RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00366 COUNSEL: NONE XXXXXXXXXXXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be reinstated into the Air Force. 2. If reinstatement is not approved, his reentry (RE) code, separation code, and narrative reason for separation be changed to allow him to reenter the military. 3. If neither of the first two changes is approved, his separation code and narrative reason for separation be changed to not include any characterization of drug use. _________________________________________________________________ APPLICANT CONTENDS THAT: The substance Amanita Muscaria Mushroom is not illegal and is not a controlled substance. His RE code, separation code, and narrative reason for separation (drug abuse) prohibits him from enlisting in any other branch of service and makes other employment difficult/impossible. The evidence submitted in support of the applicant’s appeal is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS and DPSOA reviewed this application and recommend denial. DPSOS states the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. Air Force Instruction 36-3208, paragraph 5.54.1., indicates the term drug includes any controlled substance in schedules I, II, III, IV, and V of Title 21 United States Code, Section 812. It also includes anabolic/androgenic steroids, and any intoxicating substance, other than alcohol, that is inhaled, injected, consumed, or introduced into the body in any manner for purposes of altering mood or function. The applicant’s discharge was authorized by the governing instruction and was within the discretion of the discharge authority. DPSOA states the applicant’s RE code is driven by his involuntary entry level separation with an uncharacterized service. Complete copies of the DPSOS and DPSOA evaluations are at Exhibits B and C respectively. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 22 November 2010, for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has 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 an 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 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 AFBCMR Docket Number BC-2010-00366 in Executive Session on 6 January 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered for AFBCMR Docket Number BC-2010-00366: Exhibit A. DD Form 149, dated 24 Jan 10, w/atchs. Exhibit B. Letter, AFPC/DPSOS, dated 30 Aug 10. Exhibit C. Letter, AFPC/DPSOA, dated 8 Oct 10. Exhibit D. Letter, AFBCMR, dated 22 Nov 10.