RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02408
INDEX CODE: 126.03
COUNSEL: NOT INDICATED
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 FEB 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her debt in the amount of $11,620.00 be remitted in its entirety.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was promised a pilot’s slot by the detachment commander that was
not followed through with, and she was lied to purposely so she would
join the Air Force.
In support of her request, applicant provided a Letter of Support from
her grandfather.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was enrolled in the AFROTC program on 9 September 2004.
On 6 April 2005 she submitted a letter withdrawing her scholarship,
place in field training, and commission due to personal reasons. She
was disenrolled from the AFROTC program on 7 July 2005, for breach of
contract.
_________________________________________________________________
AIR FORCE EVALUATION:
AFOATS/JA recommends denial. AFOATS/JA states in part, that paragraph
10 of Air Force IMT 1056, AFROTC Contract, Basis for
Disenrollment/Result of Disenrollment, states “I understand that if I
breach, or act in a manner that demonstrates intent to breach, as
defined by Air Force Instructions, this contract, I will be subject to
disenrollment from the AFROTC program.” Furthermore, paragraph 10
reminds the cadet of ROTC’s discretion to pursue recoupment. The
applicant was effectively disenrolled on 7 July 2005, for breach of
contract when she stated she would not continue in the AFROTC program
or accept a commission if one were offered her. AFROTCI 36-2015,
AFROTC Contract Cadet Disenrollment, paragraph 3.2.4,
Breach/Anticipatory breach of the AF Contract, defines anticipatory
breach when a member expresses a clear and convincing intention to
self impose elimination, which is precisely what the applicant did.
The AFOATS/JA evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states through her grandfather she was medically
qualified for a commission in the Air Force, based on the physical
examination conduced on 16 January 2004. However, the examination
revealed she did not come close to meeting flying standards. She
should have been notified at that time that her dream to become an
aircraft commander could never be realized. If she had been properly
notified of the physical requirements for an Air Force pilot, she
would not have attempted to become an aircraft commander. She
believes recruitment standards and counseling fell short and promises
that could not be kept were made.
The applicant’s response, with attachments, is at Exhibit D.
_________________________________________________________________
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 to warrant granting the relief
sought in this application. In this respect, we note the evidence of
record shows the applicant requested she be withdrawn from her
scholarship, place at field training, and commission for personal
reasons. Her request was subsequently granted, based on anticipatory
breach of the AFROTC contract, after stating she would not continue in
the AFROTC program or accept a commission if one were offered her.
The Board also notes, the applicant’s AFROTC contract lists her as an
officer candidate and not as a pilot and no evidence has been
presented to substantiate her claim that she was promised she would be
awarded a pilot’s slot. In view of the foregoing, and in the absence
of persuasive 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 AFBCMR Docket Number BC-
2006-02408 in Executive Session on 30 November 2006, under the
provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Alan A Blomgren, Member
Ms. LeLoy W. Cotrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Aug 06, w/atch.
Exhibit B. Letter, HQ AFOATS/JA, dated 24 Aug 06, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 1 Sep 06.
Exhibit D. Letter, Applicant’s Grandfather, undated.
WAYNE R. GRACIE
Panel Chair
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