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AF | BCMR | CY2007 | BC-2006-00709
Original file (BC-2006-00709.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00709
            INDEX CODE:  128.00
            COUNSEL:  NONE
            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE: 9 Sep 07

________________________________________________________________

APPLICANT REQUESTS THAT:

His indebtedness to the government be cancelled.
________________________________________________________________

APPLICANT CONTENDS THAT:

He was  disenrolled  from  the  AFROTC  program  at  Purdue  University  for
allegedly failing to maintain military retention standards when he  was  not
awarded an Enrollment Allocation.  He  complied  with  all  aspects  of  his
contract and passed all physical training requirements, received almost  all
A's in his Air Force classes, and attended all required events.  He met  all
academic requirements for engineering  school  and  was  admitted  into  the
electrical engineering program in accordance with his contract with the  Air
Force.

During the second semester of his sophomore year, he was  advised  that  the
Air Force budget had been cut and that a  program  had  been  instituted  to
transfer Air Force cadets to the Army Corp.  He  advised  his  superiors  he
was not interested in being a pilot.  His primary interest is  in  designing
and building planes, space platforms, guidance systems, etc.   As  such,  he
was not interested in transferring to the Army Corp.  In July 2005,  he  was
notified  he  was  not  accepted  and  would  not  be  able  to  retain  his
scholarship.  The Air Force has only one  commitment  and  they  elected  to
violate that commitment because of funding cuts and  too  many  officers  on
staff.  The Air Force, both in spirit and in  fact,  breached  its  contract
with him.

His complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant currently has a debt to the  Government  for  his  ROTC  education
expenses in the amount  of  $23,957.12,  including  interest,  penalty,  and
administrative fee.

The remaining relevant facts pertaining to this  application  are  contained
in  the  evaluation  prepared  by  the   appropriate   office   of   primary
responsibility.

________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA recommends denial.  JA states the applicant  was  disenrolled  for
Failure to Maintain Military Retention Standards in accordance with  AFOATSI
36-2015, Chapter  3,  paragraph  3.2.2.1.15.   He  met  the  board  and  was
notified on 21 March 2005 that he did not receive an Enrollment  Allocation.
 Applicant's record reflects for the first semester of 2003  he  received  a
semester GPA of 3.0; however, in the second semester of 2003 he  received  a
2.57 GPA.  During his last semester before he met the  board,  his  semester
GPA was only 2.0.  There were two semesters in a row where he received  a  D
in a subject.  He asserted he was one  of  the  top  cadets  in  his  class;
however, on the AFROTC IMT 22, the commander stated he  was  ranked  in  the
bottom third of his peer group.  He was  also  warned  during  his  February
2004 term interview for failing his  fitness  test,  specifically,  the  run
portion.  There were no errors in his disenrollment.

The AFOATS/JA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  7
April 2006 for review and comment within 30 days.  As  of  this  date,  this
office has received no response.

________________________________________________________________

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  and  adopt  their
rationale as the basis for the 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 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 this application in  Executive
Session on 12 April 2007, under the provisions of AFI 36-2603:

                       Mr. Michael J. Maglio, Panel Chair
                       Mr. Grover L. Dunn, Member
                       Ms. Debra Walker, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Mar 06, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFOATS/JA, dated 3 Apr 06, w/atch.
      Exhibit D. Letter, SAF/MRBR, dated 7 Apr 06.




                             MICHAEL J. MAGLIO
                             Panel Chair

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