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AF | BCMR | CY2004 | BC-2004-02599
Original file (BC-2004-02599.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02599
            INDEX NUMBER:  100.07
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be commissioned as a second lieutenant in  the  US  Air  Force  and
reinstated to full active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He completed the entire 12-week Officer Training School (OTS)  program
and successfully passed all graded measures and evaluations.

He was not notified or informed he  was  being  disenrolled  from  OTS
until graduation day (20 Dec 02).   He  was  also  never  pulled  from
training or  missed  any  actual  training  during  the  12  weeks  of
training.

When he compared his file to several of his classmates and  others  in
the squadron who had the benefit of being recycled, he found that many
had received letters of counseling and had also  failed  a  number  of
graded measures, including the  physical  fitness  test.   He  met  or
exceeded the basic military standards for OTS by  passing  all  graded
measurements.  Despite  the  judgment  made  by  his  Flight  Training
Officer  and  commanders,  he  met  or  exceeded  the  basic  military
standards for officers.

In support of his  appeal,  the  applicant  provides  a  copy  of  the
documentation from his 12-week training record.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered Officer Training School on 30 Sep 02.  On  2 Dec
02, the  applicant  was  notified  by  his  flight  commander  he  was
initiating disenrollment proceedings  against  him  for  demonstrating
lack of adaptability.  The action was based on  the  applicant  having
been counseled on at least ten occasions for various infractions.  The
applicant acknowledged receipt on 2 Dec 02  and  submitted  a  written
statement on 5 Dec 02.  On 10 Dec 02, the applicant’s flight commander
initiated a “Recycle/Disenrollment Recommendation  Form”  recommending
the applicant be disenrolled from OTS for  lack  of  adaptability  and
that block 3, “Should not be considered without weighing the ‘needs of
the service’ against the reasons for this disenrollment” be marked  in
section IV of the DD Form 785.  The operations officer concurred  with
the flight commander’s recommendation and the Officer Training  School
Commander approved it on 11 Dec 02.  The applicant’s disenrollment was
approved by AFOATS/CC on 18 Dec 02.

_________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA recommends denial of the applicant’s request.  The applicant
did not successfully complete the 12 weeks of training because he  was
in a casual status for the final three weeks  of  training.   Although
the applicant contends he was not notified of the disenrollment action
until 20 Dec 02, the date he  was  supposed  to  be  commissioned,  he
signed the disenrollment notification on 2 Dec 02 and was removed from
training on 9 Dec 02.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
10 Sep 04 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  Therefore, in the absence of evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

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-
02599 in Executive Session on 2 November 2004, under the provisions of
AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFOATS/JA, dated 2 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.




                                   RICHARD A. PETERSON
                                   Panel Chair

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