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AF | BCMR | CY2000 | 0001282
Original file (0001282.doc) Auto-classification: Denied

                       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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