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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