RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03864
            INDEX CODES:  A60.00, 100.06

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  16 JUN 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2B (separated with a general
discharge) be changed to “1” and his general discharge be upgraded  to
honorable so that  he  can  be  eligible  to  receive  his  retirement
benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It  was  the  intent  during  both  his  trial  by  court-martial  and
administrative discharge board to permit him to retire.

In support of his appeal, the applicant provided an expanded statement
and copies of his separation document and general court-martial order.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 23 Jul 82.

On 17 Sep 02, he was convicted by general court-martial  for  wrongful
use of cocaine on or about 13 May 02 to on or about 20 May 02.  He was
sentenced to a reduction from the grade of master  sergeant  (E-7)  to
the grade of senior airman (E-4) and confinement for three months.

On 18 Dec 02, the applicant’s  commander  notified  him  that  he  was
recommending the applicant be discharged for drug abuse.   The  reason
for the action was that between on or about 13 May 02 and on or  about
20 May 02, he wrongfully used  cocaine  as  evidenced  by  a  positive
urinalysis test.  As a result, on 17 Sep 02, he was  found  guilty  by
general court-martial of wrongful  use  of  cocaine  in  violation  of
Article 112a of the Uniform Code  of  Military  Justice  (UMCJ).   The
applicant was advised of his rights in the matter and that  a  general
discharge would be recommended.  He was entitled to an  administrative
discharge board and he elected to have his case presented at  a  board
hearing.  On 26  Feb  03,  the  board  convened  and  recommended  the
applicant be discharged for  drug  abuse  with  a  general  discharge.
Since the applicant was retirement eligible, the governing instruction
required that he be given an opportunity to apply for retirement.   On
4 Mar 03, the applicant submitted his retirement application.

On 14 May 03, the  office  of  the  Staff  Judge  Advocate  found  the
discharge case file was legally sufficient and recommended approval of
the board’s recommendation to discharge the applicant for  drug  abuse
with a general discharge.

On 19 May 03, the discharge authority approved  the  discharge  action
and directed the applicant be given a general discharge.

On 24 Jun 03, HQ ACC/DP recommended the applicant  be  discharged  and
not allowed to retire.

On 1 Jul  03,  the  Secretary  of  the  Air  Force  Personnel  Council
(SAF/MRBP) considered the applicant’s  case  regarding  retirement  in
lieu of administrative discharge and recommended denial.

On 11  Aug  03,  the  Secretary  of  the  Air  Force  disapproved  the
applicant’s application for retirement indicating that  retirement  at
that time was not in the best interest of the Air Force.

On 27 Aug 03, the applicant was discharged under the provisions of AFI
36-3208 (Misconduct) in the grade of senior  airman  and  furnished  a
general discharge.  He was assigned an RE code of 2B.  He was credited
with 20 years, 11 months, and 2 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends   denial   indicating   that   based   on   the
documentation in the applicant’s records, the discharge was consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation, and was within the discretion of the discharge  authority.
He 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 general discharge or RE code.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.

AFPC/DPPRRP recommends denial indicating the applicant has  failed  to
identify any additional facts or circumstances indicating that  he  is
entitled to retirement under 10 USC 8914.

A complete copy of the AFPC/DPPRRP evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  16
Feb 07 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit E).

A copy of the memorandum from SAF/MRBP, with attachments, was provided
to applicant on 21 Sep 07 for review and response within 30 days.   As
of this date, no response has been received by  this  office  (Exhibit
F).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  The evidence of record  reflects
the applicant’s commander initiated discharge action against him after
his conviction by general court-martial for wrongful use  of  cocaine.
Because he was entitled  to  an  administrative  discharge  board,  he
elected to have his case presented at  a  board  hearing.   The  board
recommended the applicant be  discharged  with  a  general  discharge,
which was approved by the discharge authority.  As he  was  retirement
eligible, the applicant  submitted  his  application  for  retirement.
SAF/MRBP considered his case regarding retirement in lieu of discharge
and recommended denial, which was approved by the Secretary of the Air
Force.  As a result, the applicant was given a general  discharge  and
assigned an RE code of 2B.  No evidence has been presented which would
lead us to believe the applicant’s discharge was improper or  contrary
to the governing instruction under which it was effected; or, that the
RE code was inappropriately assigned and  inaccurately  reflected  the
circumstances of his separation.  In view of the foregoing, and in the
absence  of  evidence  the  applicant's  rights  were  violated,   the
information used as a basis for the discharge case file was erroneous,
or that there was an abuse of  discretionary  authority,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

4.  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.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2006-03864 in Executive Session on 25 Oct 07, under the provisions  of
AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Ms. Karen A. Holloman, Member
      Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Dec 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 10 Jan 07.
    Exhibit D.  Letter, AFPC/DPPRRP, dated 23 Jan 07.
    Exhibit E.  Letter, SAF/MRBR, dated 16 Feb 07.
    Exhibit F.  Letter, AFBCMR, dated 21 Sep 07, w/atchs.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair