RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03316
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The recoupment of monies expended on his undergraduate pilot
training (UPT) be waived.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should not be subjected to recoupment of monies because he was
willing to fulfill his obligation by serving in the Air Force in
any specialty that was available.
In support of his request, the applicant provides copies of
documents extracted from his military personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 Aug 03, the applicant enlisted in the Air Force. He was
accepted in a commissioning program and was commissioned as a
second lieutenant 26 May 10. He entered extended active duty to
complete pilot training. The applicant received an Article 15
for operating a vehicle while drunk. He was eliminated from
pilot training on 24 Jan 11 for misconduct. The applicant
requested reclassification consideration and on 30 Mar 11, the
designated authority for the initial skills training elimination
reclassification and discharge authority recommended the
applicant be discharged with recoupment of the pro rata share of
the monies the government expended for his pilot training. He
was honorably discharged on 18 Jun 11. He was credited with
8 years, 7 months and 19 days of active service.
In accordance with Title 10 USC Section 630, AFI 36-3207, AFGM
1 dated 13 April 2010, and AFPCI 36-112, the Air Force reviews
reclassification applications following initial skills training
elimination through a formal panel process. The Secretary of the
Air Force designated AFPC/CC as the initial skills training
elimination reclassification and discharge authority. A panel of
senior officers at the Air Force Personnel Center reviews all
initial skills training elimination reclassification applications
and recommends reclassification or discharge based upon Air Force
requirements, commander recommendations, and officer skills and
desires. Furthermore, reclassification is not a right. The
inability to fulfill active duty service commitments associated
with education-related scholarships or Air Force Academy
attendance is tied to the Air Force requirement the individual
was commissioned and accessed to fill.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIP recommends denial noting recoupment of the pro-rata
portion of the applicants unserved active duty service
commitment is required by law unless waived by the Secretary of
the Air Force. Waivers for recoupment are based upon whether the
officer was in control of his ability to complete the active duty
service commitment. The applicant was eliminated from pilot
training based on misconduct and not the disapproval for IST
reclassification.
The complete HQ AFPC/DPSIP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant believes the punishment he received for his single
act of misconduct has gone well beyond what was right or just.
His single act of misconduct was in no way more egregious than
other forms of misconduct seen on the base. Even some in
leadership have admitted to succumbing to the same mistake in the
early days of their career. He accepted his punishment and
removal from UPT, but does not believe this single mistake of
character was an indication of his ability to be an officer or a
pilot. There are several officers who committed this same act of
misconduct, but because they have their pilot-wings, and are more
of an "asset, did not receive the same punishment. He was
punished for his misconduct, but was not offered a chance to
learn from his single mistake. His single act of misconduct has
been a burden financially and emotionally He believes he is a
victim because there was no precedent set for his misconduct and
his future was solely at the discretion of leadership.
The applicants complete response, with attachment, 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 an error or injustice. We took
notice of the applicant's complete submission, to include his
rebuttal statement, in judging the merits of the case; however,
we agree with the opinion and the recommendation of the Air Force
office of primary responsibility and adopt its rationale as the
primary basis for our conclusion that the applicant has not been
the victim of an error or injustice. The applicant's contentions
are duly noted; however, we note the applicants elimination from
pilot training and reclassification request was considered and
denied due to his misconduct and inability to fulfill his active
duty service commitment. Although the applicant alleges he has
been treated unfairly as compared to others similarly situated,
we do not find the evidence he has presented sufficient to
support his assertion. 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 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-2011-03316 in Executive Session on 12 Apr 12 under the
provisions of AFI 36-2603
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-03316 was considered:
Exhibit A. DD Form 149, dated 17 Aug 11, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. HQ AFPC/DPSIP, dated 23 Sep 11.
Exhibit D. Letter, SAF/MRBR, dated 5 Oct 11.
Exhibit E. Letter, Applicant, dated 12 Oct 11.
Panel Chair
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