RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01412
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation (Drug Abuse Rehabilitation failure),
his separation code (JPC), and his reentry code of 2G (Identified as a drug
abuser according to AFR 30-2, and has not completed Phase V of Drug
Rehabilitation Treatment Program) be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The statements on his DD Form 214, Certificate of Release or Discharge from
Active Duty, in reference to the reason for his discharge are false. The
reason why he was discharged was because he exposed forgery by several high-
level officers during drug testing.
In support of his request, the applicant provided documents extracted from
his military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 15 April 1981 in the grade
of airman basic. He was progressively promoted to the grade of airman
first class having assumed that grade effective and with a date of rank of
15 April 1982.
On 21 October 1982, the applicant was notified by his commander of his
intent to recommend that he be discharged from the Air Force under the
provisions of AFR 39-10, section F, paragraph 5-31a(2b). The specific
reasons for this action were on 13 May 1982, the applicant submitted a
urine specimen which tested positive for marijuana. On 28 June 1982, he
was entered into the Drug Surveillance Program. On 5 October 1982, he was
entered into local rehabilitation for drugs, but on 9 October 1982 he
declined to accept rehabilitation.
He was advised of his rights in this matter and acknowledged receipt of the
notification. After consulting with counsel the applicant elected not to
submit statements on his own behalf. In a legal review of the case file,
the staff judge advocate found the case legally sufficient and recommended
discharge. On 5 November 1982, the discharge authority concurred with the
recommendations and directed an honorable discharge. The applicant was
discharged on 10 November 1982. He served 1 year, 6 months and 25 days on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states based on the documentation on
file in the master personnel records, the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and 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. He provided no facts warranting a change to his
discharge.
The complete DPSOS evaluation, with attachment, is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states the applicant was provided an
opportunity to complete the local rehabilitation program, but declined. As
such, the RE code assigned is correct.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant for
review and comment within 30 days (Exhibit E). As of this date, this
office has received no response.
_________________________________________________________________
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 an error or injustice. After a thorough review of the
evidence of record, it is our opinion that given the circumstances
surrounding his separation from the Air Force, the narrative reason for
separation, separation code and reentry code assigned were proper and in
compliance with the appropriate instructions. Therefore, we agree with the
opinions and recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of either an error or injustice.
In the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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-2008-
01412 in Executive Session on 24 September 2008, under the provisions of
AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Kurt R. LaFrance, Member
Ms. Debra K. Walker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 April 2008, w/atchs.
Exhibit B. Applicant's Master Personnel Record.
Exhibit C. Letter, AFPC/DPSOS, dated 17 July 2008, w/atch.
Exhibit D. Letter, AFPC/DPSOA, dated 24 July 2008.
Exhibit E. Letter, SAF/MRBR, dated 22 August 2008.
CHARLENE M. BRADLEY
Panel Chair
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