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AF | BCMR | CY2000 | 0001343
Original file (0001343.doc) Auto-classification: Approved

                            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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