RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02040
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  9 November 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

The debt incurred as a result  of  his  disenrollment  from  the  Air  Force
Reserve Officer Training Corps (AFROTC) be waived.

________________________________________________________________

APPLICANT CONTENDS THAT:

The indebtedness is unjust since the breach of his AFROTC contract  was  the
direct result of professional advice he receive from his superior officers.

On 10 February 2005, his  AFROTC  class  was  notified  the  Air  Force  had
initiated  a  program  to  reduce  the  officer  corps  by  reducing  AFROTC
graduates.  Under the program  either  contracted  or  un-contracted  AFROTC
cadets, would be allowed  to  disenroll  without  being  required  to  repay
scholarship monies.  He spoke with his detachment commander  about  dropping
his academic load, with the exception  of  AFROTC,  because  he  was  having
trouble in his classes, had recently married, and needed a job to deal  with
the huge  financial  strain.   The  detachment  commander  advised  him  the
decision to drop his academic load was up to him [the applicant].   Further,
the risk of a breach of contract was perceived as minimal  since  they  were
informed the paperwork was on the way and would arrive  before  the  end  of
the semester,  by  which  time  he  would  be  disenrolled.   Based  on  the
information he received from his chain of command, he  relieved  himself  of
the stress.  However, he remained in the  AFROTC  to  prevent  any  contract
breaches and continued to perform  his  duties  as  a  Field  Training  Prep
Commander.  On 1 August 2005,  his  detachment  commander  advised  him  the
program had been terminated, he was in  breach  of  contract,  and  that  an
investigative disenrollment action had been  initiated.   Three  days  after
the  investigation  was  completed,  it  was  announced  the   program   was
approved/finalized, no scholarship monies would be recouped,  and  his  name
was on the approved list.   Despite  this,  he  was  still  disenrolled  and
incurred an indebtedness of over $15,000.00.

In support of the appeal, applicant submits a personal statement, a copy  of
the Disenrollment Report  of  Investigation  (ROI),  a  statement  from  his
detachment commander,  and  related  electronic  mail  concerning  the  FY06
Voluntary Release Program.

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

________________________________________________________________

STATEMENT OF FACTS:

On 14 January 2005, Hq AFROTC sent a memorandum  to  all  AFROTC  detachment
commanders  announcing  officer  accession  program  cuts  for  FY06.    The
memorandum further announced that under one  of  the  programs,  e.g.,  FY06
Voluntary Release, Hq  AFROTC  was  allowing  volunteers  to  decline  their
enrollment allocation and leave the AFROTC program.  The  applicant  applied
for early release from AFROTC.

On 1 August 2005, the unit commander advised the applicant the Secretary  of
Defense had denied his disenrollment.

On 26 August 2005, the FY06 Voluntary Release  Program  was  approved,  with
the applicant’s name on the list to be released.

On 21 December 2005, he was disenrolled for breach of his  AFROTC  contract.
Specifically, he dropped out of the university without AFROTC approval.

________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA recommends the application be denied and  states,  in  part,  that
although the applicant was advised the associated risk would be minimal  and
the decision was his, the message announcing the program  stated  they  must
remain in good standing.  Specifically, the message stated  that  volunteers
are  not  disenrolled  from  the  program,  until  Hq  AFROTC  reviews   the
information received, selects the cadets, and makes a  final  determination.
The message further stated that it would be possible  that  some  volunteers
would not be disenrolled and that they must  continue  to  meet  all  AFROTC
retention  standards  while  under  consideration.   Furthermore,  the  unit
commander and his instructor advised him that he must continue  taking  ROTC
classes.  Since the applicant dropped out of the university  without  AFROTC
approval, he was disenrolled for breach of AFROTC contract.

The AFOATS/JA evaluation is at Exhibit C.

________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 21  July
2006, for review and comment, within 30 days.  However, as of this date,  no
response has been received by this office.

________________________________________________________________

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 its 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-2006-02040
in Executive Session on 30 November 2006, under the provisions  of  AFI  36-
2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. LeLoy W. Cottrell, Member
                       Mr. Alan A. Blomgren, Member









The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFOATS/JA, dated 12 Jul 06.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jul 06.




                                   WAYNE R. GRACIE
                                   Panel Chair