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AF | BCMR | CY2012 | BC-2012-00326
Original file (BC-2012-00326.pdf) Auto-classification: Denied
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. 
 

 

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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 

 

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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 

 

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