ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-1986-00232-2

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider his request for removal of his separation code and narrative reason for separation of “Drug Abuse Rehabilitation Failure.”

He be paid for the remaining time of his 4-year enlistment.  

RESUME OF THE CASE

The applicant is a former Air Force airman first class (E-3).

On 6 Oct 83, he was notified by his commander he was recommending he be discharged for failure of the drug rehabilitation program.  On 4 Mar 83, he wrongfully used marijuana and received an Article 15.  He was placed in the drug abuse rehabilitation program and submitted a command directed urine sample on 9 Aug 83, which tested positive for marijuana.

On 28 Oct 83, the recommendation for discharge was found legally sufficient.  On 31 Oct 83, the discharge authority approved the recommendation for discharge.

On 4 Nov 83, he was honorably discharged with separation program designator “JPC” and narrative reason for separation of “Drug Abuse Rehabilitation Failure.”  He served 3 years, 2 months and 28 days of active duty service.

On 13 Dec 83, the Discharge Review Board (DRB) denied the applicant’s request for change of reason and authority for his separation.

On 31 May 85, the Board denied the applicant’s request that the drug rehabilitation program code be removed from his record.  The Board stated the discharge was proper and in consonance with the discharge directive based on two positive urinalyses on 4 Mar 83 and 7 Apr 83.  The applicant was advised that at some time in the future if his positive urinalyses were identified as ones that should be set aside, the Board would be willing to reconsider his request.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the Record of Proceedings, with Exhibits A thru D, at Exhibit E. 

On 4 Sep 19, the applicant requested reconsideration of his request stating it was a faulty drug test and he was not notified an administrative board approved the appeal of drug tests in 1985.  He also requests he be paid for the remaining time on his enlistment contract.  

The applicant’s complete submission is at Exhibit F.  

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denial.  The applicant was placed in drug rehabilitation after failing a urinalysis examination that determined he had marijuana in his system.  A subsequent urinalysis test while in drug rehabilitation determined the presence of marijuana resulting in discharge proceedings for failure in drug rehabilitation.  There is no error or injustice with the discharge processing.

The complete advisory opinion is at Exhibit H.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 19 Aug 20 for comment (Exhibit I).  The applicant provides a news article dated 15 Dec 85 stating the Army and Air Force overturned disciplinary actions against more than 1,600 service members whose drug tests were mishandled by military laboratories in 1982 and 1983 (Exhibit J).

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant contends his positive urinalysis tests were faulty and provides a news article to show the Air Force overturned disciplinary actions in cases where military laboratories mishandled urinalysis tests.  However, the applicant has provided no evidence to substantiate his urinalysis tests results on 4 Mar 83 and 7 Apr 83 were faulty or that he did not fail the drug rehabilitation program for which he was honorably discharged.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-1986-00232-2 in Executive Session 17 Dec 20:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit E:	Record of Proceedings, w/ Exhibits A-D, dated 15 Apr 86.
Exhibit F:	Application, DD Form 149, w/atchs, dated 4 Sep 19.
Exhibit G:	Documentary evidence, including relevant excerpts from official records.
Exhibit H:	Advisory opinion, AFPC/DP2SSR, dated 8 Jul 20. 
Exhibit I:	Notification of advisory, SAF/MRBC to applicant, dated 19 Aug 20.
Exhibit J:	Applicant’s response, dated 9 Sep 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.