RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04167
COUNSEL:
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His separation from the Air National Guard (ANG) be removed
from his record; and, he be reinstated in the Air National
Guard.
2. His debt to the Department of Defense and Accounting Service
(DFAS) be remitted.
3. As an alternative, he requests his general (under honorable
conditions) discharge be upgraded to honorable and his reentry
code be changed to allow him reentry in the ANG.
________________________________________________________________
APPLICANT CONTENDS THAT:
His commander had a duty to comply with Air Force regulations
and failed to do so. As such, the applicant was erroneously
separated from the Air National Guard and incurred a debt for
his reenlistment bonus. He was denied his right to counsel and
other matters and he was not provided the supporting
documentation on which the discharge was based. Although the
applicant drafted a statement for his commander; it was not
acknowledged.
The applicant also contends there was chain of custody issues
with the sample he provided. Between September 2008 and
December 2009, the applicant participated in three separate
random urinalysis and each test demonstrated he was not using
illegal drugs. He requests the Board correct the error and
remove the injustice.
In support of his appeal, the applicants attorney provides a
legal brief, copies of his Master Personnel Records and other
supporting documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was a member of the Pennsylvania Air National
Guard (PA ANG) from 28 July 2006 until 10 June 2009.
On 1 April 2009, he was notified of his commanders intent to
discharge him from the Air National Guard due to drug use.
Specifically, the applicant tested positive for THC (Marijuana).
The applicant acknowledged receipt of his commanders intent on
15 April 2009. On 11 May 2009, the discharge package was found
legally sufficient. On 6 June 2009, the Adjutant General
approved his discharge from the PA ANG for the reason of drug
abuse. His service was characterized as general.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/JA states the applicants Letter of Notification was legally
insufficient.
The complete JA evaluation is at Exhibit C.
NGB/A1POE recommends relief of the erroneous discharge. A1POE
states the commander failed to follow the correct procedures as
outlined in AFI 36-3209, by informing the applicant that he did
not have the right to consult counsel. Additionally, the
notification letter is incorrectly formatted and fails to inform
the member of additional rights associated within the same
paragraph.
The complete A1POE evaluation is at Exhibit D.
NGB/A1PS concurs with A1POE, the subject matter expert, and
recommends relief be granted.
The complete A1PS evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicants attorney responded to the NGB evaluation and
concurs with the recommendation that the erroneous discharge be
relieved. However, he believes the advisories do not grant
meaningful enough relief to the applicant. Should the
application be granted, the applicant should be allowed to
rejoin the Pennsylvania Air National Guard and should be allowed
to do so free from the stigma of this incident.
The applicants complete response is at Exhibit F.
________________________________________________________________
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 an error or injustice. The Air
Force offices of primary responsibility have confirmed that the
applicant was not provided all the rights to which he was
entitled during the discharge process; therefore, we recommend
relief be granted. While this Board is without authority to
direct reinstatement of a member into the Air National Guard, we
recommend the applicants record be corrected to the extent
indicated below.
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 pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that:
a. On 10 June 2009 he was honorably separated under the
provisions of AFI 36-3209, paragraph 3.23 (Secretarial
Authority) with a separation code of JFF and a reenlistment
eligibility (RE) code of 3K.
b. On 10 June 2009, he applied for remission of the debt
arising from the unearned portion of the selective reenlistment
bonus he received in conjunction with his 28 July 2006
enlistment, and his request was approved by competent authority.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-04167 in Executive Session on 20 October 2011,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record, as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-04167 was considered:
Exhibit A. DD Form 149, dated 27 Oct 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. E-mail, NGB/JA, dated 9 May 11.
Exhibit D. Letter, NGB/A1POE, dated 1 Jun 11.
Exhibit E. Letter, NGB/A1PS, dated 2 Jun 11.
Exhibit F. Applicants response, dated 6 Jul 11.
Panel Chair
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