RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02635
INDEX CODE: 100.03, 100.06
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility status reflected on his NGB Form 22, National
Guard Bureau, Report of Separation and Record of Service, be changed to
reflect eligible, vice ineligible.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received an honorable discharge but is ineligible to reenlist. By
definition, his ineligibility to reenlist is in conflict with an honorable
discharge. He was honorably discharged for involuntary drug use (herbs-
homeopathic medicine). He wasn’t aware of the drug features of herbs, if
allowed to continue his career, he will discontinue the use of all herbs.
In support of his request applicant provided a copy of his NGB Form 22,
printouts form the dictionary.com website, and documents associated with
his administrative discharge. His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, a former enlisted member of the Tennessee Air National Guard
(ANG) was notified by his commander on 7 Feb 98, that he was recommending
that he be discharged from the ANG and as a Reserve of the Air Force under
the provisions of AFI 36-3209, paragraph 3.21.3.2. The specific reason for
his action was drug abuse as evidenced by urinalysis testing. He was
discharged on 12 Sep 98 and furnished an Honorable Discharge certificate.
He was credited with 17 years, 6 months, and 20 days total service for pay
and 15 years, 6 months, and 20 days of satisfactory Federal service.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPFP reviewed applicant’s request and recommends denial. DPFP states
that a review of his discharge indicates that he was given the proper board
hearing and rendered judgment per legal authorities, policies, and
regulations applicable to his case. His ineligibility for reenlistment
applies specifically to the ANG and is waiverable by other branches of
service dependent upon their existing enlistment policies. The DPFP
evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4 Jan
02 for review and response 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. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. Evidence has not been provided
in support of his appeal which would lead us to believe that a change to
his reenlistment eligibility is warranted. We took notice of his complete
submission in judging the merits of this case; however, we do not find his
assertions sufficiently persuasive to override the rationale provided by
the Air National Guard. Absent persuasive evidence that the applicant was
denied rights to which he was entitled or that the appropriate standards
were not applied during his discharge processing, we find no compelling
basis to recommend granting the relief sought in this application
_________________________________________________________________
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 Docket Number 01-02635 in
Executive Session on 27 Mar 02, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. James W. Russell III, Member
Mr. Barbara J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Sep 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPFP, dated 12 Dec 01.
Exhibit D. Letter, SAF/MRBR, dated 4 Jan 02.
TERRY A. YONKERS
Panel Chair
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