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AF | BCMR | CY2002 | 0102635
Original file (0102635.DOC) Auto-classification: Denied

                            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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