RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00957
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
1. His Reentry Code be changed from 2B (Discharged Under
General or Other than Honorable Conditions) to 2C (Involuntary
Discharge with Honorable Discharge). (Corrected by the Air
Force Discharge Review Board (AFDRB)).
2. His separation code JKK (Drug Use) and narrative reason
for separation of Misconduct-Drug Abuse be changed so he can
reenter the military.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He has learned from his mistakes and would do anything to become
a part of this Nations great military again. Since his
characterization of discharge was changed by the AFDRB from
General (Under Honorable Conditions) to Honorable, his narrative
reason for separation should be changed also.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 14 February 2011, the applicant received an Article 15 for
wrongfully smoking Spice on diverse occasions between on or
about 15 April 2010 and on or about 14 April 2010, in violation
of General Order Number 1, paragraph 4, Order Prohibiting the
Use of Spice and Salvia Divinorum, dated 1 December 2009; and,
for violation of wrongfully smoking Spice on diverse occasions
between on or about 15 April 2010 and on or about 28 July 2010,
in violation of lawful general order, to wit, General Order
Prohibiting the Use and Possession of Salvia and Spice, dated
15 April 2010. He received punishment consisting of a reprimand
and reduction in grade to airman (E-2), with a new date of rank
of 14 February 2011.
On 28 February 2011, the applicant was notified of his
commanders intent to recommend him for a general (under
honorable conditions) discharge due to misconduct based on drug
abuse. As a result, he was released from active duty with a
general discharge effective 8 March 2011, after serving 1 year,
8 months, and 20 days on active duty. His DD Form 214,
Certificate of Release or Discharge from Active Duty, reflects a
separation code of JKK (Drug Use) and a narrative reason for
separation of Misconduct - Drug Abuse.
On 26 July 2012 the AFDRB concluded that the overall quality of
the applicants service was more accurately reflected by an
Honorable Discharge, but the reason and authority for discharge
should remain unchanged. His DD Form 214 was corrected to
reflect an honorable discharge.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denying the applicants request to change
his separation code and narrative reason for separation. DPSOR
states based on the documentation on file in the 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. The applicant did not submit any evidence or
identify any errors or injustices in the discharge processing.
Their office concurs with the AFDRBs recommendation that the
applicants narrative reason for separation should remain
unchanged.
The DPSOR 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 7 August 2013, for review and comment within 30
days (Exhibit E). As of this date, this office has received no
response.
________________________________________________________________
_
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 the Air Force office of primary responsibility and adopt its
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 AFBCMR Docket
Number BC-2013-00957 in Executive Session on 14 November 2013,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2013-00957:
Exhibit A. DD Form 149, dated 5 Feb 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 25 Jun 13.
Exhibit E. Letter, SAF/MRBR, dated 7 Aug 13.
Panel Chair
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