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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