RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02212 

COUNSEL: NO 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded his diploma from the United States Air Force 
Academy (USAFA). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He completed all course work while maintaining the required grade 
point average before he was honorably discharged. After 
attending the Academy for four years, he was dismissed exactly 
one week prior to graduation. He is now paying (monetarily) for 
the degree he did not receive. He received a bill from the 
Defense Finance and Accounting Service (DFAS) in the amount of 
$163,658.00 with monthly installments of $4,676.88. Without his 
diploma to help him obtain a job, he will be unable to pay off 
his debt. 

 

In support of his appeal, the applicant provides a personal 
letter, and copies of his USAFA transcripts, disenrollment 
notification, debt notification, and an excerpt of the USAFA 
Curriculum Handbook. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant attended the USAFA in cadet status beginning on 
1 July 2004 until his disenrollment on 19 May 2008. On 
30 November 2007, the applicant received a Letter of Admonishment 
(LOA) for irresponsible drinking and poor judgment after he 
attended an all-you-can-drink birthday party off-base where he 
blacked out due to excessive alcohol consumption. On 28 February 
2008, he received a Letter of Reprimand (LOR) resulting in an 
Unfavorable Information File (UIF), after he broke the terms of 
his probation by drinking alcohol at the USAFA bowling alley and 
at Haps in Arnold Hall at the USAFA. While at Haps drinking 


alcohol, he assaulted other cadets and an Academic Military 
Trainer who tried to calm him down and get him to leave. 

 

On 14 April 2008, the applicant was notified that the Commandant 
of Cadets was beginning a Hearing Officer disenrollment action 
for his aforementioned actions. On 21 April 2008, the applicant 
waived his right to a formal hearing, but submitted written 
matters for the Commandant and Superintendant to consider when 
making their retention/disenrollment decision. On 19 May 2008, 
the Superintendant directed the applicant be disenrolled from the 
USAFA with an honorable discharge characterization and ordered he 
monetarily reimburse the United States Government $163,658.00 for 
the cost of his Academy education. The applicant disagreed with 
the Superintendant’s action and elected to contest the recoupment 
under Title 10, United States Code, Section 2005. On 
16 September 2008, the Secretary of the Air Force took action in 
the applicant’s case by approving the Superintendant’s decision 
to disenroll the applicant with an honorable discharge and 
ordering him to reimburse the government for the cost of his 
education. 

 

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AIR FORCE EVALUATION: 

 

USAFA/JA recommends denial. JA states that in accordance with 
Department of Defense Directive 1322.22, paragraph 4.5.2, along 
with paragraph 2.1 of USAFA Instruction 36-165, Requirements for 
Graduation, in order to graduate from the USAFA and be awarded a 
Bachelor of Science degree, a cadet must demonstrate an aptitude 
for commissioned service and leadership, be satisfactory in 
conduct, be proficient in physical education, and meet all 
military training and academic requirements. Though the 
applicant states the authorities do not differentiate between 
commissioning and graduating, they really do. The authorities 
are clear that to be a USAFA graduate, you must demonstrate an 
aptitude for commissioned service and leadership and be 
satisfactory in conduct. The applicant was deficient in both of 
these requirements necessary to receive a USAFA diploma and be 
deemed a USAFA graduate. 

 

JA indicates that while the applicant was not awarded a degree 
from the USAFA, the credits he earned while a cadet can be 
transferred and applied to another institution of higher learning 
as he seeks to obtain the college degree he states he needs to 
get a job that would provide adequate income to pay off his 
recoupment debt. 

 

The complete JA evaluation, with attachments, is at Exhibit B. 

 

_________________________________________________________________ 

 


APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He is requesting mercy from the Board. The USAFA advisory 
opinion makes it clear that he does not deserve a diploma; 
however, the person he is described as in the advisory opinion no 
longer exists. He has totally changed and fully recovered from 
the anger and disrespect that ruled his former life. He wants to 
make it clear that he is not seeking reimbursement for his 
education debt. 

 

The applicant’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 an error or an 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. 
While the applicant’s situation is regrettable, we note the 
comments of USAFA/JA that the applicant can transfer the credits 
he earned to another higher learning institution and use toward a 
degree. Therefore, in the absence of evidence to the contrary, 
we find no 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 AFBCMR Docket 
Number BC-2011-02212 in Executive Session on 14 February 2012, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-02212: 

 

Exhibit A. DD Form 149, dated 7 Jun 11, w/atchs. 

Exhibit B. Letter, USAFA/JA, dated 20 Jul 11. 

Exhibit C. Letter, SAF/MRBR, dated 2 Sep 11. 

Exhibit C. Letter, Applicant, dated 29 Sep 11. 

 

 

 

 

 

 Panel Chair