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AF | BCMR | CY1998 | 9800549
Original file (9800549.pdf) Auto-classification: Denied
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 

2 

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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