RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02233
            INDEX NUMBER:  104.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to allow him to enlist for a  period  of  two
years to fulfill his active duty service  commitment  (ADSC)  and  the
debt he incurred for the cost of his education at  the  United  States
Air Force Academy (USAFA) be eliminated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he left the USAFA he made the wrong decision to reimburse the Air
Force for his debt he incurred for his education, rather than serve on
active duty as an enlisted member.

In  support  of  the  applicant’s  appeal,  he  provided  a   personal
statement, a copy of DD Form 214, Certificate of Release or  Discharge
from Active Duty, and  a  copy  of  his  United  States  AFA  Official
Academic Transcript.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the USAFA on 27 Jun  02.   In  Jun  05,  he  was
recommended to meet a  Military  Review  Committee  (MRC),  which  was
convened to consider whether his alleged misconduct would  render  his
aptitude or and/or conduct incompatible with commissioned service.  On
2 Jun 05, he submitted his resignation for personal reasons.   At  the
time of his resignation, he had received a Letter of  Reprimand  (LOR)
for failure to go to a  mandatory  Squadron  Commander’s  Review,  two
Letters of Admonishment (LOA) for missing class on numerous  occasions
and for disrespecting his Cadet Squadron Commander.  He also  received
a Letter of Counseling (LOC) for lack of responsibility and  disregard
for a direct order.    He completed his junior year  and  he  owed  an
ADSC of two years enlisted active duty to the Air Force.  He requested
to be considered for an educational  delay  to  pursue  an  Air  Force
Reserve Officer Training Commission and was given until 17 Jun 05,  to
submit additional matters to support his request.   He  chose  not  to
submit additional matters for consideration.  On 23 Jun  05,  USAFA/JA
recommended to the USAFA/CC that he be given a rating of 3 - Weigh the
needs of the service with a recommendation to the Secretary of the Air
Force (SECAF) and he be separated from cadet status and transferred to
enlisted active duty for a period of two years.  On  23  Jun  05,  the
Command Chief Master Sergeant concurred  with  the  recommendation  of
USAFA/JA and expressed reservations as to whether the applicant  would
be able to successfully repay his ADSC, stating he would require close
scrutiny and supervision in the operational Air Force.

On 28 Jun 05, the USAFA Superintendent accepted  his  resignation  and
directed he be disenrolled  from  the  USAFA  and  he  be  ordered  to
enlisted active duty for a period of two years.  He disagreed with the
Superintendent’s recommendation and appealed to the SECAF to allow him
to fulfill his ADSC, by reimbursing the Air Force for the cost of  his
USAFA education.

On 12 Aug 05, the SAF/MRB informed USAFA/JA that  it  was  withholding
its decision on the applicant’s case  pending  receipt  of  a  hearing
officer’s report,  mandated  by  Title  10  USC,  to  investigate  his
recoupment appeal.

On 14 Sep 05, a Hearing Officer was  appointed  by  USAFA/JA,  and  on
3 Oct 05, the hearing  officer  submitted  a  report  that  found  the
applicant’s behavior constituted misconduct,  and  supported  monetary
recoupment in lieu of active duty service.  In addition,  the  Hearing
officer  concluded  the  debt,  in  the  amount  of  $104,596.00,  was
calculated correctly.

On 7 Nov 05, the Secretary of the Air Force Personnel Council  (SAFPC)
recommended he be disenrolled from the USAFA and required to reimburse
the Government for the cost of his USAFA education.  On 7 Nov 05,  the
SECAF directed he be discharged  from  the  USAFA  with  an  honorable
discharge and that he be required to reimburse the Government for  the
cost of his USAFA education.

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AIR FORCE EVALUATION:

HQ USAFA/JA recommends denial.   JA  states  in  part,  the  applicant
acknowledges he made the choice to pay the government for the cost  of
his USAFA education.  He offers no evidence that the Air Force  failed
him in any way.  His request is based solely on his assertion that  he
is unable to bear such a heavy  debt.   Now  that  he  recognizes  the
gravity of the consequences he asked/appealed for, he has changed  his
mind.  He appealed the  Superintendent’s  recommendation  that  he  be
called to active duty in an enlisted status to fulfill his ADSC to the
SECAF.  The SECAF granted his request and ordered him to pay  for  the
cost of his USAFA education as he requested.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states in part, that the decision he made  2  years  ago
was made at a very stressful time.  If he had  to  make  the  decision
again, without being under constant pressure, he would choose to serve
his country and fulfill his obligation.  His reasons  for  wanting  to
enlist are not primarily because of his financial situation.   He  has
grown in knowledge and character since his time as a  cadet.   Reverse
this decision, not just for his benefit, but also to  the  benefit  of
the Air Force.  He has matured a great deal and believes he  could  be
an invaluable asset to the Air Force.

Applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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 it’s 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-2007-
02233 in Executive Session on 4 Dec 07, under the provisions of AFI 36-
2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Richard K. Hartley, Member
      Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jul 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, HQ USAFA/JA, dated 16 Aug 07.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 07.
    Exhibit E.  Letter, Applicant, dated 13 Sep 07.
    Exhibit F.  Letter, Applicant, dated 23 Sep 07, w/atch.





                                   KATHLEEN F. GRAHAM
                                   Panel Chair