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 applicants 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 applicants 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 applicants
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 applicants 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
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