RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-02715

XXXXXXXXXXXXX	COUNSEL:  XXXXXXXXXXXX

 	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

The recoupment of her Air Force Reserve Officer Training Corps (AFROTC) tuition debt be waived.

APPLICANT’S CONTENTIONS

In a 6-page brief, through counsel, the applicant makes the following contentions:

The applicant was twice placed on medical recheck status (MRS) which was the direct and proximate cause of her inability to take and achieve the requisite fitness assessment (FA) score required to compete for an enrollment allotment (EA) and caused her failure to meet the Professional Officer Corps Selection Program (PSP) board requirements.  It was this inability to compete for the EA which served as the underlying basis for the disenrollment action.

On 18 March 2020, an investigation was initiated into the facts and circumstances of the disenrollment action initiated against the applicant.  On 25 March 2020, the Report of Investigation (ROI) was completed and served on the applicant.  The following legal issues pertain to the ROI:  (1) the investigating officer (IO) failed to comply with AFROTCI 36-2011, Cadet Operations, paragraph 16.8, by not including summarizations of cadre’s oral testimony; (2) the IO failed to comply with AFROTCI 36-2011, paragraph 16.6.5., Attachment 5, by failing to address whether the applicant’s alleged failure to meet military retention standards was within her control; (3) the IO failed to develop all the facts and circumstances of the applicant’s FA failure and instead focused much of the report on the collateral (and legally irrelevant issues of whether she responded properly to the MRS process and her receipt of a conditional event for a grade failure which was ultimately removed; (4) the applicant’s acquiescence to the demand that she waive her 42-day reconditioning period or risk losing her scholarship was improperly given, not documented, and does not satisfy the requirement of a legal waiver.  

The applicant was never fully briefed and counseled on the effects and circumstances of a waiver of the 42-day reconditioning period she signed, which resulted in a failure of her FA. This failure caused her to be uncompetitive for an EA on a PSP board.  The culmination of these events was her disenrollment from AFROTC.  Seeking scholarship recoupment from her based on the aforementioned facts is manifestly unjust.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS
Based on documentation provided by the applicant and analysis of the facts, the following information is provided:

The applicant is a former AFROTC cadet (E-3).

On 17 August 2018, the applicant enrolled in AFROTC.

On 31 October 2018, the applicant was placed on MRS due to a lengthy medical condition, and on 27 March 2019, she was medically cleared.  It was later determined that the medical condition for which she was placed on MRS was a misdiagnosis.  On 29 August 2019, the applicant was again placed on MRS due to an injury, and on 4 February 2020, she was medically cleared.

On 28 February 2020, she signed the Air Force Physical Fitness Screening Questionnaire indicating she had not experienced any symptoms/problems listed.  In addition, she indicated she had been engaged in vigorous physical activity averaging at least 30 minutes per session, 3 days per week over the previous 3 months, that she answered the questionnaire truthfully and was able to take the FA.  She was administered the FA; however, she failed to receive a passing score.  

In February 2020, the applicant received a military conditional event for failure to meet military retention standards in multiple areas, specifically:  (1) professional conduct in communication with cadre in regards to academic plan, final grade status, inappropriately addressing noncommissioned officers, inappropriately accusing cadre of sharing protected medical information; (2) lack of timeliness and/or no response to cadre inquiries; (3) lack of motivation/self-initiative to resolve critical issues (FA, academic plan, MRS documentation); (4) failing to provide proper medical documents in a timely manner.

On 16 March 2020, the detachment commander issued AFROTC Form 10, Administrative Disenrollment Action Worksheet for AFROTC Cadets, notifying the applicant that disenrollment proceedings had been initiated against her for failure to maintain military retention standards by failing to meet PSP board requirements.  

On 18 March 2020, an investigation was initiated into the disenrollment proceedings against the applicant.  The applicant presented written evidence for consideration; however, she did not make an oral statement or request a military advisor and/or the presence of a university official.  On 25 March 2020, she was provided a completed copy of the ROI.    

On 25 June 2020, the applicant was disenrolled from AFROTC for failure to maintain military retention standards, specifically, for failure to meet PSP board requirements.

Per AFI 36-2603, Air Force Board for Correction of Military Records, paragraph 3.4.4, applicants have the burden of proof for providing evidence in support of their claim.  We have made reasonable efforts to obtain the applicant’s records; however, we are only in receipt of the attached evidence provided by the applicant.  As such, the Board may determine that the evidence provided by the applicant is sufficient to support the applicant’s request.  The Board may also make a determination that the claim lacks sufficient evidence to support the claim.  In this case, the applicant will be notified, in writing, indicating the specific information or documents necessary to make the claim complete and reviewable by the Board.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFROTC/CC recommends denying the application.  Based on the documentation provided and analysis of the facts, there is no evidence to support termination of recoupment. The applicant received an AFROTC Type 2 scholarship for tuition, fees, and books, which was activated on 17 August 2018.  She received scholarship monies from the Fall 2018 semester through the Spring 2020 semester.  On 25 June 2020, the applicant was disenrolled under the provisions of AFMAN 36-2032, Military Recruiting and Accessions, paragraph 6.6.1.5 and AFROTCI Cadet Operations, for failure to maintain military retention standards. She failed to compete for promotion into the Professional Officer Corps due to a documented history of poor performance.

Counsel provides four reasons why recoupment of scholarship should be terminated:  (1) the IO did not include summary of adverse testimony in the ROI, (2) the IO failed to address that the applicant’s failure to meet military retention standards was out of her control, (3) the IO failed to investigate the basis for her disenrollment, specifically her FA failure, and (4) the waiver of the 42-day reconditioning period was improperly/illegally given.  However, the applicant was disenrolled from AFROTC based on clear documentation that she willingly took an FA and failed.  This FA was her last opportunity to achieve a passing score before a mandatory selection board, for which, eligibility required a passing FA score.  The consequences of not meeting this board is disenrollment from AFROTC, and in the applicant’s case, recoupment of scholarship funds as specified in her contract.  

AFROTC guidelines do not allow for cancellation of debt as a result of the above circumstances.  The applicant filed a congressional and received a response addressing many of these same issues on 4 June.  AFROTCI 36-2011, dated 22 June 2018, paragraph 16.11, states “AFROTC/RR will consider terminating the recoupment debt of disenrolled cadets who complete at least two years of continuous enlisted active duty service or who receive an active duty commission (with any branch of the United States Armed Forces).”  The applicant has not completed two years of enlisted active duty nor has she received an active duty commission.  Therefore, termination of recoupment is not recommended.    

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 7 June 2021 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFROTC/CC and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  An investigation concluded the applicant failed to maintain military retention standards, resulting in her disenrollment from AFROTC and recoupment of scholarship tuition funds.  Evidence suggests she was appropriately counseled and afforded due process.  The Board found AFROTC acted within their authority and the evidence provided was not sufficient to warrant AFROTC/CC’s decision be overturned.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2020-02715 in Executive Session on 29 June 2021 and 8 July 2021:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 August 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFROTC/CC, dated 26 May 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to counsel, dated 7 June 2021.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.