AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00479
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be
upgraded to “Honorable.”
2. His Reenlistment (RE) code be changed from 2G, which denotes
“Participating in Substance Abuse Reorientation and Treatment
program for drugs, or has failed to complete reorientation,” to
an RE code of 1, which denotes “Reenlistment Eligible.”
3. His narrative reason for separation be changed from
“Misconduct-Drug Abuse,” to “Convenience of the Government.”
________________________________________________________________
APPLICANT CONTENDS THAT:
It has been almost 27 years since his separation and this is his
second attempt to upgrade his discharge.
He made a terrible mistake and has paid the price for 27 years.
His punishment was too harsh and much worse than most people
received for the same offense.
He has been a good citizen and has never been in trouble of any
kind and does not use drugs.
He has been married for over 22 years and has a son in college.
He was 21 years old and immature and made a terrible decision.
He is praying for a second chance.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty; DD Form 4/l, Enlistment/Reenlistment Document – Armed
Forces of the United States; Standard Form 88, Report of Medical
Examination, Medical and Dental History, Letters of support from
his wife, and a clinical psychologist, and a personal statement.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 8 Mar 1983, the applicant enlisted in the Regular Air Force.
On 15 Apr 1985, his commander notified him that he was
recommending he be discharged under the provisions of AFR 39-10,
Administrative Separation of Airmen. The specific reason for
this action was his abuse of drugs as evidenced by a urine
specimen he submitted on 20 Feb 1985 which subsequently tested
positive for the presence of THC, the active ingredient in
marijuana, for which he received non-judicial punishment on
4 Apr 1985.
On 15 Apr 1985, the applicant acknowledged receipt of the
discharge notification and provided statements from himself and
his supervisor.
On 23 Apr 1985, the Staff Judge Advocate (SJA) found the
discharge legally sufficient.
On 26 Apr 1985, the applicant was discharged from the Air Force,
with a general (under honorable conditions) discharge and a RE
code of “2G,” “Participating in Substance Abuse Reorientation
and Treatment program for drugs, or has failed to complete
reorientation.” He served 2 years, 1 month, and 19 days of
total active service.
A check of Federal Bureau of Investigation (FBI) files revealed
no negative information (Exhibit C). On 19 Jun 2012, a request
for post-service information was forwarded to the applicant for
review and comment within 30 days (Exhibit D). The applicant
responded on 26 Jun 2012 and provided copies of his résumé,
college degree, offer of employment letter, and his drug screen
results.
His complete response, with attachments, is at Exhibit E.
________________________________________________________________
AIR FORCE EVALUATION:
DPSOS recommends denial of the applicant’s request to change his
character of service, separation code and narrative reason for
separation. DPSOS states based on the documentation on file in
his master personnel records, the discharge was consistent with
the procedural and substantive requirements of the discharge
instruction and was within the discretion of the discharge
authority. He did not submit any evidence or identify any
errors or injustices in the discharge processing.
The characterization of the discharge the applicant received
should not be changed. AFR 39-10 states, “Airmen who abuse
drugs one or more times are subject to discharge for
misconduct.” The regulation defines drug abuse as “illegal,
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wrongful, or improper use, possession, sale, transfer, or
introduction onto a military installation of any drug.” While
retention of first term-first time drug abusers is sometimes
appropriate, it is done only when the airman’s overall record is
so meritorious it would be in the best interest of the Air Force
to retain the individual. The applicant was counseled and
disciplined for other failures to adhere to Air Force standards.
His record was not so meritorious as to make a general discharge
clearly inappropriate.
The complete DPSOS evaluation is at Exhibit F.
HQ AFPC/DPSOA recommends denial of the applicant's request for a
change of RE code. DPSOA states the applicant was separated for
Misconduct-Drug Abuse with a general (under honorable
conditions) character of service. He received a RE code of 2G.
However, upon being approved for involuntary discharge his RE
code should have been changed to 2B, which denotes, “Approved
Involuntary Separation with Less Than Honorable Discharge.”
RE code 2B is the correct RE code. If the Board upgrades the
applicant’s character of service to honorable his RE code would
automatically change to 2C, which denotes "Involuntarily
separated under AFR 39-10 with an honorable discharge."
Additionally, if the RE codes 2B, and 2C were bypassed, the next
RE code that would apply to applicant would be 2G. DPSOA will
provide the applicant a corrected copy of his DD Form 214 with
an RE code of 2B, unless otherwise directed by the Board.
The complete DPSOA evaluation is at Exhibit G.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He is disheartened and fails to understand how he can be labeled
a drug abuser after one failed urinalysis in 1985. It appears
that the decision is already made and this is just a formality.
He vehemently asserts that he is not a drug abuser. He has been
married for 22 years and has a 21 year old son in college. He
has also received a college degree. He has never been in
trouble with the law, owns two homes and pays his bills on time.
He asserts that he does not take drugs and never did abuse
drugs. He made an enormous, one time mistake in 1985. He
cannot change the past. He admitted to that mistake and paid
for it and asks the Board to consider an upgrade to his
discharge.
His complete response, with attachments, is at Exhibit I.
________________________________________________________________
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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; to include his response to the Air Force evaluations,
however, we find no evidence of an error or injustice that
occurred in the discharge processing. Based on the available
evidence of record, it appears the discharge was consistent with
the substantive requirements of the discharge regulation and
within the commander's discretionary authority. The applicant
has provided no evidence which would lead us to believe the
characterization of the service was contrary to the provisions
of the governing regulation, unduly harsh, or disproportionate
to the offense committed. In the interest of justice, we
considered upgrading the discharge and changing the narrative
reason for separation based on clemency; however, we do not find
the evidence presented is sufficient to compel us to recommend
granting the relief sought on that basis. Since the applicant
was separated with a general (under honorable conditions)
discharge, we agree with DPSOA’s recommendation that his RE code
should be changed to 2B to accurately reflect the type of
separation he received. Aside from the administrative
correction noted above and in the absence of evidence to the
contrary, we find no basis upon which to recommend granting
further relief.
________________________________________________________________
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 2 Aug 2012 and 21 Aug 2012, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
4
The following documentary evidence was considered in AFBCMR BC-
2012-00479:
Exhibit A. DD Form 149, dated 12 Jan 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 23 May 2012.
Exhibit D. Letter, AFBCMR, dated 19 Jun 2012.
Exhibit E. Letter, Applicant, dated 26 Jun 2012, w/atch.
Exhibit F. Letter, AFPC/DPSOS, dated 9 Apr 2012.
Exhibit G. Letter, AFPC/DPSOA, dated 30 Apr 2012.
Exhibit H. Letter, SAF/MRBR, 11 May 2012.
Exhibit I. Letter, Applicant, 18 May 2012, w/atchs.
Panel Chair
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