Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2002-03283
Original file (BC-2002-03283.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03283
            INDEX NUMBER:  110.00
      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

His  Reenlistment  Eligibility  (RE)   code   be   changed   from   2C,
“Involuntarily separated with an honorable discharge;  or  entry  level
separation without characterization of service,” to one that will allow
him to reenlist in military service.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He used drugs at a going away party before he entered service  and  has
not used drugs since that time.  He also has  not  been  in  any  other
trouble.

The applicant’s complete submission, with attachments, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 22 Mar 00.   On  10  Apr  00,  the
applicant was notified by his commander that he  was  recommending  the
applicant’s discharge from the Air Force for fraudulent entry and  that
if approved, his  discharge  would  be  described  as  an  entry  level
separation and that he would be ineligible for reenlistment in the  Air
Force.  The  reason  for  the  commander’s  action  was  the  applicant
intentionally concealed prior service  drug  use,  which  if  revealed,
could  have  resulted  in  rejection  of  the  applicant’s  enlistment.
Specifically, the applicant, on 18 Feb 00, executed  an  AF  Form  2030
(USAF Drug Certificate) and indicated that he used or experimented with
marijuana and never used or possessed any illegal drug or narcotic.  On
22 Mar 00, the applicant certified that  he  had  not  used  any  drug,
including marijuana, since he originally completed the form.  On 25 Mar
00, the applicant submitted a urine sample, which, on  3  Apr  00,  was
determined to be positive for marijuana.

The applicant acknowledged receipt of the discharge  recommendation  on
10 Apr 00 and waived his right to counsel.  On 13 Apr 00, the applicant
was discharged from the Air Force with an entry-level  separation  with
uncharacterized service.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  The applicant
did not submit any new evidence or identify any  errors  or  injustices
that occurred in the discharge process.

The complete evaluation is at Exhibit C.

AFPC/DPPAE verified that the RE code given the applicant  was  correct.
They make no recommendation regarding his request.

The complete evaluation is at Exhibit D.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant  on
14 Feb 03 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 error or injustice.  We took notice of the applicant's
complete submission in judging the merits  of  the  case;  however,  we
agree with the opinions and recommendations of the Air Force offices of
primary responsibility and adopt their rationale as the basis  for  our
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  Docket  Number  BC-2002-
03283 in Executive Session on 15 April 2003, under  the  provisions  of
AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. David W. Mulgrew, Member
      Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 4 Nov 02.
    Exhibit D.  Memorandum, AFPC/DPPAE, dated 3 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 14 Feb 03.




                                   ROBERT S. BOYD
                                   Panel Chair


Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-00437

    Original file (BC-2003-00437.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00437 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of “2C” be changed to allow his enlistment into either the Army or Air Force. On 19 June 1998, he received an uncharacterized entry-level separation under the provisions of AFI 36-3208 (Fraudulent Entry into...

  • AF | BCMR | CY2003 | BC-2002-03756

    Original file (BC-2002-03756.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03756 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) code of 2C be changed to 3K, and the narrative reason for separation be changed from “Personality Disorder” to “Secretarial Authority.” _________________________________________________________________ THE APPLICANT...

  • AF | BCMR | CY2003 | BC-2002-02638

    Original file (BC-2002-02638.doc) Auto-classification: Denied

    On 26 Feb 02, the applicant’s commander notified him that he was recommending that the applicant be discharged for conditions that interfere with military service, mental and adjustment disorders. _________________________________________________________________ AIR FORCE EVALUATION: The Medical Consultant recommended denial noting that enlistment bonuses are recoupable provided the member is separating voluntarily, is being separated for misconduct, or for other specified administrative...

  • AF | BCMR | CY2003 | BC-2003-00446

    Original file (BC-2003-00446.doc) Auto-classification: Denied

    The discharge authority approved the request for discharge (in lieu of court- martial) and ordered a UOTHC discharge on 22 August 1984. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends denial. After careful consideration of the available evidence, we found no indication that the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions...

  • AF | BCMR | CY2002 | BC-2002-03603

    Original file (BC-2002-03603.doc) Auto-classification: Denied

    On 2 Nov 95, the applicant was notified of his commander’s intent to recommend discharge for a pattern of misconduct. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. _________________________________________________________________ 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...

  • AF | BCMR | CY2003 | BC-2003-02447

    Original file (BC-2003-02447.doc) Auto-classification: Denied

    He was subsequently discharged from the AF with an entry-level separation and service characterization of uncharacterized, as he had not served for 180 days at the time of discharge. Additionally, he provided no facts warranting a change in his discharge. Consequently, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.

  • AF | BCMR | CY2003 | BC-2003-01037

    Original file (BC-2003-01037.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommended denial and stated that airmen are given entry- level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service. After careful consideration of the circumstances of this case and the evidence provided by the applicant, we are not persuaded that the applicant's discharge and the reenlistment code he received...

  • AF | BCMR | CY2003 | BC-2002-03735

    Original file (BC-2002-03735.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03735 INDEX NUMBER: 110.00 XXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of “2C,” “Involuntarily separated with an honorable discharge: or entry level separation without characterization of service,” be changed to RE Code...

  • AF | BCMR | CY2003 | BC-2002-03241

    Original file (BC-2002-03241.doc) Auto-classification: Denied

    On 29 Aug 00, the applicant received notification that she was being recommended for discharge for erroneous enlistment. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends the application be denied. After thoroughly reviewing the evidence of record and noting the applicant’s submission, we are unpersuaded that the requested relief should be approved.

  • AF | BCMR | CY2000 | 0000236

    Original file (0000236.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00236 INDEX CODE: 112.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code be changed so he can go back into the Air Force. The commander advised the applicant that if his recommendation was approved, his discharge would be described as an entry-level separation and he...