RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01309 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 785, Record of Disenrollment From Officer Candidate – Type Training, be amended in Section III, paragraph 2, third sentence to read “He was recommended for violating the Cadet Wing Honor Code by using an altered Military ID Card indicating he was 21 years of age with the intent to gain admittance to nightclubs and consume alcohol underage” rather than “He was recommended for violating the Cadet Wing Honor Code by lying about using an altered Military ID Card indicating he was 21 years of age with the intent to gain admittance to nightclubs and consume alcohol underage” 2. His DD Form 785, Section IV, be changed to a “2” (Recommended as an average candidate) rather than a “3” (Should not be considered without weighing the needs of the service). ________________________________________________________________ APPLICANT CONTENDS THAT: He never “lied” about using his altered Military ID Card. All of his superiors can vouch for that. In addition, his Air Officer Commanding (AOC) and the Commandant of the United States Air Force Academy (USAFA) recommended him as an average candidate; however, his DD Form 785 reflects “Should not be considered without weighing the needs of the Air Force. He believes this was a mistake when his form was processed. He should be recommended as an average candidate since his superiors recommended him that way. He was on the Dean/Athletic Honor List and the fake ID was his first offense. In support of his request, the applicant provides a personal statement and a copy of his DD Form 785. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 26 June 2008, the applicant entered the USAFA to begin basic training. On 1 March 2010, he submitted his resignation in lieu of involuntary disenrollment for violating the Cadet Wing Honor Code. On the USAFA IMT Form 34, Cadet Separation Clearance/Referral, his AOC and Group AOC recommended a DD Form 785 rating of “2.” On 8 March 2010, the USAFA Superintendant, after having considered the DD Form 785 rating recommendations from the Cadet Wing chain-of-command, assigned a DD Form 785 rating of “3.” The remaining relevant facts extracted from the applicant’s available military records, are contained in the advisory opinion from the Air Force office of primary responsibility at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: USAFA/JA recommends granting the applicant’s proposed change to the wording of his DD Form 785, Section III, paragraph two, sentence three, as it more accurately explains the nature of his honor code violation and that the lie was not that he lied when confronted about possessing a fake ID, but rather the lie was his presenting himself as someone of drinking age under false pretenses. However, they do not concur with the applicant’s position that it was a mistake that he received a DD Form 785 rating of “3” rather than a numerical recommendation of “2” in Section IV of the DD Form 785. Though some of the applicant’s superiors recommended a DD Form 785 rating of “2,” the USAFA Superintendant is not bound by any of the recommendations and ultimately makes the determination on an appropriate numerical rating. In addition, the Superintendant has the benefit of seeing all cadet disenrollment cases and hence the ability to assign the DD Form 785 rating in a consistent manner. The rating of “3” is most appropriate for an honor violation “Resigned in Lieu Of” case based on the guidance provided in Air Force Instruction 36-2012, Attachment 4. The complete USAFA/JA evaluation, with attachments, 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 August 2010, for review and comment within 30 days (Exhibit C). As of this date, this office has received no 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief. After reviewing the complete evidence of record, we agree with the recommendation of HQ USAFA/JA to grant the applicant’s request to change the wording in Section III of his DD Form 785, Record of Disenrollment from Officer Candidate- Type Training. In that regard, we believe the requested change more accurately reflects the circumstances of the applicant’s disenrollment. However, we do not find that sufficient evidence of an error or injustice has been presented to recommend granting the applicant’s request to change the evaluation in Section IV regarding his future acceptability for other officer training from “3,” “Should not be considered…” to “2,” “Recommended as an Average Candidate.” We agree with USAFA/JA that the “3” evaluation is consistent with the governing Air Force Instruction and accurately reflects the circumstances of the applicant’s disenrollment. Therefore, we recommend the applicant’s records only be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent records of the Department of the Air Force relating to APPLICANT, be corrected to show that his DD Form 785, Record of Disenrollment from Officer Candidate-Type Training, dated 18 March 2010, be amended in Section III, Reasons and Circumstances for Disenrollment, to read, “He was recommended for violating the Cadet Wing Honor Code by using an altered Military ID Card indicating he was 21 years of age with the intent to gain admittance to nightclubs and consume alcoholic beverages underage,” rather than “He was recommended for violating the Cadet Wing Honor Code by lying about using an altered Military ID Card indicating he was 21 years of age with the intent to gain admittance to nightclubs and consume alcoholic beverages underage.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01309 in Executive Session on 2 December 2010, under the provisions of AFI 36-2603: All members voted to correct the record, as recommended. The following documentary evidence for Docket Number BC-2010-01309 was considered: Exhibit A. DD Form 149, dated 31 Mar 10, w/atchs. Exhibit B. Letter, USAFA/JA, dated 23 Jun 10, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 13 Aug 10.