RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03780

XXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be reinstated into the Air Force Reserve Officer Training Corp (AFROTC), his scholarship recoupment be waived, and change the rating on Section IV of his DD Form 785 from a “3” to either a “2” or a “1.”

APPLICANT’S CONTENTIONS

He contracted COVID-19 while at Field Training (FT) which adversely impacted his performance resulting in his removal from FT and subsequent disenrollment from AFROTC.  Even though FT is not a requirement for commissioning, he met all the requirements to pass FT even after he contracted COVID-19.  The AFROTC Commander (AFROTC/CC) stated that anybody who contracted COVID-19 would be given a second chance at completing FT and while everyone else who contracted COVID-19 was given a second chance, he did not and that is not fair.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve Officer Training cadet.

On 6 Dec 19, according to DD Form 785, Record of Disenrollment from Officer Candidate – Type Training, provided by the applicant, he entered the Air Force Reserve Officer Training Corps (AFROTC) program at XXXXXXX University.  

On 6 Nov 20, according to the applicant’s DD Form 785, he was disenrolled under the provisions of Air Force Manual (AFMAN) 36-2032, Military Recruiting and Accessions, paragraph 6.6.1.7 and AFROTC Instruction (AFROTCI) 36-2011, Cadet Operations, paragraph 16.6.4, breach/anticipatory breach of the AFROTC contract, when he failed to complete Field Training satisfactorily.

For more information, see the advisory at Exhibit B.

APPLICANT AUTHORITY/GUIDANCE

AFMAN 36-2032, paragraph 6.6, Disenrollment, Discharge or Involuntary Call to Active Duty, AFROTC/CC may disenroll a contracted cadet for breach or anticipated breach of the AFROTC contract.

AFROTCI 36-2011, paragraph 16.6.4, Breach or anticipatory breach of the AFROTC contract occurs when a cadet fails to meet any terms of their contract or expresses a clear and convincing intention to breach the contract, but has not yet done so.

AIR FORCE EVALUATION

AFROTC/CC recommends denying the applicant’s request for AFROTC reinstatement, waiver of scholarship recoupment, and a change to his DD Form 785 Section IV evaluation.  On 2 Aug 20, he was removed from Field Training for failing to meet military standards, specifically lack of adaptation.  The applicant failed multiple events while at FT, including his dorm inspection and three out of four leadership events.  Additionally, he only met the minimum standards on his FT Officer Training Interview, Flight Drill Evaluation, and the push-up portion of the Physical Fitness Assessment.

Although the applicant claims his poor FT performance was due to contracting COVID-19, he did not visit sick call, nor receive any medical attention for COVID-19 symptoms while at Maxwell AFB.  He returned home on 4 Aug 20 and tested positive for COVID-19 on 5 Aug 20.  While his doctor speculates that he contracted COVID-19 during FT, and the applicant alleges that COVID-19 symptoms negatively impacted his performance, his doctor medical opinion states that the symptoms may have impacted the applicant’s activities up to a week prior to a diagnosis.  Thus, the earliest the applicant would have experienced any adverse impact was 29 Jul 20.  However, his poor performance at FT preceded this date.  The aggregation of events, to exclude the failures after 29 Jul 20, were enough to warrant removal from FT.

As this relates to the applicant’s evaluation in section IV of the DD Form 785.  He was evaluated as a “3” which indicates that potential commissioning sources should not consider him for participation in officer training “without weighing the ‘needs of the service’ against the reasons for his disenrollment.”  This does not bar him from being commissioned in the future.  Although he requests to be re-evaluated as either a “2” – an average candidate, or a “1” – highly recommended, his demonstrated performance does not warrant such an evaluation.  In fact, his performance was below average and a change to either a “2” or a “1” would be a mischaracterization.

Pursuant to AFROTCI 36-2011, paragraph 16.11, termination of scholarship recoupment may only be granted to a disenrolled AFROTC cadet who has either completed at least two years of continuous enlisted active duty service or received an active duty commission (within any branch of the United States Armed Forces).  There is no evidence that either of these conditions have been met by the applicant.
 
Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  While he may have contracted COVID-19 during FT, the only fact that can be confirmed is his established record of poor FT performance. 

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 30 Jun 22 for comment (Exhibit C), 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.  The Boards notes that the applicant may have contracted COVID-19 while at AFROTC Field Training; however, based upon the timeline provided by the applicant’s physician, the Board determines that his poor performance preceded that timeline and was enough to warrant his disenrollment from AFROTC. Therefore, the Board recommends against correcting the applicant’s records.

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-2021-03780 in Executive Session on 9 Aug 22:

, 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 30 Nov 21.
Exhibit B:	Advisory Opinion, AFROTC/CC, w/atchs, dated 28 Jun 22.
Exhibit C:	Notification of Advisory, SAF/MRBC to Applicant, dated 30 Jun 22.

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.