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AF | BCMR | CY2003 | BC-2003-02447
Original file (BC-2003-02447.doc) Auto-classification: Denied





                       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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