RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 04-00870
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed so he may enlist in the
Army.
________________________________________________________________
APPLICANT CONTENDS THAT:
At the time he enlisted in the Air Force, he was young and immature and had
not put much thought into his enlistment. When he arrived at basic
training, he had second thoughts. He began to miss his family and friends
and could only think about going home. He was ready to do anything to get
home. So he told Air Force officials that he had lied about using drugs.
He made it sound really bad so he would be sure he would be sent home.
This was a big mistake. He is asking for a second chance. He now knows
what he would like to do with his future. He is ready to commit, serve and
dedicate himself to the military.
In support of his request, he submits a personal statement. His complete
submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 6 September 2001, and
was enrolled in Basic Military Training (BMT).
On 26 June 2001, prior to his enlistment in the Regular Air Force,
applicant indicated on an AF Form 2030, USAF Drug and Alcohol Abuse
Certificate, that he had never used or experimented with marijuana, and
that he never experimented with, used, or possessed any illegal drugs or
narcotics. On 18 September 2001, while at BMT, applicant indicated on
Lackland AFB Form 174, Advice For and Statement of Preservice Drug Abuser,
that he had used marijuana, stimulants, hallucinogens and narcotics.
On 24 September 2001, in accordance with AFPD 36-32 and AFI 36-3208,
paragraph 5.15, Fraudulent Enlistment, the commander initiated discharge
proceedings against the applicant. The commander indicated that the
applicant intentionally concealed prior service drug usage, which, if
revealed, could have resulted in rejection of his enlistment. The
applicant was advised of his rights in this matter. Applicant waived his
entitlement to counsel and his right to submit statements in his behalf.
In a legal review of the discharge case file, the assistant staff judge
advocate found it legally sufficient and recommended that the applicant be
discharged from the Air Force with an entry-level separation. On 26
September 2001, the discharge authority directed that the applicant be
discharged from the Air Force with an entry-level separation. Accordingly,
applicant was discharged on 28 September 2001 by reason of “Fraudulent
Entry Into Military Service/Drug Abuse” with a Reenlistment Eligibility
(RE) code of “2C.” He had served 2 months and 8 days on active duty.
Examiner’s Note: RE Code 2C denotes “Involuntary separated with an
honorable discharge; or entry level separation without characterization of
service.”
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied. DPPRS indicates that the
applicant’s uncharacterized service is correct and in accordance with
Department of Defense and Air Force Instructions. Based on the
documentation on file the discharge was consistent with the procedural and
substantive requirements of the discharge regulation. The AFPC/DPPRS
evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 2 April 2004, a copy of the Air Force evaluation was sent to the
applicant for review and comment. As of this date, this office has not
received a response.
________________________________________________________________
THE BOARD CONCLUDES THAT:
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 error or injustice that would warrant a change to his RE code.
Evidence has not been provided that would lead us to believe that the
applicant’s discharge in 2001 was erroneous or unjust. Therefore, we have
no basis to conclude that the corresponding RE code that was assigned at
the time of his separation does not accurately reflect the circumstances of
his separation. In the absence of evidence to indicate that the
information contained in his records is erroneous or that his commander
abused his discretionary authority, 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 probable 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 this application in Executive
Session on 11 May 2004, under the provisions of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Ms. Olga Crerar, Member
Ms. Martha J. Evans, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Feb 04, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 25 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 2 Apr 04.
JOHN L. ROBUCK
Panel Chair
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