RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01594 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) code of 6H (Drug Abuse) be changed to a “1” so she can reenlist. ________________________________________________________________ APPLICANT CONTENDS THAT: She never did drugs while she was serving in the Air National Guard (ANG), but failed a drug test. She was willing to retest on the spot, but was not allowed. The test was a false positive. In support of her request, the applicant provides an expanded statement. The applicant’s complete submission, including the attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate she enlisted in the ANG on 21 Feb 07 in the grade of airman first class (E-3) for a period of six years. On 27 Sep 08, the applicant’s commander notified her of his intent to recommend her discharge from the ANG for drug abuse. The specific reason for the action was that the urine specimen she submitted on 24 Aug 08 tested positive for marijuana. She acknowledged receipt on 27 Sep 08. The case file was found to be legally sufficient on 2 Nov 08 and the applicant was furnished a General (Under Honorable Conditions) discharge on 21 Nov 08. She was credited with one year, nine months, and one day of total reserve service. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1POE recommends denial, indicating there is no evidence of an error or injustice. The applicant failed to provide any documentary evidence that describes the circumstances surrounding her separation or supports her assertions. A complete copy of the NGB/A1POE 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 20 Aug 10 for review and response within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 injustice warranting a change to the applicant’s RE code. 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 and adopt its 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 the RE code of 6H, issued in conjunction with her General (Under Honorable Conditions) discharge, was erroneously assigned or inaccurately reflected the circumstances of her separation, we find no basis to recommend granting the relief sought in this application. 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 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-2010-01594 in Executive Session on 4 Nov 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1POE, dated 9 Aug 10. Exhibit D. Letter, SAF/MRBR, dated 20 Aug 10.