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AF | BCMR | CY2001 | 0101035
Original file (0101035.doc) Auto-classification: Approved



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01035
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded pay and points for his Unit Training  Assemblies  (UTAs)
for the months of May 2000 through September 2000.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was placed in a non-pay  status  and  denied  participation  during
administrative  discharge  proceedings.   The  discharge  action   was
terminated on 20 November 2000 and he has been allowed  to  return  to
duty.

In  support  of  his  appeal,  the  applicant  provided  documentation
pertaining to the termination of  his  discharge  and  copies  of  his
member activity reports.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the
letter  prepared  by  the  appropriate  office  of  the   Air   Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Directorate of Personnel Program  Management,  ARPC/DPP,  reviewed
this application and recommended denial.  DPP  noted  that  on  5  May
2000, the applicant was placed in a non-participation  status  pending
administrative discharge  proceedings.   While  in  this  status,  his
inactive duty training orders were rescinded for  May  5,  6  and  the
months of June, July, August and  September  2000.  According  to  Air
Force Manual 36-8001, Table 1.2., Note 3, a commander/program  manager
has the authority to excuse or deny a member to take part  in  pay  or
point  gaining  activities  if  the  member  is  being  processed  for
involuntary separation action.  The  administrative  discharge  action
was terminated on 20 November 2000, and the applicant was retained  in
the United States Air Force Reserve.  In  DPP’s  view,  the  commander
exercised his authority to deny pay or point gaining activities during
the administrative discharge proceedings.

A complete copy of the DPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  29
June 2001 for review and response.  As of this date, no  response  has
been received by this office (Exhibit D).

_________________________________________________________________

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.  After a thorough review of the facts
and circumstances of this case,  a  majority  of  the  Board  believes
corrective action is warranted.  The evidence of record indicates that
the   applicant’s   commander   initiated   administrative   discharge
proceedings against him after he tested positive for marijuana.  As  a
result, the applicant’s inactive duty training orders were  rescinded.
However, the discharge action was terminated after a determination was
made that the positive urinalysis was caused by hemp oil, of which  he
had no knowledge, rather than the  wrongful  use  of  marijuana.   The
applicant was  retained  in  the  Air  Force  Reserve.   The  majority
recognizes that the commander had the authority to deny the  applicant
participation in pay or point gaining activities because he was  being
processed for involuntary separation action.  Notwithstanding this, in
light of the fact that the applicant was  exonerated  of  the  alleged
misconduct which  resulted  in  the  discharge  action,  the  majority
believes it is in the interest of justice to grant him  the  requested
relief.  Accordingly, a majority of  the  Board  recommends  that  the
applicant’s records be corrected as 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 he was credited  with
20 paid inactive  duty  points  for  participation  in  Unit  Training
Assemblies during the months of May 2000 through September 2000.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 Aug 01, under the provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Ms. Melinda J. Loftin, Member
      Mr. Dale O. Jackson, Member

By  majority  vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Ms. Loftin voted to deny applicant's request but did not
wish to submit a minority report.  The following documentary  evidence
was considered:

     Exhibit A.  DD Form 149, dated 7 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPP, dated 29 Jun 01.
     Exhibit D.  Letter, SAF/MIBR, dated 6 Jul 01.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair












AFBCMR 01-01035




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 he was credited with 20
paid inactive duty points for participation in Unit Training
Assemblies during the months of May 2000 through September 2000.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency


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