Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-02140
Original file (BC-2012-02140.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02140 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His Air Force Reserve Officer Training Corps (AFROTC) debt that 
he incurred as a result of his disenrollment be cancelled. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

During the summer of 2005, he was injured while attending AFROTC 
Field Training at Ellsworth AFB. This injury was so severe that 
he had to be sent home from camp. Upon returning to his ROTC 
detachment, he was repeatedly sent to Scott AFB for medical 
evaluation. This caused him to miss numerous days of core 
academic classes, including those that he was required to attend 
to keep his AFROTC scholarship. Once it was determined that his 
ankle was not recovering in a timely fashion and it looked like 
he was going to be medically disqualified from military service, 
the cadre took what he believes to be a very unprofessional 
stance toward him being in the program. 

 

In summary, he is disputing the debt that he owes due to the 
unprofessional behavior that surrounded his disenrollment from 
the AFROTC program. Once it looked as if he was going to get a 
medical disqualification, the cadre at his detachment took a 
stance that did nothing but look for ways to give him letters of 
counseling (LOCs) in order to push him out of the program. 

 

In support of his appeal, the applicant provides a personal 
statement and email correspondence. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to the Air Force office of primary responsibility, 
there are no records concerning the applicant’s 2006 AFROTC 
disenrollment, since files are only maintained for three years 
from the date of disenrollment and then destroyed. 

 

________________________________________________________________ 

 


THE AIR FORCE EVALUATION: 

 

Holm Center/JA recommends denial, stating, in part, that 
according to AFROTC/RRFD, the applicant was disenrolled from 
AFROTC in Mar 06. AFROTC/RRFD found no disenrollment records 
for the applicant. The applicant states that he was disenrolled 
from the AFROTC program "due to the unprofessional behavior" 
displayed by his detachment staff. 

 

They provided the following analysis of the case: 

 

a. There are no records contained at AFROTC concerning the 
applicant. Disenrollment files are maintained for three years 
from the date of disenrollment and then destroyed. 

 

b. Per AF Form 1056, part 1, para 2, ... If I am 
disenrolled, the decision to call (recall) me to active duty, 
pursue recoupment of monies expended on my education, or release 
me from my obligations under this contract is within the sole 
discretion of the Commander, HQ AFROTC (or designee).” 

 

c. The debt is a valid debt resulting from the applicant’s 
disenrollment and not an error to his military record. 

 

d. The applicant states that he feels that his concerns 
were not given enough weight in the disenrollment investigation 
and alleges that he submitted a rebuttal. In addition, he 
claims his rebuttal outlined the issues surrounding his injury, 
which led to his disenrollment. While the scheduled destruction 
of his record three years after his disenrollment makes it 
impossible to present the specific facts of his case, they can 
provide details regarding the disenrollment process. During the 
disenrollment, if a cadet elects to submit a rebuttal or 
response, that document is kept with the package and reviewed at 
all levels along with the report of investigation. The final 
disenrollment decision, made by HQ AFROTC, would have considered 
any response provided by the applicant prior to making a 
disenrollment decision on a case. The decision to disenroll the 
applicant from AFROTC and direct recoupment of funds was not 
punitive in nature, but merely an activation of the terms of the 
contract he voluntarily signed at the time he enlisted in the 
Obligated Reserve Section of the Inactive Reserves, and was in 
keeping with nationwide AFROTC policy. 

 

 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 27 Jun 12 for review and comment within 30 days. 


As of this date, no response has been received by this office 
(Exhibit C). 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

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. In addition, 
while we note the applicant’s contentions, that his debt 
incurred as a result of his disenrollment should be cancelled, 
based upon the presumption of regularity in the conduct of 
governmental affairs and without evidence to the contrary, we 
must assume the applicant's disenrollment was proper and in 
compliance with appropriate directives. Therefore, based on the 
available evidence of record, we find no basis upon which to 
favorably consider 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-2012-02140 in Executive Session on 20 December 2012, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 21 May 12, w/atch. 

 Exhibit B. Letter, Holm Ctr/JA, dated 25 Jun 12, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 27 Jun 12. 

 

 

 

 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2012 | BC-2012-02423

    Original file (BC-2012-02423.txt) Auto-classification: Denied

    AFROTC is authorized up to 60 days to review all disenrollment investigations. e. The decision to call the applicant to EAD is not punitive in nature; rather, it is an activation of the voluntary commitment he made to the Air Force via the contract (AF Form 1056) he signed on 13 August 2008, in exchange for education and training benefits and the opportunity to earn a commission as an Air Force officer. In this respect, the majority notes the Holm Center/JA evaluation indicates the...

  • AF | BCMR | CY2004 | BC-2001-00122

    Original file (BC-2001-00122.doc) Auto-classification: Denied

    On 20 May 97, the applicant was advised in writing of HQ AFROTC’s decision, and notified that he would be required to complete the PFT, 1.5 mile run, and meet weight and body fat standards for commissioning. In regards to the applicant’s allegation that the debt of $77,000 is disproportionate, he states that maintaining body fat standards is a training requirement specified in the AFROTC contract. Counsel also asserts that AFOATS/JA glosses over the fact that when the applicant was weighed...

  • AF | BCMR | CY2011 | BC-2011-00226

    Original file (BC-2011-00226.txt) Auto-classification: Denied

    _________________________________________________________________ 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...

  • AF | BCMR | CY2012 | BC-2012-04500

    Original file (BC-2012-04500.txt) Auto-classification: Approved

    The applicant presently has a valid commission in the Reserve of the Air Force, is assigned to HQ ARPC, and the recoupment of AFROTC scholarship money was without any legal basis. All back pay and allowances Counsel’s complete response, with attachment, is at Exhibit D. ________________________________________________________________ THE ADDITIONAL AIR FORCE EVALUATION: USAF/AlP concurs with the applicant’s request that all documents related to her disenrollment from AFROTC be removed from...

  • AF | BCMR | CY2005 | BC-2004-02200

    Original file (BC-2004-02200.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02200 INDEX CODE: 108.00 XXXXXXXXXXXXXXXXX COUNSEL: Mr. Douglas H. Kohrt XXXXXXXXXXXXX HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her records, specifically her DD Form 785, Record of Disenrollment from Officer Candidate-Type Training, Section IV, be changed from “Definitely Not Recommended” to “Highly...

  • AF | BCMR | CY2007 | BC-2004-00666A

    Original file (BC-2004-00666A.doc) Auto-classification: Denied

    In his rebuttal to the Air Force evaluation at Exhibit I, the applicant requests that if his debt is not cancelled, it be placed on hold until he has the opportunity to send his DD Form 214 in to show that he has completed two full years of active duty service. He states that HQ AFROTC denied his request for debt cancellation although he has served three years in the Army National Guard (ANG). In that regard, we agree with the determination of the Air Force office of primary responsibility...

  • AF | BCMR | CY2006 | BC-2006-02040

    Original file (BC-2006-02040.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02040 INDEX CODE: 100.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 9 November 2007 ________________________________________________________________ APPLICANT REQUESTS THAT: The debt incurred as a result of his disenrollment from the Air Force Reserve Officer Training Corps (AFROTC) be waived. On 1 August 2005, his detachment commander advised him...

  • AF | BCMR | CY2013 | BC 2013 05886

    Original file (BC 2013 05886.txt) Auto-classification: Denied

    f. The disenrollment authority states the applicant had been reminded of his responsibilities “on numerous occasions.” He must be referring to the AFROTC Form 16, Officer Candidate Counseling Record, which is the only possible document cadets receive on “numerous occasions.” However, the AFROTC Form 16 is silent as to prescription drug use. On 21 Oct 12, the applicant’s commander recommended he be disenrolled from AFROTC. The applicant “failed to maintain military retention standards and...

  • AF | BCMR | CY2004 | BC-2004-01921

    Original file (BC-2004-01921.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01921 INDEX NUMBER: 110.00 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: Her disenrollment from the Air Force Reserve Officer Training Corps (AFROTC) program due to medical disqualification be voided. She never received adequate counsel as requested and never received a complete copy...

  • AF | BCMR | CY2003 | bc-2002-02911

    Original file (bc-2002-02911.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2002-02911 INDEX CODE 100.00 COUNSEL: None HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: His reason for disenrollment from the Air Force Reserve Officer Training Corps (AFROTC) be changed to “Cadet is disenrolling on grounds of his homosexuality and the military’s current stance on...