RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00582 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His uncharacterized entry level separation be changed to a general (under honorable conditions) discharge. 2. His narrative reason for separation (Fraudulent Entry into Military Service/Drug Abuse) be changed. 3. His reentry (RE) code of “2C” (Involuntarily separated with an entry level separation without characterization of service) be changed to permit reentry into the military. _________________________________________________________________ APPLICANT CONTENDS THAT: He had his appendix removed while at basic military training (BMT) and was placed on medical hold. He hated being there, so he lied about his past, and said he had used drugs. He has never used drugs in his life. He would like to enlist in the Navy, but needs his RE code changed. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 15 Jan 08. On 25 Feb 08, the applicant was notified by his commander that he was recommending his discharge from the Air Force for fraudulent entry. The basis for the proposed discharge was the applicant intentionally concealed prior service drug usage, which if revealed, could have resulted in the rejection of his enlistment. Specifically, on 3 Oct 07, the applicant executed an AF Form 2030, USAF Drug and Alcohol Abuse Certificate, indicating that he had not used or experimented with marijuana and never used or possessed any illegal drug or narcotic. On 15 Jan 08, he certified that he had not used any drug, including marijuana, since he originally completed the AF Form 2030. On 20 Feb 08, the applicant admitted to a drug abuse officer about his prior involvement with controlled substances. He executed an LAFB Form 174, where he admitted to repeated use of marijuana between Mar 04 and Nov 07, and on or about Feb 06, he used hallucinogens on two occasions. Applicant acknowledged receipt of the discharge notification, waived his right to counsel, and declined to submit statements in his own behalf. On 26 Feb 08, the base legal office found the case file legally sufficient to support the separation. The discharge authority approved the separation and the applicant was discharged by reason of fraudulent entry into military service/drug abuse, and was issued a RE code of 2C (involuntarily separated with an entry level separation without characterization of service). Since his enlistment was considered fraudulent his total active service was non-creditable. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial. DPSOS states that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The applicant did not submit any evidence or identify any errors or injustice that occurred in the discharge processing. Additionally, he provided no facts warranting a change to his narrative reason for separation. Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service. Therefore, his uncharacterized character of service is correct and in accordance with DoD and Air Force instructions. The complete DPSOS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 Aug 09, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received. _________________________________________________________________ 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. The applicant has provided no evidence showing that his separation and RE codes are in error or contrary to the prevailing instruction. The applicant’s discharge appears to be in compliance with the governing instruction and we find no evidence to indicate that his separation was inappropriate. Therefore, his uncharacterized character of service is correct and in accordance with DoD and Air Force instructions. The RE code which was issued at the time of applicant’s separation accurately reflects the circumstances of his separation and we do not find this code to be in error or unjust. While RE code 2C indicates “Conditions Barring Immediate Reenlistment,” we note the Navy may elect to waive his ineligibility and allow him to enlist if they so desire. Therefore, in the absence of persuasive evidence to the contrary, we adopt the rationale provided by the Air Force office of primary responsibility as the basis for our conclusion the applicant has not been the victim of an error or injustice and conclude that no basis exists 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 Docket Number BC-2009-00582 in Executive Session on 15 Oct 09, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to Docket Number BC-2009-00582 was considered: Exhibit A. DD Form 149, dated 2 Mar 09, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 27 Jul 09. Exhibit D. Letter, SAF/MRBR, dated 21 Aug 09. Panel Chair