ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02295-2
		INDEX CODE:  110.00

		COUNSEL: 

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests that his general (under honorable conditions) discharge be upgraded to an honorable discharge, narrative reason for separation be changed to reflect completion of enlistment, reenlistment eligibility (RE) code and separation code be changed to allow reenlistment, or reinstatement to active duty.

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STATEMENT OF FACTS:

In an application to the Board dated 1 April 2004, the applicant requested that he be reinstated to active duty or his general (under honorable conditions) discharge be upgraded to an honorable discharge.

On 21 October 2004, the Board considered and denied the applicant’s request.  A complete copy of the Record of Proceedings (ROP), with attachments, is at Exhibit E.

In his most recent submission, the applicant states that he has been unjustly discharged from the Air Force based on false rumors and false statements alleging that he used marijuana.  He was coerced by OSI into admitting to the use, and that other involved parties – both military and civilian have now come forward to corroborate the coercion.  Two drug tests proved that he did not engage in marijuana use.  His complete submission, with attachments, is at Exhibit F.

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FINDINGS AND CONCLUSIONS OF THE BOARD:

1.  After again reviewing the evidence submitted with this appeal, the Board majority is not persuaded the applicant's request warrants favorable consideration.  The Board majority believes that the evidence of record supports the decision of the responsible officials who applied appropriate standards in effecting the applicant’s separation.  The Board majority finds no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of his appeal, does not believe he has suffered from an injustice.  Therefore, in the absence of evidence to the contrary, the majority of the Board finds no compelling basis to recommend granting the relief sought.

2.  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.

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DECISION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02295-2 in Executive Session on 4 October 2006, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

By a majority vote, the Board recommended denial of the application.  Ms. XXXXXX voted to grant the applicant’s request, but does not wish to submit a Minority Report.  The following documentary evidence was considered:

   Exhibit E.  Record of Proceedings, dated 29 Oct 04, w/atchs.
   Exhibit F.  DD Form 149, dated 11 Jan 06, w/atchs.

AFBCMR BC-2004-00295

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
			      CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of 
	I have carefully reviewed the circumstances of this case and do not agree with the majority of the panel members that the applicant's requests should be denied in their entirety.

	I agree with the Board majority that the evidence presented by the applicant is not sufficient to demonstrate that an error exists in his discharge processing warranting reinstatement to active duty or correction of his reenlistment eligibility code to a code that would permit reenlistment in the Air Force.  However, I do believe that under the particular circumstances of this case, continuing to characterize his service as general (under honorable conditions) would be unjust.  I am not persuaded by the applicant's allegations of coercion or that the allegations against him are completely false.  I do believe, however, that a reasonable doubt has been established as to whether or not the characterization of his service as general accurately reflects his service while in the Air Force.  I am not unmindful of the Air Force's position regarding this matter; nevertheless, taking into consideration his overall record of performance prior to the allegations of drug abuse and considering the unequivocal support he has received, I believe it serves no useful purpose to the Air Force or to society in general for the applicant to continue to suffer the adverse impacts of a general discharge.  Therefore, on the basis of clemency, I direct his records be corrected to reflect he was discharged with an honorable characterization of service.

							

AFBCMR BC-2004-02295-2

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 14 January 2004, he was honorably discharged under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility (RE) code of 2B.