RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01343
INDEX CODE: 128.10
APPLICANT COUNSEL: MR. ERIC DOSTER
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
The Air Force consider one of the following options: (1) allow him to pay
back the Air Force all sums advanced to him, plus interest; (2) allow him
to re-enroll in the AFROTC in January 2001; or, (3) allow him to fulfill
his obligation in the Air Force Reserves or Air National Guard.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Other than his poor grades in college, his records indicate he faithfully
and dutifully performed his responsibilities as an AFROTC cadet.
In support of his request, he provided a letter from a member of the
United States Senate. His complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 5 Sep 96, the applicant was accepted into the AFROTC scholarship
program. At the time of his acceptance, the applicant signed an addendum
to Air Force Form 1056 for scholarship cadets. The addendum identified
Air Force options in the event of failure to complete the education and
training requirements.
On 8 May 98, a DD Form 785, (Record of disenrollment from officer
candidate-Type Training) was initiated. The DD Form 785 indicated that
during the fall 1997 term, the applicant received one incomplete grade,
one F, and 1.41 (term) grade point average (GPA). According to the
report, the applicant failed to attend classes, failed to complete
assignments, and failed to take exams. The applicant was disenrolled
from the program on 3 Jun 98 and it was indicated that he should not be
considered for other officer training without considering the needs of
the service against the reasons for his disenrollment.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAES reviewed this application and recommended denial of the
applicant’s requests related to Options 1 and 3. DPPAES stated that the
applicant knew he would incur an ADSC if he did not fulfill his
contractual obligation with AFROTC. DPPAES indicated that on 8 Jun 00,
they informed the applicant that he should contact an AFROTC detachment
commander and apply for reenrollment into the AFROTC program (Option 2).
DPPAES stated the applicant is pursuing option 2. DPPAES recommended
that he be allowed to continue pursuing option 2. (Exhibit C)
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant's counsel agrees with DPPAES' recommendation to allow him to
continue to pursue reenrollment in the AFROTC program however, counsel
requests that the other two options remain under consideration.
Counsel stated that with this academic experience behind him, an older
and wiser applicant now respectively seeks alternatives to fulfill his
obligation. (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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable injustice. While we can detect no error in the
disenrollment action taken in this case, we believe there are
considerations present in this case warranting some relief. The
applicant was disenrolled from the Air Force Reserve Officer Training
Corps scholarship program because of academic failure. Based on his
disenrollment, he incurred a two-year Active Duty Service Commitment
(ADSC) as an enlisted member. We note that the applicant was aware that
he would either be required to repay the government for the cost of his
education or incur an ADSC. Based on the following discussion, we
believe a reversal of the determination that the applicant should serve
on active duty in enlisted status is appropriate. We have noted the
applicant’s interest in applying for reentry into the subject program and
are aware that he has not yet done so. In view of this fact; and, after
reviewing the applicant’s statements in his 14 March 2000 letter to a
member of Congress and the statement by his counsel, we believe the best
interests of both the Air Force and the individual would best be served
by allowing the applicant to reimburse the United States for the monies
due as a result of his participation in the scholarship program.
Therefore, we do so recommend.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that the Secretary of the Air
Force determined that he not be ordered to active duty, but instead
reimburse the United States Government for the cost of his education in
accordance with Section 2005, Title 10, United States Code. This
approval should not excuse any other indebtedness to the United States
Government.
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on 19 September 2000 under the provisions of AFI 36-
2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. Philip Sheuerman, Member
Mr. Edward C. Koenig III, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 May 2000, with attachment.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAES, dated 19 June 2000, with
attachments.
Exhibit D. Letter, SAF/MIBR, dated 30 June 2000.
Exhibit E. Counsel’s Letter, dated 28 July 2000.
TERRY A. YONKERS
Panel Chair
AFBCMR 00-01343
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that the Secretary of the Air
Force determined that he not be ordered to active duty, but instead
reimburse the United States Government for the cost of his education in
accordance with Section 2005, Title 10, United States Code. This
approval does not excuse any other indebtedness to the United States
Government.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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