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AF | BCMR | CY2004 | BC-2004-03630
Original file (BC-2004-03630.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03630
            INDEX CODE:  125.00

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to  show  that  his  self-initiated  elimination
(SIE) from officer training school (OTS) be recharacterized to a  form
of disenrollment that would allow him to obtain a flying position with
the Indiana Air National Guard (INANG) and return to OTS.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Upon arrival at OTS, he was immediately singled  out  for  prejudicial
treatment that included hazing which eventually led to his forced SIE.
 He had maintained a web site as part of a school project  wherein  he
poked fun at Air Force Recruiting staff.  When his class was over,  he
removed the web site from the Internet.  He feels, as a result of  the
web site,  that  he  was  singled  out  on  his  arrival  to  OTS  for
additional,  more  extreme  discipline,  hazing  like  treatment  that
included constant verbal character attacks (via yelling loudly in  his
ears), prohibition  of  restful  activities,  and  a  high  degree  of
physical exertion.  He contends the upperclassmen he was  assigned  to
continually told him he would not graduate and that he would be forced
to SIE.  He spoke with his flight-training officer (FTO) who also told
him he would not be allowed to graduate.  All those  involved  in  his
treatment called him “Web-Boy” which he surmises  was  in  retaliation
for some of the comic comments he made on his school project web site.
 After several days of maltreatment, he was offered an  SIE  sheet  to
fill out and was made to redo the form several times until his FTO was
comfortable that the narrative reason did not implicate OTS  or  those
in charge, but was a self elimination action designed to show  him  as
one who was not mature enough to be an Air Force officer and that  his
attitude contributed greatly to the SIE.  He claims  the  degenerating
statements were made under duress during high stress moments and  were
not his true feelings.  He further contends OTS violated the following
rules in their treatment of him:

      a. He was hazed in direct violation of  T-700,  AFOATS  Training
Manual as he was singled out of his flight, and verbally abused by  an
excessive number of training staff.  He was humiliated in front of his
peers by being laughed at and called “Web-Boy” by  upper-classmen  and
his FTO’s.

       b.  He  suffered  verbal  maltreatment  as  his  character  was
repeatedly slandered by his FTO and the assigned upper-classmen.

      c. He endured maltraining as he was separated  from  his  flight
only to rejoin them at times to be ridiculed in front of them.  He was
never allowed the opportunity to co-mingle with his flight.

      d. His supervisors acted in direct violation  of  T-700,  AFOATS
Training Manual, when they never allowed him to perform and  therefore
defeated his  opportunity  to  train  by  keeping  him  from  training
opportunities.

      e. He was never  afforded  feedback.   At  his  arrival  he  was
labeled “Web-Boy” and was not allowed the opportunity to work out from
under the label.  Officer’s he had never met referred to him as  “Web-
Boy”,  rather  than  “Officer  Trainee”  thereby  denying  him   basic
individual respect.

In support of his appeal, the applicant provided a personal  statement
and  copies  of  previous  exception  to  policy  (ETP)  paperwork,  a
timeline, his SIE paperwork, his DD Form 214, Certificate  of  Release
or Discharge from Active Duty, his application  for  commissioning  to
the ANG, its subsequent denial on grounds of the SIE, and a copy of AF
Instruction (AFI) 36-2205, Applying for Flying  Training,  Air  Battle
Manager, and Astronaut Programs.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant began his Air Force career and entered OTS on  7 July  2000.
On 10 July 2000, he  applied  for  an  SIE  citing  his  attitude  and
negative frame of mind as  two  reasons  he  could  not  continue  the
training.  His  request  was  approved  and  he  was  eliminated  from
training effective 19 July 2000.  He was discharged on  20 July  2000,
with an uncharacterized, entry-level separation.  He had served for 14
days of active duty and  2  months  and  24  days  of  prior  inactive
service.  He joined the INANG where he applied for  and  was  selected
for UPT.  However, in July  2002,  HQ  ANG  returned  his  application
without action because his previous  OTS  SIE  disqualified  him  from
applying for UPT.  In August 2002, he  applied  for  an  Exception-to-
Policy (ETP) waiver that was denied.  He is currently serving with the
INANG in the grade of senior airman (SrA/E-3).

_________________________________________________________________


AIR FORCE EVALUATION:

AFOATS/JA recommends denial.  JA cites  AFI  36-2205,  wherein  it  is
stated trainees who self eliminate from any formal training course for
academic deficiency  are  ineligible  to  apply.   The  applicant  was
recommended for elimination in accordance with AFI 36-2013 wherein  it
is stated, “Withdrawal resulting from a students written  request  for
elimination.”  JA states the applicant has  not  submitted  sufficient
evidence to substantiate his request.  JA questions the feasibility of
making conclusions on this case as it is over four years  old  and  no
investigation to compile any evidence was ever conducted.   JA  states
the applicant sought to continue with the military and seek  a  flying
position through the ANG and upon being denied; the applicant  decided
he received an injustice at OTS and sought to correct the matter.   He
appeared satisfied with the results of his OTS disenrollment until  he
realized the consequences of his SIE.  JA contends the request  should
not be granted administratively and states  the  application  was  not
submitted within the three-year window prescribed to do so.

JA’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he was ordered to write the formal memo  to  his  FTO
requesting an SIE.  The original was rejected, the second also, and he
was escorted the entire night,  under  constant  harassment  until  he
finished the memo.  He ended up writing the most  convincing  memo  he
could which manifested itself as the  final  memo  quoted  in  the  JA
advisory.  He originally requested the SIE only after his FTO told him
he would not be allowed to graduate from OTS.  He contends he did  not
pursue the injustice done to him at OTS  because  he  still  sincerely
wanted to  be  part  of  the  Air  Force.   Out  of  respect  for  the
organization, he did not document his claim of hazing, and he did  not
want an  adversarial  relationship  with  the  organization  he  still
desperately wanted to be a part of.  He admits making mistakes in  the
past and takes full responsibility for them.  He  contends  he  should
not have poked fun at the Air Force Recruiting process and should  not
have succumbed to the pressure to SIE at OTS.   However,  the  intense
pressure should not have existed in the first place.

Applicant’s complete response 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.   After  a  thorough  review  of  the
evidence presented, in particular the statement from an eyewitness, we
believe that the possibility exits that he was a victim of hazing  and
maltreatment.  It appears he was singled  out  on  the  first  day  of
training and for three days was constantly harassed to  the  point  he
felt self-elimination was his only option.  Meanwhile, he has  applied
for and has been accepted for pilot training  with  the  Illinois  Air
National Guard (ILANG).  However, he is not allowed  to  proceed  with
his training because  of  the  Self  Initiated  Elimination  (SIE)  he
submitted under extreme  duress  within  three  days  of  arriving  at
Officer Training School (OTS).  We believe he should be  afforded  the
chance to take advantage of  the  opportunity  the  ANG  is  offering.
Whether or not he is successful will depend on the needs  of  the  ANG
and our recommendation in no way guarantees that he will be allowed to
receive an appointment and attend UPT.  Therefore, we  recommend  that
the records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

            a. The Record of Disenrollment from Officer Candidate-Type
Training, DD Form 785, be, and hereby is, declared  void  and  removed
from his records.

            b. The Record of Administrative Action,  AETC  Form  125A,
be, and hereby is, declared void and removed from his records.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 April 2005, under the  provisions  of  AFI  36-
2603:

      Ms. Cathlynn B. Sparks, Panel Chair
      Mr. Terry L. Scott, Member
      Mr. Patrick C. Daugherty, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFOATS/JA, dated 17 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Jan 05.
    Exhibit E.  Letter, APPLICANT, dated 24 Jan 05.




                                   CATHLYNN B. SPARKS
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC

[pic]
Office Of The Assistant Secretary



AFBCMR BC-2004-03630




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 to show that:

            a. The Record of Disenrollment from Officer Candidate-Type
Training, DD Form 785, be, and hereby is, declared  void  and  removed
from his records.

            b. The Record of Administrative Action,  AETC  Form  125A,
be, and hereby is, declared void and removed from his records.










     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


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