RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-02200
                                     INDEX CODE:  108.00
      XXXXXXXXXXXXXXXXX      COUNSEL:  Mr. Douglas H. Kohrt

      XXXXXXXXXXXXX    HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records, specifically her DD Form  785,  Record  of  Disenrollment  from
Officer Candidate-Type Training, Section IV,  be  changed  from  “Definitely
Not Recommended” to “Highly Recommended”;  she  be  reimbursed  $15,480  she
repaid the Air  Force  after  wrongfully  being  separated  from  Air  Force
Reserve Officer Training Corps  (AFROTC);  and  she  receive  an  Air  Force
commission as a second lieutenant.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

She was victimized by repeated sexual harassment by active duty and  Reserve
of the Air Force  members;  raped  by  an  active  duty  Office  of  Special
Investigations (OSI) agent; and wrongfully separated from AFROTC.

In support of her appeal, the applicant submits a statement from her  father
(also her attorney); a copy of an AFOSI Investigative Communication; a  copy
of a Cadet Personnel Action  Request  recommending  her  disenrollment  from
AFROTC for unsuitability; a copy  of  her  disenrollment  notification  with
attached DD Form  785;  and  documentation  surrounding  her  complaint  and
investigation  of  the  alleged  sexual   harassment   and   assault.    The
applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to available records, on 16 November 2000, the applicant  enlisted
as a cadet in a 2-year AFROTC program at the University of North Texas.   In
July - August 2001,  she  attended  a  3-week  OSI  orientation  program  at
McGuire AFB, New Jersey.  In August 2001, during the  OSI  orientation,  the
applicant participated in an orientation flight to Lajes Air  Base,  Azores.


On 5 February 2002,  after  applying  for  AFOSI  Special  Agent  duty,  the
applicant was  interviewed  by  AFOSI  agents  when  the  AFOSI  suitability
investigation revealed derogatory information involving the applicant.   The
investigation  revealed  narcotics  use,  excessive   alcohol   consumption,
unprofessional relationships, and psychological counseling she received  for
shoplifting and a suicide gesture.   The  investigation  also  revealed  the
applicant had withheld information while  completing  her  initial  security
clearance questionnaire.  After breaking down during the initial  interview,
the applicant requested a  follow-up  interview  for  7 February  2002.   An
AFOSI Investigative Communication dated  12 February  2002,  documented  the
follow-up  interview  and  revealed  the  applicant  confessed  to   smoking
marijuana more than a dozen times from 1997-2001, contrary  to  her  initial
claim that she  had  only  smoked  marijuana  on  two  different  occasions.
Additionally, the applicant admitted to ingesting what were purported to  be
hallucinogenic mushrooms while living in Denmark in 2001.  Allegations  also
surfaced that the applicant frequently drank an excessive amount of  alcohol
and witness interviews revealed she could  not  control  her  actions  while
under the influence of alcohol.  The applicant linked information about  her
sexual conduct to parties, in which too  much  alcohol  was  consumed.   The
applicant   provided   complete   information    regarding    unprofessional
relationships she had with an active duty captain and an  active  duty  non-
commissioned officer AFOSI Special Agent while on  Professional  Development
Training (PDT), at McGuire AFB, NJ, from July -  August  2001.   During  the
interview, the applicant revealed she  received  professional  psychological
counseling  subsequent  to  a  shoplifting  arrest  in  2001.   Lastly,  she
disclosed a suicidal gesture she made when she  was  a  high  school  senior
because she was upset with  her  father  because  he  grounded  her  for  11
months.  The preparer of the report indicated that the  applicant  had  lied
to AFOSI to be an acceptable candidate and  that  she  may  have  only  come
forward with the truth when  she  realized  that  AFOSI  would  uncover  the
information she had initially withheld.  The communication report  concludes
that the applicant was not recommended for AFOSI Special Agent duty  as  she
could not be placed in a position of trust.

On 19 February 2002, the applicant was served with a Letter of  Notification
of Disenrollment Action for failure to disclose frequent marijuana  use  and
the use of hallucinogenic mushrooms.

On 1 April 2002, the applicant’s  father  called  the  Air  Force  Personnel
Center (AFPC) Sexual  Harassment/Unlawful  Discrimination  Hotline  alleging
his daughter suffered sexual harassment on three  occasions;  in  July  2001
while on a tour at McGuire AFB, NJ; in August 2001 while  enroute  to  Lajes
AB, Azores; and again in August 2001 while at Lajes AB.  On  2  April  2002,
the applicant followed-up  the  hotline  complaint  with  a  3-page  written
statement to the AFPC Military Equal Opportunity (MEO) Branch detailing  the
accounts of the alleged sexual harassment.

On 9 May 2002, the AFROTC detachment commander recommended the applicant  be
disenrolled from AFROTC.   The  commander  stated  that  the  administrative
investigation did not definitely show  that  the  applicant  used  marijuana
more frequently than  reported  or  her  use  of  hallucinogenic  mushrooms;
however, in his opinion it clearly showed a pattern of deception  that  made
her unsuitable for military service.

On 23 June 2002, an Military Equal Opportunity Complaint Summary was  opened
to investigate the sexual harassment allegations.

On 25 June 2002, the approval authority  approved  the  recommendation  that
the applicant  be  disenrolled  from  AFROTC  effective  2  July  2002,  her
scholarship entitlements be terminated  effective  11  May  2001,  and  that
recoupment action regarding repayment of her scholarship debt be  initiated.


The MEO investigation dated 3  August  2002  indicates  the  allegations  of
sexual harassment were unsubstantiated.  On 6 August 2002, the  staff  judge
advocate concurred with the findings of the MEO investigative officer.

_________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA recommends that no change be  made  to  the  applicant’s  military
records.  It is JA’s opinion that her DD Form 785 should not be changed,  as
the applicant’s statements and lack of maturity do not make her  a  suitable
candidate for  commission.   In  addition,  it  is  JA’s  opinion  that  the
applicant pay all monies owed as ordered on 2 July 2002  and  no  commission
should be offered to her.

JA states in accordance  with  Air  Force  Officer  Accession  and  Training
Squadron Instruction (AFOATSI) 36-2011, Chapter 6, paragraph 6.8.3,  Failure
to  Maintain  Military  Retention  Standards  (FTMMRS),  a  cadet   may   be
disenrolled for undesirable  character  traits  and  inaptitude  to  include
failure to attain the level of maturity expected of  an  officer  candidate.
The applicant was effectively disenrolled from AFROTC on  2  July  2002  for
FTMMRS because she failed to be truthful about drug use.

It is JA’s opinion that there is no  evidence  the  applicant  did  not  use
marijuana during various times, only that she lied either to  AFROTC  or  to
AFOSI.  Either way it makes her an unsuitable candidate for  commission  and
prohibits AFROTC to change the applicant’s status  to  “Highly  Recommended”
on the  DD  Form  785.   Regarding  the  $15,480  debt,  AFROTC/CC  has  the
authority to determine whether recoupment action is  appropriate,  and  this
appears  to  be  such  a  case.   The  applicant  did  not  complete  AFROTC
requirements; therefore, she cannot be commissioned as a second  lieutenant.
 The AFOATS/JA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s counsel states the advisory opinion  fails  to  address  the
merits of the case by not discussing her sexual  harassment  or  rape.   The
failure to discuss these incidents puts all the blame on the applicant,  and
none of the blame on other Air  Force  members  responsible  for  committing
crimes  against  her.   There  has  been  a  rush  to  judgment  about   the
applicant’s case from the onset of the  disenrollment  action  against  her.
The AFROTC/CC promised to withhold taking final action  on  the  applicant’s
disenrollment until the IG and MEO investigations were  complete.   However,
AFROTC Detachment 835/CC, processed her disenrollment action  prior  to  the
investigation’s completion; therefore, denying his client an opportunity  to
show that she was victimized and deserved to be commissioned.

The applicant’s counsel points out the applicant has repaid all of her  debt
and no money is still owed.  In addition, it should be recognized  that  the
applicant completed all coursework for AFROTC prior  to  her  disenrollment.
The counsel states that the Air Force’s use of an  Non-Commissioned  Officer
to write a legal opinion is indicative of the  lack  of  scrutiny  that  his
client’s complaint has received from Air  Force  officials.   The  counsel’s
rebuttal 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 note the applicant  has  been  afforded
appeal rights concerning the decision in her hotline  complaint  of  alleged
sexual harassment  and  the  Air  Force  office  of  primary  responsibility
confirms the case is currently still open pending  appeal.   Therefore,  our
comments  are  limited  only  to  addressing  the  issue   of   her   AFROTC
disenrollment.  According to the evidence of record, the applicant  admitted
withholding information on her history of  drug  use,  once  to  AFROTC  and
twice to AFOSI.  This, in our opinion, is sufficient  evidence  to  conclude
the applicant was unfit to be a  commissioned  officer  in  the  Air  Force.
Therefore, 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.  Accordingly, 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 this application in  Executive
Session on 18 January 2005, under the provisions of AFI 36-2603:

            Mr. Robert S. Boyd, Panel Chair
            Ms. B. J. White-Olson, Member
            Mr. Lanny Cawthon, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-02200:

      Exhibit A.  DD Form 149, dated 12 Jul 04, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFOATS/JA, dated 23 Aug 04.
      Exhibit D.  Letter, SAF/MRBR, dated 27 Aug 04.
      Exhibit F.  Counsel’s Rebuttal, undated.




                                                   ROBERT S. BOYD
                                                   Panel Chair