RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04072

XXXXXXXXXX (MEMBER)	COUNSEL: NONE	

	HEARING: NO

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

The evidence in his case proves that the pain medication he took for a knee injury was not wrongfully used.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman.  

On 6 May 13, the applicant was prescribed Percocet for a wisdom tooth extraction.

On 10 Oct 13, the applicant was prescribed Vicodin for and ankle sprain. 

On 16 Sep 14, the applicant was prescribed Ibuprofen for right knee pain.

On 11 Jan 15, the applicant had a positive urinalysis for Oxycodone and Oxymorphone during a Unit Sweep.

On 11 Feb 15, during an Office of Special Investigation (OSI) interview, it was determined that Percocet would have caused a positive urinalysis result for Oxycodone or Oxymorphone.

On 17 Mar 15, the applicant was notified of his commander’s intent to impose punishment upon him pursuant to Article 15, Uniformed Code of Military Justice (UCMJ) for one charge and specification of wrongful use of prescription medication, in violation of Article 112a, UCMJ.  

On 9 Apr 15, the applicant was reduced to the grade to airman.

On 12 May 15, the applicant was notified of his commander’s intent to discharge him for drug abuse, under the authority of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.54.  

On 19 May 15, the applicant’s discharge was approved.

On 4 Jun 15, the applicant received a general discharge. 

The applicant failed to apply to the Air Force Discharge Review Board (AFDRB) before coming to the BCMR (DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States).  For more information, see Exhibit C.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION:

AFPC/DP2STM-SEP recommends denying the application.  The applicant’s narrative reason for separation and characterization of service was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 6 Oct 17 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant did not exhaust all available avenues of non-judicial relief before applying to the Board.  The Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  There is an available avenue of administrative relief the applicant has not first pursued.  In view of this, we find this application is not ready for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, the Board finds no basis to recommend granting the relief sought in this application.

THE BOARD RECOMMENDS THAT:

The applicant be informed all available avenues of administrative relief have not been exhausted, and the application will only be reconsidered upon receipt of documentary evidence indicating that such avenues of administrative relief have been exhausted.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04072 in Executive Session on 10 Jul 18:

Panel Chair 
Panel Member
Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	FTE Letter, dated 30 Nov 16.
Exhibit D:	Advisory Opinion, AFPC/DP2STM-SEP, dated 2 Dec 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2016-04072.