RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00366
COUNSEL: NONE
XXXXXXXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be reinstated into the Air Force.
2. If reinstatement is not approved, his reentry (RE) code,
separation code, and narrative reason for separation be changed
to allow him to reenter the military.
3. If neither of the first two changes is approved, his
separation code and narrative reason for separation be changed to
not include any characterization of drug use.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The substance Amanita Muscaria Mushroom is not illegal and is not
a controlled substance. His RE code, separation code, and
narrative reason for separation (drug abuse) prohibits him from
enlisting in any other branch of service and makes other
employment difficult/impossible.
The evidence submitted in support of the applicants appeal is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letters prepared by the appropriate offices of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS and DPSOA reviewed this application and recommend
denial. DPSOS states the applicant did not submit any evidence
or identify any errors or injustices that occurred in the
discharge processing. Air Force Instruction 36-3208, paragraph
5.54.1., indicates the term drug includes any controlled
substance in schedules I, II, III, IV, and V of Title 21 United
States Code, Section 812. It also includes anabolic/androgenic
steroids, and any intoxicating substance, other than alcohol,
that is inhaled, injected, consumed, or introduced into the body
in any manner for purposes of altering mood or function. The
applicants discharge was authorized by the governing instruction
and was within the discretion of the discharge authority. DPSOA
states the applicants RE code is driven by his involuntary entry
level separation with an uncharacterized service.
Complete copies of the DPSOS and DPSOA evaluations are at
Exhibits B and C respectively.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 22 November 2010, for review and comment within
30 days. 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, 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 the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
_________________________________________________________________
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-2010-00366 in Executive Session on 6 January 2011,
under the provisions of AFI 36-2603:
XXXXXXXXXXXXXXXXXXXXXXXXX, Vice Chair
XXXXXXXXXXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXXXXXXXXXX, Member
The following documentary evidence was considered for AFBCMR
Docket Number BC-2010-00366:
Exhibit A. DD Form 149, dated 24 Jan 10, w/atchs.
Exhibit B. Letter, AFPC/DPSOS, dated 30 Aug 10.
Exhibit C. Letter, AFPC/DPSOA, dated 8 Oct 10.
Exhibit D. Letter, AFBCMR, dated 22 Nov 10.
XXXXXXXXXXXXXXXXXXXXX
Vice Chair
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