RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03934
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was not disenrolled
from the United States Air Force Academy (USAFA), and that he be
reinstated as a member of the Cadet Wing.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. His honor violations were mischaracterized as highly
egregious when compared to those of other cadets, and contained
other misleading statements when forwarded to the USAFA Chain of
Command. Another cadet was accused of cheating on the computer
homework by stealing the homework and then lying about it;
however, the other cadets behavior was not deemed as
egregious, and he was retained. In fact, the applicant simply
failed to document assistance in completing his homework
assignment.
2. He was subjected to multiple due process violations. The
alleged discrepancies are: a) he was improperly advised on his
right to counsel, b) the violation the applicant was found
guilty of was different than the original honor violation cited
in the letter of notification, c) the violation was
mischaracterized by the Cadet Sanctions Recommendation Panel
(CSRP) making it appear more egregious to the USAFA chain of
command, d) the CSRP failed to fully address the
"forthrightness" factor, saying it was not significant, e) the
CSRP failed to consider "Understanding of the Code" then
recommended disenrollment because of the earlier honor violation
- a factor that is not listed as one to be considered during the
sanction recommendation process, and f) the applicant was
unfairly denied access to the CSRP recommendation with which to
prepare his appeal.
3. He was denied the opportunity to complete his Honor
Probation associated with his first Honor Code violation when
his second Honor Code violation came to light. Had he been
allowed to complete Honor Probation, he would have demonstrated
his worthiness for retention.
4. Insufficient weight was given to the opinions and inputs of
cadet leadership, Air Officer Commanding (AOC), professors, and
the applicants peers, many of whom wrote character references
on his behalf. Too much weight was given to the Group Honor
Chairs (GHC) input when her logic and conclusions appeared to
be suspect. She did not address how the applicant was doing
under his honor probation, which was underway when she wrote her
recommendation; nor did she address the affirmative
recommendations made by his AOC, who recommended he be allowed
to complete his honor code probation.
5. By amendment, the applicant contends the CSRP Chair was
clearly biased against him since she served as the GHC and the
CSRP Chair for his earlier minor Honor Code violation.
6. The Superintendent abdicated his authority by not referring
the matter to the Academy Board, instead choosing to rely on the
inputs he received through the Honor System process.
In support of his request, the applicant provides an expanded
statement, a brief of counsel, a supporting statement from his
area defense counsel, and copies of excerpts of his military
personnel records, numerous character statements, and the Air
Force Cadet Wing Honor Code Reference Handbook.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant attended USAFA in cadet status beginning on
24 Jun 10 as a member of the Class of 2014.
On 27 Aug 10, he admitted to a CSRP that he violated the honor
code by cheating on 15 Aug 10. His violation was that he
indicated he made only two mistakes on a practice knowledge test
by turning in a correction sheet showing only two errors, while
he had actually made six mistakes.
On 19 Sep 10, after considering the CSRP recommendation to place
the applicant on Honor Probation, the Commandant of Cadets
concurred.
On 1 Oct 10, the Vice Commandant of Cadets notified the
applicant he was placing him on a six-month Honor Probation
Program in accordance with the Commandants 19 Sep 10 decision
related to the applicants first honor code violation.
On 19 Oct 10, the applicant was notified he was suspected of
violating the USAFA Honor Code again by cheating, on or about
27 Sep 10, with the intent to receive undeserved credit when he
copied and pasted algorithms from a fellow cadet into a homework
assignment in violation of the Computer Science Departments
help policy and which he also failed to document in his
documentation statement. The applicant acknowledged receipt the
same date, waived his right to counsel and to remain silent,
admitted he committed the noted violation of the Honor Code, and
requested his case be referred to a CSRP.
On 2 Nov 10, the applicant admitted his second honor code
violation to a CSRP, which subsequently recommended his
disenrollment from the USAFA. On 15 Nov 10, the case was found
to be legally sufficient.
On 7 Dec 10, after considering all the facts and circumstances
of the case, the Commandant of Cadets notified the applicant he
was recommending him for disenrollment and forwarded said
recommendation to the USAFA Superintendent for a final
determination.
On 8 Dec 10, the applicant acknowledged receipt of the action,
indicated he had consulted with counsel, and elected to submit
an appeal to the Superintendent.
On 17 Feb 11, the case file was found to be legally sufficient
and on 26 Feb 11, the USAFA Superintendent directed the
applicant be disenrolled.
On 4 Mar 11, the applicant was disenrolled from USAFA and
discharged as a cadet.
________________________________________________________________
AIR FORCE EVALUATION:
The Commandant of Cadets (USAFA/CW) recommends denial indicating
there is no evidence of an error or injustice. The applicant
claims he was treated unjustly because the Cadet Honor Committee
Leadership treated his violations as egregious when they were
not, and failed to acknowledge that he was forthright in taking
responsibility for his behavior. The USAFA Honor process was
followed correctly as the procedural guidance from The Cadet
Wing Honor Code Reference Handbook Volume II, Oct 09, paragraph
5.1.1 was thoroughly adhered to. Per this guidance, when making
recommendations, four factors must be addressed: time under the
code; egregiousness of the offense; forthrightness; and, type of
report (i.e., self-report/admit/deny). All were appropriately
considered. The CSRP found the applicants act and intent was
egregious and recommended disenrollment. The CSRP Chairs
sanction recommendation stated: Egregiousness in this case is
significant (in) that he was willing to knowingly cheat on an
assignment for a class that made the policy very clear on
outside help and documentation. Not only did he copy the
program but he made a false statement that he received no help
on the program in his documentation. His action is highly
egregious. His Cadet Squadron Commander added: The situation
is compounded by the fact he had already been involved in an
honor incident less than two months prior to the occurrence of
this second offense. All subsequent reviewers agreed with the
CSRP Chairs assessment. The applicants misconduct was not
mischaracterized since the egregiousness of his offense was
deliberate (he intended to cheat, and he did). The fact the
applicant violated the Honor Code a second time only one month
after being found in violation of the Honor Code makes his
second offense even more deliberate and egregious. The
applicant was afforded due process throughout the consideration
of his case. The applicants case was decided by his peers and
the USAFA leadership in accordance with their authority.
A complete copy of the USAFA/CW evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Counsel argues the USAFA/CW evaluation fails to be responsive to
a number of points raised in the applicants submission:
1. The advisory does not address the applicants success
on probation as a factor to be considered in resolving his
claims.
2. On the question of egregiousness, it fails to address
the fact the cadet who gave the applicant the information in
question during the second honor violation committed a more
serious honor violation by stealing it from another cadet. Yet,
that individual was allowed to remain at the Academy.
3. Contrary to the advisory, an intent to cheat, standing
alone, does not make an honor violation egregious. Nor does the
commission of a second offense, standing alone, mean the second
offense is egregious.
Counsel also argues the USAFA Superintendent abandoned his role
in overseeing the honor system, when he failed to refer the case
to the Academy Board. The Superintendent had an independent
duty to exercise his own judgment when considering an appeal
rather than to defer to the cadets who run the honor system.
Thus, his decision to deny the applicants appeal was arbitrary,
capricious, and unreasonable. The applicant has demonstrated he
was treated unjustly and deserves the relief requested.
The applicant also submitted an expanded statement wherein he
reiterates that he was unfairly denied the opportunity to
demonstrate he was worthy for retention when he was unable to
complete his honor probation associated with his first honor
code violation; his forthrightness in the matter and supporting
statements were not appropriately considered when the USAFA
leadership decided his fate; the CSRP Chairperson was clearly
biased since she served as the Group Honor Chair and the CSRP
Chair for his earlier minor Honor Code violation; and, it is
significant that he admitted to his mistake and was completely
honest after realizing the mistake he had made. Having looked
at the four factors, it is difficult for him to believe he was
disenrolled.
In support of his response, the applicant provides an expanded
statement, a statement from Counsel, and a supporting statement
from his father attesting to conversations he indicates he had
with the USAFA Commandant of Cadets in the aftermath of both of
the applicants honor code violations. He contends that based
on advice from the Commandant, he told the applicant to admit
guilt and accept responsibility for his actions and everything
would work out to the applicants benefit; however, this turned
out to not be true and his son was unfairly disenrolled.
A complete copy of the applicants response, with attachments,
is at Exhibit E.
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
USAFA/JA recommends denial indicating there is no evidence of an
error or injustice. The applicant contends that his
disenrollment from USAFA was unjust because his honor violations
were not egregious, he was subjected to multiple due process
violations, he was denied the opportunity to prove his
worthiness for retention when he was not allowed to complete his
honor probation, his forthrightness in accepting responsibility
and statements rendered in his behalf were not given due
consideration, the CSRP chair was biased against him, and the
Superintendent, USAFA abdicated his authority when he deferred
his decision to the cadets who run the honor system. However,
throughout the application, neither the applicant nor his
attorney ever denies the applicant admitted to committing
multiple honor code violations during his first few months at
USAFA. While he contends that his honor code violation was not
egregious and that another cadet involved in the incident was
guilty of much worse behavior, egregiousness is one of four main
factors considered by parties making a sanctions recommendation
in an honor case. The other factors are: time under the code,
forthrightness, and the type of report (self-report, admit, or
deny). While the applicants first violation was not considered
to be egregious, his second violation, copying a classmates
computer program for use in his homework, then failing to
document that he received help was found to be more egregious
because of the deliberativeness of his actions, particularly in
the aftermath of the first violation. While the honor system
does not do case and sanctioning comparisons as each case is
assessed on a case-by-case basis, the Deputy Chief of the Honor
Division did label the egregiousness of the other cadet involved
significant (which is consistent with the assessment of that
factor in the applicants case) and the CSRP Chairperson
considered that other cadets egregiousness moderate.
As for the applicants contentions related to discrepancies in
the handling of his case, he has presented no evidence that he
was improperly advised of his right to counsel. On the
contrary, the compelling evidence that does exist indicates he
was properly advised of his right to counsel, as evidenced by
his initials/signature on the 19 Oct 10 Letter of Notification
(LON).
As for his contention the final honor allegation was different
than the original honor allegation noted in the LON, this
contention is without merit as the change was nothing more than
a minor, administrative change to account for the specific facts
that were developed in the course of the honor investigation.
The original allegation to be investigated, as incorporated into
the LON, was, "Cheating, on or about 27 Sep 10 with the intent
to receive undeserved credit when you copied and pasted
algorithms from C4C J- D-, which you received from C4C J H,
into homework #3, which was in violation of the Computer Science
department's help policy, and which you also failed to document
in your documentation statement." However, the allegation was
subsequently amended because the applicant admitted to his
teacher that he had in fact copied what was given to him by C4C
H, but was unaware that the program originally came from
C4C D -. Therefore, though the substance of the allegation and
its context remained unchanged, to ensure accuracy of the
allegation, the new allegation eliminated reference to C4C D.
Subsequently, the applicant admitted to, and the CSRP found the
applicant in violation of the new allegation that read,
"Cheating with the intent to gain unfair advantage on or about
27 Sep 10 by pasting significant portions of algorithms for his
Computer Science HW#3 from C4C J H, who obtained the programs
from another cadet, and failing to document the same which is a
violation of the Computer Science help and documentation
policies, with the intent to receive credit for work not his.
As for his assertion his honor violation was mischaracterized to
USAFA Senior Leadership when: 1) the CSRP Chairperson
mistakenly indicated the applicant committed the action after
recently getting placed on probation for an honor violation
early this semester, when he was not placed on probation until
three days after the second honor incident, 2) cadets involved
in his case stated he was under the honor code for four months
when the applicant was only under the honor code for three
months and that his actions were "motivated by laziness, the
noted errors in the chronology of events and the applicants
time under code, as well as the speculative comments related to
what motivated the applicants first honor code violation should
be deemed harmless. While the applicants second honor
violation occurred 27 Sep 10 and he was placed on Honor
Probation from the first incident on 1 Oct 10, both the
Commandant and the Superintendent were aware of this delayed
probation placement before they took action on the case so their
disenrollment recommendation and decision, respectively, were
not made based on this inaccurate statement in the CSRP
Chairpersons memorandum. While the applicants Cadet Squadron
Commander, in his Sanction Recommendation memorandum for record
(MFR), stated the time under the Code as being four vice three
months, this can also be deemed harmless error as the time under
the Code factor, whether it be three or four months, weighed in
the applicant's favor in this case. The significance of this
factor is more a function of years/number of semesters a cadet
lives under the code and not the difference of one additional
month that makes more of an impact in this category. Further,
the Commandant and the Superintendent are fully aware of the
when the four degrees arrive for in-processing at the end of
June each year and know they've all had limited time under the
code during that first academic semester. Finally, while it was
speculative for the applicant's squadron commander to have
labeled the applicant's first honor incident as, "motivated by
laziness," in his MFR, the disenrollment was based upon the
second honor infraction and the squadron commanders MFR was not
used in the sanctioning determination. Finally, concerning the
applicants lack of access to the CSRP recommendation, the ADC
acknowledges in his 16 Feb 11 MFR that the situation has now
been remedied since he received the CSRP recommendation.
As for the applicants assertion he should have been allowed to
complete his honor code probation associated with his first
honor code violation, successful completion of honor probation
does not factor into the sanctions determination for subsequent
honor violations. Therefore, while it is true the applicant
performed admirably while on his honor probation and the
Superintendent had that information before him when he made his
disenrollment decision, the applicant was not able to complete
his honor probation for the first honor offense because he was
disenrolled based on his second honor infraction prior to
completion.
As for the applicants assertion that not enough weight was
given to his forthrightness in the matter or the affirmative
recommendations of his peers, cadet leadership, AOC, and
professor, the Commandant and Superintendent considered the
entire case file and made their determination based on their
judgment and experience. The applicant has not presented any
evidence that the Commandant and/or Superintendent failed to
consider these aforementioned inputs that were before them when
taking action in this case.
While the applicant argues the CSRP Chairperson was biased since
she served as both the Group Honor Chair (GHC) and as the CSRP
Chairperson for his initial honor infraction, it is standard
procedure in the Honor Division for the GHC to act as the CSRP
Chair for cases that occur within their Group. In addition, the
applicant acknowledged that he could challenge her appointment
as the presiding GHC, and he chose not to do so.
As for the allegation the Superintendent abandoned his role in
overseeing the honor system by simply deferring his decision to
the cadets who run the honor system, this case was only before
the Superintendent because the Commandant first gave the
applicants honor case file due diligence and consideration
before making a recommendation for disenrollment. It is
oversimplifying the situation to imply that the Superintendent
is somehow delegating his disenrollment authority. In addition,
the Superintendent is not required to obtain an advisory opinion
from the Academy Board and in his discretion elected not to do
so in this case.
A complete copy of the USAFA/JA evaluation is at Exhibit F.
________________________________________________________________
APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:
The applicant reiterates many of his original assertions
described above and indicates it is difficult for him to
understand how he was disenrolled for his failure to document
the help he received when his roommate was allowed to stay at
USAFA when he was guilty of what seems to be a more egregious
violation of the honor code. This inconsistent treatment only
undermines confidence in the Honor system as it is applied to
cadets involved in the same incident. In addition, he does not
remember being told or signing anything that said the GCH that
had presided over his first honor infraction would preside over
his second. Upon arriving at his second CSRP, the first thing
she said was, Why are you here again? Obviously, you didnt
learn anything the first time. Clearly, her decision has been
made even before he could state his case.
Counsel argues that the USAFA/JA advisory opinion fails to be
responsive to many of the points raised in the application, and
again attaches independent statements.
On the issue of egregiousness, the advisory appears to concede
that the cadet who gave the applicant the computer program in
question (the second honor violation), committed a more serious
honor violation by stealing it from another cadet. Implicitly,
the advisory opinion confirms this cadet was allowed to remain
at USAFA.
The advisory also claims that successful completion of honor
probation should not factor into resolving subsequent honor
violations or sanctions. There is no basis for this position.
On the contrary, the Deputy Chief of the Honor Division (CWCH),
stated, These factors, taken together, indicate that the
applicant will not successfully complete probation, so CWCH
recommends disenrollment. His prediction proved to be
meritless. The advisory writer concedes, we concur that the
applicant had performed admirably while on his honor
probation
. In another misleading statement, the advisory used
a partial quote from a professor to imply that he was not
supportive and may even have been performing a purely
administrative function in completing his assessment. Nothing
could be further from the truth. If he felt the applicant had
cheated in lieu of simply neglecting to document assistance, he
never would have given the applicant a passing grade on the
assignment. Perhaps most noteworthy is the advisorys failure
to acknowledge the repeated statements of strong support
rendered by his AOC. These statements appear to be have been
ignored by the Superintendent, who appears to have completely
deferred to the conclusions and recommendations submitted by the
cadets who run the Honor system. Counsel states the advisory
does not include any statements from the Superintendent or the
Commandant challenging conversations they reportedly had with
the applicants father.
The applicants complete response, with attachments, is at
Exhibit H.
________________________________________________________________
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. The
applicant contends that his disenrollment from USAFA was unjust
because his honor violations were not egregious, he was
subjected to multiple due process violations, he was denied the
opportunity to prove his worthiness for retention when he was
not allowed to complete his honor probation, his forthrightness
in accepting responsibility and statements rendered in his
behalf were not given due consideration, the CSRP chair was
biased against him, and the USAFA Superintendent abdicated his
authority when he deferred to the cadets who run the honor
system in making his decision. After a thorough review of the
evidence of record and the applicants complete submission, to
include the various responses to the advisory opinions rendered
in his case, we agree with the opinions and recommendations of
the Air Force offices of primary responsibility and adopt their
rationale for the basis of our conclusion the applicant has not
been the victim of an error or injustice. Counsel argues the
applicants honor violation that precipitated his disenrollment
was mischaracterized as egregious when compared to that of his
former roommate, who was retained at USAFA even though his
conduct was much more egregious; however, other than his own
assertions, he has presented no evidence to indicate that his
conduct (deliberately copying a classmates computer program for
use in his homework and failing to document that he received
help) was not appropriately characterized based on the fact that
his actions were deliberate and took place only one month after
committing his first honor code violation. Concerning the
applicants contention that his former roommate was retained at
USAFA after a more egregious honor infraction, the Board
understands that USAFA leadership must consider each case
independently, and the applicant has not provided sufficient
corroborating evidence to establish that he is the victim of
disparate treatment or that USAFA leadership, who had all the
facts available to them, failed to properly carry out their
duties and responsibilities by exceeding their discretionary
authority. Therefore, based on the presumption of regularity in
governmental affairs we must assume the responsible officials
acted appropriately in deciding the applicants case.
The applicant also argues that he was subjected to multiple due
process violations; however, based on the evidence before us, we
believe the applicants due process rights were thoroughly
observed throughout the process. While he alleges he was
improperly advised on his right to counsel, the evidence of
record clearly indicates he understood his rights to counsel as
evidenced by his initials on the letter of notification (LON).
As for his assertion the violation he was found guilty of was
different than the original honor violation cited in the LON, we
are not convinced the evolution of the allegation over the
course of the investigation served to deprive him of his due
process rights. In this respect, we note the comments of
USAFA/JA indicating the change was actually nothing more than a
minor, administrative change to account for the specific facts
which were developed over the course of the honor investigation,
as is normally done. The applicant also contends that his
second honor code violation was mischaracterized when
erroneous/objectionable statements were included in various
documents. While the CSRP Chairperson mistakenly indicated that
his second honor code violation took place while he was on honor
probation for his first offense, and his squadron commander
mistakenly indicated that he was subject to the honor code for
four months instead of three months, we find these errors of
fact harmless and are not persuaded they served to deprive
reviewing officials, the Commandant of Cadets and
Superintendent, of information essential in rendering a reasoned
decision in the applicants case. In this respect, we note the
comments of USAFA/JA indicating that notwithstanding the noted
errors, both the Commandant and the Superintendent were well
aware of the applicants delayed probation placement and his
time under code before they took action on the case so their
disenrollment recommendation and decision, respectively, were
not made based on these minor inaccuracies in the evidence of
record. As for the applicants objection to the speculative
language used in his squadron commanders MFR, we note that this
MFR was rendered as a part of the applicants first honor code
violation and therefore was not used in the sanctioning
determination of his second infraction, which resulted in his
disenrollment. Finally, the applicant contends that his due
process rights were violated when certain documents related to
his disenrollment decision were not made available to him for
his use in crafting an effective appeal. While it appears there
was a delay in providing these documents to the applicant, the
documents were eventually made available for the applicants use
to craft his appeal.
The applicant also contends that had he been able to complete
his Honor Probation, he would have effectively demonstrated his
worthiness for retention. However, we are not convinced the
termination of the applicants honor probation was due to an
error or injustice on the part of the Air Force. In our view,
it was his own action of violating the honor code a second time
that resulted in his inability to complete honor probation, and
the Superintendent was aware of his progress in the Honor
Probation Program when making the disenrollment decision.
As for the applicants remaining allegations that insufficient
weight was given to the opinions and inputs of cadet leadership,
the Air Officer Commanding (AOC), professors, and the
applicants peers; the CSRP failed to fully address the
"forthrightness" factor or consider Understanding of the Code;"
the CSRP Chair was biased against him since she served as the
Group Honor Chair (GHC) and the CSRP Chair for his earlier minor
honor code violation; or, the Superintendent abdicated his
authority by not referring the matter to the Academy Board, once
again, other than his own assertions, the applicant has not
provided sufficient evidence for us to conclude that responsible
officials failed to properly exercise the discretionary
authority granted them. Finally, we note the applicants father
has rendered statements wherein he expresses his concern about
certain conversations he had with the Commandant of Cadets and
Superintendent. However, other than his own assertions, he has
provided no evidence which would lead us to believe that USAFA
leadership failed to fulfill their responsibilities when
considering and making a final determination in this
disenrollment case. Ultimately, while the applicant, his
counsel, and area defense counsel (ADC) present a variety of
arguments intended to impugn the fairness and outcome of the
process that resulted in the applicants disenrollment from the
USAFA, we are not persuaded the applicant was denied rights to
which he was entitled, appropriate standards were not followed,
or that responsible officials abused their discretionary
authority or acted in an arbitrary or capricious manner.
Therefore, in view of the foregoing and in absence of evidence
to the contrary, we are not persuaded that we should substitute
our judgment for that of responsible officials who determined
the applicant should be disenrolled from the USAFA.
________________________________________________________________
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-2011-03934 in Executive Session on 27 Jun 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Sep 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, USAFA/CWCH, dated 8 Nov 11.
Exhibit D. Letter, SAF/MRBR, dated 9 Dec 11.
Exhibit E. Letter, Counsel, dated 8 Jan 12, w/atchs.
Exhibit F. Letter, USAFA/JA, dated 23 Apr 12.
Exhibit G. Letter, AFBCMR, dated 7 May 12.
Exhibit H. Letter, Counsel, dated 1 Jun 12, w/atchs.
Panel Chair
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The complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 Dec 05 for review and comment within 30 days. The additional evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: In his response to the additional Air Force evaluation, the...
AF | BCMR | CY2014 | BC 2014 02829
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02829 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His name be included in the official list of United States Air Force Academy (USAFA) graduates, class of 1966. On 28 Apr 66, according to the DD Form 785, Record of Disenrollment from Officer Candidate-Type Training, the applicant was disenrolled for breach of Cadet Honor Code. Applicant did not file within three...
The applicant committed a violation of the Honor Code that was deserving of disenrollment, and none of his arguments can change that fact. The evidence of record reflects that the applicant was disenrolled from the Air Force Academy for an honor code violation. We further note that the Air Force Psrsonnel Board, concerned about the appearance of inconsistent treatment 3 AFBCMR 97-03098 - regarding the applicant‘s case and a similar case of another cadet, returned the applicant’s case to...
AF | BCMR | CY2005 | BC-2004-02895
Honor board members are allowed to consider all evidence. Counsel states that the point is that Academy doctors did evaluate the applicant correctly and in a timely manner and determined he had rheumatoid arthritis, but the Academy failed to follow up with the second medical review, which was stipulated in the first review. Counsel also seeks to clarify that the applicant “never stated that he contended that the Cadet Honor Board did not properly consider his medical problems.” The...