RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01921
            INDEX NUMBER:  110.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her disenrollment from the Air Force Reserve  Officer  Training  Corps
(AFROTC) program due to medical disqualification be voided.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her AFROTC detachment made numerous procedural  errors  regarding  her
commissioning.  She never received adequate counsel as  requested  and
never received a complete copy of her medical  records  as  requested.
She was never informed of the exact disqualifying  factor  leading  to
her disenrollment.

In  support  of  her  appeal,  applicant  provides  a  copy   of   her
disenrollment  paperwork  and  a  copy  of  her  honorable   discharge
certificate from the Air Force Reserve.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

According to information contained in the applicant’s AFROTC  records,
the applicant enlisted in the Air Force Reserve on     10 Nov  00  for
the purpose of entering the AFROTC  program.   She  signed  an  AFROTC
contract on the same  date  for  pursuit  of  a  degree  in  Aerospace
Engineering with a three-year  Type  II  scholarship.   The  applicant
completed  the  requirements  of  the  AFROTC  program,  but  was  not
commissioned due to being medically disqualified by the  AETC  Surgeon
General (AETC/SG) on 24 Nov 03 for a history of craniotomy in  Jul  03
and a history of seizures controlled with medication.  On 4 Dec 03, an
investigating officer was appointed to conduct an  investigation  into
the disenrollment action initiated against the applicant.

On 11 Dec 03, the applicant was  notified  by  her  AFROTC  Detachment
commander that he was initiating disenrollment action against her  due
to her medical disqualification by the AETC/SG.  She was also  advised
of the  appointment  of  the  investigating  officer.   The  applicant
acknowledged receipt of the letter of notification, which contained an
estimate of benefits received of $53,153.34.  The applicant  indicated
that she would continue AFROTC training if given the  opportunity  and
that she would accept a commission as an officer in the Air  Force  if
one were tendered to her.  She also requested the  appointment  of  an
active duty military member to assist her and indicated that  she  did
not wish to have a college or university official invited by  the  Air
Force to be present at her disenrollment hearing.  She  also  did  not
waive her right to a disenrollment investigation.  On 18 Feb  04,  the
AFROTC Detachment commander  appointed  a  military  counsel  for  the
applicant.  The report of investigation (ROI) was completed on  23 Jan
04 and it was indicated that a copy was sent to the  applicant  on  26
Jan 04.  In a letter,  dated  4  Feb  04,  to  her  AFROTC  Detachment
commander, the applicant provided her response to the ROI as  well  as
additional information she believed should be part of her file  before
a final decision was made.  The applicant  provided  a  point-by-point
rebuttal of the items contained in the ROI.  On  10  Mar  04,  the  HQ
AFROTC Registrar determined that the applicant  would  be  disenrolled
effective    12 Mar  04  and  that  neither  recoupment  nor  call  to
enlisted active duty would be initiated.  On the DD Form 785,  “Record
of Disenrollment from Officer Candidate-Type  Training,”  Section  IV,
“Evaluation  To  Be  Considered  in   the   Future   for   determining
Acceptability  for  Other  Officer   Training”   the   applicant   was
recommended for future officer training if her  physical  defects  are
corrected or if such defects are not disqualifying for other programs.

_________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA recommends denial of the applicant’s request.  The applicant
completed her officer training requirements in the fall 2003 semester.
 However, she was not commissioned due to being medically disqualified
by the HQ AETC Surgeon General on 24 Nov 03.  On 14 May  04,  HQ  ARPC
mailed the applicant  an  ARPC  Form  156,  Personnel  Document/Forms,
notifying her that reservists do not receive a DD Form 214 unless they
are on active duty for more than 90 days.  She was also  advised  that
they had no records documenting any active duty service for her.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In her response to the Air Force evaluation, applicant indicates  that
the Air Force evaluation does not make mention of her rebuttal to  the
Report of Investigation completed on her disenrollment.  Her  rebuttal
included a statement  of  facts  as  well  as  numerous  reports  from
surgeons and physicians detailing her health and  ability  to  perform
her duties in the Air Force.  She provides a copy of the rebuttal  for
the Board’s review.  The applicant acknowledges that  she  should  not
receive a DD Form 214.

The applicant’s complete response, with attachments, 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 timely filed.

3.  Insufficient relevant evidence has been presented to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of  the
applicant's complete submission in judging the merits  of  the  case;
however, we agree with the opinion  and  recommendation  of  the  Air
Force office of primary responsibility and adopt their  rationale  as
the primary basis for our conclusion that the applicant has not  been
the victim of an error or injustice.  Additionally, the applicant has
not presented sufficient evidence that the AETC Surgeon General erred
in his decision to medically disqualify her from being  commissioned.
We note that she was recommended for future officer training  if  her
physical defects are corrected and such defects are not disqualifying
for other programs.  While the period of time the applicant must wait
before readdressing her  disqualification  may  be  longer  than  she
desires, five years of being drug free, it does leave the  door  open
for her future consideration  for  service  as  a  military  officer.
While regrettable that her medical condition precludes her from being
commissioned at the present time, we are not persuaded that an  error
or injustice has occurred.  Therefore, in the absence of evidence  to
the contrary, we find no compelling 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 Docket Number  BC-2004-
01921 in Executive Session on 17 August 2004, under the provisions of
AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Renee M. Collier, Member
      Mrs. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFOATS/JA, dated 28 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.
    Exhibit E.  Letter, Applicant, dated 10 Jul 04, w/atchs.




                                   ROSCOE HINTON, JR.
                                   Panel Chair