RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01035
		INDEX CODE:  135.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded pay and points for his Unit Training Assemblies (UTAs) for the months of May 2000 through September 2000.

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APPLICANT CONTENDS THAT:

He was placed in a non-pay status and denied participation during administrative discharge proceedings.  The discharge action was terminated on 20 November 2000 and he has been allowed to return to duty.

In support of his appeal, the applicant provided documentation pertaining to the termination of his discharge and copies of his member activity reports.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Directorate of Personnel Program Management, ARPC/DPP, reviewed this application and recommended denial.  DPP noted that on 5 May 2000, the applicant was placed in a non-participation status pending administrative discharge proceedings.  While in this status, his inactive duty training orders were rescinded for May 5, 6 and the months of June, July, August and September 2000. According to Air Force Manual 36-8001, Table 1.2., Note 3, a commander/program manager has the authority to excuse or deny a member to take part in pay or point gaining activities if the member is being processed for involuntary separation action.  The administrative discharge action was terminated on 20 November 2000, and the applicant was retained in the United States Air Force Reserve.  In DPP’s view, the commander exercised his authority to deny pay or point gaining activities during the administrative discharge proceedings.

A complete copy of the DPP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 29 June 2001 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice.  After a thorough review of the facts and circumstances of this case, a majority of the Board believes corrective action is warranted.  The evidence of record indicates that the applicant’s commander initiated administrative discharge proceedings against him after he tested positive for marijuana.  As a result, the applicant’s inactive duty training orders were rescinded.  However, the discharge action was terminated after a determination was made that the positive urinalysis was caused by hemp oil, of which he had no knowledge, rather than the wrongful use of marijuana.  The applicant was retained in the Air Force Reserve.  The majority recognizes that the commander had the authority to deny the applicant participation in pay or point gaining activities because he was being processed for involuntary separation action.  Notwithstanding this, in light of the fact that the applicant was exonerated of the alleged misconduct which resulted in the discharge action, the majority believes it is in the interest of justice to grant him the requested relief.  Accordingly, a majority of the Board recommends that the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was credited with 20 paid inactive duty points for participation in Unit Training Assemblies during the months of May 2000 through September 2000.

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The following members of the Board considered this application in Executive Session on 8 Aug 01, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

By majority vote, the Board voted to correct the records, as recommended.  Ms. voted to deny applicant's request but did not wish to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPP, dated 29 Jun 01.
     Exhibit D.  Letter, SAF/MIBR, dated 6 Jul 01.

                                   
                                   Panel Chair

AFBCMR 01-01035

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected to show that he was credited with 20 paid inactive duty points for participation in Unit Training Assemblies during the months of May 2000 through September 2000.

                                                                           
                                                                           Director
                                                                           Air Force Review Boards Agency