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.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His discharge was unjust because he was a minor  when  the  reason  for  his
discharge occurred.  In addition, he was the one on  his  own  integrity  to
bring his fault to the attention of the Air Force.  Moreover, he  is  now  a
different person, who has paid for his mistake and wants another  chance  to
serve in the military.

In support of the appeal, the applicant submits his  personal  statement,  a
statement from his spouse, and copies of his college transcripts.

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

_________________________________________________________________

STATEMENT OF FACTS:


The applicant enlisted in the Regular Air Force on 26 November  1997  for  a
period of four years.

During a Sensitive Compartmented Information (SCI)  interview,  he  admitted
to using marijuana 40 times, between May 1995 and  1997.   In  addition,  he
also confessed to using marijuana at  age  16,  being  suspended  from  high
school, being fired from a job  in  August  1996,  and  being  arrested  for
possession of marijuana.

On 8 April 1998, the  commander  recommended  the  applicant  be  granted  a
waiver of discharge action based on his  integrity,  exemplary  performance,
and the fact that he was a very solid trainee.  The  waiver  was  denied  by
the discharge authority on 11 May 1998.

On 19 May 1998, the commander notified him of his  intent  to  initiate  his
discharge for fraudulent entry.  Specifically, for procuring his  enlistment
through deliberate, material misrepresentation, omission, or concealment  of
his pre-service drug abuse,  mental  health  treatment,  and  school  record
that, if known at the time of his enlistment  or  entry  into  the  service,
might have resulted in rejection.  He consulted with  military  counsel  and
submitted statements  in  his  own  behalf.   On  4 June  1998,  the  Chief,
Military Justice, found the case legally sufficient.  On 9  June  1998,  the
discharge authority approved an entry level separation.

On 19 June 1998,  he  received  an  uncharacterized  entry-level  separation
under  the  provisions  of  AFI  36-3208  (Fraudulent  Entry  into  Military
Service, Drug Abuse), and was issued RE  code  2C  (Involuntarily  separated
with an entry level separation without  characterization  of  service).   He
was credited with no active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
based on the documentation in the file, the discharge  was  consistent  with
the procedural and substantive requirements  of  the  discharge  regulation.
Additionally,  the  discharge  was  within  the  sound  discretion  of   the
discharge      authority.       Airmen      are      given       entry-level
separation/uncharacterized  service  characterization  when  separation   is
initiated in the first 180 days continuous active service.

The AFPC/DPPRS evaluation is at Exhibit C.

AFPC/DPPAE states that at the time of  the  applicant’s  discharge,  he  was
correctly issued RE code 2C,  “Involuntarily  separated  with  an  honorable
discharge; or entry level separation without characterization of service.”

The AFPC/DPPAE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on  18  April  2003  for  review  and  response  within  30  days.
However, as of this date, this office has received no response.

_________________________________________________________________


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  error  or  injustice  warranting  corrective  action.   After
careful review of  the  circumstances  of  the  applicant’s  uncharacterized
entry-level separation for fraudulent enlistment, we found  no  evidence  to
indicate  that  his  separation  from  the  Air  Force  was   inappropriate.
Applicant’s assigned RE Code  of  2C  accurately  reflects  his  involuntary
separation.  Nevertheless, after careful consideration of all the facts  and
circumstances of the applicant’s case, i.e., his desire to enlist  into  the
Army or Air Force, the fact that the  incidents  occurred  while  he  was  a
minor, and the fact that his  separation  was  the  result  of  his  honesty
regarding his prior history of marijuana usage, rather than  misconduct,  we
believe it would be an injustice for him to continue to suffer  the  adverse
effects of the  assigned  RE  Code  and  narrative  reason  for  separation.
Therefore, we believe he should  be  afforded  a  second  chance  to  serve.
Accordingly, we recommend his RE code be changed to  3K,  which  is  a  code
that can be waived for prior service enlistment consideration,  provided  he
meets all other requirements for enlistment under an existing prior  service
program.  Whether or not he is  successful,  however,  will  depend  on  the
needs of the service and our recommendation in no  way  guarantees  that  he
will be allowed to return to any branch of the service.  We  also  recommend
that the reason for his discharge  be  changed  to  “Secretarial  Authority”
with the corresponding Separation Program Designator (SPD) code of “JFF.”

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on  19  June  1998,  he  received  an
uncharacterized entry level separation under the provisions of AFI  36-3208,
paragraph 1.2 (Secretarial Authority), with a separation code of  “JFF”  and
a Reenlistment Eligibility code of “3K.”

_________________________________________________________________







The following members of the Board considered  Docket  Number  BC-2003-00437
in Executive Session on 5 June 2003, under the provisions of AFI 36-2603:

                       Mr. Robert S. Boyd, Panel Chair
                       Ms. Kathleen F. Graham, Member
                       Mr. James A. Wolffe, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 4 Mar 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 15 Apr 03.
    Exhibit E.  Letter, SAF/MRBR, dated 18 Apr 03.




                                   ROBERT S. BOYD
                                   Panel Chair
AFBCMR BC-2003-00437




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 APPLICANT, be corrected to show that on 19 June 1998, he
received an uncharacterized entry level separation under the provisions of
AFI 36-3208, paragraph 1.2 (Secretarial Authority), with a separation code
of “JFF” and a Reenlistment Eligibility code of “3K.”








JOE G. LINEBERGER

Director

Air Force Review Boards Agency