ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01011
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that his improper discharge
never took place and he be allowed to return to the service.
________________________________________________________________
APPLICANT CONTENDS THAT:
While the AFBCMR previously corrected his record to reflect that
on 31 Jan 07, he was discharged with a reenlistment eligibility
factor of eligible rather than ineligible, he is still
unable to reenlist. Because of his original erroneous discharge
for drug abuse and the incomplete correction to his record, his
career has been ruined through no fault of his own.
________________________________________________________________
RESUME OF CASE:
On 30 Jan 10, the Board considered the applicants original
request that his discharge from the Tennessee Air National Guard
(ANG) be set aside and that he be reinstated. He contended that
he should not have been discharged for drug abuse because he
unknowingly ingested an illegal substance while working as a
police officer in a civilian capacity. The Board found the
applicant had raised sufficient doubt regarding the original
finding that he purposefully ingested an illegal substance and
determined that he should have the chance to be considered for
reenlistment with the Tennessee ANG or another Guard or Reserve
unit. For an accounting of the facts and circumstances
surrounding the applicants original request and the rationale
of the earlier decision by the Board, see the Record of
Proceedings (ROP) at Exhibit B.
By virtue of a DD Form 149, dated 2 Mar 12, the applicant now
requests that his record be corrected to reflect his discharge
never occurred, contending that despite the Boards previous
determination that he should be eligible to be considered for
reenlistment, he is still precluded from doing so because the
noted correction to his record did not have its intended effect
and, as a result, he is stuck in a situation where his career is
ruined through no fault of his own, but he cannot fix the
mistake.
The applicants complete submission, with attachment, is at
Exhibit C.
________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate
the applicant is the victim of an error or injustice. The
applicant contends the Boards previous action in his case did
not have the intended effect of making him eligible for
reenlistment. After a thorough review of the evidence of record
and the applicants complete submission, we believe that further
corrective action is warranted. In this respect, we note that
while the Board found the applicant should have the opportunity
to be considered for reenlistment because he had raised
sufficient doubt to undermine the basis for the contested
action, the original remedy, changing his reenlistment
eligibility factor from ineligible to eligible, did not, by
itself, constitute full and fitting relief. In this respect, we
note that his NGB Form 22, National Guard Bureau Report of
Separation and Record of Service, still reflects that he was
furnished a General (Under Honorable Conditions) discharge for
misconduct and was issued a corresponding separation program
designator (SPD) code that renders him ineligible to be
considered for reenlistment. Therefore, in view of the fact
that we previously determined the applicant should be eligible
to pursue reenlistment, provided he is otherwise qualified, and
noting that his service characterization, authority and reason
for separation, and SPD code were based solely on the accusation
that he had purposefully ingested an illegal substance, we
believe the applicants records should be corrected as indicated
below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to reflect that on
31 January 2007, he was honorably discharged, with an authority
and reason for separation of Secretarial Authority and a
separation program designator (SPD) code of KFF.
________________________________________________________________
The following members of the Board considered the applicants
request for reconsideration of AFBCMR Docket Number
BC-2009-01011 in Executive Session on 7 Feb 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following additional documentary evidence was considered:
Exhibit B. Record of Proceedings, dated 21 Jul 10,
w/atch.
Exhibit C. DD Form 149, dated 2 Mar 12, w/atchs.
Panel Chair
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