AFROTC Disenrollment

[milkywayproduct]

Long story short, I was falsely accused of physical assault last year and arrested for it. There were no injuries just people claiming I threatened them. I maintained I was innocent through the entire process and eventually the case was dismissed and I am currently getting it expunged. Fast forward now I am being disenrolled for even being arrested despite it being based on false accusations. AFROTC is literally going against their policy to disenroll me. Has anyone here gone through something similar and what are my options?

 

[Herman_Snerd]

Long story short, I was falsely accused of physical assault last year and arrested for it. There were no injuries just people claiming I threatened them. I maintained I was innocent through the entire process and eventually the case was dismissed and I am currently getting it expunged. Fast forward now I am being disenrolled for even being arrested despite it being based on false accusations. AFROTC is literally going against their policy to disenroll me. Has anyone here gone through something similar and what are my options?

Cannot determine based on the information provided: It’s challenging without the exact and full picture of what’s been shared with you directly, and without seeing what is documented in your DD Form 785, without knowing where you are in your review board process to understand what’s happening here. Has the board already met/ is this decision final? Do you have paperwork in-hand? Is the air force aware the case was dismissed and aware of the timing of when you plan to have this expunged and where that now sits? Did you appeal / did you engage specialized legal counsel to advocate / provide guidance? Did you already lose your appeal?

There is potentially a difference between an accusation being patently false/ your being factually innocent and a prosecutor electing to withdraw a charge. Again we don’t know as you likely do, how this was documented or what was confirmed. You state you are innocent and others claimed you threatened them or perhaps harmed them. You maintain innocence which is your right, and yet others including the AF board may not see it that way. Sounds like enough stink rubbed off to stick to you, regardless of it that was earned.

If it were me I would retain counsel with 2 separate goals. 1. Advocate and guidance through the review board/ disenrollment process -specialized counsel. 2. If person(s) actually filed a false police report and you can prove that, work with an attorney to seek damages- because that if true may have cost you an scholarship and dream career. Be honest with your counsel on what you said or did/ what was documented though as there is smoke here. And often where there is smoke there is fire. Meaning while not guilty of the first charge you may not be snow white innocent either. I don't know - again I can't determine with what you shared, and my opinion here is less relevant than that of the board.

I feel like the board had something though to grab onto – perhaps how you conducted yourself that even without physical threat is enough for them to say “no thanks” in you becoming a future officer. But again, too many gaps here to really conclude – perhaps within this answer there is something about seeking counsel, appealing, or seeking damages if you were falsely accused that may help you. Good luck.

 

[milkywayproduct]

So I went through the disenrollment board and the decision has been finalized. I now have the opportunity to file an appeal. The police arrested based entirely on hearsay accusations, there was no injuries or damaged and I did not self incriminate. The prosecutor dismissed the charge due to lack of evidence, although I maintained I was innocent through the entire process. My DD Form 785 has been given a "5" rating meaning I am "definitely no recommended" for any other officer training. This incident is my only disciplinary action ever taken against me. The AF is aware it was dismissed and in the process of being expunged. I literally have police body cam footage of my arrest and me proclaiming my innocence. Theres no conduct besides the false accusations that could warrant a disenrollment.

 

[ProudDad17]

Did the incident that precipitated your arrest involve other ROTC cadets? That may be a factor. Also, keep in mind the legal standard for a criminal conviction is proof beyond a reasonable doubt. This is a very high standard. Not uncommon for a prosecutor to decline to file charges on a simple battery case with no injuries, no video of the actual incident and no independent, uninvolved witnesses. I'm not sure what level of proof AFROTC uses for administrative disciplinary matters, such as disenrollment, but it is certainly lower than this, likely a preponderance of the evidence (more likely than not basically) or clear and convincing evidence. The fact that there is body camera video of you proclaiming your innocence means absolutely nothing in either the criminal case or the disenrollment process. I couldn't even begin to tell you how many people I have had go to prison who adamantly proclaimed their innocence throughout the entire court process.

 

[franknd]

Engage counsel with experience representing service members. The threshold to disenroll you (or anyone) likely isn't very high, but it's not non-existent either. There has to be an articulable reason, and I'm doubtful that a dismissed assault charge -- without more -- is sufficient.

 

[milkywayproduct]

Did the incident that precipitated your arrest involve other ROTC cadets? That may be a factor. Also, keep in mind the legal standard for a criminal conviction is proof beyond a reasonable doubt. This is a very high standard. Not uncommon for a prosecutor to decline to file charges on a simple battery case with no injuries, no video of the actual incident and no independent, uninvolved witnesses. I'm not sure what level of proof AFROTC uses for administrative disciplinary matters, such as disenrollment, but it is certainly lower than this, likely a preponderance of the evidence (more likely than not basically) or clear and convincing evidence. The fact that there is body camera video of you proclaiming your innocence means absolutely nothing in either the criminal case or the disenrollment process. I couldn't even begin to tell you how many people I have had go to prison who adamantly proclaimed their innocence throughout the entire court process.

The level of proof is a "preponderance of evidence". I have evidence that shows the opposing party directly lied about aspects of the incident. I presented alot of this evidence already. My concern is that the "preponderance of evidence" rule is completely objective and up to anyones discretion.

 

[GWU PNS (emeritus)]

Lots to unpack here. First off, there is likely a deadline to file your appeal. Whatever you decide, ensure you adhere to the deadline or formally request an extension.

So....this happened last year.....as in a full year ago or last semester (late 2021)?

Charge was "assault".....or was it aggravated assault......or was it assault and battery? Making credible threats is in fact assault in most jurisdictions. It doesn't have to culminate in physical contact.

Was this on campus or somewhere else? I ask because campus police tend to try and help students out.

If you were arrested while on scholarship.....did you notify your cadre/unit as soon as you could or did they find out some other way?

Any chance alcohol was involved and you were not of legal age?

Aside from all of this, would you say you were one of your battalion's top performers, or in the middle, or somewhere lower?

Typically, review boards have 2-3 officers and then the CO reviews their findings. If I wanted to buy in to your version, you did nothing wrong, your entire cadre just decided they don't like you, and a very senior officer in command decided to disenroll you with the worst possible recommendation.

I wish you the best, and while I feel bad that someone has an otherwise promising career completely derailed, your version of events doesn't quite pass muster for me.

Good Luck!

 

[Humey]

There are many cases where someone cant or wont be charged because it's not worth the time or evidence cant be used. I mean if a cop illegally searches a cadet's car and finds drugs he won't be charged for it. That shouldn't stop the detachment from disenrolling them. On the other hand, if women accuse a man of assault and are arrested and then released because there is no evidence, i don't see how a detachment would have cause to do anything. I agree that the detachment doesn't have to use the same rules of a criminal court. On the other hand, solely being accused (arrested) and then never charged because of no evidence should never be a cause for disenrollment. Its no different from guys who get kicked out of college because they are accused of sexual assault even though there were no criminal charges filed. Lives are changed and ruined because people lie. Criminal justice uses the idea that it's better to let a guilty person go than find an innocent man guilty seems to be ignored by everyone else as long as we think we are right

 

[franknd]

The level of proof is a "preponderance of evidence". I have evidence that shows the opposing party directly lied about aspects of the incident. I presented alot of this evidence already. My concern is that the "preponderance of evidence" rule is completely objective and up to anyones discretion.

So was there a fact-finding hearing or procedure of some sort? You say you "presented evidence," and you refer to a burden of proof ("preponderance of evidence"), so now it sounds like there were facts found against you by the arbiter (your PAS?). If that's all true, that makes your situation likely a lot tougher. It would mean he reviewed the evidence and apparently found it was more likely than not that you engaged in some sort of misconduct. Does my description sound right, or is it close to being accurate about what has transpired?

BTW, you mean "subjective."

 

[milkywayproduct]

Lots to unpack here. First off, there is likely a deadline to file your appeal. Whatever you decide, ensure you adhere to the deadline or formally request an extension.

So....this happened last year.....as in a full year ago or last semester (late 2021)?

Charge was "assault".....or was it aggravated assault......or was it assault and battery? Making credible threats is in fact assault in most jurisdictions. It doesn't have to culminate in physical contact.

Was this on campus or somewhere else? I ask because campus police tend to try and help students out.

If you were arrested while on scholarship.....did you notify your cadre/unit as soon as you could or did they find out some other way?

Any chance alcohol was involved and you were not of legal age?

Aside from all of this, would you say you were one of your battalion's top performers, or in the middle, or somewhere lower?

Typically, review boards have 2-3 officers and then the CO reviews their findings. If I wanted to buy in to your version, you did nothing wrong, your entire cadre just decided they don't like you, and a very senior officer in command decided to disenroll you with the worst possible recommendation.

I wish you the best, and while I feel bad that someone has an otherwise promising career completely derailed, your version of events doesn't quite pass muster for me.

Good Luck!

So the incident happened April of last year. The charge was "aggravated assault", although there was no injuries or damages. The incident happened off campus. I notified my cadre a week after the initial arrest. No alcohol was involved. I'd say I was a middle performer, I was awarded an in college scholarship, plenty of campus involvement, and great physical and test scores.
My commander told me because the "title" of the charge it was hard to justify keeping me as a cadet. This entire process has treated me like I'm guilty until proven innocent. I feel like I need a video of the incident or no one will believe me.

 

[milkywayproduct]

There are many cases where someone cant or wont be charged because it's not worth the time or evidence cant be used. I mean if a cop illegally searches a cadet's car and finds drugs he won't be charged for it. That shouldn't stop the detachment from disenrolling them. On the other hand, if women accuse a man of assault and are arrested and then released because there is no evidence, i don't see how a detachment would have cause to do anything. I agree that the detachment doesn't have to use the same rules of a criminal court. On the other hand, solely being accused (arrested) and then never charged because of no evidence should never be a cause for disenrollment. Its no different from guys who get kicked out of college because they are accused of sexual assault even though there were no criminal charges filed. Lives are changed and ruined because people lie. Criminal justice uses the idea that it's better to let a guilty person go than find an innocent man guilty seems to be ignored by everyone else as long as we think we are right

Totally agree, thats not whats happening though. The mere fact I was arrested is their justification for disenrolling me.

 

[milkywayproduct]

So was there a fact-finding hearing or procedure of some sort? You say you "presented evidence," and you refer to a burden of proof ("preponderance of evidence"), so now it sounds like there were facts found against you by the arbiter (your PAS?). If that's all true, that makes your situation likely a lot tougher. It would mean he reviewed the evidence and apparently found it was more likely than not that you engaged in some sort of misconduct. Does my description sound right, or is it close to being accurate about what has transpired?

BTW, you mean "subjective."

Yes, there was a fact finding hearing. I presented evidence that showed aspects of opposing party's story were lies, although I didnt have video of the entire incident to prove the allegations in its entirety were false. After presenting the evidence the commander basically said theyre still moving forward with the disenrollment. I brought evidence to support my claims yet and showed that directly showed major aspects of their story was false, but its like it wasnt taken into account.

 

[Herman_Snerd]

Great wisdom from other posters and the OP here in some honest reflection - thank you all. It’s unfortunate if you didn’t have specialized legal counsel walk you through ideal answers you could have organized and presented through the PRB. You should consider getting counsel and aligning on exact words and a strategy *if you are going to pursue an appeal. No guarantee but it might give you the best chance.

Real talk - I think you’re focusing on the arrest status change, as if clearing that will clear you to move forward. No arrest is needed to be disenrolled. If you presented to the board the same “wasn’t me” I’m 100% innocent and THEY’RE WRONG/ LYING! energy, while they have other people saying otherwise that they believe, then that lack of personal accountability/ lack of ownership or commitment to improve “could” have contributed to the board not desiring to have you continue toward serving as an officer in the AF. To me, it's not a good look. I don’t know for sure.

In the corp world, I will tolerate mistakes but when I see someone who is “bulletproof” – they mess up but take zero ownership – it’s an express route to career limitations or demise. Just this week we behind the scenes killed an employee’s application to apply for a promotion in another department because their only path from our team at this point is to leave or sit in neutral because – when they mess up they finger point and take no ownership and we're all just "done" with the nonsense.

One of the hardest things to do as a young person (and for some people who are 60 too sadly) is look at disconnects from an “I should have” lens and learn from that vs focusing on others and what they did or did not do. If truly you were a wee little innocent lamb here, who was helping an elderly person across the street on your way to volunteering at a veteran’s shelter, when all this was literally made up, then get counsel and appeal and I would seek damages from those who lied. But honestly I get the sense you contributed here, and that you know that already, and are struggling to process this. I think it will help you grow to put some energy into “I should have” introspective reflection. I don’t know – I’m just a Dad of another trainee along with other folks here, trying to help you sort this out. Good luck to you.

 

[milkywayproduct]

Great wisdom from other posters and the OP here in some honest reflection - thank you all. It’s unfortunate if you didn’t have specialized legal counsel walk you through ideal answers you could have organized and presented through the PRB. You should consider getting counsel and aligning on exact words and a strategy *if you are going to pursue an appeal. No guarantee but it might give you the best chance.

Real talk - I think you’re focusing on the arrest status change, as if clearing that will clear you to move forward. No arrest is needed to be disenrolled. If you presented to the board the same “wasn’t me” I’m 100% innocent and THEY’RE WRONG/ LYING! energy, while they have other people saying otherwise that they believe, then that lack of personal accountability/ lack of ownership or commitment to improve “could” have contributed to the board not desiring to have you continue toward serving as an officer in the AF. To me, it's not a good look. I don’t know for sure.

In the corp world, I will tolerate mistakes but when I see someone who is “bulletproof” – they mess up but take zero ownership – it’s an express route to career limitations or demise. Just this week we behind the scenes killed an employee’s application to apply for a promotion in another department because their only path from our team at this point is to leave or sit in neutral because – when they mess up they finger point and take no ownership and we're all just "done" with the nonsense.

One of the hardest things to do as a young person (and for some people who are 60 too sadly) is look at disconnects from an “I should have” lens and learn from that vs focusing on others and what they did or did not do. If truly you were a wee little innocent lamb here, who was helping an elderly person across the street on your way to volunteering at a veteran’s shelter, when all this was literally made up, then get counsel and appeal and I would seek damages from those who lied. But honestly I get the sense you contributed here, and that you know that already, and are struggling to process this. I think it will help you grow to put some energy into “I should have” introspective reflection. I don’t know – I’m just a Dad of another trainee along with other folks here, trying to help you sort this out. Good luck to you.

Totally understand where youre coming from, accountability is definitely necessary for trust. But this isnt something where taking any ownership of something you didnt do is advisable. It not a simple mistake, this is a felony. I've been trying to clear my name for a year now, and everything I've been working for is being taken away because of allegations. I'm trying my best to go for damages but I just want a fair chance.

 

[Herman_Snerd]

Totally understand where youre coming from, accountability is definitely necessary for trust. But this isnt something where taking any ownership of something you didnt do is advisable. It not a simple mistake, this is a felony. I've been trying to clear my name for a year now, and everything I've been working for is being taken away because of allegations. I'm trying my best to go for damages but I just want a fair chance.

My son happens to be a commercial pilot so we talk sometimes about “where is your destination on this journey” in future plan discussions– knowing where you want to get to helps crystalize next steps and stay focused. By yourself or with your attorney or family, please identify where your destination goal on this is as you move forward. Is it to file an appeal and get reinstated for AFROTC because you were wronged – recommend you seek legal counsel, specialized, if so and file the appeal with care (and as others noted, on-time). Is it damages in court from those who wronged you? Be aware though that you may have through your actions to date and what you DIDN”T say in your PRB, say in an investigation or not do in getting counsel/ taking action already may make your path a bit steeper now. IDK – discuss with an attorney.

Honestly too be aware you’re coming across as either the victim of a widespread conspiracy that should be on dateline, or that maybe you’re not being transparent in the actions you took to cause this. Jails are full of people who despite DNA, video, eyewitness etc. now unwaveringly/ steadfastly maintain their innocence –the Atlanta child serial killer is a great example. Wasn’t me, he says from his little cell, year after year… As Dr Phil would say “How’s that working out for ya?”

Ride the horse you want to ride here, but I see uphill challenge ahead, unless you're truly as innocent as you say - if you are, go fight this legally and win. Good luck.

 

[AROTC-dad]

Honestly too be aware you’re coming across as either the victim of a widespread conspiracy that should be on dateline, or that maybe you’re not being transparent in the actions you took to cause this.

I agree with @Herman_Snerd here. The OP has presented a case where the outcome makes little sense.

• Why did the police make an arrest without any probable cause?
• What exactly precipitated the "incident?"
• Why did the OP's commander recommend disenrollment if they are truly a "middle performing" midshipman with no other history of trouble? Just because of the "title" of the arrest charge? And those charges were completely dropped?

There is a lot of smoke here but the OP states there was absolutely no fire whatsoever.

Something doesn't add up.

Given the amount of discretion a PNS has, I have to believe that there was more history and background that is missing on this thread.

 

[milkywayproduct]

I agree with @Herman_Snerd here. The OP has presented a case where the outcome makes little sense.

• Why did the police make an arrest without any probable cause?
• What exactly precipitated the "incident?"
• Why did the OP's commander recommend disenrollment if they are truly a "middle performing" midshipman with no other history of trouble? Just because of the "title" of the arrest charge? And those charges were completely dropped?

There is a lot of smoke here but the OP states there was absolutely no fire whatsoever.

Something doesn't add up.

Given the amount of discretion a PNS has, I have to believe that there was more history and background that is missing on this thread.

Police have to have probable cause to make an arrest. Theyre probable cause was that the opposing party made a 911 call and the rationale behind me threatening them is "legitimate". The incident was after a car crash where the opposing party rear ended me, they basically said I had severe road rage. The charge was completely dismissed with no conditions necessary.

 

[AROTC-dad]

So you are saying that there was legitimate probable cause for an arrest (but not conviction or charges) for some degree of road rage.

Can you explain what caused the escalation to warrant the opposing party to call the cops? (perception of road rage). This may be the issue your PNS has focused on.

I am not criticizing you. I am only trying to gain clarity of the facts that may have led to your situation.

 

[ProudDad17]

I'll wade in here again and say I agree there is more to this incident than what has been posted here. One thing I saw that caught my eye is that it took you a week to report this to cadre. I don't know if this played any factor in the decision. I'm also curious when your disciplinary hearing was held and the decision to dismiss you was made, given that this occurred a year ago. Another thing is that you initially made reference to "people" claiming you threatened them, which means more than one. I would guess those people were together, but don't know that for sure. Then you initially say you were arrested for "physical assault" and that people said you threatened them. Those are different things. Then it turns out the charge was aggravated battery. In my state, and I'm going to guess this is true or at least similar in most states, a charge of aggravated battery would mean 1) significant injury 2) the use of some sort of weapon or 3) the type of force used is likely to produce great bodily injury (actions such as kicking a person in the head or similar conduct. You have said there was absolutely no injury, so I'm guessing one of the other actions was alleged. Bottom line is, I'm confident that SOMETHING happened at this collision other than a peaceful exchange of insurance information. Somehow what should have been a minor incident escalated and now you are paying the consequences of that.

All that is not really relevant at this point you were given advice about how to proceed from here. If you are still in a window where you can appeal the decision, it is up to you to either represent yourself as well as you can or hire a professional to represent you.

 

[momx3]

So I went through the disenrollment board and the decision has been finalized. I now have the opportunity to file an appeal. The police arrested based entirely on hearsay accusations, there was no injuries or damaged and I did not self incriminate. The prosecutor dismissed the charge due to lack of evidence, although I maintained I was innocent through the entire process. My DD Form 785 has been given a "5" rating meaning I am "definitely no recommended" for any other officer training. This incident is my only disciplinary action ever taken against me. The AF is aware it was dismissed and in the process of being expunged. I literally have police body cam footage of my arrest and me proclaiming my innocence. Theres no conduct besides the false accusations that could warrant a disenrollment.

I wish you engaged counsel prior to the board. Something as important as this requires someone who is more knowledgeable than yourself, If you have not done so already, hire an experienced military attorney ASAP. I think you only have 5 days to file an appeal. Best of luck to you and I am sorry you are experiencing this. While the consequences weren't as severe, many years ago when I was in school, my brother was arrested and falsely accused of something he did not do (based on heresay). Sadly, my family had to hire an attorney and took the matter to trial as the ADA wouldn't even talk to the cop before hand. ironically, the cop testified on my brother's behalf and the truth came out- but this was well after the fact. He didn't have the loss of a rotc scholarship. PLease, contact an attorney asap to assist you. Best of luck.