RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00226 COUNSEL: HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be commissioned as an officer in the Air Force. 2. His fraudulent entry charge be waived and all negative information relating to his disenrollment from the Air Force Reserve Officer Training Corps (AFROTC) be removed from his record. 3. Recoupment of his AFROTC scholarship be ceased. 4. He be reimbursed for any monies already spent as a result of the revocation of his scholarship. _________________________________________________________________ APPLICANT CONTENDS THAT: He did not maliciously intend to mislead the Air Force during his enlistment, but he did not want to blemish his future career with his past mistakes that did not reflect the person he is. Reinstatement in the Air Force and removal of this incident from his record would be in the best interest of the Air Force and himself. In support of his appeal, the applicant provides a statement from his counsel, copies of his disenrollment documentation, and letters of support. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATIONS: AFROTC/CC recommends denial. AFROTC/CC advises that Air Force and AFROTC policy states applicants are not eligible for service with the Air Force if they have ever used, possessed, manufactured, or distributed any illegal drugs. As a result of a security clearance investigation conducted prior to the applicant’s commissioning, it was discovered he had repeatedly used cocaine and marijuana prior to applying to the AFROTC program. The fact that the applicant repeatedly lied to the Air Force about his drug use reinforced his unsuitability for service as an Air Force officer. He lied on his Air Force Form 2030, USAF Drug and Alcohol Certification, upon program entry and again upon contracting, as well as, on his security clearance application when he deliberately failed to disclose past drug use. The applicant was properly disenrolled from the AFROTC program for unacceptable pre-program entry drug use, as well as, consistent and willful lying about that drug use. He is not suitable for service in the Air Force and under no circumstances should he be allowed to be commissioned as an officer. AFROTC properly characterized his disenrollment as a “5” (Definitely not Recommended) on his Department of Defense (DoD) Form 785, Record of Disenrollment from Officer Candidate – Type Training, and directed recoupment of scholarship funds paid on his behalf in accordance with Title 10, United States Code (USC); DoD Instruction 1215.8, Senior Reserve Officer Training Corps (ROTC) Programs; and Air Force Instruction 36-2011, Air Force Reserve Officer Training Corps (AFROTC) Program. The complete AFROTC/CC evaluation is at Exhibit C. Air University (AETC) Holm Center/JA recommends denial. JA states the applicant initially enrolled in AFROTC on 5 April 2007. Between his enrollment date and the date of his disenrollment on 7 April 2010, he failed to disclose prior drug use on three separate occasions. It was found during the applicant’s security clearance process that he had used cocaine powder at least once and that he had smoked marijuana several times in high school. On 11 January 2010, the applicant completed an AFROTC Form 4, Affidavit, Civil Involvement, indicating he had used marijuana and cocaine powder on several occasions in high school from 2003 to 2005, with the last time occurring in March 2005. The applicant had completed the AFROTC Form 4 in response to a Handling of Statement of Reasons (SOR) to Revoke Eligibility for Access to Classified Information memorandum. JA states that while the applicant may have been young at the time of his decision, he was told the importance of disclosing all past drug use during his AFROTC interview. AFROTC Instruction 36-2011, paragraph 6.9.3.3.6., indicates “If the applicant has indicated use of other illegal drugs and narcotics, to include, but not limited to, cocaine, club drugs, crack, hallucinogens, and opiates, have the applicant complete AFROTC Form 23, terminate the interview, and inform the applicant that he/she is ineligible-waivers will not be considered.” The complete JA evaluation is at Exhibit D. _________________________________________________________________ COUNSEL'S REVIEW OF AIR FORCE EVALUATION: Neither advisory opinion presents any factual, documentary, or legal content that is not already discussed in his client’s application. The unique circumstances of this matter warrant a waiver of his client’s fraudulent enlistment. The counsel’s complete rebuttal is at Exhibit D. _________________________________________________________________ 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 and do not find that it supports a determination that he was improperly disenrolled from the AFROTC and discharged from the Air Force Reserve on 7 April 2010. We note the applicant’s contention that he did not maliciously intend to mislead the Air Force during his enlistment and that to reinstate him would be in the best interest of the Air Force. However, the reasons for the applicant’s disenrollment from the Academy are well documented in the record and it appears the actions taken to effect his disenrollment were proper and in compliance with the provisions of the governing directives. Other than his own assertions, the applicant’s counsel has not provided sufficient evidence showing the contrary. Therefore, we concur with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our determination the applicant is not the victim of an error or injustice. Accordingly, we find no basis to act favorably on his request. 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- 2011-00226 in Executive Session on 20 September 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-00226: Exhibit A. DD Form 149, dated 31 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFROTC/CC, dated 5 Mar 11. Exhibit D. Letter, AU Holm Ctr/JA, dated 9 Mar 11. Exhibit E. Letter, SAF/MRBR, dated 8 Apr 11. Exhibit F. Letter, Counsel, dated 2 May 11. Panel Chair