RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02447
INDEX CODE: 110.02
COUNSEL: NONE
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 1C or 3C thus allowing
reenlistment.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He signed an AF Form 2030, USAF Drug Certificate, indicating he had
not used drugs prior to entry on active duty, on advice of his
recruiter after telling his recruiter that he had used marijuana once.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 19 July 2000. He denied prior
use of drugs on 11 July 2000 and again on 19 July 2000. On 21 July
2000, he submitted a urine sample for drug testing that tested
positive for marijuana on 31 July 2000. 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, his service was not
creditable, as his enlistment was considered fraudulent. He was
serving in the grade of Airman Basic (E-1) at the time of discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states the applicant did not
submit any new evidence or identify any errors or injustices that
occurred in the discharge processing. Additionally, he provided no
facts warranting a change in his discharge. DPPRS holds that the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the discharge
authorities discretion.
DPPRS’s complete evaluation is at Exhibit C.
AFPC/DPPAE recommends denial. The RE Code of 2C is considered
correct. Further, the applicant did not provide any evidence to
support changing the RE Code.
DPPAE’s 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
31 October 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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;
including the fact that he intentionally twice denied experimentation
or use of illegal drugs and tested positive for marijuana use.
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. 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 AFBCMR Docket Number BC-
2003-02447 in Executive Session on 10 December 2003, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Kathleen F. Graham, Member
Mr. J. Dean Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jul 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 14 Aug 03.
Exhibit D. Letter, AFPC/DPPAE, dated 8 Oct 03.
Exhibit E. Letter, SAF/MRBR, dated 31 Oct 03.
THOMAS S. MARKIEWICZ
Chair
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