RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01891
            INDEX CODE:  100

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

The  reason  for  his  separation,  Fraudulent  Entry  into   Military
Service/Drug Abuse, be cleared from his military record to include his
DD Form 214 (Certificate of Release or Discharge  From  Active  Duty),
and that his records reflect only an Entry Level separation.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The training described by his recruiter was totally different from the
training that was  described  to  him  at  Lackland  AFB,  Texas.   He
specifically stated before enlisting  that  he  could  not  jump  from
airplanes.  One counselor told him that there were three ways in which
to get  released  from  this  incorrect  training.   After  much  soul
searching and further attempts to get released from training  that  he
knew he could not perform, he signed a statement  indicating  that  he
had smoked marijuana once every seven -  eight  months  prior  to  his
enlistment.  He states that he never used marijuana or any other drug.
 He realized that he signed a statement that he had used marijuana but
he really felt  that  he  had  no  other  choice  since  the  training
described to him when enlisting was far from  the  training  that  the
counselor explained to him.  He could not have jumped from an airplane
voluntarily.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 May 97 for  a  period
of four years in the grade of airman basic.




On 29 May 97,  the  applicant  was  notified  by  his  commander  that
discharge action had been initiated against him for  fraudulent  entry
into the Air Force.  The  commander  advised  applicant  that  if  his
recommendation was approved, that his discharge would be described  as
entry  level  separation  and  that  he  would   be   ineligible   for
reenlistment  in  the  Air  Force.   The  commander  further   advised
applicant  the  action  was  being  taken  because  he   intentionally
concealed a prior-service drug usage which, if  revealed,  could  have
resulted in rejection of his enlistment.  Specifically, he, on  28 Jan
97, executed an AF Form 2030 (USAF Drug and Alcohol Abuse Certificate)
and indicated that he had never used or experimented with marijuana or
any dangerous drug or narcotic.  Then on 7 May 97, applicant certified
that  he  had  not  used  any  drug,  including  marijuana,  since  he
originally completed this form.

On 23 May 97, applicant executed a Lackland AFB Form 174  (Advice  For
and  Statement  Of  Preservice  Drug  Abuser)  and  indicated  illegal
involvement with controlled substance, marijuana, during Jun 95 to Mar
97 and used marijuana once every seven - eight months.  He was advised
that he had a right  to  consult  counsel  and  the  right  to  submit
statements in his own behalf.  He waived his right to counsel and  did
not submit statements in his own behalf.

On  2 Jun  97,  the  discharge  authority  approved  the  Entry  Level
separation.

On 3 Jun 97, the applicant was separated under the provisions  of  AFI
36-3208 (Fraudulent Entry Into Military Service/Drug  Abuse)  with  an
Entry Level separation and an uncharacterized character of service  in
the grade of airman basic.  He served 27 days of total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel  Management  Specialist,  AFPC/DPPRS,  reviewed
this application and indicated  that  airmen  are  given  entry  level
separation/uncharacterized service  characterization  when  separation
action is initiated against them in the first 180 days  of  continuous
active service.  There are no  errors  or  irregularities  causing  an
injustice to the applicant.  The discharge complied with directives in
effect at the time of his  discharge  and  the  records  indicate  his
military service  was  reviewed  and  appropriate  action  was  taken.
Applicant did not  identify  any  specific  errors  in  the  discharge
processing nor provide facts which warrant a change in  the  narrative
reason for discharge that he received.  Accordingly, DPPRS  recommends
applicant’s request be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and provided a  three-page
statement indicating, in part, that he is  not  guilty  of  fraudulent
entry.  He did not use drugs prior to his enlistment at any time.   He
is guilty of signing a false statement to obtain his release from  his
military  obligation.   He  states  that  a  drug  test  performed  at
discharge or any time during the 27 days that he was in active service
would have proven this.  He knows now that he should have sought legal
advice prior to signing any statement; however, at the  time,  he  was
under extreme emotional and psychological stress due to learning  that
his job training requirements were different than the printout he  had
been given and from the  film  he  was  shown  upon  enlistment.   His
objective for enlisting was to obtain training in the  Security  field
and to spend his life in this  field.   He  now  finds  himself  being
labeled as a drug user from his brief experience in the  military  and
all opportunities to get into the law enforcement field are now closed
to him.

Applicant’s complete response, including a statement from his  father,
is attached at Exhibit E.

_________________________________________________________________

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 probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that the reason for his separation should  be  removed  from
his military record.  His  contentions  are  duly  noted;  however,  a
majority of the Board does  not  find  these  assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force.  Based on  the  evidence,  the  applicant  did  sign
Lackland AFB Form 174 indicating he smoked marijuana  between  Jun  95
and Mar 97 once every seven - eight months.  While he contends he only
signed this statement because he had no other choice because he  could
not jump from an airplane voluntarily and therefore did  not  want  to
remain in the Air Force, he has not provided persuasive evidence  that
would corroborate these allegations.  Should he  provide  evidence  to
substantiate his claims, the Board would be willing to reevaluate  his
application.  However, in view of the foregoing,  a  majority  of  the
Board agrees with the recommendation of the Air Force and  adopts  the
rationale expressed as the basis for our decision that  the  applicant
has failed to sustain his burden that he has suffered either an  error
or an injustice.  Therefore, the Board majority  finds  no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

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

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 April 1999, under the provisions of Air  Force
Instruction 36-2603:

                  Ms. Patricia J. Zarodkiewicz, Panel Chair
                  Ms. Dorothy P. Loeb, Member
                  Ms. Olga M. Crerar, Member
                Mrs. Joyce Earley, Examiner (without vote)

By a majority vote, the Board recommended denial of  the  application.
Ms. Zarodkiewicz voted to  grant  the  relief  sought  and  submits  a
minority report at Exhibit F.  The following documentary evidence  was
considered:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 29 Jun 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 25 Aug 98.
     Exhibit D.  Letter, AFBCMR, dated 7 Sep 98.
     Exhibit E.  Letter fr applicant, dated 21 Sep 98, w/atch.
     Exhibit F.  Minority Report.



                                   PATRICIA J. ZARODKIEWICZ
                                   Panel Chair



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

SUBJECT:  AFBCMR Application of                Docket Number 98-01891

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided substantial evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.



                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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

SUBJECT:  MINORITY REPORT -

      I have carefully considered all aspects of this case and do not  agree
with the majority of the panel that the applicant’s request that the  reason
for his separation should be denied.

      While it is true that prior to his enlistment, the applicant signed  a
form indicating he had never used or  experimented  with  marijuana  or  any
dangerous drug or narcotic and then certified that he had not used any  drug
and later executed LTC Form 174 (Advice  For  and  Statement  Of  Preservice
Drug Abuser)  indicating  illegal  involvement  with  controlled  substance,
marijuana, I feel that he should have been directed to  a  solution  to  his
dilemma rather than being separated using the terms “Fraudulent  Entry  into
Military Service/Drug Abuse.”  It  appears  that  the  applicant  was  panic
stricken at the thought of jumping out of an aircraft and was looking for  a
way to get released from his service obligation because  of  his  fear.   In
arriving at my decision, I feel that there  is  a  strong  possibility  that
applicant was miscounseled by his recruiter regarding the  training  he  was
to receive and I believe  he  should  have  been  allowed  to  make  another
training choice if he insisted that he  could  not  jump  from  an  airplane
voluntarily.

      In my opinion, the reason for applicant’s separation is  harsh  and  I
feel that to label him a drug abuser, considering his brief time  (27  days)
on active duty, based on his signing a false  statement  to  obtain  release
from his military obligation is unjust and to continue to carry this  stigma
is  unfair.   Therefore,  I  believe   “Fraudulent   Entry   into   Military
Service/Drug Abuse” should be deleted from his record.



                                        PATRICIA J. ZARODKIEWICZ
                                        Panel Chair


INDEX CODE:  100

AFBCMR 98-01891




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  , be corrected to show that  the  narrative  reason
for   his   Entry   Level    Separation    on    3 June    1997    was
Miscellaneous/General Reasons and his  Separation  Program  Designator
(SPD) was MND.







                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency

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

SUBJECT:

      I have carefully considered all aspects of this case and do  not
agree with the majority of the  panel  that  the  applicant’s  request
should be denied.

      In arriving at my decision, I note that the applicant was  panic
stricken at the thought of jumping out of an aircraft and believe that
he was indeed looking for a way  to  get  released  from  his  service
obligation because of his fear.  I agree with the minority member that
neither applicant’s recruiter nor his training  instructors  attempted
to quell his fears or redirect him to another training opportunity.  I
believe that to carry the stigma of his  existing  narrative  reason’s
reference to drug abuse is unfair for the amount of time (27 days)  he
served.

      In view of the foregoing, I agree with the  minority  member  of
the panel and direct that the reason  for  applicant’s  separation  be
changed from Fraudulent Entry  into  Military  Service/Drug  Abuse  to
Miscellaneous/General Reasons and his  Separation  Program  Designator
(SPD) be changed to MND.



                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency