Air Force Reserve Officer Training Corps AFROTC Professional Officer Course Program at the University of Idaho.  Upon the date of his graduation, he was to be commissioned as a line officer (pilot).  On 21 May 02, his categorization as a pilot was changed.

Applicant was appointed a second lieutenant, Reserve of the Air Force, on 23 Aug 02 and was voluntarily ordered to extended active duty on 21 Sep 02.

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of first lieutenant, having been promoted to that grade on 7 Sep 04.  His Total Active Federal Military Service Date (TAFMSD) is 21 Sep 02.

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AIR FORCE EVALUATION:

AFROTC/CC recommended denial noting the applicant’s disenrollment investigation was based on multiple discrepancies surrounding his admitted drug use.  They noted the applicant initially denied any prior marijuana use on his AF Form 2030, USAF Drug and Alcohol Abuse Certificate, on 22 Aug 98.  On 25 Jan 00, he denied any use on his DD Form 2492, DoD Medical Examination Board Report of Medical History.  On 6 Sep 00, he recertified on his AF Form 2030 that he had not used any drugs, including marijuana.  However, when completing his security clearance application on 2 Oct 00, he admitted to marijuana use on 14 Jun 99.  Since this was after he completed his initial AF Form 2030, it was considered post-orientation drug use and was disqualifying.  He countered this disqualifying condition by stating he put the wrong date and that his drug use occurred on 14 Jun 98.  If that is true, AFROTC/CC indicated the applicant submitted a false official statement about the marijuana use approximately 68 days later when he initially certified on his AF Form 2030 he had not used marijuana.  The applicant then claimed he misread the initial AF Form 2030, the DD Form 2492, the second AF Form 2030 during recertification, and then entered the correct information later when completing his security clearance paperwork.  Since they could not prove he deliberately lied, AFROTC/CC stated they did not disenroll him from AFROTC.

According to AFROTC/CC, there are two plausible explanations for these events, and they are either the applicant submitted false official statements three times in a row, or he is not competent enough to fill out simple basic forms correctly.  In either case, he should not be considered for reinstatement of his pilot slot.

AFROTC/CC noted the pilot slot was offered to the applicant during his tenure as a cadet at AFROTC.  The pilot slot was deliberately withdrawn and given to the highest qualified cadet on the AFROTC pilot alternate list.  Once the applicant graduated and went on active duty, he was no longer an AFROTC asset.  Therefore, if he desires to earn a future pilot slot, he should compete among his peers on active duty in the Undergraduate Flying Training Board.

AFROTC/CC indicated it concurred with the actions taken against the applicant and does not believe he was mistreated or denied due consideration in his disenrollment investigation.  In fact, by allowing him to continue in the program and gain a commission in the Air Force, the AFROTC was most gracious and gave him the benefit of the doubt.

A complete copy of the AFROTC/CC evaluation, with attachments, is at Exhibit C.

AFPC/DPAO indicated they have no recommendation regarding actions taken against the applicant prior to his entering on active duty.  They did note that he competed for pilot training during their Mar 04 selection board but was not selected.  However, since he has two more years of eligibility, he may apply for the 2005 and 2006 selection boards before exceeding the maximum five years of commissioned service.

A complete copy of the AFPC/DPAO evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinions and furnished a response indicating he has always held the highest integrity and has never falsified any Air Force paperwork.  He proved the date of his marijuana experimentation to the disenrollment board and it was the only time in his life he experimented with marijuana.  He has matured since that time and is more responsible and more thorough on everything he accomplishes.  He asks that the Board give him the chance to prove to the Air Force and this great country that he would make a very successful aviator.

Applicant’s complete response, with attachments, is at Exhibit F.

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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.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions and the documentation provided in support of his appeal sufficiently persuasive to override the rationale provided by AFROTC/CC.  No evidence has been presented which shows to our satisfaction that the information used as a basis for the withdrawal of the applicant’s AFROTC pilot slot was erroneous, or there was an abuse of discretionary authority.  Furthermore, we note the applicant competed for pilot training while on active duty but was not selected.  However, it also appears he will have other opportunities to compete, since he has two more years of eligibility.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, we agree with the recommendation of the AFROTC/CC and adopt its rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing he has suffered either an error or an injustice.  Accordingly, we find no compelling 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-2004-02064 in Executive Session on 16 Dec 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFROTC/CC, dated 13 Jul 04, w/atchs.
    Exhibit D.  Letter, AFPC/DPAO, dated 17 Aug 04.
    Exhibit E.  Letter, SAF/MRBR, dated 20 Aug 04.
    Exhibit F.  Letter, applicant, dated 14 Sep 04, w/atchs.