RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00265
INDEX CODE: 100.03, 100.06
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed to fraudulent entry
into military service only, his separation program designator code
changed to JDA and his reenlistment eligibility (RE) code be changed
to allow him to join the Armed Forces.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He made a severe error in judgment that resulted in his being
discharged from the Air Force. He now recognizes how important that
error of judgment was, and has tried diligently to become a more
honest and productive person and hopes his error in judgment at the
age of 18 can be minimized. He has spoken with various military
recruiters and believes he can become a good soldier or marine if
given a second chance.
In support of his request, the applicant submitted various memoranda
from his discharge package, a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty, and a copy of an AF Form 100,
Request and Authorization for Separation.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 12 June 2001, in
the grade of airman basic. On 5 July 2001, his commander notified the
applicant he was recommending he be discharged from the Air Force
under the provisions of AFI 36-3208, Administrative Separation of
Airmen (fraudulent entry into military service/drug abuse). The
specific reasons for the action was on 17 November 2000, the applicant
indicated on his AF Form 2030, USAF Drug Certificate, that he had not
used or experimented with marijuana and never used or possessed any
illegal drug or narcotic. Then on 12 June 2001, he certified that he
had not used any drug, including marijuana since originally signing
the form. On 15 June 2001, he submitted a urine sample to be tested
for the presence of drugs and his specimen tested positive for
marijuana. The applicant was advised of his rights in the matter. On
5 July 2001, he acknowledged receipt of the notification, and waived
his right to consult counsel, and elected not to submit statements in
his own behalf. The case was reviewed by the base legal office and
found to be legally sufficient to support separation. He was
separated from the Air Force on 13 July 2001, with an uncharacterized
entry-level separation, and received an RE code of 2C ”Involuntarily
separated with an honorable discharge; or entry level separation
without characterization of service.” Since his enlistment was
considered fraudulent, his total active service was not creditable.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. Based upon the documentation in the
file, the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. The discharge was within
the discretion of the discharge authority. 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 (DoD) 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. Applicant did not submit any evidence or identity any errors
or injustices that occurred in the discharge processing. He provided
no facts warranting a change to the character of service or a change
to his RE code.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
19 Mar 04 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 a thorough review of
the documentation provided and the evidence of record, the Board is of
the opinion that given the circumstances surrounding his separation
from the Air Force, the RE code, SPD code, and narrative reason
assigned to the applicant were proper and in compliance with the
appropriate directives. Applicant has not provided any evidence,
which would lead us to believe otherwise. Therefore, we find no basis
upon which to recommend favorable action on 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-
2004-00265 in Executive Session on 25 May 2004, under the provisions
of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Mr. James E. Short, Member
Mr. Albert C. Ellett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jan 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 16 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 19 Mar 04.
ROBERT S. BOYD
Panel Chair
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