DOCKET NUMBER: BC-2012-00326
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was transferred to the retired
reserve on 18 Nov 11 rather than being honorably discharged for
drug abuse.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was wrongly accused of a positive urinalysis for cocaine and
was honorably separated after 20 years of exemplary service. He
applied to be placed in the retired reserve, but his request was
denied.
The wrongful urinalysis happened in 2008; however, he was not
discharged until nearly three years later.
In support of his appeal, the applicant provides copies of a
notice of administrative discharge letter, a letter of
administrative discharge from the discharge authority, and his
under honorable conditions discharge order.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant began his military service on 16 Nov 87. After
serving for approximately 11 years on active duty, he transferred
to the Air Force Reserve in 1999.
On 5 Jun 08, he provided a urine sample as part of a random drug
test which tested positive for cocaine at a level of 1,948 ng/mL.
The DOD cutoff is 100 ng/mL.
On 23 Feb 09, the applicant received his Notification of
Eligibility for Retired Pay at age 60 (20-year letter). This
letter does not constitute transfer to the Reserve Retired List
(RRL) but only notifies the applicant of his eligibility to
received retired pay at age 60.
1
On 9 Mar 09, the applicant applied to the Secretary of the Air
Force (SECAF) for permission to transfer to the Retired Reserve.
SECAF denied his request on 16 Jul 09. Said denial does not make
the applicant ineligible for retired pay at age 60, it only
prohibits him from applying for transfer to the RRL.
On 11 and 14 Apr 11, an administrative discharge board (ADB) was
convened to determine whether or not the applicant should be
discharged for drug abuse. The ADB found the applicant did
wrongly use cocaine and recommended he be discharged with a
general (under honorable conditions) discharge for drug abuse.
On 14 Oct 11, the ADB’s decision and recommendation were found to
be legally sufficient. AFRC/JA recommended the applicant be
discharged for drug abuse with a general (under honorable
conditions) characterization of service without the possibility of
Probation & Rehabilitation (P & R).
On 6 Dec 11, the applicant was furnished a general (under
honorable conditions) discharge for Misconduct, Commission of a
Serious Offense, Drug Abuse.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K recommends denial. A1K notes the applicant’s discharge
from the USAFR was in compliance with Air Force Instruction 36-
3209, Separation and Retirement Procedures for Air National Guard
and Air Force Reserve Members. He was discharged for Misconduct,
Commission of a serious offense: Drug Abuse.
A1K’s complete 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 27 Mar 12 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation of
2
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. While the evidence of
record indicates the applicant’s administrative discharge
proceedings were completed some three years after the offense in
question, we are not convinced that said delay served to deprive
the applicant of rights to which he was entitled or somehow makes
his discharge for drug abuse inappropriate to the circumstances.
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 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-2012-00326 in Executive Session on 19 Jul 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Dec 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/A1K, dated 9 Mar 12.
Exhibit D. Letter, SAF/MRBR, dated 27 Mar 12.
Chair
Chair
Member
Member
3
AF | BCMR | CY2011 | BC-2011-00436
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00436 COUNSEL: NONE HEARING DESIRED: NO _______________________________________________________________ APPLICANT REQUESTS THAT: Her rank of master sergeant (E-7) be reinstated with her original date of rank of 1 January 2008. The discharge board that convened on 27 January 2011 found the applicant did not wrongfully use marijuana and recommended she be retained in the Air Force...
AF | BCMR | CY2013 | BC 2013 02836
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02836 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. The applicant requested an extension to her MSD to allow her the opportunity to complete 20 years of satisfactory service for retirement. In this respect, we note the applicant timely requested an extension of her 31 Dec 12 MSD in Mar 12;...
AF | BCMR | CY2009 | BC-2009-00728
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00728 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His records be corrected to reflect his entitlement to pay and points for the period he was denied participation. ________________________________________________________________ THE AIR FORCE EVALUATION: HQ AFRC/A1K recommends the applicant be...
AF | BCMR | CY2013 | BC-2013-01354
A1Y states that the applicant did not apply for the transfer of benefits via the Transfer of Education Benefits (TEB) system and there is no application on file. ________________________________________________________________ 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...
AF | BCMR | CY2010 | BC-2010-03472
It was recommended she be allowed to retire on her established retirement date of 19 Aug 09. e. On 14 Sep 09, AFRC/A1 notified the RMG that since the applicant is currently retired that she would need to file for incapacitation pay with the AFBCMR. The complete AFRC/SG evaluation is at Exhibit H. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: AFRC/JA and AFRC/SG did not and are not practicing due diligence with regard...
AF | BCMR | CY2009 | BC-2009-00162
The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the BCMR Medical Consultant at Exhibit E. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/SG recommends denial of the applicant's request and states that he was deemed medically disqualified for world-wide active military service due to chronic pain in his shoulder. Air Force Regulation (AFR) 35-41,...
AF | BCMR | CY2010 | BC-2010-03998
The complete AFRC/A1K evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he was not provided the necessary information regarding the transfer of benefits to a dependent prior to his retirement. While we note the steps the Air Force office of primary responsibility indicates were taken to inform eligible personnel of this new benefit, it appears that through no fault of the applicant,...
AF | BCMR | CY2013 | BC 2013 02153
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial, indicating there is no evidence of an error or injustice. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number...
AF | BCMR | CY2007 | BC 2007 03724
He tested positive for marijuana use and received a General, Under Honorable Conditions (UHC) discharge after appearing before an Administrative Discharge Board (ADB). However, by the time the actions related to his case were completed, the applicant had served over 20 years of active service and was entitled to request an active duty length of service retirement. The AFRBA Legal Advisor opines that SAFPC should have considered whether to grant the applicant an active duty length of...
AF | BCMR | CY2013 | BC 2013 02444
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are included at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSOR recommends the applicants record be corrected to reflect he requested and received a reserve commission and transferred to the IRR when he separated from active duty. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. ARPC/DPA recommends approval,...