RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00226 

 COUNSEL: 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. He be commissioned as an officer in the Air Force. 

 

2. His fraudulent entry charge be waived and all negative 
information relating to his disenrollment from the Air Force 
Reserve Officer Training Corps (AFROTC) be removed from his 
record. 

 

3. Recoupment of his AFROTC scholarship be ceased. 

 

4. He be reimbursed for any monies already spent as a result of 
the revocation of his scholarship. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not maliciously intend to mislead the Air Force during his 
enlistment, but he did not want to blemish his future career with 
his past mistakes that did not reflect the person he is. 
Reinstatement in the Air Force and removal of this incident from 
his record would be in the best interest of the Air Force and 
himself. 

 

In support of his appeal, the applicant provides a statement from 
his counsel, copies of his disenrollment documentation, and 
letters of support. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letters prepared by the appropriate offices of the Air 
Force at Exhibits C and D. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATIONS: 

 

AFROTC/CC recommends denial. AFROTC/CC advises that Air Force 
and AFROTC policy states applicants are not eligible for service 
with the Air Force if they have ever used, possessed, 
manufactured, or distributed any illegal drugs. As a result of a 
security clearance investigation conducted prior to the 
applicant’s commissioning, it was discovered he had repeatedly 
used cocaine and marijuana prior to applying to the AFROTC 
program. The fact that the applicant repeatedly lied to the Air 
Force about his drug use reinforced his unsuitability for service 
as an Air Force officer. He lied on his Air Force Form 2030, USAF Drug and Alcohol Certification, upon program entry and again 
upon contracting, as well as, on his security clearance 
application when he deliberately failed to disclose past drug 
use. 

 

The applicant was properly disenrolled from the AFROTC program 
for unacceptable pre-program entry drug use, as well as, 
consistent and willful lying about that drug use. He is not 
suitable for service in the Air Force and under no circumstances 
should he be allowed to be commissioned as an officer. AFROTC 
properly characterized his disenrollment as a “5” (Definitely not 
Recommended) on his Department of Defense (DoD) Form 785, Record 
of Disenrollment from Officer Candidate – Type Training, and 
directed recoupment of scholarship funds paid on his behalf in 
accordance with Title 10, United States Code (USC); DoD 
Instruction 1215.8, Senior Reserve Officer Training Corps (ROTC) 
Programs; and Air Force Instruction 36-2011, Air Force Reserve 
Officer Training Corps (AFROTC) Program. 

 

The complete AFROTC/CC evaluation is at Exhibit C. 

 

Air University (AETC) Holm Center/JA recommends denial. JA 
states the applicant initially enrolled in AFROTC on 5 April 
2007. Between his enrollment date and the date of his 
disenrollment on 7 April 2010, he failed to disclose prior drug 
use on three separate occasions. It was found during the 
applicant’s security clearance process that he had used cocaine 
powder at least once and that he had smoked marijuana several 
times in high school. On 11 January 2010, the applicant 
completed an AFROTC Form 4, Affidavit, Civil Involvement, 
indicating he had used marijuana and cocaine powder on several 
occasions in high school from 2003 to 2005, with the last time 
occurring in March 2005. The applicant had completed the AFROTC 
Form 4 in response to a Handling of Statement of Reasons (SOR) to 
Revoke Eligibility for Access to Classified Information 
memorandum. 

 

JA states that while the applicant may have been young at the 
time of his decision, he was told the importance of disclosing 
all past drug use during his AFROTC interview. AFROTC 
Instruction 36-2011, paragraph 6.9.3.3.6., indicates “If the 
applicant has indicated use of other illegal drugs and narcotics, 


to include, but not limited to, cocaine, club drugs, crack, 
hallucinogens, and opiates, have the applicant complete AFROTC 
Form 23, terminate the interview, and inform the applicant that 
he/she is ineligible-waivers will not be considered.” 

 

The complete JA evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

COUNSEL'S REVIEW OF AIR FORCE EVALUATION: 

 

Neither advisory opinion presents any factual, documentary, or 
legal content that is not already discussed in his client’s 
application. The unique circumstances of this matter warrant a 
waiver of his client’s fraudulent enlistment. 

 

The counsel’s complete rebuttal is at Exhibit D. 

 

_________________________________________________________________ 

 

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 and do not find that it supports a determination that he 
was improperly disenrolled from the AFROTC and discharged from 
the Air Force Reserve on 7 April 2010. We note the applicant’s 
contention that he did not maliciously intend to mislead the Air 
Force during his enlistment and that to reinstate him would be in 
the best interest of the Air Force. However, the reasons for the 
applicant’s disenrollment from the Academy are well documented in 
the record and it appears the actions taken to effect his 
disenrollment were proper and in compliance with the provisions 
of the governing directives. Other than his own assertions, the 
applicant’s counsel has not provided sufficient evidence showing 
the contrary. Therefore, we concur with the opinions and 
recommendations of the Air Force offices of primary 
responsibility and adopt their rationale as the basis for our 
determination the applicant is not the victim of an error or 
injustice. Accordingly, we find no basis to act favorably on his 
request. 

 

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-
2011-00226 in Executive Session on 20 September 2011, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-00226: 

 

 Exhibit A. DD Form 149, dated 31 Dec 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFROTC/CC, dated 5 Mar 11. 

 Exhibit D. Letter, AU Holm Ctr/JA, dated 9 Mar 11. 

 Exhibit E. Letter, SAF/MRBR, dated 8 Apr 11. 

 Exhibit F. Letter, Counsel, dated 2 May 11. 

 

 

 

 

 

Panel Chair