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AF | BCMR | CY2006 | BC-2004-02295-2
Original file (BC-2004-02295-2.doc) Auto-classification: Approved

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02295-2
            INDEX CODE:  110.00

            COUNSEL: COLLEEN & KELLEHER
                          OBRIEN

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the  applicant’s  request  for  reconsideration,  he  requests  that  his
general (under honorable conditions) discharge be upgraded to  an  honorable
discharge, narrative reason for separation be changed to reflect  completion
of enlistment, reenlistment eligibility (RE) code  and  separation  code  be
changed to allow reenlistment, or reinstatement to active duty.

_________________________________________________________________

STATEMENT OF FACTS:

In an application to the Board dated 1 April 2004, the  applicant  requested
that he be reinstated  to  active  duty  or  his  general  (under  honorable
conditions) discharge be upgraded to an honorable discharge.

On 21  October  2004,  the  Board  considered  and  denied  the  applicant’s
request.   A  complete  copy  of  the  Record  of  Proceedings  (ROP),  with
attachments, is at Exhibit E.

In his most recent  submission,  the  applicant  states  that  he  has  been
unjustly discharged from the Air Force  based  on  false  rumors  and  false
statements alleging that he used marijuana.  He  was  coerced  by  OSI  into
admitting to the use, and that other involved parties –  both  military  and
civilian have now come forward to corroborate the coercion.  Two drug  tests
proved that he did not engage in marijuana use.   His  complete  submission,
with attachments, is at Exhibit F.

_________________________________________________________________

FINDINGS AND CONCLUSIONS OF THE BOARD:

1.  After again reviewing the  evidence  submitted  with  this  appeal,  the
Board majority is not persuaded the applicant's request  warrants  favorable
consideration.  The Board majority believes  that  the  evidence  of  record
supports the decision of the responsible officials who  applied  appropriate
standards in effecting  the  applicant’s  separation.   The  Board  majority
finds no evidence of error in this case and after thoroughly  reviewing  the
documentation that has been submitted in support of  his  appeal,  does  not
believe he has suffered from an injustice.  Therefore,  in  the  absence  of
evidence to the contrary, the majority of  the  Board  finds  no  compelling
basis to recommend granting the relief sought.

2.  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 issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

DECISION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
02295-2 in Executive Session on 4 October 2006, under the provisions of  AFI
36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Michael J. Novel, Member
                 Ms. Kathleen Graham, Member

By a majority vote, the Board recommended denial of  the  application.   Ms.
Graham voted to grant the applicant’s request, but does not wish  to  submit
a Minority Report.  The following documentary evidence was considered:

   Exhibit E.  Record of Proceedings, dated 29 Oct 04, w/atchs.
   Exhibit F.  DD Form 149, dated 11 Jan 06, w/atchs.





                                RICHARD A. PETERSON
                                Panel Chair




AFBCMR BC-2004-00295





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                       CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of ANTHONY A. POPPICK

      I have carefully reviewed the circumstances of this case and do not
agree with the majority of the panel members that the applicant's requests
should be denied in their entirety.

      I agree with the Board majority that the evidence presented by the
applicant is not sufficient to demonstrate that an error exists in his
discharge processing warranting reinstatement to active duty or correction
of his reenlistment eligibility code to a code that would permit
reenlistment in the Air Force.  However, I do believe that under the
particular circumstances of this case, continuing to characterize his
service as general (under honorable conditions) would be unjust.  I am not
persuaded by the applicant's allegations of coercion or that the
allegations against him are completely false.  I do believe, however, that
a reasonable doubt has been established as to whether or not the
characterization of his service as general accurately reflects his service
while in the Air Force.  I am not unmindful of the Air Force's position
regarding this matter; nevertheless, taking into consideration his overall
record of performance prior to the allegations of drug abuse and
considering the unequivocal support he has received, I believe it serves no
useful purpose to the Air Force or to society in general for the applicant
to continue to suffer the adverse impacts of a general discharge.
Therefore, on the basis of clemency, I direct his records be corrected to
reflect he was discharged with an honorable characterization of service.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency



AFBCMR BC-2004-02295-2




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 APPLICANT, be corrected to show that on 14 January 2004, he  was
honorably discharged under the provisions  of  AFI  36-3208,  paragraph  1.2
(Secretarial Authority) with a separation code of  JFF  and  a  reenlistment
eligibility (RE) code of 2B.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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