RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04022
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be allowed to serve in the enlisted force to complete his
active duty service commitment (ADSC) for the cost of his
advanced education at the United States Air Force Academy
(USAFA).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
The only error was his error in judgment, as he was not thinking
rationally when he chose reimbursement for the cost of his
advanced education rather than serving in the enlisted force.
He was offered the option to serve a 2-year ADSC; however, he
chose reimbursement rather than service.
In support of his appeal, the applicant provides a copy of his
letter from the Superintendent, USAFA, undated.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
USAFA/JA recommends denial. They note, in accordance with (IAW)
Department of Defense Directive (DODD) 1332.23, Service Academy
Disenrollment, para 4.1, that active duty is the primary means
of reimbursement for education. The Superintendent, as the
disenrollment authority, makes the final decision to disenroll
the cadet and makes a recommendation as to whether the cadet
should be called to serve in an enlisted capacity to reimburse
the government or if the cadet should reimburse the government
monetarily. The cadet is afforded an opportunity to submit
written matters along with the Superintendents recommendation
on the collateral consequences of his disenrollment to be
considered by the Secretary of the Air Force Personnel Council
(SAFPC), the final authority concerning the collateral
consequences. The recommendation of the Superintendent to
either support enlisted service or to recommend the cadet
monetarily reimburse the government is based upon the
Superintendents assessment that the cadet either does or does
not have the aptitude to successfully serve in an enlisted
capacity. If it is ultimately determined by SAFPC that enlisted
service is not the appropriate means for a cadet to pay back his
ADSC, then monetary reimbursement is required instead. However,
it is not a question of what the cadet desires, nor is it the
cadets choice as the applicant implies.
In the applicants case, the Superintendent decided to disenroll
the applicant with a DD Form 785, Record of Disenrollment from
Officer Candidate Type Training, dated 26 May 2009, with a
rating of 5 definitely not recommended for future officer
training. Though the Superintendent recommended enlisted
service, it is clear that SAFPC reviewed the applicants record
and determined the applicant demonstrated by his misconduct that
he did not have the aptitude to serve in an enlisted capacity to
reimburse the government for the cost of his academy education.
SAFPC ordered that he monetarily reimburse the government for
the cost of his academy education.
The complete USAFA/JA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant indicates that in his attempt to make his points
brief, on the DD Form 149, he believes his points may not have
been perceived by the Air Force office of primary responsibility
(OPR) as he intended. He notes, during his resignation from the
USAFA, on one of the forms, he selected that he wanted to pursue
an educational delay for an opportunity to finish his education
through the Air Force Reserve Officer Training Corps (AFROTC);
however, in that same section, he also selected that he was not
willing to serve in the enlisted force. By doing this, he was
showing at that time, if not selected for AFROTC, he would be
willing to pay back the cost of education monetarily than to
serve in the enlisted force. He realized that it was by no
means his decision as to whether he would serve in the enlisted
force, pay the cost of his education, or be granted an
educational delay for AFROTC. He does believe that his
preference may have had some effect on SAFPCs decision. He
understands that if he is not eligible for AFROTC as decided by
SAFPC, he is not now asking that the decision be revisited, but
does wish the record be corrected to show that he is more than
willing to serve in the enlisted force.
In support of his appeal, the applicant provides his rebuttal to
the Air Force evaluation and a letter of recommendation from his
civilian employment supervisor.
The applicants 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 its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. The applicants
comments in response to the Air Force evaluation are noted;
however, we do not find they introduce matters not sufficiently
covered in the evaluation. 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-04022 in Executive Session on 2 August 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Oct 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, USAFA/JA, dated 3 Jan 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 11.
Exhibit E. Letter, Applicant, undated, w/atch.
Panel Chair
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