RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02875
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His narrative reason for separation (Misconduct/Drug Abuse)
and separation code (JKK) be removed from his record.
2. His reentry (RE) code of 2C which denotes Involuntary
separation with an honorable discharge, or entry level
separation without characterization of service be changed to
one that would allow him to reenlist in the military.
________________________________________________________________
APPLICANT CONTENDS THAT:
He could be an asset to the Air Force or other services if he
did not have the aforementioned separation status. He is
ashamed of the separation status and it limits his ability to
serve his country.
He is a registered nurse in the emergency department at St.
Lukes Hospital and has been clean and sober for many years. He
is married, has raised a family, and has been a law abiding
citizen. He follows a 12-step spiritual program and part of the
program is to make amends for his past mistakes. He was young
when he was accused of smoking marijuana on two occasions. He
was never caught with any drugs and was never accused of being
intoxicated on the job.
In support of his request, the applicant provides copies of his
DD Forms 214, Certificate of Release or Discharge from Active
Duty, his DD Form 293, Application for the Review of Discharge
from the Armed Forces of the United States, numerous letters of
recommendation, a membership certificate from the Missouri
Addiction Counselors Association, and a certificate from the
Missouri Substance Abuse Counselors Certification board
recognizing him as a Associate Substance Abuse Counselor.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 30 May 79, the applicant enlisted in the regular Air Force
and was progressively promoted to the grade of airman first
class.
On 16 Sep 82, the applicant was notified by the Director,
Personnel/Administrative Services, that he was recommending his
discharge from the Air Force for misconduct (specifically for
drug abuse). The reason for the proposed action was he received
Article 15 punishment for wrongfully using marijuana on or about
(o/a) 20 May 79 and o/a June 82.
On 16 Sep 82, the applicant acknowledged receipt of the
notification of discharge.
On 12 Oct 82, the base legal office found the case legally
sufficient to support the separation, and on 14 Oct 82, the
discharge authority directed a DD Form 256AF, Honorable
Discharge Certificate, be issued to the applicant.
On 19 Oct 82, the applicant was discharged by reason of
misconduct (drug abuse), and issued a RE code of 2C. He served
on active duty for a period of 3 years, 4 months, and 20 days.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibits C and D.
________________________________________________________________
THE AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states the applicant's
record shows he was counseled numerous times: 1) for two
dishonored checks; 2) receiving a traffic ticket; and 3) leaving
bay orderly duties early. On 7 Jun 82 in a statement to the
Office of Special Investigations (OSI), a lieutenant stated he
smoked marijuana with the applicant. On 14 Jun 82 a sergeant
provided a statement to the OSI that he used marijuana at his
house which was provided by the applicant.
DPSOS states that based on the applicants overall performance,
the discharge authority approved an honorable discharge.
According to AFI 36-3208, Administrative Separation of Airman,
an honorable discharge is appropriate when the quality of the
airmans service generally has met Air Force standards of
acceptable conduct and performance of duty or when a members
service is otherwise so meritorious that any other
characterization would be inappropriate.
DPSOS states that based on the documentation on file in the
master personnel records, the discharge, to include the service
characterization, was consistent with the procedural and
substantive requirements of the discharge instruction and was
within the discretion of the discharge authority. The applicant
provided no evidence of an error or injustice in the processing
of his discharge.
The complete DPSOS evaluation is at Exhibit C.
HQ AFPC/DPSOA recommends denial. DPSOA states based on his
involuntary discharge with an honorable character of service,
the applicants RE code (2C) is required per AFI 36-2606, Reenlistment in the United States Air Force.
DPOSA states the applicant did not provide any proof of an error
or injustice in reference to the RE code.
The complete DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 16 Dec 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 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 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 and adopt their rationale as the basis for our
conclusion that 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 this application
in Executive Session on 28 Feb 12, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-02875:
Exhibit A. DD Form 149, dated 25 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit B. Letter, AFPC/DPSOE, dated 3 Nov 11.
Exhibit C. Letter, AFPC/DPSOA, dated 6 Dec 11.
Exhibit C. Letter, SAF/MRBR, dated 16 Dec 11.
Panel Chair
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