RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-00774
		INDEX CODE:  104.00
	 	COUNSEL:  None
		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: Sep 14, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 785, Record of Disenrollment from Officer Candidate – Type Training, rating of a “5” be re-evaluated so that he can attempt to earn a commission in the U.S. Marine Corps (U.S.M.C.).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is unable to earn a commission and pursue a career as an Arabic Linguist in the U.S.M.C.

His record is unjust because it is unusually harsh.

The rating he received does not reflect him in a positive light given his current academic and behavior achievements.

He is currently taking 18 credit hours, playing intercollegiate varsity football, and working for a financial marketing firm, while maintaining over a 3.0 Grade Point Average (GPA).

He is a finalist to represent his university in a Summer Oxford Program.

In support of his request, the applicant has provided a character letter, a copy of his DD Form 785, DD Form 214, Certificate of Release or Discharge from Active Duty, and USAFA Form 0-112-1, Request and Authorization for Reassignment/Separation-Air Force Military.  

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 26 Jun 03, the applicant entered officer training.  He did not attend orientation prior to accepting his appointment to the USAF Academy. 

The applicant was scheduled to appear before a Military Review Board on 12 0ct 05 for his misconduct.

On 3 Oct 05, and after consulting counsel, the applicant submitted his resignation in lieu of involuntary disenrollment for misconduct.  Additionally, the applicant acknowledged the fact his resignation may cause him to be ineligible for further officer training. 

At the time of his resignation, the applicant had received an Article 15 for consuming alcohol, a Letter of Reprimand for being detained by a law enforcement officer and being issued a summons for exceeding the posted speed limit (75 miles per hour in a 55 miles per hour); and two Letters of Counseling for failing to return to his dormitory room by taps and for being disrespectful towards a superior.

His cumulative GPA was 2.78, cumulative Military Performance Average was 2.24, and his cumulative Physical Education Average was 2.31.

The applicant’s DD Form 785, dated 23 Nov 05, Section IV, Evaluation to be Considered in the Future for Determining Acceptability for Other Officer Training, was rated a “5” (definitely not recommended).  

Since the applicant’s  misconduct occurred prior to the start of his second-class academic year, he was discharged with an honorable discharge on 5 Dec 05.  

_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAFA/JA recommends denial of the applicant’s request.  The applicant’s record reflects a clear pattern of misconduct by him while a cadet at the Academy, which involved alcohol, disrespect to a superior, and being detained by civilian law enforcement authorities.  The applicant’s rating is based on documented misconduct.

The complete evaluation of HQ USAFA/JA is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Apr 07 for review and comment within 30 days.  As of this date, this office has not received a response.

______________________________________________________________

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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, 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.
_______________________________________________________________

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.
_______________________________________________________________

The following members of the Board considered Docket Number BC-2007-00774 in Executive Session on 15 May 2007, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jan 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memo, HQ USAFA/JA, dated 5 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Apr 07.

                                   
                                   Panel Chair