ADDENDUM TO 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-01011 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

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APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect that his improper discharge 
never took place and he be allowed to return to the service. 

 

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APPLICANT CONTENDS THAT: 

 

While the AFBCMR previously corrected his record to reflect that 
on 31 Jan 07, he was discharged with a reenlistment eligibility 
factor of “eligible” rather than “ineligible,” he is still 
unable to reenlist. Because of his original erroneous discharge 
for drug abuse and the incomplete correction to his record, his 
career has been ruined through no fault of his own. 

 

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RESUME OF CASE: 

 

On 30 Jan 10, the Board considered the applicant’s original 
request that his discharge from the Tennessee Air National Guard 
(ANG) be set aside and that he be reinstated. He contended that 
he should not have been discharged for drug abuse because he 
unknowingly ingested an illegal substance while working as a 
police officer in a civilian capacity. The Board found the 
applicant had raised sufficient doubt regarding the original 
finding that he purposefully ingested an illegal substance and 
determined that he should have the chance to be considered for 
reenlistment with the Tennessee ANG or another Guard or Reserve 
unit. For an accounting of the facts and circumstances 
surrounding the applicant’s original request and the rationale 
of the earlier decision by the Board, see the Record of 
Proceedings (ROP) at Exhibit B. 

 

By virtue of a DD Form 149, dated 2 Mar 12, the applicant now 
requests that his record be corrected to reflect his discharge 
never occurred, contending that despite the Board’s previous 
determination that he should be eligible to be considered for 
reenlistment, he is still precluded from doing so because the 


noted correction to his record did not have its intended effect 
and, as a result, he is stuck in a situation where his career is 
ruined through no fault of his own, but he cannot fix the 
mistake. 

 

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

 

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THE BOARD CONCLUDES THAT: 

 

Sufficient relevant evidence has been presented to demonstrate 
the applicant is the victim of an error or injustice. The 
applicant contends the Board’s previous action in his case did 
not have the intended effect of making him eligible for 
reenlistment. After a thorough review of the evidence of record 
and the applicant’s complete submission, we believe that further 
corrective action is warranted. In this respect, we note that 
while the Board found the applicant should have the opportunity 
to be considered for reenlistment because he had raised 
sufficient doubt to undermine the basis for the contested 
action, the original remedy, changing his reenlistment 
eligibility factor from “ineligible” to “eligible,” did not, by 
itself, constitute full and fitting relief. In this respect, we 
note that his NGB Form 22, National Guard Bureau Report of 
Separation and Record of Service, still reflects that he was 
furnished a General (Under Honorable Conditions) discharge for 
misconduct and was issued a corresponding separation program 
designator (SPD) code that renders him ineligible to be 
considered for reenlistment. Therefore, in view of the fact 
that we previously determined the applicant should be eligible 
to pursue reenlistment, provided he is otherwise qualified, and 
noting that his service characterization, authority and reason 
for separation, and SPD code were based solely on the accusation 
that he had purposefully ingested an illegal substance, we 
believe the applicant’s records should be corrected as indicated 
below. 

 

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THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to reflect that on 
31 January 2007, he was honorably discharged, with an authority 
and reason for separation of “Secretarial Authority” and a 
separation program designator (SPD) code of “KFF.” 

 

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The following members of the Board considered the applicant’s 
request for reconsideration of AFBCMR Docket Number 
BC-2009-01011 in Executive Session on 7 Feb 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following additional documentary evidence was considered: 

 

 Exhibit B. Record of Proceedings, dated 21 Jul 10, 

 w/atch. 

 Exhibit C. DD Form 149, dated 2 Mar 12, w/atchs. 

 

 

 

 

 Panel Chair