ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03191 COUNSEL: HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: 1. All recoupment efforts be permanently stopped. 2. His debt as a result of his Air Force Reserve Officer Training Corps (AFROTC) disenrollment be cancelled. 3. All negative references to his disenrollment be removed from his file. 4. He receive a honorable discharge. ________________________________________________________________ STATEMENT OF FACTS: On 16 Jun 11, a similar appeal was considered by the Board where the applicant requested reinstatement into the AFROTC program and that all recoupment action be stopped. The applicant’s records were corrected to reflect the following: 1. His DD Form 785, Record of Disenrollment from Officer Candidate - Type Training, dated 2 Apr 09, was removed from his record. 2. He was not disenrolled from AFROTC on 2 Apr 09, but was continued in that program; that his Source of Commission was (AFROTC), and any and all recoupment action associated with his disenrollment was stopped. 3. Appropriate actions were taken to effect his commission and promotion. For an accounting of the facts and circumstances surrounding the applicant’s appeal, and, the rationale of the earlier decision by the Board, see the Record of Proceedings and directive, at Exhibit F. By letter, dated 7 May 12, counsel notes that the Board ordered various corrections to the record; however, between 23 Dec 11 and 3 May 12, no action occurred with respect to the Board’s directive. Despite explicit orders by the AFBCMR to the contrary, DFAS initiated debt collection actions. The applicant's father was informed that it was the Air Force's interpretation of the AFBCMR decision that all relief was contingent upon his returning to active duty, 3 years after his disenrollment. Counsel states that several calls were placed to AFPC in attempt to learn the position of the Air Force on this matter. Counsel stated if it was the Air Force's position that the applicant be returned to active duty in order to benefit from the AFBCMR's recommendation; he requests the applicant's position be considered before the Air Force proceeds any further. Counsel states that the applicant does not wish to return to active duty and to do so would confound notions of fairness, logic and common sense. Counsel provides other reasons why the applicant should not be returned to active duty. Finally, he states that requiring the applicant to return to active duty in order to benefit from any relief resulting from the Board's finding that he suffered and error or injustice not only offends basic notions of common sense and fairness it arguably places the Board's actions in violation of federal law. On 15 May 12, the AFBCMR Executive Director clarified the Board’s directive and stated that the applicant was required to become a commissioned officer and serve on active duty to benefit from the relief directed by the Board. Counsel’s letter, dated 13 Jul 12, requests that all recoupment action be stopped; his debt be cancelled; all negative references to his disenrollment be removed from his file, and he be honorably discharged (Exhibit G). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. After thoroughly reviewing the documentation submitted in support of his appeal, we do not believe further corrective action is warranted. In this respect, we note that in the applicant’s original application he requested, through counsel, reinstatement in the AFROTC program and for the debt he received due to his disenrollment be waived, alleging that he should never have been disenrolled and noting his desire to be a valuable asset to the Air Force as an officer. The Board determined the punishment (disenrollment) he received for violating the 72-hour reporting requirement of his AFROTC contract by deliberately withholding notification of his civil involvement was too harsh. In view of this, his record was corrected to show that he was not disenrolled from the AFROTC program but continued in the program and that action be taken to effect his commission and promotion, and that any recoupment actions associated with his disenrollment be stopped. Despite the clear and unambiguous language contained in the applicant’s original request, in a letter dated 7 May 2012, counsel requested the Board confirm that it was their position the applicant be required to return to active duty in order to benefit from the correction directed to his record. On 15 May 12, counsel was advised that the Board’s directive required the applicant to become a commissioned officer and serve on active duty in order to benefit from the relief directed by the Board. Counsel now states the applicant does not desire commissioning on active duty and requests that recoupment actions be stopped, his debt be cancelled, any negative references to his disenrollment be removed from his file, and he be honorably discharged, contending that returning the applicant to active duty would undermine notions of common sense and fundamental fairness. However, as noted above, the Board’s directive clearly articulated the manner in which the applicant’s records were to be corrected, as requested by the applicant. Moreover, we find it abundantly clear from the applicant’s original request and contentions, that he desired the Board overturn his disenrollment in order to allow him to enter the Air Force as an officer. The applicant has benefited from the AFROTC program by receiving a 4-year degree at taxpayer’s expense, was successful in getting his disenrollment overturned and recoupment action ceased through the correction of records process and is now unwilling to return to active duty to fulfill his obligation. We find the facts and circumstances of this case in no way render him the victim of an error or an injustice. We find it incongruous the applicant would actually expect to benefit from the program and not expect to either repay his commitment through military service or repayment of the debt; especially considering the AFROTC contract he signed clearly indicated that if disenrolled, the decision to call him to active duty, pursue recoupment of monies expended on his education, or release him from his obligations would be within the sole discretion of the Commander, AFROTC. In the applicant’s case, there has been no showing the Commander, AFROTC abused his discretionary authority and therefore, he must either serve on active duty to fulfill his military service obligation or pay the debt incurred as a result of his disenrollment. In view of this and in the absence of evidence showing the applicant was treated differently from others similarly situated, we find no basis to recommend granting the relief sought. However, since the applicant no longer desires to become a commissioned officer and serve on active duty to fulfill his commitment, we would entertain his request to void the Board’s directive, which will return his records to its original state, i.e., disenrolled with recoupment. 2. 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. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2010-03191 in Executive Session on 2 May 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit L. Record of Proceedings, undated, w/atchs. Exhibit M. Letter, Counsel, dated 13 Jul 12.