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AF | BCMR | CY2005 | BC-2005-00406
Original file (BC-2005-00406.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00406
            INDEX CODE:  100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  24 AUGUST 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

Her narrative reason for separation, “drug  abuse”  be  changed  to
“trainee discharge  program”  and  her  separation  code  “JKK”  be
changed.

It appears  the  applicant  is  also  requesting  her  reenlistment
eligibility (RE)  code  of  2C  (Involuntarily  separated  with  an
honorable   discharge;   or    entry-level    separation    without
characterization of service) be changed to a code which will  allow
her to enlist in the US Army.

___________________________________________________________________

APPLICANT CONTENDS THAT:

She made the biggest mistake of her life by getting kicked  out  of
the Air Force and is paying for her mistakes.  She went in the  Air
Force right out of high school and was naïve.  In tech school,  she
was hanging around the wrong people.  She hurt her knee, and didn’t
want to get it checked for fear of getting  eliminated,  just  five
days prior to graduating from ten and one-half weeks  of  training.
She knew someone with Vikodins (sic) and was offered some.  She was
not aware it was a controlled-substance and took it for the pain.

She is asking for a second chance to do it right  and  has  learned
from her mistakes.  She has been working  full-time  and  has  even
applied to school for criminology.

In support of her appeal, applicant submitted a personal statement;
her DD Form 214, Certificate of Release or  Discharge  from  Active
Duty, dated 5 Mar 04; a copy of her Student  Training  Report,  and
the notification memorandum for her discharge, dated 26 Feb 04.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________



STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  26  Aug  03  for  a
period of four years.

On 26 Feb  04,  the  squadron  commander  initiated  administrative
discharge action against the applicant for drug abuse.   The  basis
for the proposed discharge action was that: on 12 Feb 04, applicant
received nonjudicial punishment for  wrongfully  using  vicodin,  a
schedule II controlled substance, between on or about 1 Nov 03  and
31 Dec 03.  Her punishment consisted of a forfeiture of $278,  five
days of extra duty and a reprimand.

On that same date, applicant acknowledged receipt of the  discharge
notification and waived her right to consult counsel and to  submit
statements in her own behalf.  On 1  Mar  04,  the  Chief,  Adverse
Actions found the case file legally sufficient and recommended  she
be  separated  with  an  entry-level  separation.   The   discharge
authority  approved  the  entry-level   separation   with   service
uncharacterized.

The applicant received an uncharacterized entry-level separation on
5 Mar 04, by reason of “Drug Abuse,” and was issued an RE  code  of
2C.  She was credited with 6 months and  10  days  of  active  duty
service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
documentation in the file, they found the discharge consistent with
the  substantive  requirements   of   the   discharge   regulation.
Additionally, the  discharge  was  within  the  discretion  of  the
discharge authority.  Applicant’s narrative reason  for  separation
(drug abuse) and reenlistment eligibility code  (2C)  are  correct.
They also noted applicant  did  not  submit  any  new  evidence  or
identify any errors or injustices that occurred  in  the  discharge
processing and provided no other facts warranting a change  to  her
narrative reason for separation or RE code.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states she knows there was no error  or  nothing  in  the
form of an injustice, but still requests her records  be  corrected
(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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  After a  thorough  review  of
the evidence of record, applicant’s  discharge  appears  to  be  in
compliance with the governing instruction and we find  no  evidence
to indicate that the discharge was inappropriate or that the stated
reason  for  discharge  and  corresponding  separation   code   and
reenlistment   eligibility   code   are   in   error   or   unjust.
Nevertheless,  we  believe   there   may   have   been   mitigating
circumstances surrounding the applicant’s discharge warranting some
form of relief.  The applicant stated  she  hurt  her  knee  during
training but did not seek treatment for fear  of  being  eliminated
from the training course she was so near  to  finishing.   Instead,
she accepted prescription drug medication from a friend to ease the
pain.  We do not condone the applicant’s behavior.  However,  given
her age and inexperience as a military member, we believe this  may
have been a lapse in judgment rather  than  deliberate  misconduct.
Based on the foregoing, we believe any doubt should be resolved  in
the applicant’s favor and  that  she  should  be  afforded  another
opportunity to serve.   Therefore,  it  is  our  opinion  that  the
narrative reason for separation should be changed  to  “Secretarial
Authority,” with the corresponding separation code, and her RE code
of 2C should be changed to 3K.  RE code 3K is a code  that  can  be
waived for prior service  enlistment  consideration,  provided  she
meets all other requirements for enlistment under an existing prior
service  program,  and  based  on  the  needs   of   the   service.
Accordingly, we  recommend  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 on  5 March  2004,
she received an entry level separation under the provisions of  AFI
36-3208, paragraph 1.2, (Secretarial  Authority),  with  Separation
Program Designator (SPD) code “JFF”  and  Reenlistment  Eligibility
(RE) code “3K.”

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-00406 in Executive Session on  28  April  2005,  under  the
provisions of AFI 36-2603:



      Mr. Michael E. Gallogly, Panel Chair
      Mr. Charlie E. Williams Jr., Member
      Mr. Gregory A. Parker, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 Feb 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 1 Mar 05.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Mar 05.
     Exhibit E.  Letter, Applicant, undated.




                                   MICHAEL E. GALLOGLY
                                   Panel Chair



AFBCMR BC-2005-00406




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 XXXXXXX, XXXXXXX, be corrected to show that on
5 March 2004, she received an entry level separation under the
provisions of AFI 36-3208, paragraph 1.2, (Secretarial Authority),
with Separation Program Designator (SPD) code “JFF” and
Reenlistment Eligibility (RE) code “3K.”






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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