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AF | BCMR | CY2003 | BC-2002-01173
Original file (BC-2002-01173.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-01173
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized, entry-level discharge be changed to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In the last form he signed at the Military Entrance Processing Station
(MEPS), he truthfully answered “yes” to use of marijuana  and  illegal
narcotics.

In support of the appeal, applicant provided a DD Form 293 and a  copy
of his separation documents.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5  March  2002  in  the
grade of basic airman.

On 21 March 2002, the commander notified the  applicant  that  he  was
recommending a discharge for erroneous  enlistment.   Reason  for  the
action was the Air Force allowed him to enter after he  disclosed  his
use of illegal drug/narcotic usage, as evidenced on his AF Form  2030,
Drug and Alcohol Abuse Certificate, dated     10  October  2001.   Had
this been identified prior to his enlistment, he would not  have  been
allowed to enter.  His MEPS stated his AF Form  2030  was  overlooked.
Erroneous enlistment is an enlistment that would not have occurred  if
the service had known about the condition prior to enlistment and  the
applicant had not admitted  the  condition.   The  base  legal  office
reviewed the case and found  it  legally  sufficient.   The  Discharge
Authority approved the separation on 26 March 2002.  The applicant was
separated with an entry-level separation  (uncharacterized)  from  the
Air Force on 28 March 2002.

The applicant, while  serving  in  the  grade  of  airman  basic,  was
separated from the Air Force on 28 March 2002 under the provisions  of
AFI  36-3208,   Administrative   Separation   of   Airmen   (Erroneous
Enlistment),  with  an  uncharacterized  entry-level  separation.   He
served 24 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.  Additionally, the discharge was within the discretion  of
the   discharge   authority.     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,
they recommend denial of applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 March 2003, a copy of the Air Force evaluation was forwarded  to
the applicant for review and response within  30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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  error  or  injustice.   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
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling 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  this  application  in
Executive Session on 29 April 2003, under the provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Gregory A. Parker, Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 19 May 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 6 Mar 03.
      Exhibit D. Letter, AFBCMR, dated 14 Mar 03.




                             RICHARD A. PETERSON
                             Panel Chair



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