RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
02704
                                             INDEX  CODE:   100.00,
110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  03 MARCH 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to 1J so that  he
can reenlist in the United States Air Force Reserve (USAFR).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214, Certificate of Release or  Discharge  from  Active
Duty, has been upgraded to an honorable discharge by the Air  Force
Discharge Review Board (AFDRB), but his RE code was  not  upgraded.
He never received the Reserve Order issuing the  under  other  than
honorable conditions discharge.  He discovered it in his records in
August 2002.

In support of  his  appeal,  applicant  submitted  a  copy  of  the
decision on his appeal to the AFDRB.

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

___________________________________________________________________

STATEMENT OF FACTS:

Prior to the period of service under review, the  applicant  served
in the Regular Air Force from 3 Jan 86 to 2 Dec  91,  and  the  Air
Force Reserve from 7 Mar 92 until 11 Jun 93.

He reenlisted in the Air Force Reserve on 12 Jun 93, for  a  period
of six years.

On 18 Nov 94, the applicant was informed his urine specimen from  a
23 Oct 94 random drug  inspection  showed  a  positive  result  for
cocaine.

On 21 Nov 94, the group commander notified the  applicant  that  he
was recommending he be discharged from the Air Force Reserve due to
his positive results on a random drug inspection given  on  23  Oct
94.  He was denied further participation for pay and points pending
the  final  outcome  of  the  discharge  action.    The   applicant
acknowledged receipt of the discharge notification.

Applicant was discharged on  6  Jun  95,  in  the  grade  of  staff
sergeant, under  the  provisions  of  AFI  36-3209,  by  reason  of
Misconduct, Commission of a Serious  Offense  –  Drug  Abuse,  with
service characterized as under other than honorable conditions.  He
was issued a Reenlistment Eligibility Status of  “Ineligible.”   He
served a total of 9 years, 8 months, and 1 day,  with  6  years,  5
months, and 18 days being active service (includes all  periods  of
service).

On 12 Dec 04, applicant applied to the Air Force  Discharge  Review
Board (AFDRB) requesting his under other than honorable  conditions
discharge be upgraded to an honorable discharge.  After  review  of
the evidence of record, the AFDRB  upgraded  applicant’s  discharge
from an under other  than  honorable  conditions  discharge  to  an
honorable discharge on 20 May 05.  The Board  did  not  change  the
reason and authority for discharge or the reenlistment  eligibility
status.

The applicant’s records were administratively corrected on  19  Aug
05 to reflect an honorable discharge.

Examiner’s Note:  Members  of  the  Air  Force  Reserve  receive  a
Reenlistment   Eligibility   Status   of   either   “Eligible”   or
“Ineligible.”  Also members discharged from the Air  Force  Reserve
receive a Special Order rather than a DD Form 214 as  a  record  of
their discharge.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/DPM reviewed this application and recommended denial.  They
stated, in part, that  members  of  the  United  States  Air  Force
Reserve, who are discharged based on drug abuse, are  not  eligible
for reenlistment.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a personal letter  stating  he  made  a  foolish
mistake  experimenting  with  an   illegal   substance   during   a
challenging time in his life.  It happened over ten years ago,  and
he has regretted this mistake every day since.  He  started  a  new
career, has a new family,  and  has  stayed  out  of  trouble.   He
learned from his mistake, and hopes he will not have to pay for  it
the rest of his life by being banned from serving his country.

Applicant’s complete response is at Exhibit F.

In response to the Board staff’s invitation to provide  information
regarding his post-service activities, applicant provided copies of
letters of character reference and a list of  issues  he  submitted
with his appeal to the AFDRB.  (Exhibit G)

___________________________________________________________________

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 note that  the
Air Force Discharge Review Board upgraded the  characterization  of
his discharge  to  honorable  based  on  his  discharge  not  being
consistent with the procedural and substantive requirements of  the
discharge regulation; i.e., the  applicant  not  being  offered  an
administrative discharge board.  However, in view of the basis  for
his discharge, specifically his positive urinalysis for cocaine, we
are not persuaded that the reenlistment eligibility  status  should
be changed.  Therefore, based on the available evidence of  record,
and in the absence of evidence to the contrary, we  find  no  basis
upon  which  to  favorably  consider  his  request  to  change  his
reenlistment eligibility.

___________________________________________________________________

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 Docket Number BC-2005-
02704 in Executive Session on 2 November 2005, under the provisions
of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Mr. Joseph D. Yount, Member
      Ms. Jean A. Reynolds, Member





The following documentary evidence was considered:


    Exhibit A.  DD Form 149, dated 22 Aug 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/DPM, dated 13 Sep 05.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Sep 05.
    Exhibit E.  Letter, AFBCMR, dated 27 Sep 05.
    Exhibit F.  Letter, Applicant, dated 3 Oct 05.
    Exhibit G.  Letters of character reference.




                                   JOHN B. HENNESSEY
                                   Panel Chair