RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03877
            INDEX CODE:  100.03

            COUNSEL:  NONE

            HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code  of  2B  [separated  with  a
general or under other than honorable conditions (UOTHC) discharge]
be upgraded.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He feels the decision for the RE code he received was given hastily
and without a personal interview allowing him a chance to challenge
the decision.

In support of his appeal, applicant submitted a copy  of  a  letter
from his squadron commander to the wing staff judge advocate, dated
25 Jun 01, outlining why  the  applicant  did  not  meet  retention
requirements.

Applicant complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  19  Nov  97  for  a
period of 4 years in the grade  of  airman  basic.   Prior  to  the
events under review, he was promoted to the grade of senior  airman
effective 19 Nov 00.

On 25 Jun 01, the squadron  commander  initiated  discharge  action
against the applicant for fraudulent entry  and  drug  abuse.   The
reason for  the  proposed  action  was  that  applicant  failed  to
indicate  on  his  SF  86,  Questionnaire  for  National   Security
Positions, signed 8 Jul 97, AF Form 2030,  USAF  Drug  and  Alcohol
Abuse Certificate, signed 11 Sep 97, and DD Form  1966,  Record  of
Military Processing, Armed Forces  of  the  United  States,  signed
11 Sep 97, that he had used marijuana approximately 156 times,  LSD
5 times, mushrooms 5 times, and cocaine 1 time prior to enlistment.
 Additionally, applicant admitted to using  marijuana  4 times  and
mushrooms 3 times between Mar 98 and Mar 00 while on active duty.

On that same date, applicant acknowledged receipt of the  discharge
notification.   On  28  Jun  01,  after  consulting  with  counsel,
applicant waived his right to submit statements in his own  behalf.
On 3 Jul 01, the Chief, Adverse  Actions,  considered  the  7-point
criteria for retention, but found that the applicant did  not  meet
requirements for retention.  Probation and Rehabilitation (P&R)  is
not available when the basis for discharge is fraudulent enlistment
and drug abuse.  She found the case  file  legally  sufficient  and
recommended a general discharge.  On that same date, the wing staff
judge advocate concurred with the finding and  the  recommendation.
On 13 Jul 01, the discharge authority  directed  the  applicant  be
separated with a general discharge without P&R.

On 20 Jul 01, the applicant was discharged under the provisions  of
AFI 36-3208 by reason of misconduct, with service characterized  as
general (under honorable conditions), and was issued  RE  code  2B.
He served 3 years, 8 months, and 2 days on active duty.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They found that the discharge was consistent  with  the  procedural
and  substantive  requirements   of   the   discharge   regulation.
Additionally, that the discharge was within the sound discretion of
the discharge authority.  They also noted that  the  applicant  did
not submit any new evidence or identify any  errors  or  injustices
that occurred in the discharge processing nor did  he  provide  any
facts warranting an upgrade of the discharge.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 24 Dec 03 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

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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.   Applicant’s
contentions are duly noted; however, we are not persuaded that  the
applicant has been the victim of an error  or  injustice.   At  the
time members are separated from the Air Force, they  are  furnished
an RE code  predicated  upon  the  quality  of  their  service  and
circumstances of their  separation.   Applicant’s  RE  code  of  2B
accurately reflects that he was separated  with  a  general  (under
honorable conditions) discharge.  After a thorough  review  of  the
evidence  of  record,  we  believe  that  given  the  circumstances
surrounding the applicant’s separation, the RE code issued  was  in
accordance with the governing instructions.  Therefore, we find  no
basis upon which to recommend favorable action on this application.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

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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-2003-03877 in Executive Session on 4 February  2004,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Mary Johnson, Member
      Ms. Rita S. Looney, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Nov 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 18 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Dec 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair