RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04997 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His debt as a result of his Air Force Reserve Officer Training Corps (AFROTC) disenrollment be remitted. ________________________________________________________________ THE APPLICANT CONTENDS THAT: While he was completing his training in the AFROTC program, at Alabama State University, he was involved in a motor vehicle accident which resulted in multiple physical training test failures and he was subsequently disenrolled. His life’s goal was to obtain a career as an Air Force Officer upon graduation. This was to better his family and their lives. He worked very hard through school and worked at night to help financially support his family. However, his now ex-wife walked out, in July, and took his little girl prior to his senior year. This was devastating to him in many ways: stressfully, mentally, emotionally, and in a major way, financially. Shortly after this he was in a traumatic automobile accident. He received a bruised heart, four bruised ribs, a bruised sternum, and bleeding in one of the bones in his leg. He spoke with his superiors in the ROTC program to try and delay some of the physical testing as his conditions did not allow him to pass the testing. However, he did not meet AFROTC requirements and was subsequently disenrolled. In support of his appeal, the applicant provides a personal statement; copies of records and associated financial statements, and various other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 18 Jul 11, the applicant was disenrolled from the AFROTC program under the provisions of AFI 36-2011, Air Force Reserve Officer Training Corps Program, para 6.1.5, and AFROTCI 36-2011, Cadet Operations, para 11.4.2.3, for failure to maintain military retention standards. Specifically, his inability to pass his physical fitness assessment twice, by failing to maintain body mass index (BMI) standards and when he failed to exercise the maturity and judgment expected of an officer candidate. On 18 Jul 11, the applicant was honorably discharged from his assignment with the Air Reserve Personnel Center (ARPC) (AFROTC) and furnished an honorable discharge certificate. ________________________________________________________________ THE AIR FORCE EVALUATION: DFAS-IN recommends denial. DFAS notes that the applicant states that in the months leading up to his counseling that he was unable to maintain physical training (PT) and weight standards due to recovering from an auto accident. The applicant, when asked to produce a police report, stated that no report was filed as there was alcohol involved. On 18 Jul 07, the applicant was issued a citation to appear in court for serving alcohol to a minor after failing to check I.D. The applicant submitted an AFROTC Form 35 letter, dated 3 Oct 07, clearly stating, an extremely bad decision and pleading youthful offender. This was at least 3 years prior to this accident. With this history the applicant was well aware the detriment to ones future in regards to the use, or abuse, of alcohol. The applicant enlisted under the ROTC program, on 26 Aug 09, part of the responsibilities outlined in the contract he signed; clearly states that “In order to retain my scholarship, I must maintain or exceed the academic and military retention standards prescribed by law and instruction for scholarship retention.” By the applicants own admission he was having trouble maintaining a BMI of less than 20.0% and a Maximum Allowable Weight of 197 LBS. The applicant was counseled in regard to the possibility of disenrollment as early as 3 Jun 10, with a counseling statement AFROTC Form 16 that referred to receipt of a PT score of 75 or better and maintaining a BMI. This, compounded with his inability to maintain a consistent PT score gives question to his commitment to a successful career in the Air Force. There were many more such counseling statements on file therefore the statement that an accident was the reason for not passing physical fitness standards are questionable. The applicant has stated that the burden of repaying the education debt would have an adverse action on his financial situation. Between payment of living expenses and supporting his minor child he is in dire straits to pay much. The education the applicant received up until release from the ROTC program should permit him to find gainful employment at some point in the future. To release him from his obligation with no consequences would be an error and injustice to the intent of correction of record. The complete DFAS-IN evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 Apr 13 for review and response. As of this date, no response has been received by this office (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; however, the Defense Finance and Accounting office of primary responsibility has adequately addressed the issues presented by the applicant and we are in agreement with their opinion and recommendation. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ 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-2012-04997 in Executive Session on 6 Aug 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Oct 12, w/atchs. Exhibit B. Applicant’s Available Disenrollment Package. Exhibit C. Letter, DFAS-IN, undated. Exhibit D. Letter, SAF/MRBR, dated 29 Apr 13. Panel Chair