RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04073

 						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His Reentry (RE) Code “2B” which denotes “Separated with a general or under other than honorable conditions discharge” be changed to allow reenlistment in the Armed Forces.  

APPLICANT CONTENDS THAT:

He is hoping to get another chance to prove himself.  He has been working to correct his mistakes.

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

On 15 January 2013, the applicant entered the Regular Air Force.

In a letter dated 27 January 2014, the Personnel Reliability Program (PRP) Clinic’s Physician Assistant notified the applicant’s commander of Potentially Disqualifying Information (PDI).  The applicant was evaluated on 27 January 2014 and endorsed using someone else’s medication during the interim period between 16 and 27 January 2014.  Specifically, he used a sleeping aid (Ambien Extended Release) that was prescribed to his father in law.   The applicant’s commander could determine whether the applicant’s use of the medication was drug misuse or drug abuse and if the applicant would be suspended or temporarily decertified for PRP and re-evaluated by mental health.  The evaluating physician’s perspective is that it is drug misuse.  The applicant’s use of the medication occurred during a time he was medically cleared for PRP.  He did not believe the applicant’s reliability was in question and did not recommend a temporary decertification.  

In a letter dated 28 January 2014, the 341st Medical Operations Squadron (341 MDOS) Physician Assistant wrote that the applicant’s medical chart indicates he has a history of insomnia and was treated with several sleep medications for the condition.  On 20 December 2013, the applicant was prescribed an antihistamine (Vistaril) for sleep issues.  On 14 January 2014, he had finished taking the Vistaril 10 days prior.  He was prescribed Ambien 10 mg on 14 January 2014.  On 16 January 2014 he reported severe side effects and was directed to stop the medication.  On 27 January 2014, he indicated he had tried a relative’s extended release Ambien with good success and would like to try this medication again.  At that time he was prescribed another supply of Ambien 10mg and another sleep medication, Trazodone.  

On 17 April 2014, the applicant was notified by his commander of his intent to recommend he be discharged in accordance with AFI 36-3208, Administrative Separation of Airmen, for drug abuse.  The specific reason for the recommendation was that the applicant disclosed to his physician that between and on or about 16 and 27 January 2014, he knowingly used another individual's prescription for Ambien, a Schedule IV controlled substance by federal regulation.  For this misconduct, the applicant received a Letter of Reprimand dated 11 March 2014.  

On 17 April 2014, the applicant acknowledged the notification of discharge, his right to consult counsel and submit statements in his own behalf, or waive these rights.  

On 8 May 2014, the staff judge advocate found the recommendation for discharge legally sufficient.

On 21 May 2014, the discharge authority approved the discharge recommendation.

On 6 June 2014, the applicant was discharged with a general (under honorable conditions) discharge, RE code “2B” and a narrative reason for separation of “Misconduct (drug abuse).”  He served 1 year, 4 months and 22 days of active duty service.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3ST recommends denial.  The applicant states it was a one-time offense and he made a mistake.  However, he was on PRP because of guarding nuclear weapons or nuclear command and control systems and equipment and had been briefed on the strict medical and prescription requirements he was required to maintain.  The applicant knew he was not authorized to take someone else’s medication while PRP certified but had taken his relative’s prescription Ambien while assigned to PRP duties.

If his character of service is upgraded to honorable now or at a later point, his RE code would also need to be changed to “2C” which denotes “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” as the current RE code of “2B” is only compatible with a general or worse character of service.  

A complete copy of the AFPC/DP3ST evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 June 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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 an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  As indicated in the Air Force OPR evaluation, should the applicant wish to pursue an upgrade of his discharge, which, if approved would result in his RE code being changed to 2C, he should apply for consideration of an upgrade through the Discharge Review Board (DRB) in accordance with 10 USC 1553.  Should the applicant’s appeal to the DRB be unsuccessful, he could appeal their decision to this Board.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04073 in Executive Session on 8 September 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3ST, dated 4 May 2016
	Exhibit D.  Letter, AFBCMR, dated 1 June 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.