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AF | BCMR | CY2007 | BC-2007-00774
Original file (BC-2007-00774.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00774
            INDEX CODE:  104.00
            COUNSEL:  None
            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE: Sep 14, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 785, Record of  Disenrollment  from  Officer  Candidate  –  Type
Training, rating of a “5” be re-evaluated so that he can attempt to  earn  a
commission in the U.S. Marine Corps (U.S.M.C.).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is unable to earn a commission and pursue a career as an Arabic  Linguist
in the U.S.M.C.

His record is unjust because it is unusually harsh.

The rating he received does not reflect him in a positive  light  given  his
current academic and behavior achievements.

He is currently taking 18  credit  hours,  playing  intercollegiate  varsity
football, and working for a  financial  marketing  firm,  while  maintaining
over a 3.0 Grade Point Average (GPA).

He is a finalist to represent his university in a Summer Oxford Program.

In support of his request, the applicant has provided a character letter,  a
copy of his DD Form 785, DD Form 214, Certificate of  Release  or  Discharge
from Active Duty, and USAFA Form  0-112-1,  Request  and  Authorization  for
Reassignment/Separation-Air Force Military.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 26 Jun 03, the applicant entered officer training.   He  did  not  attend
orientation prior to accepting his appointment to the USAF Academy.

The applicant was scheduled to appear before a Military Review Board  on  12
0ct 05 for his misconduct.

On 3 Oct 05, and after  consulting  counsel,  the  applicant  submitted  his
resignation  in  lieu   of   involuntary   disenrollment   for   misconduct.
Additionally, the applicant acknowledged the fact his resignation may  cause
him to be ineligible for further officer training.

At the time of his resignation, the applicant had  received  an  Article  15
for consuming alcohol, a Letter of Reprimand for being  detained  by  a  law
enforcement officer and being issued a  summons  for  exceeding  the  posted
speed limit (75 miles per hour in a 55 miles per hour); and two  Letters  of
Counseling for failing to return to his  dormitory  room  by  taps  and  for
being disrespectful towards a superior.

His cumulative GPA was 2.78, cumulative  Military  Performance  Average  was
2.24, and his cumulative Physical Education Average was 2.31.

The applicant’s DD Form 785, dated 23 Nov 05, Section IV, Evaluation  to  be
Considered in the Future for Determining  Acceptability  for  Other  Officer
Training, was rated a “5” (definitely not recommended).

Since the applicant’s  misconduct occurred prior to the start of his second-
class academic year, he was discharged with an honorable discharge on 5  Dec
05.


_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAFA/JA recommends denial of the applicant’s request.   The  applicant’s
record reflects a clear pattern of misconduct by him while a  cadet  at  the
Academy, which  involved  alcohol,  disrespect  to  a  superior,  and  being
detained by civilian law enforcement authorities.   The  applicant’s  rating
is based on documented misconduct.

The complete evaluation of HQ USAFA/JA is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13  Apr
07 for review and comment within 30 days.  As of this date, this office  has
not received a 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  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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.
_______________________________________________________________

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-2007-00774
in Executive Session on 15 May 2007, under the provisions of AFI 36-2603:

      Mr. Michael V. Barbino, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. Don H. Kendrick, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jan 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memo, HQ USAFA/JA, dated 5 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Apr 07.




                                   MICHAEL V. BARBINO
                                   Panel Chair

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