RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01282
INDEX CODE: 110.00, 100.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His “Ineligible” reenlistment eligibility (RE) code be changed to
allow eligibility to enlist in the Air Force Reserves.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to reenter the Reserves as a Chaplain Assistant. The
circumstances surrounding his discharge stems from his conviction of a
Class B felony for dealing in cocaine. He has been drug free for 6
years, is now an ordained elder of his church and is actively involved
in the church’s community outreach programs dealing with substance
abuse. He is scheduled to graduate from college in Dec 00, with an
Associate Degree in business administration.
In support of his request, applicant submits a personal statement,
with numerous letters of recommendations (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
The applicant has prior enlisted service in the Regular Air Force (15
Nov 76-14 Sep 84); a break in service (15 Sep 84 - 10 Jan 85); and,
enlisted in the Air Force Reserve on 11 Jan 85. On 24 Sep 91, the
applicant enlisted in the Indiana Air National Guard (IN ANG) in the
grade of staff sergeant (E-5), for a period of 3 years.
Applicant's military personnel records reflect he tested positive for
cocaine during a drug urinalysis test in Dec 92.
On 7 Jan 93, the numbered fighter wing commander, IN ANG, requested
that the applicant be denied a security clearance based on an
investigation package and further requested the applicant be processed
for discharge. On 5 Mar 93, the applicant was honorable discharged in
the grade of E-5 under the provisions of ANGR 39-10, Para. 8-2B
(Security). He received a Separation Program Designator (SPD) code of
JDK, which defined means: “Military Personnel Security Program,
involuntary discharge processed - no Board entitlement”, and an RE
Code of “Ineligible.” He had completed 6 years, 10 months and 13 days
of prior Reserve service and 7 years, 10 months of prior active
Federal service, for a total of 16 years, 1 month and 25 days of
service for pay.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided an investigative report which is attached at
Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Operations Branch, HQ AFRC/RSOO, stated that, in accordance with
the governing Air Force Reserve Recruiting Procedures, self-admitted
use of cocaine and/or conviction for illegal use, possession, sale,
etc., of illegal drugs are permanently disqualifying factors; and, a
waiver determination is not authorized. RSOO indicated that since the
applicant admitted to using cocaine and having a civil conviction for
dealing in cocaine, he is permanently disqualified for enlistment in
the Air Force Reserve, regardless of his reenlistment code (Exhibit
D).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
4 August 2000 for review and response. As of this date, no response
has been received by this office (Exhibit E). A copy of the FBI
report was forwarded to applicant on 4 October 2000 for review and
response. As of this date, no response has been received by this
office (Exhibit E).
_________________________________________________________________
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 probable error or injustice. Applicant’s supporting
documents were duly noted and we commend his conduct since his
discharge from the service. However, a review of the facts and
circumstances leading to applicant’s discharge indicate that his
discharge was proper and in accordance with existing regulations at
the time. The applicant was discharged due to his involvement with
illegal drugs. Thus, applicant’s RE code was a result of his own
misconduct and not because of an error or injustice on the part of the
Air Force. While applicant’s efforts outside of the military
environment have been noteworthy, this cannot negate his conduct while
he was a military member. Additionally, the Board notes that,
regardless of his reenlistment code, the applicant is permanently
disqualified for enlistment in the Air Force Reserve due to his
involvement with illegal drugs and his ensuing arrest. Having found
no error or injustice with regard to the actions that occurred while
the applicant was a military member, we conclude that no basis exists
to grant favorable action on his request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 this application in
Executive Session on 9 November 2000, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Marcia J. Bachman, Member
Mr. Clarence D. Long III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 May 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Identification Record, No. 526902PA7
Exhibit D. Letter, HQ AFRC/RSOO, dated 12 Jul 00.
Exhibit E. Letters, SAF/MIBR, dated 4 Aug 00, and AFBCMR,
dated 4 Oct 00.
WAYNE R. GRACIE
Panel Chair
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