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AF | BCMR | CY2006 | BC-2006-02408
Original file (BC-2006-02408.DOC) Auto-classification: Denied



                       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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