Search Decisions

Decision Text

AF | BCMR | CY2001 | 0101016
Original file (0101016.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:                       DOCKET NUMBER:  01-01016
                                        INDEX CODE 106.00
                                        COUNSEL: No

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1998 general discharge  from  the  Air  National  Guard  (ANG)  be
upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young, inexperienced and fell in with the wrong people.  He has
tried to turn his life around and would like another chance to  serve.
He provides some post-service information.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was discharged for drug abuse from the Massachusetts ANG
on 1 Sep 98 with a general characterization.  He had 3 years, 6 months
and 5 days of service.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Washington, D.C., indicated that on the basis of the  data  furnished,
they were unable to locate an arrest record

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records (Exhibit B),  are  contained  in
the letters prepared  by  ANG/DPFP  and  HQ  MAANG/ESSO  (Exhibit  C).
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Personnel Policy Staff Officer, ANG/DPFP, reviewed the appeal  and
provided his rationale for recommending denial.  Also provided  as  an
attachment is a memo from the HQ Massachusetts ANG  Executive  Support
Staff Officer recommending denial.

A complete copy of the evaluation, and attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 13 Jul 01 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable injustice regarding the applicant’s  request
to have his general discharge from the ANG upgraded to  honorable.  No
evidence has been  presented  which  would  lead  us  to  believe  his
discharge was improper or contrary to the directive under which it was
effected.  Nevertheless,  in  view  of  the   applicant’s   successful
transition  to  civilian  life,  as  evidenced  by  the   post-service
documentation he has provided and the FBI  report  indicating  he  has
been a law-biding citizen, we are of the opinion  that  upgrading  his
discharge  to  honorable,  based  solely   on   clemency,   would   be
appropriate.  However,  the  applicant  has  not  provided  sufficient
evidence  to  warrant  altering  his  reenlistment  eligibility.   The
applicant should understand that upgrading his discharge to  honorable
in no way obligates any of the Services to accept him for  enlistment.
Accordingly, we recommended that the applicant’s be corrected  to  the
extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that, on 1 September 1998,
he was honorably discharged  from  the  Air  National  Guard  and  the
Reserve  of  the  Air  Force  and  furnished  an  Honorable  Discharge
Certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 20 September 2001, under the provisions of AFI 36-
2603:

                  Mr. Teddy L. Houston, Panel Chair
                  Mr. Roscoe Hinton Jr., Member
                  Mr. Roger E. Willmeth, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 Apr 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ANG/DPFP, dated 5 Jul 01, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 01.




                                   TEDDY L. HOUSTON
                                   Panel Chair




AFBCMR 01-01016




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to             , be corrected to show that, on 1
September 1998, he was honorably discharged from the Air National
Guard and the Reserve of the Air Force and furnished an Honorable
Discharge Certificate.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2002 | BC-2002-03074

    Original file (BC-2002-03074.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03074 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general under honorable conditions discharge be upgraded to honorable and that the Separation Program Designator (SPD) code of JNF – Drug Abuse be changed to remove “Drug Abuse” from his record. His submission, with...

  • AF | BCMR | CY2003 | BC-2002-03074

    Original file (BC-2002-03074.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03074 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general under honorable conditions discharge be upgraded to honorable and that the Separation Program Designator (SPD) code of JNF – Drug Abuse be changed to remove “Drug Abuse” from his record. His submission, with...

  • AF | BCMR | CY2003 | BC-2002-02685

    Original file (BC-2002-02685.doc) Auto-classification: Denied

    AFPC/DPFP noted that in his statement, the applicant questioned the procedures at the Air Force Drug Testing Laboratory. According to the National Guard Bureau's Counterdrug Office, a positive test result is only reported after a member’s original urine sample has been tested and resulted in a positive test on three separate tests: screen, re-screen, and confirmation testing. The evidence of record reveals that the applicant was involuntarily discharged from the Air National Guard and as a...

  • AF | BCMR | CY2002 | 0002007

    Original file (0002007.doc) Auto-classification: Approved

    A complete copy of the HQ USAF/JAG evaluation is at Exhibit F. ANG/DPFP indicated that after an additional review of the applicant’s medical documentation, and based on the fact that the applicant was injured while on duty, even though he was disqualified medically for duty in Dec 98, the applicant should have been found LOD-Yes for his spinal injury. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department...

  • AF | BCMR | CY2001 | 0003048

    Original file (0003048.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-03048 INDEX CODES: 100.06, 110.02, 110.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Special Order A1-175, dated 19 Aug 99, honorably discharging him from the Puerto Rico Air National Guard (PRANG) on 19 Aug 99 be invalidated. On 21 March 00, pursuant to its authority over federal labor/management...

  • AF | BCMR | CY2003 | BC-2002-03654

    Original file (BC-2002-03654.doc) Auto-classification: Denied

    We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air National Guard (ANG) office of primary responsibility that ANG Instructions are clear on the establishment of DOR and subsequent requests for adjustments to such. The applicant had in excess of a two-year break in service from the Air Force before enlisting into the ANG establishing his DOR to be the date of his enlistment into the ANG. ...

  • AF | BCMR | CY2002 | 0100344

    Original file (0100344.doc) Auto-classification: Approved

    The Board directed that the applicant’s records be corrected to reflect that he was not released from active duty on 8 Mar 96 under the provisions of AFI 36-3209 (Misconduct), transferred to the Kansas Air National Guard on 2 Apr 96, discharged from the Kansas Air National Guard on 31 Jul 97, and assigned to the Retired Reserve on 2 Aug 97; but was continued on active duty until 31 Jan 99; and, that he was released from active duty on 31 Jan 99 for the Convenience of the Government...

  • AF | BCMR | CY2003 | BC-2002-02395

    Original file (BC-2002-02395.doc) Auto-classification: Denied

    Applicant’s NGB Form 22, Report of Separation and Record of Service, reflects that he received a general discharge on 31 May 2000 under the provisions of AFI 36-3209, para 3.21.3.2 (Misconduct - Drug Abuse). _________________________________________________________________ AIR FORCE EVALUATION: ANG/DPFP recommends denial. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air National Guard...

  • AF | BCMR | CY2004 | BC-2002-02395

    Original file (BC-2002-02395.doc) Auto-classification: Denied

    Applicant’s NGB Form 22, Report of Separation and Record of Service, reflects that he received a general discharge on 31 May 2000 under the provisions of AFI 36-3209, para 3.21.3.2 (Misconduct - Drug Abuse). _________________________________________________________________ AIR FORCE EVALUATION: ANG/DPFP recommends denial. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air National Guard...

  • AF | BCMR | CY2001 | 0101551

    Original file (0101551.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant notes the current AFI regulating separations for mental health problems does not allow coding for other than “Personality Disorder,” an entirely different DSM-IV code sequence from that with which the applicant was diagnosed. A complete copy of the evaluation is at Exhibit D. The Assistant Chief, Skills Management Branch, HQ AFPC/DPPAE, indicates that the applicant’s RE code...