RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02875 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His narrative reason for separation (Misconduct/Drug Abuse) and separation code (JKK) be removed from his record. 2. His reentry (RE) code of 2C which denotes “Involuntary separation with an honorable discharge, or entry level separation without characterization of service” be changed to one that would allow him to reenlist in the military. ________________________________________________________________ APPLICANT CONTENDS THAT: He could be an asset to the Air Force or other services if he did not have the aforementioned separation status. He is ashamed of the separation status and it limits his ability to serve his country. He is a registered nurse in the emergency department at St. Luke’s Hospital and has been clean and sober for many years. He is married, has raised a family, and has been a law abiding citizen. He follows a 12-step spiritual program and part of the program is to make amends for his past mistakes. He was young when he was accused of smoking marijuana on two occasions. He was never caught with any drugs and was never accused of being intoxicated on the job. In support of his request, the applicant provides copies of his DD Forms 214, Certificate of Release or Discharge from Active Duty, his DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, numerous letters of recommendation, a membership certificate from the Missouri Addiction Counselors’ Association, and a certificate from the Missouri Substance Abuse Counselors’ Certification board recognizing him as a Associate Substance Abuse Counselor. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 30 May 79, the applicant enlisted in the regular Air Force and was progressively promoted to the grade of airman first class. On 16 Sep 82, the applicant was notified by the Director, Personnel/Administrative Services, that he was recommending his discharge from the Air Force for misconduct (specifically for drug abuse). The reason for the proposed action was he received Article 15 punishment for wrongfully using marijuana on or about (o/a) 20 May 79 and o/a June 82. On 16 Sep 82, the applicant acknowledged receipt of the notification of discharge. On 12 Oct 82, the base legal office found the case legally sufficient to support the separation, and on 14 Oct 82, the discharge authority directed a DD Form 256AF, Honorable Discharge Certificate, be issued to the applicant. On 19 Oct 82, the applicant was discharged by reason of misconduct (drug abuse), and issued a RE code of 2C. He served on active duty for a period of 3 years, 4 months, and 20 days. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibits C and D. ________________________________________________________________ THE AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial. DPSOS states the applicant's record shows he was counseled numerous times: 1) for two dishonored checks; 2) receiving a traffic ticket; and 3) leaving bay orderly duties early. On 7 Jun 82 in a statement to the Office of Special Investigations (OSI), a lieutenant stated he smoked marijuana with the applicant. On 14 Jun 82 a sergeant provided a statement to the OSI that he used marijuana at his house which was provided by the applicant. DPSOS states that based on the applicant’s overall performance, the discharge authority approved an honorable discharge. According to AFI 36-3208, Administrative Separation of Airman, an honorable discharge is appropriate when “the quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member’s service is otherwise so meritorious that any other characterization would be inappropriate.” DPSOS states that based on the documentation on file in the master personnel records, the discharge, to include the service characterization, was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant provided no evidence of an error or injustice in the processing of his discharge. The complete DPSOS evaluation is at Exhibit C. HQ AFPC/DPSOA recommends denial. DPSOA states based on his involuntary discharge with an honorable character of service, the applicant’s RE code (2C) is required per AFI 36-2606, Reenlistment in the United States Air Force. DPOSA states the applicant did not provide any proof of an error or injustice in reference to the RE code. The complete DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 16 Dec 11 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. 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 that 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 application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of 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. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 28 Feb 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2011-02875: Exhibit A. DD Form 149, dated 25 Jul 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit B. Letter, AFPC/DPSOE, dated 3 Nov 11. Exhibit C. Letter, AFPC/DPSOA, dated 6 Dec 11. Exhibit C. Letter, SAF/MRBR, dated 16 Dec 11. Panel Chair