RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04045
		COUNSEL:  NONE
		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

1.  His discharge be upgraded from general (under honorable 
conditions) to honorable.

2.  His Reentry (RE) code “2B,” which denotes "Approved 
Involuntary Separation with Less Than Honorable Discharge,” be 
changed to allow him to enter into another component or branch 
of service.

3.  His narrative reason for separation and the corresponding 
separation code be changed from JKK, which denotes “Misconduct 
(Drug Abuse)” to JKN, which denotes “Misconduct (Minor 
Infractions).”


APPLICANT CONTENDS THAT:

He was discharged for admitting that he used a generic substance 
called “spice."  The Staff Judge Advocate (SJA) told his mother 
that he was called in for questioning because he fit the 
description of another airman they were looking for.  Although 
they learned that he was not that person, investigators asked 
him if he had ever used “spice” and he answered "yes."  He did 
not want an attorney present because he was not aware the 
interrogation was intended for him.  He did not fail a drug 
test, “spice” was not found on his person, his car or his dorm 
room.  He is not a drug abuser.

He was racially profiled and discharged when the entire matter 
was not even about him in the first place.  Had he not fit the 
profile of another airman he would have never been called in for 
questioning and would still be in the Air Force today.  He is 
truly sorry for any shame he brought upon the Air Force, his 
family, and himself.  He is only 22 years old and does not want 
to suffer the effects of this discharge for the rest of his life 
and implores the Board to grant his request

In support of his request, the applicant provides a personal 
statement, copies of his DD Form 214, Certificate of Release or 
Discharge from Active Duty; urinalysis results, AF IMT 1364, 
Consent for Search and Seizure; electronic communiqués, Enlisted 
Performance Reports, memorandums and various other documents 
associated with his request.

His complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

On 20 January 2009, the applicant enlisted in the Regular Air 
Force.

On 5 May 2011, his commander notified him he was recommending 
his discharge from the Air Force under the provisions of AFPD 
36-32, Military Retirements and Separations, and AFI 36-3208, 
Administrative Separation of Airmen.  The specific reasons for 
his action were: 

    Between on or about 1 December 2009, and on or about 
31 December 2009, he failed to obey a lawful order, by 
wrongfully entering an “Off-Limits Establishment.”
    
    On divers occasions, between on or about l December 2009, and 
on or about 8 June 2010, he wrongfully and knowingly used an 
intoxicating substance, commonly referred to as "spice," with 
the intent to become intoxicated or alter his mood or function.

    Between on or about 9 June 2010, and on or about 31 December 
2010, he again wrongfully and knowingly used "spice," with the 
intent to become intoxicated or alter his mood or function.

    As a result of the aforementioned misconduct listed above, 
the applicant received a Record of Nonjudicial Punishment, dated 
4 April 2011.

On 5 May 2011, he acknowledged receipt of the discharge 
notification and submitted statements in his own behalf.

On 19 May 2011, the discharge authority approved the 
administrative discharge and determined the applicant’s service 
should be characterized as general (under honorable conditions).

In an undated letter, the Staff Judge Advocate found the 
discharge legally sufficient.

On 26 May 2011, he was discharged from the Air Force, with 
service characterized as general (under honorable conditions).  
His narrative reason for separation is “Misconduct (Drug 
Abuse).”  He served two years, four months, and seven days of 
total active service.

On 11 July 2011, the applicant submitted a request to the Air 
Force Discharge Review Board (AFDRB) for an upgrade to his 
discharge.

On 5 December 2012, the AFDRB concluded that the discharge was 
consistent with the procedural and substantive requirements of 
the discharge regulation and was within the discretion of the 
discharge authority.  
On 23 January 2014, the applicant was notified that the AFDRB 
considered his application and concluded a change in the type or 
nature of his discharge was not warranted and his application 
was denied.


THE AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  Based on his overall performance, 
the discharge authority approved a general (under honorable 
conditions) discharge.  According to AFI 36-3208, paragraph 
1.18.2, a general discharge is appropriate when "significant 
negative aspects of the airman's conduct or performance of duty 
outweighs positive aspects of the airman's military record."  
His misconduct in this case clearly outweighed the positive 
aspects of his service.  His 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 provide any evidence of an 
error or injustice that occurred in the discharge processing.

The complete DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends denial of the applicant’s request to 
change his RE code.  The RE code of 2B is required per AFI 36-
2606, Reenlistments in the USAF, based on his involuntary 
discharge with general (under honorable conditions) character of 
service.

The complete DPSOA evaluation is at Exhibit D.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 10 January 2014, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by this 
office (Exhibit E).




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 to warrant 
upgrading his general (under honorable conditions) discharge to 
honorable or to change his RE code.  We took notice of the 
applicant's complete submission in judging the merits of the 
case; however, we agree with the opinions and recommendations of 
the Air Force offices of primary responsibility and adopt their 
rationale as the basis for our conclusion 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 portion of his 
application.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or an 
injustice to warrant changing his narrative reason for separation 
as requested.  We note that the discharge actions taken against 
the applicant were in accordance with the applicable 
instructions.  However, given the applicant’s age at the time 
coupled with the fact that he voluntarily cooperated with law 
enforcement officials without counsel to advise him of his 
rights; it is our opinion that partial relief is warranted.  
While we do not condone the applicant’s behavior which led to his 
discharge, we recognize the adverse impact of the applicant’s 
narrative reason for discharge.  Although it may have been 
appropriate at the time, we believe it would be an injustice for 
the applicant to continue to suffer its effects.  Therefore, we 
believe that corrective action is appropriate on the basis of 
clemency and recommend his narrative reason for separation be 
changed to reflect “Misconduct (Minor Infractions).”  
Accordingly, we recommend that his records be corrected to the 
extent indicated below. 


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that on 
26 May 2011, he was separated under the provisions of AFI 36-
3208, paragraph 5.49, with a separation code of JKN, which 
denotes “Misconduct (Minor Infractions).”


The following members of the Board considered this application 
in Executive Session on 26 June 2014, under the provisions of 
AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the record as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04045 was considered:

    Exhibit A.  DD Form 149, dated 22 August 2013, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOR, 28 October 2013.
    Exhibit D.  Letter, AFPC/DPSOA, 6 December 2013.
    Exhibit E.  Letter, SAF/MRBR, dated 10 January 2014.