RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02635
		INDEX CODE:  100.03, 100.06
		COUNSEL:  NONE

		HEARING DESIRED:  NO 

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APPLICANT REQUESTS THAT:

His reenlistment eligibility status reflected on his NGB Form 22, National Guard Bureau, Report of Separation and Record of Service, be changed to reflect eligible, vice ineligible. 
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APPLICANT CONTENDS THAT:

He received an honorable discharge but is ineligible to reenlist.  By definition, his ineligibility to reenlist is in conflict with an honorable discharge.  He was honorably discharged for involuntary drug use (herbs-homeopathic medicine).  He wasn’t aware of the drug features of herbs, if allowed to continue his career, he will discontinue the use of all herbs.

In support of his request applicant provided a copy of his NGB Form 22, printouts form the dictionary.com website, and documents associated with his administrative discharge.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant, a former enlisted member of the Tennessee Air National Guard (ANG) was notified by his commander on 7 Feb 98, that he was recommending that he be discharged from the ANG and as a Reserve of the Air Force under the provisions of AFI 36-3209, paragraph 3.21.3.2.  The specific reason for his action was drug abuse as evidenced by urinalysis testing.  He was discharged on 12 Sep 98 and furnished an Honorable Discharge certificate.  He was credited with 17 years, 6 months, and 20 days total service for pay and 15 years, 6 months, and 20 days of satisfactory Federal service.

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AIR FORCE EVALUATION:

ANG/DPFP reviewed applicant’s request and recommends denial.  DPFP states that a review of his discharge indicates that he was given the proper board hearing and rendered judgment per legal authorities, policies, and regulations applicable to his case.  His ineligibility for reenlistment applies specifically to the ANG and is waiverable by other branches of service dependent upon their existing enlistment policies.  The DPFP 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 the applicant on 4 Jan 02 for review and response within 30 days.  As of this date, this office has received no response.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  Evidence has not been provided in support of his appeal which would lead us to believe that a change to his reenlistment eligibility is warranted.  We took notice of his complete submission in judging the merits of this case; however, we do not find his assertions sufficiently persuasive to override the rationale provided by the Air National Guard.  Absent persuasive evidence that the applicant was denied rights to which he was entitled or that the appropriate standards were not applied during his discharge processing, we find no compelling basis to recommend granting the relief sought in this application 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered Docket Number 01-02635 in Executive Session on 27 Mar 02, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Sep 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPFP, dated 12 Dec 01.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jan 02.