AIR FORCE BOARD FOR CORRECTION OF MILITARY
RECORD OF PROCEEDINGS
PHY3 1999
IN THE MATTER OF:
DOCKET NUMBER: 98-00549
COUNSEL :
HEARING DESIRED: Yes
APPLICANT REQUESTS THAT:
He be released from the remaining one year of his 36-month active
duty service commitment (ADSC) .
Or, in the alternative,
He be allowed to "buy outll the remaining one year for some
monetary amount or he continue his service in the inactive Air
Force Reserves or Air National Guard.
APPLICANT CONTENDS THAT:
The reasons applicant believes he has been the victim of an error
and/or an injustice are contained in his personal statement and
his counsel's brief.
Applicant's complete submission is at Exhibit A.
STATEMENT OF FACTS:
The following information was extracted from the Secretary of the
Air Force (SAF) Personnel Council files:
- Applicant's difficulties began in his freshman year at the
USAF Academy (USAFA). He was absent from class without authority
three times, wore civilian clothes without authority, bounced a
check, drove a car without privileges, missed formation, failed
to sign out of the unit, was AWOL from training, was
disrespectful when counseled about his appearance, and performed
poorly academically. He was put on academic, aptitude and conduct
probation; however, he performed poorly and probation was
extended. His performance then improved, but by this time he was
referred to a Military Review Committee (MRC) for having an
academic minus and a military minus. He was then seen out of
cadet limits at a local restaurant.
--
,
- On 19 July 1995, the SAF General Counsel found the record
legally sufficient to support the Superintendent's recommendation
for disenrollment.
- On 29 August 1995, the SAF, through the Deputy for Air Force
Review Boards, approved the recommendation of the USAFA Board to
disenroll and honorably separate the applicant. The SAF granted
him an educational delay to complete his degree, and further
directed that he be transferred to the Air Force Reserves in
enlisted status and ordered to active duty for a period of three
years.
The remaining relevant facts pertaining to this application,
extracted from the applicant's military records, are contained in
the letter prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
AIR FORCE EVALUATION:
The Chief, Skills Management Branch, HQ AFPC/DPPAES, reviewed
this appeal and asserts the facr remains that the applicant knew
he would incur a 36-month ADSC. Granting him a 12-month
curtailment would not be fair to other members currently serving
out their involuntary EAD tour.
A copy of the complete Air Force evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Counsel reviewed he evaluation and questions why the alternative
means of reimbursement suggested by the applicant would not be
appropriate. He does not dispute the fact that the applicant knew
he would incur a 36-month ADSC. However, he believes it is in the
interests of all concerned that his client be allowed to curtail
his ADSC.
A copy of counsel's complete rebuttal is at Exhibit E.
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 probable error or injustice. After a
thorough review of the evidence of record and applicant's
submission, we are not persuaded that his remaining ADSC should
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98-00549
be waived. Applicant's and counsel's contentions are duly noted;
however, we do not find these assertions, in and by themselves,
sufficiently persuasive to override the rationale provided by the
Air Force. The applicant offers "alternative means of
reimbursement;I1 however, the ADSC incurred as a result of his
disenrollment from the USAFA is prescribed by statute and
Department of Defense Directive 1332.23. Even if it were not, we
find no error or injustice to warrant granting the applicant
exceptional treatment not afforded others similarly situated, nor
would it be in the best interests of the Air Force. Therefore, in
view of the above and absent persuasive evidence to the contrary,
we find no compelling basis to recommend granting the relief
sought.
4. The documentation provided with this case was sufficient to
give the Board a clear understanding of the issues involved and a
personal appearance, with or without legal counsel, would not
have materially added to that understanding. Theref ore, 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 probable 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 this application in
Executive Session on 17 November 1998, under the provisions of
AFI 36-2603:
Mr. Henry C. Saunders, Panel Chair
Mr. Henry Romo Jr., Member
Dr. Gerald B. Kauvar, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Mar 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAES, dated 20 Apr 98.
Exhibit D. Letter, AFBCMR, dated 4 May 98.
Exhibit E. Letter, Counsel,
3
98-00549
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