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inactive duty training orders were rescinded for May 5, 6 and the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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