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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