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AF | BCMR | CY2012 | BC-2012-04997
Original file (BC-2012-04997.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-04997
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

His debt as a result of his Air Force Reserve Officer Training 
Corps (AFROTC) disenrollment be remitted.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

While he was completing his training in the AFROTC program, at 
Alabama State University, he was involved in a motor vehicle 
accident which resulted in multiple physical training test 
failures and he was subsequently disenrolled.

His life’s goal was to obtain a career as an Air Force Officer 
upon graduation.  This was to better his family and their lives. 
He worked very hard through school and worked at night to help 
financially support his family.  However, his now ex-wife walked 
out, in July, and took his little girl prior to his senior year. 
This was devastating to him in many ways: stressfully, mentally, 
emotionally, and in a major way, financially.  Shortly after 
this he was in a traumatic automobile accident.  He received a 
bruised heart, four bruised ribs, a bruised sternum, and 
bleeding in one of the bones in his leg.  He spoke with his 
superiors in the ROTC program to try and delay some of the 
physical testing as his conditions did not allow him to pass the 
testing.  However, he did not meet AFROTC requirements and was 
subsequently disenrolled. 

In support of his appeal, the applicant provides a personal 
statement; copies of records and associated financial 
statements, and various other supporting documents.

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

________________________________________________________________

STATEMENT OF FACTS:

On 18 Jul 11, the applicant was disenrolled from the AFROTC 
program under the provisions of AFI 36-2011, Air Force Reserve 
Officer Training Corps Program, para 6.1.5, and AFROTCI 36-2011, 
Cadet Operations, para 11.4.2.3, for failure to maintain 
military retention standards.  Specifically, his inability to 
pass his physical fitness assessment twice, by failing to 
maintain body mass index (BMI) standards and when he failed to 
exercise the maturity and judgment expected of an officer 
candidate.  

On 18 Jul 11, the applicant was honorably discharged from his 
assignment with the Air Reserve Personnel Center (ARPC) (AFROTC) 
and furnished an honorable discharge certificate.

________________________________________________________________

THE AIR FORCE EVALUATION:

DFAS-IN recommends denial.  DFAS notes that the applicant states 
that in the months leading up to his counseling that he was 
unable to maintain physical training (PT) and weight standards 
due to recovering from an auto accident.  The applicant, when 
asked to produce a police report, stated that no report was 
filed as there was alcohol involved.  On 18 Jul 07, the 
applicant was issued a citation to appear in court for serving 
alcohol to a minor after failing to check I.D.  The applicant 
submitted an AFROTC Form 35 letter, dated 3 Oct 07, clearly 
stating, an extremely bad decision and pleading youthful 
offender.  This was at least 3 years prior to this accident.  
With this history the applicant was well aware the detriment to 
ones future in regards to the use, or abuse, of alcohol.

The applicant enlisted under the ROTC program, on 26 Aug 09, 
part of the responsibilities outlined in the contract he signed; 
clearly states that “In order to retain my scholarship, I must 
maintain or exceed the academic and military retention standards 
prescribed by law and instruction for scholarship retention.”

By the applicants own admission he was having trouble 
maintaining a BMI of less than 20.0% and a Maximum Allowable 
Weight of 197 LBS.

The applicant was counseled in regard to the possibility of 
disenrollment as early as 3 Jun 10, with a counseling statement 
AFROTC Form 16 that referred to receipt of a PT score of 75 or 
better and maintaining a BMI.  This, compounded with his 
inability to maintain a consistent PT score gives question to 
his commitment to a successful career in the Air Force.

There were many more such counseling statements on file 
therefore the statement that an accident was the reason for not 
passing physical fitness standards are questionable.

The applicant has stated that the burden of repaying the 
education debt would have an adverse action on his financial 
situation.  Between payment of living expenses and supporting 
his minor child he is in dire straits to pay much.  The 
education the applicant received up until release from the ROTC 
program should permit him to find gainful employment at some 
point in the future.  To release him from his obligation with no 
consequences would be an error and injustice to the intent of 
correction of record.

The complete DFAS-IN evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 29 Apr 13 for review and response.  As of this 
date, no response has been received by this office (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 error or injustice.  We took notice 
of the applicant’s complete submission, in judging the merits of 
the case; however, the Defense Finance and Accounting office of 
primary responsibility has adequately addressed the issues 
presented by the applicant and we are in agreement with their 
opinion and recommendation.  Therefore, in the absence of 
evidence to the contrary, we find no basis upon which to 
recommend granting the relief sought.

________________________________________________________________

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-2012-04997 in Executive Session on 6 Aug 13, under the 
provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Oct 12, w/atchs. 
    Exhibit B.  Applicant’s Available Disenrollment Package.
    Exhibit C.  Letter, DFAS-IN, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Apr 13.




                                   Panel Chair





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