RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02212 COUNSEL: NO HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded his diploma from the United States Air Force Academy (USAFA). _________________________________________________________________ APPLICANT CONTENDS THAT: He completed all course work while maintaining the required grade point average before he was honorably discharged. After attending the Academy for four years, he was dismissed exactly one week prior to graduation. He is now paying (monetarily) for the degree he did not receive. He received a bill from the Defense Finance and Accounting Service (DFAS) in the amount of $163,658.00 with monthly installments of $4,676.88. Without his diploma to help him obtain a job, he will be unable to pay off his debt. In support of his appeal, the applicant provides a personal letter, and copies of his USAFA transcripts, disenrollment notification, debt notification, and an excerpt of the USAFA Curriculum Handbook. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant attended the USAFA in cadet status beginning on 1 July 2004 until his disenrollment on 19 May 2008. On 30 November 2007, the applicant received a Letter of Admonishment (LOA) for irresponsible drinking and poor judgment after he attended an all-you-can-drink birthday party off-base where he blacked out due to excessive alcohol consumption. On 28 February 2008, he received a Letter of Reprimand (LOR) resulting in an Unfavorable Information File (UIF), after he broke the terms of his probation by drinking alcohol at the USAFA bowling alley and at Haps in Arnold Hall at the USAFA. While at Haps drinking alcohol, he assaulted other cadets and an Academic Military Trainer who tried to calm him down and get him to leave. On 14 April 2008, the applicant was notified that the Commandant of Cadets was beginning a Hearing Officer disenrollment action for his aforementioned actions. On 21 April 2008, the applicant waived his right to a formal hearing, but submitted written matters for the Commandant and Superintendant to consider when making their retention/disenrollment decision. On 19 May 2008, the Superintendant directed the applicant be disenrolled from the USAFA with an honorable discharge characterization and ordered he monetarily reimburse the United States Government $163,658.00 for the cost of his Academy education. The applicant disagreed with the Superintendant’s action and elected to contest the recoupment under Title 10, United States Code, Section 2005. On 16 September 2008, the Secretary of the Air Force took action in the applicant’s case by approving the Superintendant’s decision to disenroll the applicant with an honorable discharge and ordering him to reimburse the government for the cost of his education. _________________________________________________________________ AIR FORCE EVALUATION: USAFA/JA recommends denial. JA states that in accordance with Department of Defense Directive 1322.22, paragraph 4.5.2, along with paragraph 2.1 of USAFA Instruction 36-165, Requirements for Graduation, in order to graduate from the USAFA and be awarded a Bachelor of Science degree, a cadet must demonstrate an aptitude for commissioned service and leadership, be satisfactory in conduct, be proficient in physical education, and meet all military training and academic requirements. Though the applicant states the authorities do not differentiate between commissioning and graduating, they really do. The authorities are clear that to be a USAFA graduate, you must demonstrate an aptitude for commissioned service and leadership and be satisfactory in conduct. The applicant was deficient in both of these requirements necessary to receive a USAFA diploma and be deemed a USAFA graduate. JA indicates that while the applicant was not awarded a degree from the USAFA, the credits he earned while a cadet can be transferred and applied to another institution of higher learning as he seeks to obtain the college degree he states he needs to get a job that would provide adequate income to pay off his recoupment debt. The complete JA evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He is requesting mercy from the Board. The USAFA advisory opinion makes it clear that he does not deserve a diploma; however, the person he is described as in the advisory opinion no longer exists. He has totally changed and fully recovered from the anger and disrespect that ruled his former life. He wants to make it clear that he is not seeking reimbursement for his education debt. The applicant’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 an error or an 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. While the applicant’s situation is regrettable, we note the comments of USAFA/JA that the applicant can transfer the credits he earned to another higher learning institution and use toward a degree. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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 AFBCMR Docket Number BC-2011-02212 in Executive Session on 14 February 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-02212: Exhibit A. DD Form 149, dated 7 Jun 11, w/atchs. Exhibit B. Letter, USAFA/JA, dated 20 Jul 11. Exhibit C. Letter, SAF/MRBR, dated 2 Sep 11. Exhibit C. Letter, Applicant, dated 29 Sep 11.