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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not made aware of the “Drug Abuse” part of his discharge and
that he thought that his general discharge would automatically be
upgraded six months after his discharge.
His submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Air National Guard (ANG) on
19 May 1998 with 7 years prior service. He enlisted as a Staff
Sergeant (SSgt/E-5) with a date of rank of 19 May 1998.
On 10 September 2000, the applicant participated in the ANG Random
Urinalysis Program. His sample returned positive for Marijuana. On 2
October 2000, the applicant received notification that he was being
recommended for discharge due to drug abuse. He received a general
discharge with service characterization of under honorable conditions
under the provisions of AFI 36-3209, Drug Abuse. He waived his right
to an administrative discharge board and declined military and
civilian counsel. He had served a total of 2 years, 4 months and 27
days and was serving in the grade of SSgt at the time of discharge.
His Reenlistment Eligibility (RE) was listed as Ineligible.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ANG/DPFP recommends denial of relief. DPFP disputes the
applicant’s contention that he did not know he was being discharged
for drug abuse by stating that the applicant signed the discharge
paperwork from his commander that plainly states the reason for the
discharge. DPFP addresses applicant’s contention that he was under
the impression that his discharge would be automatically upgraded
after 6 months by stating that there is no record from the South
Caroline ANG (SC ANG) that supports his contention.
DPFP’s evaluation, with attachments (discharge record), is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant appreciates the attention given to his request. He
takes responsibility for his actions and does not blame the SC ANG.
He asks the board to please consider his Army record along with the SC
ANG record of service and notes that his was an isolated offense that
can be blamed on his total lack of paying attention to detail. He
feel’s permanently labeled as a drug abuser and throws him self at the
mercy of the court (sic). In an attached letter, the applicant notes
his remorse and points out the feelings of humiliation and degradation
he has endured since testing positive for marijuana. He regrets
letting his coworkers smoke marijuana around him and notes that had he
disallowed it he would probably be in the Middle East somewhere
attached to an Army Reserve medical unit. He feels absolutely
miserable and anxiously awaits the Boards decision.
His appeal is at Exhibit E.
_________________________________________________________________
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 error or injustice. 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 office of primary responsibility and adopt their
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice and that his discharge was
just and proper under the circumstances. While the Board took note of
the applicant's contention that he was advised his discharge would
automatically be upgraded six months after his discharge, we can find
no documentation to support his contention. Therefore, in the absence
of evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 AFBCMR Docket Number BC-
2002-03074 in Executive Session on 20 May 2003, under the provisions
of AFI 36-2603:
Mr John L. Robuck, Panel Chair
Mr. Billy C. Baxter, Member
Mr. Kenneth Dumm, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Sep 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ANG/DPFP, dated 19 Nov 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 7 Mar 03.
Exhibit E. Letter, Applicant, dated 13 Mar 03.
JOHN L. ROBUCK
Panel Chair
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