RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02140 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Air Force Reserve Officer Training Corps (AFROTC) debt that he incurred as a result of his disenrollment be cancelled. ________________________________________________________________ THE APPLICANT CONTENDS THAT: During the summer of 2005, he was injured while attending AFROTC Field Training at Ellsworth AFB. This injury was so severe that he had to be sent home from camp. Upon returning to his ROTC detachment, he was repeatedly sent to Scott AFB for medical evaluation. This caused him to miss numerous days of core academic classes, including those that he was required to attend to keep his AFROTC scholarship. Once it was determined that his ankle was not recovering in a timely fashion and it looked like he was going to be medically disqualified from military service, the cadre took what he believes to be a very unprofessional stance toward him being in the program. In summary, he is disputing the debt that he owes due to the unprofessional behavior that surrounded his disenrollment from the AFROTC program. Once it looked as if he was going to get a medical disqualification, the cadre at his detachment took a stance that did nothing but look for ways to give him letters of counseling (LOCs) in order to push him out of the program. In support of his appeal, the applicant provides a personal statement and email correspondence. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to the Air Force office of primary responsibility, there are no records concerning the applicant’s 2006 AFROTC disenrollment, since files are only maintained for three years from the date of disenrollment and then destroyed. ________________________________________________________________ THE AIR FORCE EVALUATION: Holm Center/JA recommends denial, stating, in part, that according to AFROTC/RRFD, the applicant was disenrolled from AFROTC in Mar 06. AFROTC/RRFD found no disenrollment records for the applicant. The applicant states that he was disenrolled from the AFROTC program "due to the unprofessional behavior" displayed by his detachment staff. They provided the following analysis of the case: a. There are no records contained at AFROTC concerning the applicant. Disenrollment files are maintained for three years from the date of disenrollment and then destroyed. b. Per AF Form 1056, part 1, para 2, ... If I am disenrolled, the decision to call (recall) me to active duty, pursue recoupment of monies expended on my education, or release me from my obligations under this contract is within the sole discretion of the Commander, HQ AFROTC (or designee).” c. The debt is a valid debt resulting from the applicant’s disenrollment and not an error to his military record. d. The applicant states that he feels that his concerns were not given enough weight in the disenrollment investigation and alleges that he submitted a rebuttal. In addition, he claims his rebuttal outlined the issues surrounding his injury, which led to his disenrollment. While the scheduled destruction of his record three years after his disenrollment makes it impossible to present the specific facts of his case, they can provide details regarding the disenrollment process. During the disenrollment, if a cadet elects to submit a rebuttal or response, that document is kept with the package and reviewed at all levels along with the report of investigation. The final disenrollment decision, made by HQ AFROTC, would have considered any response provided by the applicant prior to making a disenrollment decision on a case. The decision to disenroll the applicant from AFROTC and direct recoupment of funds was not punitive in nature, but merely an activation of the terms of the contract he voluntarily signed at the time he enlisted in the Obligated Reserve Section of the Inactive Reserves, and was in keeping with nationwide AFROTC policy. The complete Holm Center/JA evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 27 Jun 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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. 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. In addition, while we note the applicant’s contentions, that his debt incurred as a result of his disenrollment should be cancelled, based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume the applicant's disenrollment was proper and in compliance with appropriate directives. Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application. ________________________________________________________________ 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-2012-02140 in Executive Session on 20 December 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 May 12, w/atch. Exhibit B. Letter, Holm Ctr/JA, dated 25 Jun 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 27 Jun 12. Panel Chair