RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00747
            INDEX CODE:  104.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Record of Disenrollment from Officer Candidate - Type Training (DD  Form
785) Section III be changed as follows:

      1.  Change Section III to “due to personal reasons;”
      2.  Change Section IV from 5 -  DEFINITELY  NOT  RECOMMENDED  to  3  -
SHOULD NOT BE  CONSIDERED  WITHOUT  WEIGHING  THE  “NEEDS  OF  THE  SERVICE”
AGAINST THE REASONS FOR THIS DISENROLLMENT; and,
      3.  Phrases in the remarks section regarding “Honor  Code  violations”
“and athletic” be removed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was unaware that he was alleged to have several honor violations  and  be
on athletic  probation.   He  left  the  academy  voluntarily  for  personal
reasons.

In  support  of  the  application,  the  applicant  submits  copies  of  his
separation document (DD 214), his Honorable Discharge certificate,  and  his
Record of Disenrollment from Officer Candidate –  Type  Training  (DD  785).
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

A complete copy of the applicant’s records  is  no  longer  available.   The
following is the  only  known  information  pertaining  to  the  applicant’s
military service record.

On 1 July 1993, the applicant entered the Air Force Academy at  the  age  of
19.

On 8  January  1994,  the  Military  Review  Committee  (MRC)  reviewed  the
applicant’s record, and notified the applicant of its decision to  recommend
him for Disenrollment from the U. S.  Air  Force  Academy  for  demonstrated
deficiency  in   aptitude   for   commissioned   service.    The   applicant
acknowledged receipt of notification,  and  opted  to  appeal  by  appearing
before the MRC.
On 31 January 1994, the applicant submitted his  Tender  of  Resignation  in
Lieu of Involuntary Disenrollment Action, indorsed by his  counsel,  to  the
Commandant of Cadets.

On 4 April 1994, the Honor Investigative Panel (HIP) Summary stated that  on
9 December  1993,  a  HIP  convened  to  hear  the  applicant’s  case.   The
applicant allegedly lied by falsely documenting that he received more  hours
of extra instruction (E.I.) from his instructors than he actually did.   The
HIP determined a large discrepancy was noticed between the  amount  of  E.I.
the instructors said they had given and the amount the applicant  stated  he
had received, and thought that enough evidence existed to conclude  that  an
act had occurred that might be considered a potential honor violation.   The
case was forwarded to the Wing Honor Board.

On 25 May 1994, the U.S. Air Force Academy  superintendent  recommended  the
applicant  be  honorably  discharged  from  the  Air  Force  and  issued  an
Honorable Discharge Certificate.  The applicant was  medically  cleared  for
discharge.

On 31 October 1994, the applicant was honorably discharged due to  Voluntary
Disenrollment.  He was credited with one year  and  four  months  of  active
service.

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 at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ  USAFA/JA  recommends  approval  of  the  applicant’s  request  that  the
verbiage of academic or athletic probation be removed  from  his  Record  of
Disenrollment.  However, they recommend denial of the  applicant’s  requests
to change the reason for his disenrollment and upgrade the rating of his  DD
Form 785 from a 5 (Do not  recommend  for  future  commissioning),  to  a  3
(Weigh the needs of the  service  against  the  reason  for  Disenrollment).
USAFA/JA states the applicant did not resign for personal  reasons,  but  he
resigned in lieu of involuntary Disenrollment action.   USAFA/JA  notes  the
applicant was being recommended for Disenrollment by the  MRC  for  aptitude
deficiency after he received a semester Military Performance  Average  (MPA)
less than 2.00, cumulative MPA less than 2.00 and a rating from his  AOC  of
0.00.   Additionally,  he  was  being  investigated  for  two   honor   code
violations.  USAFA/JA  states  there  was  enough  evidence  of  substandard
performance to support the rating of 5 on his DD Form  785.   USAFA/JA  also
states the indications of honor violations should not be stricken  from  the
remarks because two HIPs found sufficient evidence  to  proceed  to  a  Wing
Honor Board.  The HQ USAFA/JA evaluation, with attachments,  is  at  Exhibit
C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 April 2004, the applicant requested his case be temporarily  withdrawn
until such time as he was able to proceed and  submit  further  evidence  in
support of his request (Exhibit D).

On 8 October 2004, the applicant  requested  his  case  be  reactivated  and
provided his detailed refutations regarding the ratings and remarks  on  his
DD 785.  The applicant’s complete submission 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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice warranting the removal of the  statement  in
the “remarks” section of  the  document  prepared  in  connection  with  the
applicant’s disenrollment from the Air Force Academy indicating he had  been
placed on academic and athletic  probation.   We  have  noted  the  comments
contained in the Air Force evaluation  concerning  this  matter  and  concur
with  their  recommendation.   Therefore,  we  recommend  the  disenrollment
document be corrected as indicated below.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice warranting favorable  consideration  of  the
applicant’s requests to change the reason for his disenrollment and  upgrade
the recommendation for entry into future officer  training.   Based  on  the
lengthy passage of time, there is only limited records available  pertaining
to the circumstances leading up to the applicant’s  disenrollment  from  the
Air  Force  Academy.   However,  the  available  information  indicates  the
applicant resigned prior to  the  convening  of  Academy  Boards  to  review
allegations of aptitude and academic deficiencies, and a  Wing  Honor  Board
for alleged  violation  of  the  Cadet  Honor  Code.   Other  than  his  own
assertions, the applicant has provided no evidence that  would  lead  us  to
believe the information in the available Academy records is  erroneous,  his
substantial rights were violated, his superiors abused  their  discretionary
authority or his decision to resign from the Air Force Academy  was  coerced
in any way.  Accordingly, we have no basis on which  to  favorably  consider
the applicant’s requests for a change to the reason  for  his  disenrollment
and an upgrade to the recommendation  for  his  entry  into  future  officer
training.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT  be  corrected  by  amending  the  DD  Form  785,  Record   of
Disenrollment from Officer Candidate-Type Training, dated 31  October  1994,
by removing from the fourth sentence in the Remarks  section  the  statement
“Cadet         was  on  academic  and  athletic  probation,  and”,   thereby
resulting in a fourth sentence that reads, in its entirety, “At the time  of
resignation, his cumulative Military Performance Average was 1.38,  and  his
cumulative Grade Point Average was .20.”

___________________________________________________________________

The following  members  of  the  Board  considered  this  application  in
Executive Session on 16 November 2004, under the provisions  of  AFI  36-
2603:

                 Ms. Marilyn M. Thomas, Vice Chair
                 Ms. Kathleen F. Graham, Member
                 Ms. Janet I. Hassan, Member


The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2004-00747.

     Exhibit A.  DD Form 149, dated 4 Mar 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ USAFA/JA dated 12 Mar 04, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04, w/atchs.
     Exhibit E.  Applicant’s Rebuttal, dated 8 Oct 04.




            MARILYN M. THOMAS
            Vice Chair


AFBCMR BC-2004-00747


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 by amending the DD Form 785, Record of
Disenrollment from Officer Candidate-Type Training, dated 31 October 1994,
by removing from the fourth sentence in the Remarks section the statement
“Cadet                was on academic and athletic probation, and”, thereby
resulting in a fourth sentence that reads, in its entirety, “At the time of
resignation, his cumulative Military Performance Average was 1.38, and his
cumulative Grade Point Average was 0.20.”



            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency