RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-04030
                                             INDEX CODE:  104.00
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

                                             HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

The categorization of his United States  Air  Force  Academy  (USAFA)  Cadet
Wing Honor Code violation be changed from “Admit” to “Self-Report.”

________________________________________________________________

APPLICANT CONTENDS THAT:

The classification  given  to  his  Honor  Code  violation  was  unjust  and
subjective.  He has evidence and several witnesses to  support  this  claim,
and feels his case was handled  with  a  biased  nature  which  led  to  his
subsequent disenrollment.

He has  appealed  this  error  at  every  level  possible,  and  is  seeking
rectification.  He simply wants to be given the opportunity to complete  his
Bachelor’s Degree, contract with the Army  Reserve  Officer  Training  Corps
(ROTC), and serve the nation as an officer in the U.S. Army.

In support of his appeal, he has provided copies of his USAFA  disenrollment
case file, numerous character references, and a statement from a  U.S.  Army
lieutenant colonel.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former USAFA second-class  cadet  (junior).   He  entered
the USAFA on 1 July 2004,  and,  at  the  time  of  his  disenrollment,  had
incurred a 2-year Active Duty Service Commitment (ADSC).  On 19  July  2007,
he  was  ordered  disenrolled  for  an  honor  violation  (lying),  and  the
Superintendent determined he should  serve-out  his  ADSC  in  the  enlisted
ranks.  The applicant appealed this decision and  requested  an  educational
delay of his entry onto active duty to pursue  a  commissioning  opportunity
with an ROTC detachment.  The Superintendent did not support the delay,  and
his appeal was referred to the Secretary of the Air Force Personnel  Council
(SAF/MRBP) for adjudication.

On 24 October 2007, SAF/MRBP recommended the applicant’s  appeal  be  denied
and, on 25 October 2007, a directive was signed directing he be  transferred
to the Air Force Reserve in an enlisted status, and he be ordered to  active
duty for a period of 2 years.

On 29 January 2008, the 25 October 2007 directive was rescinded, and  a  new
directive was signed directing the applicant  be  honorably  separated  from
cadet  status  and  released  from  the  ADSC  he  incurred  for  his  USAFA
attendance, contingent on his acceptance at  both  a  college  undergraduate
degree  program  and  an  Army  Air  Force  ROTC  program  leading  to   his
appointment as a commissioned officer upon graduation.

________________________________________________________________

AIR FORCE EVALUATION:

USAFA/JA  recommends  denial  of  the  applicant’s  request  to  change  the
classification of his Honor Violation to “Self-Report.”

The applicant has admitted that on or about  19  March  2007,  he  left  the
USAFA without signing-out to go on a date in Denver.  While  at  his  date’s
apartment, he had three glasses of wine in a short period of time.  He  felt
he was not fit to drive back to  the  USAFA  and  waited  two  hours  before
leaving her apartment.  While  driving  back  to  the  USAFA,  he  began  to
realize the gravity of his situation (Taps had already sounded), called  the
1st Sergeant, and, when  asked  his  whereabouts,  answered  he  had  fallen
asleep while working on a project  in  another  cadet’s  squadron.   He  was
asked to immediately come back  to  the  squadron  for  a  visual  Dormitory
Inspection (DI) and agreed.  Later, he did not feel right about  lying,  and
subsequently  called  the  1st Sergeant  back  and  came  clean   with   him
concerning his whereabouts.  He argues that at no time  did  he  believe  he
would be caught if he stuck to his initial  lie,  and  believes  his  second
phone call to the 1st Sergeant was a “Self-Report.”

On 26 April 2007, the applicant met a Cadet Sanctions  Recommendation  Panel
(CSRP), a panel of cadets who review the facts of the  case,  obtain  inputs
from the respondent, and make a  sanction  recommendation.   In  this  case,
although the applicant argued this was a “Self-Report”, the  voting  members
of the CSRP, based on the evidence presented to them,  determined  the  case
was an “Admit”, and there is sufficient evidence  in  the  file  to  support
their findings and recommendations.

The Cadet Wing Honor Handbook states “In self-reported cases, a  cadet  must
confess to the honor violation prior to  being  confronted  about  it.   The
term  “confronted”  does  not  refer   necessarily   to   a   formal   honor
clarification, but includes any substantive evidence  which  would  put  the
cadet on notice his violation will  soon  be  discovered.   A  case  can  be
considered a self-report only if the honor violation  would  not  have  been
discovered unless the cadet turned himself or herself in.”

In this case, the applicant did admit without being “confronted”, as he  was
not overtly put on notice that his violation  would  have  been  discovered.
However, comments were included in the file that would lead one  to  believe
he knew his honor violation would be discovered based  on  common  knowledge
(every cadet knows through experience his room  would  be  checked  and  his
absence discovered).  The applicant’s late arrival for  the  visual  DI  (no
cadet squadron is any further from any other cadet squadron  than  about  20
minutes) and nice dress (slacks and a polo shirt) to work on homework  (very
few cadets, if any, dress nicely to work on homework) would have  inevitably
led to the discovery of his  lie.   From  this  basis,  the  case,  although
adamantly argued as a “Self-Report” is,  in  fact,  an  “Admit.”   A  “Self-
Report” requires a lack of substantive  evidence  indicating  the  violation
would never have been discovered.

The applicant was afforded all appropriate  due  process  rights  throughout
the consideration of his honor case, and his case was decided by  his  peers
and has been reviewed from a legal standpoint.  The findings of the  members
of the CSRP regarding the nature of his phone call  reporting  he  had  lied
was supported by the evidence, and he should not be rewarded for  attempting
to manipulate the facts of his honor violation.

The USAFA/JA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  18
January 2008, for review and comment, within 30 days.  Additionally,  on  29
February  2008,  the  applicant  was  given  the  opportunity   to   comment
on/withdraw  this  application  based  on  the  29  January  2008  directive
releasing him from his ADSC, contingent on his being accepted into  an  ROTC
program leading to his subsequent commission.  However, as of this date,  no
response has been received by this office.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  probable  error  or  injustice  to   warrant   changing   the
applicant’s USAFA Cadet Wing Honor Code violation to  “Self-Report.”   After
a thorough review of the available evidence, we felt the  evidence  was  not
conclusive and  did  not  fully  support  the  finding  that  the  applicant
“admitted” his Honor Code  violation  as  opposed  to  “self-reporting”  the
violation, especially in view of the fact that he was never  overtly  placed
on notice that his Honor Code violation would be discovered.  We  also  note
that the applicant has  been  honorably  separated  from  cadet  status  and
released from the ADSC he incurred for his USAFA attendance,  contingent  on
his acceptance at both a college undergraduate degree program  and  an  Army
Air Force  ROTC  program  leading  to  his  appointment  as  a  commissioned
officer.  Therefore, in view  of  all  the  circumstances,  we  believe  the
benefit of any doubt should be resolved in favor of the  applicant,  and  we
recommend his records be corrected to the extent indicated below.

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 issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that  the  classification  of  his  United
States Air Force Academy Cadet Wing Honor Code violation,  on  or  about  19
March 2007, was “Self-Report,” rather than “Admit.”

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-04030
in Executive Session on 21 May 2008, under the provisions of AFI 36-2603:

                       Ms. B.J. White-Olson, Panel Chair
                       Mr. Elwood C. Lewis, III, Member
                       Mr. James A. Wolffe, Member

                                                         BC-2007-04030


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Dec 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, USAF/JA, dated 20 Dec 07.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Jan 08.
    Exhibit E.  Letter, AFBCMR, dated 29 Feb 08.




                                   B.J. WHITE-OLSON
                                   Panel Chair



AFBCMR 2007-04030








MEMORANDUM FOR THE CHIEF OF STAFF


                 Under the authority of Section 1552, Title 10, United
States Code and Air Force Instruction 36-2603, and having assured
compliance with the provisions of the above regulation, the decision of the
Air Force Board for Correction of Military Records is announced, and it is
directed that:


                       The pertinent military records of the Department of
the Air Force relating to XXXXXXXXXXXXXXXX, be corrected to show that the
classification of his United States Air Force Academy Cadet Wing Honor Code
violation, on or about 19 March 2007, was “Self-Report,” rather than
“Admit.”








  JOE G. LINEBERGER

  Director

Air Force Review Boards Agency