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AF | BCMR | CY2013 | BC 2013 00957
Original file (BC 2013 00957.txt) Auto-classification: Denied
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 Nation’s 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 applicant’s 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 
commander’s 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 applicant’s 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 applicant’s 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 AFDRB’s recommendation that the 
applicant’s 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





3

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