RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-04030
								INDEX CODE:  104.00
								COUNSEL: NONE

								HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The categorization of his United States Air Force Academy (USAFA) Cadet Wing Honor Code violation be changed from “Admit” to “Self-Report.”

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APPLICANT CONTENDS THAT:

The classification given to his Honor Code violation was unjust and subjective.  He has evidence and several witnesses to support this claim, and feels his case was handled with a biased nature which led to his subsequent disenrollment.

He has appealed this error at every level possible, and is seeking rectification.  He simply wants to be given the opportunity to complete his Bachelor’s Degree, contract with the Army Reserve Officer Training Corps (ROTC), and serve the nation as an officer in the U.S. Army.

In support of his appeal, he has provided copies of his USAFA disenrollment case file, numerous character references, and a statement from a U.S. Army lieutenant colonel.

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

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STATEMENT OF FACTS:

The applicant is a former USAFA second-class cadet (junior).  He entered the USAFA on 1 July 2004, and, at the time of his disenrollment, had incurred a 2-year Active Duty Service Commitment (ADSC).  On 19 July 2007, he was ordered disenrolled for an honor violation (lying), and the Superintendent determined he should serve-out his ADSC in the enlisted ranks.  The applicant appealed this decision and requested an educational delay of his entry onto active duty to pursue a commissioning opportunity with an ROTC detachment.  The Superintendent did not support the delay, and his appeal was referred to the Secretary of the Air Force Personnel Council (SAF/MRBP) for adjudication.

On 24 October 2007, SAF/MRBP recommended the applicant’s appeal be denied and, on 25 October 2007, a directive was signed directing he be transferred to the Air Force Reserve in an enlisted status, and he be ordered to active duty for a period of 2 years.

On 29 January 2008, the 25 October 2007 directive was rescinded, and a new directive was signed directing the applicant be honorably separated from cadet status and released from the ADSC he incurred for his USAFA attendance, contingent on his acceptance at both a college undergraduate degree program and an Army Air Force ROTC program leading to his appointment as a commissioned officer upon graduation.

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AIR FORCE EVALUATION:

USAFA/JA recommends denial of the applicant’s request to change the classification of his Honor Violation to “Self-Report.”  

The applicant has admitted that on or about 19 March 2007, he left the USAFA without signing-out to go on a date in Denver. While at his date’s apartment, he had three glasses of wine in a short period of time.  He felt he was not fit to drive back to the USAFA and waited two hours before leaving her apartment.  While driving back to the USAFA, he began to realize the gravity of his situation (Taps had already sounded), called the 1st Sergeant, and, when asked his whereabouts, answered he had fallen asleep while working on a project in another cadet’s squadron.  He was asked to immediately come back to the squadron for a visual Dormitory Inspection (DI) and agreed.  Later, he did not feel right about lying, and subsequently called the 1st Sergeant back and came clean with him concerning his whereabouts.  He argues that at no time did he believe he would be caught if he stuck to his initial lie, and believes his second phone call to the 1st Sergeant was a “Self-Report.”

On 26 April 2007, the applicant met a Cadet Sanctions Recommendation Panel (CSRP), a panel of cadets who review the facts of the case, obtain inputs from the respondent, and make a sanction recommendation.  In this case, although the applicant argued this was a “Self-Report”, the voting members of the CSRP, based on the evidence presented to them, determined the case was an “Admit”, and there is sufficient evidence in the file to support their findings and recommendations.

The Cadet Wing Honor Handbook states “In self-reported cases, a cadet must confess to the honor violation prior to being confronted about it.  The term “confronted” does not refer necessarily to a formal honor clarification, but includes any substantive evidence which would put the cadet on notice his violation will soon be discovered.  A case can be considered a self-report only if the honor violation would not have been discovered unless the cadet turned himself or herself in.”

In this case, the applicant did admit without being “confronted”, as he was not overtly put on notice that his violation would have been discovered.  However, comments were included in the file that would lead one to believe he knew his honor violation would be discovered based on common knowledge (every cadet knows through experience his room would be checked and his absence discovered).  The applicant’s late arrival for the visual DI (no cadet squadron is any further from any other cadet squadron than about 20 minutes) and nice dress (slacks and a polo shirt) to work on homework (very few cadets, if any, dress nicely to work on homework) would have inevitably led to the discovery of his lie.  From this basis, the case, although adamantly argued as a “Self-Report” is, in fact, an “Admit.”  A “Self-Report” requires a lack of substantive evidence indicating the violation would never have been discovered.

The applicant was afforded all appropriate due process rights throughout the consideration of his honor case, and his case was decided by his peers and has been reviewed from a legal standpoint.  The findings of the members of the CSRP regarding the nature of his phone call reporting he had lied was supported by the evidence, and he should not be rewarded for attempting to manipulate the facts of his honor violation.

The USAFA/JA evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 18 January 2008, for review and comment, within 30 days.  Additionally, on 29 February 2008, the applicant was given the opportunity to comment on/withdraw this application based on the 29 January 2008 directive releasing him from his ADSC, contingent on his being accepted into an ROTC program leading to his subsequent commission.  However, as of this date, no response has been received by this office.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant changing the applicant’s USAFA Cadet Wing Honor Code violation to “Self-Report.”  After a thorough review of the available evidence, we felt the evidence was not conclusive and did not fully support the finding that the applicant “admitted” his Honor Code violation as opposed to “self-reporting” the violation, especially in view of the fact that he was never overtly placed on notice that his Honor Code violation would be discovered.  We also note that the applicant has been honorably separated from cadet status and released from the ADSC he incurred for his USAFA attendance, contingent on his acceptance at both a college undergraduate degree program and an Army Air Force ROTC program leading to his appointment as a commissioned officer.  Therefore, in view of all the circumstances, we believe the benefit of any doubt should be resolved in favor of the applicant, and we recommend his records be corrected to the extent indicated below.  

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 issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the classification of his United States Air Force Academy Cadet Wing Honor Code violation, on or about 19 March 2007, was “Self-Report,” rather than “Admit.”

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The following members of the Board considered Docket Number BC-2007-04030 in Executive Session on 21 May 2008, under the provisions of AFI 36-2603:

BC-2007-04030

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Dec 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, USAF/JA, dated 20 Dec 07.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Jan 08.
    Exhibit E.  Letter, AFBCMR, dated 29 Feb 08.

                       

AFBCMR 2007-04030

MEMORANDUM FOR THE CHIEF OF STAFF

			Under the authority of Section 1552, Title 10, United States Code and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that:

				The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the classification of his United States Air Force Academy Cadet Wing Honor Code violation, on or about 19 March 2007, was “Self-Report,” rather than “Admit.”