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AF | BCMR | CY2003 | BC-2003-01037
Original file (BC-2003-01037.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01037

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed to honorable  so
that he may reenlist into the Armed Forces.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He would like his discharge changed so he may  continue  his  military
career.  He wishes that the Board would not hold this against him.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
15 October 2002 for a term of 4 years. The applicant was involuntarily
discharged  under  the  provisions  of  AFI  36-3208,   Administrative
Separation of Airmen (fraudulent entry into  military  service),  with
service uncharacterized and a  reenlistment  code  (RE)  of  2C  on  1
November 2002 in the grade of airman  basic.  He  served  17  days  of
inactive service.

On 28 October 2002, the commander notified  the  member  that  he  was
being discharged for fraudulent entry into the Air Force.   Since  the
action was initiated within 180 days of service, it was an entry-level
discharge.  Basis for the action was that the applicant  intentionally
concealed prior service drug usage on his  AF  Form  2030,  USAF  Drug
Certificate.  On 23 October 2002 he executed a Lackland AFB Form  174,
indicating he had used marijuana 10 times, September 1998  to  January
2000; hallucinogens, 15 times, July 1998 to May 1999; and  steroids  3
times, November 1999 to January 2000.  He waived his right to
legal counsel and did not submit statements.  The case was reviewed by
the base legal services and found to be legally sufficient to  support
the discharge.  The Discharge Authority approved the discharge  on  29
October 2002.

_________________________________________________________________

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.  The Department of Defense determined if a member served less
than 180 days of continuous active service, it would be unfair to  the
member and the service to characterize  their  limited  service.   The
applicant did not submit any new evidence or identify  any  errors  or
injustices that occurred in the discharge process.   Additionally,  he
provided no facts warranting a change in his discharge.

AFPC/DPPRS complete evaluation is at Exhibit C

AFPC/DPPAE stated that the Reenlistment Eligibility (RE) code  of  2C,
“Involuntarily separated with an honorable discharge; or  entry  level
separation without characterization of  service”  is  correct.   On  2
October 2001, the  applicant  was  involuntarily  separated  with  his
character of service listed as uncharacterized.  The RE  code  can  be
waived on a  case-by-case  basis  and  the  recruiting  needs  of  the
respective service.

AFPC/DPPAE complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 11 July 2003 for review and comment 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 an error or injustice.  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 were in  error  or  unjust.   The  Board
notes the discharge and RE  code  "2C"  that  the  applicant  received
indicates an uncharacterized entry-level separation for  serving  less
than 6 months of service which would be appropriate  considering  that
the applicant served 17 days of active military  service.   While  the
applicant’s contentions are duly noted, we agree with the opinions and
recommendations of the Air Force and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not  established  that
he has 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 a 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-2003-
01037 in Executive Session on 21 August 2003, under the provisions  of
AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Brenda L. Romine, Member
                 Mr. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 Apr 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 29 May 03.
      Exhibit D. Letter, AFPC/DPPAE, dated 3 Jul 03
      Exhibit E. Letter, SAF/MRBR, dated 11 Jul 03.




      RICHARD A. PETERSON
      Panel Chair


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