RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00341
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2B, Separated with a general, or under
other than honorable conditions (UOTHC) discharge, be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge should be changed due to the lack of sufficient
evidence. He was wrongly accused by other individuals of using
and distributing marijuana. These individuals also tested
positive for drug use, while his test was found to be negative
for drug use. His commander delayed taking his case to a court-
martial proceeding due to lack of evidence, then subsequently
changed her mind and decided to file court-martial charges
against him several months later.
In support of the appeal, the applicant submits copies of a
Report of Investigation (ROI), his DD Form 214, Certificate of
Release or Discharge from Active Duty, and four letters of
support.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman
basic on 22 May 07 for a term of four years. on 1 Jun 10, he was
notified by his commander of her intent to refer court-martial
charges against him for wrongful use of marijuana, for wrongfully
distributing marijuana, for wrongful use of Percocet, a Schedule
II controlled substance, and for wrongfully introducing an
unknown quantity of marijuana onto an installation used by the
armed forces or under control of the armed forces with the intent
to distribute the controlled substance. The applicant submitted
a request for discharge in lieu of trial by court-martial. His
commander recommended that his request for discharge in lieu of
trial by court-martial be approved and that he be discharged with
a UOTHC discharge.
The case was reviewed by the base legal office and found to be
legally sufficient to support discharge. The discharge authority
approved the separation and directed he be discharged with a
UOTHC discharge.
He was separated from the Air Force on 9 Jul 10, under the
provisions of AFI 36-3208, Administrative Separation of Airmen,
for discharge in lieu of trial by court-martial. He received a
UOTHC discharge and a RE code of 2B. He served a total of 3
years, 1 month, and 18 days of active service.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATIONS:
AFPC/DPSOS recommends denial. DPSOS states that based on
documentation on file in the master personnel records, the
discharge to include the narrative reason for separation, was
appropriately administered and within the discretion of the
discharge authority.
According to DPSOS, on 8 Jun 10, the applicant requested he be
discharged from the Air Force in accordance with AFI 36-3208,
Chapter 4, In Lieu of Trial by Court-Martial. He faced two
charges of wrongful use of marijuana, wrongful distributing
marijuana, wrongful use of Percocet, a Schedule II controlled
substance, and wrongfully introducing an unknown quantity of
marijuana onto an installation used by the armed forces. In his
request for separation in lieu of trial by court-martial, the
applicant acknowledged he could be separated with a UOTHC
discharge characterization. He was afforded the opportunity to
consult with counsel and advised of the possible consequences of
a UOTHC discharge.
The complete AFPC/DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states the RE code 2B is
required per AFI 36-2606, Reenlistments in the USAF, Chapter 3,
based on his involuntary discharge with a UOTHC character of
service. The applicant states the record is unjust because of
the lack of evidence. However, on 10 May 11, AFPC/DPSOS
validated the applicant's discharge processing, to include his
character of service, and recommended denial.
The complete AFPC/DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to the
applicant on 17 Jun 11, for review and comment within 30 days.
As of this date, no response has been received by this
office (Exhibit E).
_________________________________________________________________
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. 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 (OPR) 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 is notified the evidence presented did not
demonstrate the existence of material 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-2011-00341 in Executive Session on 7 Sep 11, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 10 May 11.
Exhibit D. Letter, AFPC/DPSOA, dated 25 May 11.
Exhibit E. Letter, SAF/MRBR, dated 17 Jun 11.
Panel Chair
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