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AF | BCMR | CY2004 | BC-1999-00780B
Original file (BC-1999-00780B.DOC) Auto-classification: Denied

                             SECOND ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-1999-00780
            INDEX CODE:  104.00
            COUNSEL:  Mr. Fred L. Bauer

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated to the United States Air Force  Academy  (USAFA).   In  the
alternative, he requests his  debt  to  the  government  in  the  amount  of
$117,148.00 be remitted or substantially reduced.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the U. S. Air Force Academy on 30 Jun 94.  On  12  Jan
98, the applicant was notified that he was being investigated for  violating
the USAF Academy Honor Code for lying.  A Wing Honor Board (WHB)  found  the
applicant in violation of the USAF Academy  Honor  Code  on  the  allegation
that he had obtained signed covenants not to sue.  Following a legal  review
of  the  proposed  disenrollment,  the  USAFA  Superintendent  forwarded   a
recommendation to the Secretary of the Air Force (SAFPC) that  applicant  be
separated from cadet status, granted an educational delay  of  one  year  if
requested, and subsequently  called  to  active  duty  for  three  years  in
enlisted status as a  senior  airman  for  completion  of  his  Active  Duty
Service Commitment (ADSC).  On 29 Sep 98, the Secretary  of  the  Air  Force
approved the recommendation and directed  that  he  be  honorably  separated
from cadet status, transferred to the  Air  Force  Reserve  and  ordered  to
active duty for a period of three years.

On 21 Dec 99, the Board considered the applicant's  15  Mar  99  application
requesting  that  he  be  reinstated  into  the   USAFA   and   that,   upon
reinstatement and his subsequent graduation, he be awarded a  date  of  rank
and effective date  of  27  May  1998  to  second  lieutenant;  or,  in  the
alternative he be released from his active duty service commitment to  serve
three years as an enlisted member of the Air Force and that  he  be  allowed
to pay back the value of his USAFA education.  The  Board  recommended  that
he not be ordered to active duty, but instead he  be  allowed  to  reimburse
the government for  the  costs  of  his  USAFA  education.   The  Record  of
Proceedings with attachments is at Exhibit J.

On 2 Jul 01, the Board considered  and  a  majority  of  the  panel  members
denied his  request  that  he  be  reinstated  to  the  USAFA;  or,  in  the
alternative, his debt to the government in  the  amount  of  $117,148.00  be
remitted  or  substantially  reduced.   The  Addendum  to  the   Record   of
Proceedings with attachments is at Exhibit O.

In his most recent request for reconsideration, counsel  provided  a  letter
from the manager of the USAF Flight Training Center which  states  that  the
applicant's accuser had a self-interest at stake  in  seeing  the  applicant
held  responsible  for  the  unsigned  insurance  form.   The  Honor   Board
chairperson did not permit witnesses at the hearing and  the  applicant  was
too inexperienced to obtain a written statement from her.  His  accuser  was
also responsible for getting the statements signed, but  failed  to  do  so.
In support of  his  request,  applicant  provided  his  counsel's  brief,  a
statement of support, and  additional  copies  of  documentation  previously
submitted.  His complete submission, with attachments, is at Exhibit P.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence  of  an  error  or  injustice.   After  reviewing  the  additional
evidence provided in support of his appeal, we remain unpersuaded  that  the
relief requested should be approved.  We reviewed his counsel's brief  along
with the statement provided by the Flight Training Center manager;  however,
we do not find her allegations of impropriety on behalf  of  the  Supervisor
of Flying, mitigating  in  this  case.   As  we  previously  indicated,  the
applicant's alleged violation of the Honor Code  was  incongruent  with  the
highest standards expected of a cadet.  There is no  evidence  that  he  was
not afforded his due process  rights  and  it  appears  the  standards  were
appropriately applied in his disenrollment  process.   Accordingly,  in  the
absence of evidence to the contrary, we find no basis to recommend  granting
the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  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 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-1999-
00780 in Executive Session on 18 Feb 04 under  the  provisions  of  AFI  36-
2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Charles E. Bennett, Member
      Mr. Clarence D. Long III, Member

The following documentary evidence was considered:

    Exhibit O.  Addendum to Record of Proceedings, dated 2 Jul 01,
                w/atchs.
    Exhibit P.  Counsel's Brief, dated 21 Oct 03, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair

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