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 applicants 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 applicants 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 applicants 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 applicants behavior which led to his
discharge, we recognize the adverse impact of the applicants
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.
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