RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00419
            INDEX CODE:  100.03, 100.06

            COUNSEL:  NONE

            HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  13 AUG 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

The AF Form 418,  Selective  Reenlistment  Program  Consideration,  dated  8
August 2005, be removed from her records and  her  Reenlistment  Eligibility
(RE) code be changed to allow her to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was recommended for reenlistment by her commander on 11 April  2005  and
her  commander  did  not  follow  correct  procedures  to  then   deny   her
reenlistment on 8 August 2005.

In support of her request, the applicant submitted a personal  statement,  a
copy of AF Form 418, a Memorandum of Record (MFR) from her Branch Chief, OC-
ALC Form 296, Flextime Sign/Out Sheet for Time and Attendance, a  series  of
emails, two AF Form 3535, Facsimile Electro Mail Transmittal and a  copy  of
a Selective Retention Process Memorandum.

Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air  Force  Reserves  (AFRes)  on  18 February
1994, in the grade of airman basic and was  progressively  promoted  to  the
grade of technical sergeant.  On 12 August 1999,  she  reenlistment  in  the
AFRes on 12 August 1999,  for  a  period  of  six  years,  establishing  her
Expiration Term of Service (ETS) date as 11 August 2005.

On 11 April 2005, she was recommended for re-enlistment under the  Selective
Retention Process (SRP).  On that same date, her commander selected her  for
reenlistment.  On 29 April 2005, she acknowledged  her  intent  to  reenlist
and that she understood she would  receive  a  reenlistment  package  within
three months of her ETS.

Applicant’s group  commander  notified  the  Air  Force  Office  of  Special
Investigation (AFOSI) that he  had  received  copies  of  a  deposition  the
applicant had given  as  part  of  her  divorce  proceedings  in  which  she
admitted to multiple uses of marijuana  and  cocaine.   AFOSI  reviewed  the
transcripts of a 24 November 2004 hearing that revealed  the  applicant  had
testified in court to  using  marijuana  in  July  2004,  possessing  it  in
October 2004, and using cocaine.

She received a Referral Enlisted Performance Report on 21  May  2005,  which
was finalized and submitted to record without change on 7 July 2005.

On 13 July 2005, the  applicant’s  supervisor  did  not  recommend  her  for
reenlistment, indicating that his bases for the action was  the  applicant’s
admitted illegal drug use and referral Enlisted  Performance  Report  (EPR).
On 8 August 2005, her commander did not  select  her  for  reenlistment  and
indicated the applicant was  on  leave  until  after  her  enlistment  would
expire and was unavailable for signature.

Applicant was in a leave status during the period from 9  through  11 August
2005.

She was separated on 11 August 2005, after completion of service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPAFER  recommends  extending  the  applicant’s  enlistment  since  her
commander failed to notify her of her non-selection for reenlistment on  the
date he indicated she was on leave.  As a result, she  was  not  advised  of
her rights and was denied an opportunity to extend her enlistment to  appeal
the non-recommendation for reenlistment.

DPAFER states that they received an SRP letter signed by her  supervisor  on
11 April 2005, recommending  her  for  reenlistment.   However,  two  months
later, she was non-selected for reenlistment by her supervisor, due  to  her
admission of illegal drug  use  while  employed  at  Tinker  AFB,  OK.   The
applicant’s commander claims she was on leave and unavailable for  signature
and she would not return until after her enlistment expired.  A copy  of  an
OC-ALC Form 2978 shows that she was not on leave on the  date  indicated  by
her commander.  Her Branch Chief signed a Memorandum  for  Record  (MFR)  on
17 August 2005, supporting her leave schedule.

A complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The Air Force failed to act upon information they obtained  and  then  tried
to cover things up by denying her reenlistment after her separation date.

In further support of the appeal, the applicant submits a copy of the  AFOSI
Summary of Investigation.

Applicant’s complete response, with attachment, 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 error or  injustice  to  warrant  retroactively  extending  the
applicant’s 12 August 1999 reenlistment to provide  her  an  opportunity  to
appeal her nonselection for reenlistment.  In this respect, we note that  on
11 April 2005, the applicant was selected for reenlistment  under  the  SRP.
However, prior to her  reenlistment,  it  was  brought  to  her  commander’s
attention that she  had  admitted  to  illegal  drug  use  in  a  deposition
rendered during her divorce proceedings.  The  commander  in  turn  provided
this information to  the  AFOSI,  who  initiated  an  investigation  of  the
allegations.   The  AFOSI  investigation  found  that  transcripts  from   a
24 November 2004 hearing  held  in  Oklahoma  District  Court  revealed  the
applicant testified in court to using marijuana in July 2004, possessing  it
in October 2004, and use  of  cocaine.   In  view  of  these  findings,  the
commander did not select  her  for  reenlistment.   However,  he  failed  to
notify her of the decision and did not advise  her  of  her  appeal  rights,
instead indicating that she was on leave until after her enlistment  expired
and was unavailable for signature.  Based on the email traffic  provided  by
the applicant, it appears that attempts were made  to  retroactively  extend
her enlistment until 30 September 2005 - a period of 50 days,  so  that  she
could appeal the commander’s decision;  however,  ultimately  this  did  not
occur and she was separated prior to  appealing  the  commander’s  decision.
The applicant also provides an OC-ALC Form 296, Flextime Sign/Out Sheet  for
Time and Attendance, and an MFR from her Branch Chief, indicating  that  she
was not in a leave status from her  Department  of  Defense  (DoD)  civilian
position on the date the commander denied her reenlistment.  In view of  the
above, we find the commander failed to properly notify the applicant of  his
decision to deny her reenlistment under the SRP, and  in  so  doing,  denied
her appeal rights to which she was entitled.  Therefore,  we  recommend  the
applicant’s records be corrected to the extent indicated below.

4.  Notwithstanding the above, we find the applicant has failed  to  sustain
her burden of establishing that the commander’s decision to not  select  her
for reenlistment under the SRP  was  inappropriate  based  on  her  admitted
illegal drug use.  In view of this finding, there exists no basis for us  to
determine the RE code  assigned  at  the  time  of  her  separation  is  not
accurate, or that the AF IMT 418 should be removed  from  her  records.   It
appears the applicant believes,  in  essence,  that  since  the  August 2005
denial of her reenlistment was improperly processed and given the fact  that
in April 2005 she had been previously selected for reenlistment, she  should
be allowed to reenlist and  that  the  basis  upon  which  the  reenlistment
denial was based, never  occurred.   However,  the  fact  remains  she  used
illegal drugs  during  her  tenure  in  the  Air  Force  Reserve.   This  is
evidenced in her deposition and reaffirmed in her rebuttal to  the  referral
EPR, in which she stated, “I cannot justify my actions, nor  deny  what  any
court transcripts may say…”  As a reservist with 11 years  of  service,  she
should have been well aware that illegal  drug  use  was  inconsistent  with
military service and that such  action  would  carry  serious  consequences.
Furthermore, we believe she is actually fortunate that she  was  allowed  to
complete her term of service, rather  than  face  far  more  serious  action
against  her,  which  at  the  very  least  could  have  resulted   in   her
administrative discharge for misconduct  -  drug  abuse,  with  her  service
characterized as  less  than  honorable.   Moreover,  in  our  opinion,  our
recommended corrective action will provide her full and fitting relief  with
respect to any  errors  or  injustices  that  may  have  resulted  from  the
commander’s failure to properly notify her of the  reenlistment  denial  and
her rights of appeal.  Therefore, we find no basis upon which  to  recommend
favorable consideration of her request to remove the contested  AF  IMT  418
from her records and change her RE code.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on  11  August  2005,  she  was  not
honorably discharged from the Air Force Reserve, but on that  date  she  was
reassigned to the Non-obligated Non-participating  Ready  Personnel  Section
(NNRPS) for a period ending 90 days from the date of the Memorandum for  the
Chief of Staff at the convenience of the Government for the sole purpose  of
appealing her denial of reenlistment.

_________________________________________________________________




The following members of the Board considered AFBCMR Docket Number  BC-2005-
01309 in Executive Session on 7 June 2006, under the provisions of  AFI  36-
2603:

            Mr. Thomas S. Markiewicz, Chair
            Ms. Josephine L. Davis, Member
            Mr. Steven A. Cantrell, Member

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

     Exhibit A.  DD Form 149, dated 6 Feb 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPAFER, dated 9 Mar 06, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 17 Mar 06.
     Exhibit E.  Applicant’s Response, dated 17 May 06, w/atch.




                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC 2006-00419




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 11 August 2005, she was
not honorably discharged from the Air Force Reserve, but on that date she
was reassigned to the Non-obligated Non-participating Ready Personnel
Section (NNRPS) for a period ending 90 days from the date of this
memorandum at the convenience of the Government for the sole purpose of
appealing her denial of reenlistment.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency