RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03735
            INDEX NUMBER:  128.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  5 Jun 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

His indebtedness to the government in the amount of $7,755 created  as
a result of his disenrollment  from  the  Air  Force  Reserve  Officer
Training Corp program be voided.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been diagnosed with multiple sclerosis, which was  present  and
affecting him at the time he was in service.  He has  been  awarded  a
service connected disability  of  70  percent  by  the  Department  of
Veterans Affairs (DVA).

When the investigation was conducted at the time of his  disenrollment
from AFROTC, it did not  include  a  search  into  the  cause  of  his
physical decline.

After he received a disability rating from the DVA, he was told by the
collection agency representing the Department of Defense that  all  he
would need to do to resolve his indebtedness would be  to  submit  the
DVA’s ruling of service connected disability to them for forwarding to
their client.  He submitted the documents and never heard anything.

He has been found to be responsible for a  debt  in  association  with
schooling while he was under military  contract.  He  has  since  been
diagnosed with service connected disability, which was unknown at  the
time of the ruling he would have to  repay  the  money  spent  on  his
AFROTC education.

In support of  his  appeal,  applicant  submits  a  copy  of  the  DVA
disability decision.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 8 Sep 98.  On 15
Feb 02, he applied for acceptance into the Air Force  Reserve  Officer
Training Corp.  He was accepted into the program  and  was  discharged
from active duty on 31 Jul 02.  On 13 Aug 02, the applicant signed the
AFROTC contract and was enlisted into the Air Force Reserve for  eight
years and attached to the  AFROTC  Detachment  at  the  University  of
Colorado-Boulder.  The applicant received a four-year scholarship  and
started school during the fall semester in 2002.  His  first  semester
grade point average (GPA) was 1.754 with two failing  grades.   On  16
Jan 03, the applicant was counseled that because  his  cumulative  GPA
was below 2.0, his scholarship was terminated and  that  he  would  be
investigated for disenrollment.  He was  also  advised  that  he  must
continue  to  attend  Aerospace  Science  (AS)  class  and  leadership
laboratory (LLAB) and to maintain all  other  contractual  obligations
while the disenrollment was in progress and  that  failure  to  do  so
would result in breach of his AFROTC contract.   On  29  Jan  03,  the
applicant submitted a withdrawal letter to the University.  On  4  Feb
03, he was counseled that because he had withdrawn from the University
and stopped attending AS class and LLAB, he had  breached  his  AFROTC
contract  and  that  his  rating  on  the  DD  Form  785,  “Record  of
Disenrollment  from  Officer  Candidate-Type   Training,”   might   be
impacted.

On 26 Feb 03, the applicant was  notified  by  the  AFROTC  Detachment
Commander that he was  initiating  disenrollment  action  against  the
applicant  for  breach  of  his  AFROTC   contract.    The   applicant
acknowledged receipt on the same day and  indicated  understanding  of
the estimated statement of benefits he had  received,  understood  his
rights, and elected the following rights:

        a.  That he would not continue AFROTC training  if  given  the
chance because he was physically unable  to  meet  the  standards  set
forth due to an unknown condition.

        b.  That he would not accept a commission as an officer in the
Air Force if one was tendered to him through AFROTC.

        c.  That he requested that the Detachment commander appoint an
active duty military member to assist him.

        d.  He did not wish to have a college or  university  official
invited by the Air Force to be present at his disenrollment hearing.

        e.  That he did not claim to be a conscientious objector.

        f.  That he  did  not  waive  his  right  to  a  disenrollment
investigation.

Military counsel was appointed for the applicant on 26 Feb 03 and  the
AFROTC Detachment commander also appointed  an  investigating  officer
(IO) to conduct an investigation of the disenrollment  action  against
the applicant.  The IO indicated that  during  the  investigation  she
reviewed the  applicant’s  rights  as  indicated  in  the  receipt  of
notification of disenrollment action and that  the  applicant  had  no
questions.  The applicant presented  written  evidence  for  the  IO’s
consideration and also made an oral statement.   He  did  not  request
military counsel or the presence of a  university  official.   The  IO
indicated the only discrepancy  between  the  unit  evidence  and  the
material submitted by the applicant was that the AFROTC Detachment did
not have full disclosure of the applicant’s medical records  from  his
civilian provider.

On 17 Apr 03, the AFROTC Detachment commander submitted a  request  to
HQ AFROTC to disenroll the applicant due  to  breach  of  contract  on
AFOATS Form 22.  According to the summary on the form, they noted  the
applicant began having trouble early last semester.  Initially, he was
unable to take the physical fitness training (PFT)because he  did  not
feel well and continued to opt out of events such as PFT but  was  not
able to provide any documentation.  He  was  told  he  would  have  to
present documentation or have to participate in events.  On 8 Nov  02,
he provided a note exempting him from physical conditioning until  Jan
03.  Near the end of the semester, the applicant informed  the  AFROTC
Detachment he planned  to  change  his  major  and  wanted  to  switch
schools.  When advised he was locked into  his  technical  major,  the
applicant became upset.  They note the applicant was dealing with  his
father’s terminal illness at the  time  and  the  split  up  with  his
fiancée’.

The applicant’s AFROTC Detachment commander recommended the  applicant
be disenrolled and placed  back  on  active  duty  to  serve  out  the
remainder of his enlistment (he had over  three  years  left  when  he
entered AFROTC).  They noted that this would allow  the  applicant  to
seek medical attention and get his condition diagnosed.  It would also
allow the Air Force to determine if he was fit for continued  military
service and to take the appropriate action.  They  further  noted  the
applicant claimed that his medical condition began  while  he  was  on
active duty.  If the applicant was placed  back  on  active  duty,  it
could be determined if he was entitled to any disability compensation.

HQ AFROTC directed the applicant be disenrolled effective  18  Aug  03
and that recoupment action  be  initiated.   They  also  directed  the
applicant not be recalled to extended active duty.   On  the  DD  Form
785, it was recommended the applicant  not  be  considered  for  other
officer training in the future  without  weighing  the  needs  of  the
service against the reasons for his disenrollment.

________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA recommends denial of the applicant’s request.  In accordance
with AFOATSI 36-2015 (AFROTC Contract Cadet Disenrollment), Chapter 3,
paragraph 3.2.1, Failure  to  Meet  Military  Academic  and  Retention
Standards (FITMARS) for any reason is a basis  for  disenrollment  and
activation of the contractual obligation (call to extended active duty
or  recoupment  of  scholarship  benefits).   Furthermore,   paragraph
3.5.1.1  provides  for  disenrollment  of  members  who  self-initiate
elimination.  They note the applicant appealed the recoupment decision
to HQ AFROTC and it was subsequently denied.  They indicate there  are
no errors in the disenrollment.  However, it is apparent the applicant
failed to disclose his medical condition or perceived health prior  to
signing his contract with AFROTC.  They state the applicant is correct
in stating that had he reported his health, he probably would not have
received his AFROTC scholarship.  His health concerns should have been
addressed prior to separating from active duty.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant notes  that
multiple sclerosis (MS) is a degenerative disease and, more times than
not, is not recognized during the initial onset.  The applicant states
it is false that he knew he had MS prior to  his  entry  into  AFROTC.
The applicant discusses the reasons why his physical deficiencies were
not “apparent enough” to distinguish as a serious health concern.  The
applicant indicates that he resents the comments made by the Air Force
regarding his character.  He notes that prior to his entry into AFROTC
he did have difficulty meeting the military physical fitness  training
standards.  However, he did meet them.  He was in no way aware of  any
physical condition that would hinder his future  performance.   If  he
had been aware of any condition, he would have  said  something.   The
applicant asks, rhetorically, why would he have pursued AFROTC  if  he
knew there was a chance he wouldn’t be able to uphold the agreement.

The applicant states that once he enrolled  in  AFROTC,  his  physical
deficiencies worsened.  He was unable to participate in  the  physical
conditioning and this  affected  him  emotionally.   He  went  to  the
officer in charge  of  cadets  and  told  them  of  his  physical  and
emotional problems.  However, she dismissed his problems and  did  not
make an attempt to get him into a medical facility until he  could  no
longer  participate  at  all.   He  eventually  had  to  seek  medical
attention through the civilian sector, but the doctor was not able  to
determine anything.  During this time, his AFROTC unit had  confronted
him and advised him his  scholarship  would  be  suspended  pending  a
decision from HQ AFROTC.  He had  no  choice  but  to  quit  attending
school since he could not afford the $11,000 tuition.  Applicant asks,
what other option did he have?

The 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice.  Based on  the  type  of  illness  the
applicant has, multiple sclerosis, it appears he may have suffered from
its effects before leaving active duty to enter AFROTC.   We  find  his
explanation of why he did not seek  medical  attention  or  report  the
early symptoms he experienced to AFROTC officials plausible.  As  such,
we believe he should be given the benefit of any doubt as to whether he
deliberately concealed his medical condition.   Additionally,  we  note
that even though the final  decision  of  AFROTC  headquarters  was  to
disenroll him, his AFROTC Detachment commander had  recommended  he  be
returned to active duty so he could possibly receive medical  attention
for his illness.  Since the possibility exists that the actions leading
to the applicant’s disenrollment were beyond his  control,  we  believe
requiring him to reimburse the government would constitute  a  possible
injustice.  Therefore, in  the  interest  of  justice  and  equity,  we
recommend his records be corrected as follows.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show  that  competent  authority
determined that recoupment action would not be  initiated  against  him
for repayment of his scholarship debt.

_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-
03735 in Executive Session on 22 February 2006, under the provisions of
AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. James W. Russell, III, Member
      Mr. Richard K. Hartley, Member

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

     Exhibit A.  DD Form 149, dated 29 Nov 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFOATS/JA, dated 6 Jan 06.
     Exhibit D.  Letter, SAF/MRBR, dated 13 Jan 06.
     Exhibit E.  Letter, Applicant, undated.




                                   CHARLENE M. BRADLEY
                                   Panel Chair


AFBCMR BC-2005-03735


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 XXXXXXX, XXXXXXX,  be  corrected  to  show  that  competent
authority determined that recoupment  action  would  not  be  initiated
against him for repayment of his scholarship debt.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency