RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-01261

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable (application, dated 29 March 2003).

His Reenlistment Eligibility (RE) code of 2B be changed to 3A (application, dated 16 June 2003).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The discharge was inequitable because it was based on one isolated incident during his 24 months of service.

The applicant states that he had no other adverse actions taken against him.  His life as a civilian before and after his enlistment also reflects no history of drug abuse or criminal activity.  He was discharged as a result of his wrongful use of percocet, which he pled guilty to and admitted from the start.  Since he is not a drug user, he finds it unjust that his Air Force career was ended and he has been labeled based on one isolated incident.  Since his discharge, he has been attending college and upon graduation would like to enter the electronics industry with no marks on his record and no doubts to his employability.

In support of the appeal, the applicant submits several character references, copies of the Summary Court-Martial and extracts from his college records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 4 March 1998 for a period of four years.

He was tried by a Summary Court-Martial on 5 November 1999 for violating Article 112a of the Uniform Code of Military Justice (UCMJ).  Specifically, for wrongfully using percocet, a Schedule II controlled substance between 1 May 1999 and 30 June 1999.  He pled guilty to the charge, was found guilty, and sentenced to 7 days of confinement, forfeiture of $250.00 pay, reduction to the grade of E-2, and 21 days of hard labor without confinement.

On 17 February 2000, the commander notified him of his intent to recommend his discharge based on misconduct - drug abuse, and that if approved, would result in his receipt of a general discharge.

The discharge was approved on 2 March 2000, and on 6 March 2000, he was discharged with service characterized as general (under honorable conditions) and issued RE Code 2B (Separated with a general or under-other-than-honorable-conditions (UOTHC) discharge).  He completed 2 years and 3 days of active service.

On 3 October 2002, the Air Force Discharge Review Board (AFDRB) considered and denied his request to upgrade his discharge to honorable.

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, indicated that on the basis of the data furnished, they were unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  In addition, the discharge was within the discretion of the discharge authority.  He did not submit any new evidence or identify any errors of injustices that occurred.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 16 May 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant upgrading the characterization of the applicant’s discharge to honorable and changing his RE code to 3K (Secretarial Authority).  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no impropriety in the characterization of his discharge.  Furthermore, the RE code assigned at the time of his discharge appropriately reflects his general discharge (under honorable conditions).  However, based on mitigating factors (i.e., he admitted to the offense, it was an isolated incident and a departure from his normal behavior), we find that relief is warranted on the basis of clemency.  Furthermore, it appears that he has been a productive member of society since his discharge.  Although the characterization of his discharge and the assigned RE code may have been appropriate at the time, we believe it would be an injustice for him to continue to suffer their adverse effects.  Therefore, on the basis of clemency, we believe his discharge should be upgraded to honorable and his RE code changed to 3K, which is a code that can be waived for prior service enlistment consideration, provided he meets all other requirements for enlistment under an existing prior service program.  Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of the service.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 6 March 2000, he was honorably discharged, furnished an Honorable Discharge certificate, and issued a Reenlistment Eligibility code of “3K.”

_________________________________________________________________

The following members of the Board considered Docket Number BC-2003-01261 in Executive Session on 10 July 2003 and 14 November 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 6 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 03.
    Exhibit E.  DD 149, dated 16 Jun 03, w/atchs.
    Exhibit F.  Letter, AFPC/DPPRS, dated 6 May 03.
    Exhibit G.  Letter, AFPC/DPPAE, dated 2 Jul 03.
    Exhibit H.  Letter, SAF/MRBR, dated 11 Jul 03.

                                   
                                   
AFBCMR BC-2003-01261

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 APPLICANT, be corrected to show that on 6 March 2000, he was honorably discharged, furnished an Honorable Discharge certificate, and issued a Reenlistment Eligibility code of “3K.”