RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01594
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
Her Reenlistment Eligibility (RE) code of 6H (Drug Abuse) be
changed to a 1 so she can reenlist.
________________________________________________________________
APPLICANT CONTENDS THAT:
She never did drugs while she was serving in the Air National
Guard (ANG), but failed a drug test. She was willing to retest
on the spot, but was not allowed. The test was a false
positive.
In support of her request, the applicant provides an expanded
statement.
The applicants complete submission, including the attachment,
is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate she enlisted
in the ANG on 21 Feb 07 in the grade of airman first class (E-3)
for a period of six years.
On 27 Sep 08, the applicants commander notified her of his
intent to recommend her discharge from the ANG for drug abuse.
The specific reason for the action was that the urine specimen
she submitted on 24 Aug 08 tested positive for marijuana. She
acknowledged receipt on 27 Sep 08. The case file was found to
be legally sufficient on 2 Nov 08 and the applicant was
furnished a General (Under Honorable Conditions) discharge on
21 Nov 08. She was credited with one year, nine months, and one
day of total reserve service.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1POE recommends denial, indicating there is no evidence of
an error or injustice. The applicant failed to provide any
documentary evidence that describes the circumstances
surrounding her separation or supports her assertions.
A complete copy of the NGB/A1POE evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 20 Aug 10 for review and response within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 injustice warranting a
change to the applicants RE code. We took notice of the
applicants complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of
the Air Force office of primary responsibility and adopt its
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 the RE code of 6H, issued in conjunction
with her General (Under Honorable Conditions) discharge, was
erroneously assigned or inaccurately reflected the circumstances
of her separation, we find no basis to recommend granting the
relief sought in this application.
4. The applicants 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-2010-01594 in Executive Session on 4 Nov 10, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1POE, dated 9 Aug 10.
Exhibit D. Letter, SAF/MRBR, dated 20 Aug 10.
Panel Chair
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