RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01445
            INDEX CODE: 110.00

      XXXXXXX    COUNSEL: AMERICAN LEGION

      XXXXXXX    HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE: 3 NOVEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation and Reenlistment Eligibility  (RE)  code
be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not believe misconduct is a fair reason. An RE code of 2C will
not allow him to reenlist in any military service.

In support of his  application,  applicant  submits  a  DD  Form  293,
Application for the Review of Discharge or Dismissal  from  the  Armed
Forces of the United States, a personal letter, a  school  transcript,
letters from Social Security Administration, and  a  letter  from  The
American Legion.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
29 August 2000. He was progressively promoted to the grade  of  senior
airman.

On 13 November 2003, applicant's commander recommended discharge  from
the Air Force due to misconduct -  drug  abuse.   The  basis  for  the
commander’s recommendation was that on or about 1 March  2003  and  31
March 2003, applicant wrongfully used marijuana.

The applicant acknowledged receipt of the  notification  of  discharge
and after consulting with legal counsel submitted  statements  in  his
own behalf. The base legal office  reviewed  the  case  and  found  it
legally sufficient to support separation and recommended applicant  be
discharged with  a  general  (under  honorable  conditions)  discharge
without probation and rehabilitation.

On 17 December 2003, the applicant was discharged under the provisions
of AFI 36-3208, Administrative Separation of Airmen (misconduct - drug
abuse), with  an  RE  code  of  2C  and  a  general  (under  honorable
conditions) discharge. He served 3 years, 3  months  and  19  days  of
total active military service.

On 4 November 2004, the  Air  Force  Discharge  Review  Board  (AFDRB)
upgraded the  applicant’s  discharge  from  general  (under  honorable
conditions) to honorable;  however,  the  AFDRB  did  not  change  the
narrative reason nor the RE code.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and, based on the documentation on  file
in  the  master  personnel  records,  concludes  the   discharge   was
consistent with the procedural and  substantive  requirements  of  the
discharge regulation.  The discharge was within the discretion of  the
discharge authority; the applicant did  not  submit  any  evidence  or
identify any errors or  injustices  that  occurred  in  the  discharge
processing and he  provided  no  facts  warranting  a  change  to  his
character of service.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s counsel reviewed the Air Force evaluation and stated  that
the convening authority justification for the  decision  to  initially
discharge the applicant was due to evidence of drug use.  The rational
for the discharge was rebuffed by the AFDRB decisional document.

It is evident that the applicant was associated with others  who  used
drugs, however, he consistently stated he refused to  use  drugs.  The
discharge authority relied on the association of  the  applicant  with
others who were charged with drug use on the 3rd of March 2002. It  is
evident also that his association with other airmen who used drugs was
by chance and not by intent.

The evidence submitted to the Board involves several  factors  related
to the present disposition of the applicant.  He  is  responsible  for
the care of his father and his sister.  As he resides with his  father
and his father is under Social Security  benefits  due  to  disability
caused by a stroke, he is the  head  of  his  household.  The  present
reason  and  re  code  prevent  the  applicant  from  gaining   useful
employment in his field of study or in the field of  security  due  to
the loss of his security clearance.

A change to the reason and present reenlistment code will  enable  the
applicant to qualify for improved employment  opportunities.  For  the
reasons  stated,  the  American  Legion   supports   the   applicant’s
application for a change of  his  discharge  reason  and  reenlistment
code.

Applicant’s counselor  complete  response,  with  attachments,  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.  Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice.  After noting the findings of  the
Discharge Review  Board  (DRB)  and  their  decision  to  upgrade  the
applicant's discharge to honorable, the Board believes  he  should  be
provided another opportunity to serve in the military. After reviewing
the applicant’s records and noting his contentions, the  Board  is  of
the opinion the narrative reason for separation  and  his  current  RE
code are somewhat harsh.  In this respect, the RE code does not  allow
him to pursue his desire to continue his military  career.  Therefore,
in view of his overall service, the Board recommends  his  records  be
corrected as indicated below.  Whether or not he  is  successful  will
depend on the needs of the service and our recommendation  in  no  way
guarantees that he will be allowed to return to the Air Force  or  any
branch of service; this will simply  afford  him  the  opportunity  to
apply for a waiver to enlist in the armed services.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 17 December 2003 he
was separated under the  provisions  of  AFI  36-3208,  paragraph  1.2
(Secretarial Authority) with a reenlistment eligibility (RE)  code  of
3K and a separation code of JFF.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-01445 in Executive Session on 19 July 2005, under the  provisions
of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Mr. Richard K. Hartley, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 12 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 20 May 05.
      Exhibit E.  Letter, Applicant’s Counsel, dated 27 May 05.




                                   JOHN B. HENNESSEY
                                   Panel Chair




BC-2005-01445




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 17 December 2003
he was separated under the provisions of AFI 36-3208, paragraph 1.2
(Secretarial Authority) with a reenlistment eligibility (RE) code of 3K and
a separation code of JFF.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency