RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01712
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of 2C be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like his erroneous RE code to be changed to a better
standing. At the time he indicated he had never used or experimented
with marijuana or any illegal drug or narcotics, he was young and
immature. He would like it changed so he can pursue a career in the
Navy and prove to himself and his family that he has changed for the
better.
Applicant provided a copy of his separation document. Applicant's
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 5 March 2002 in the
grade of airman basic for a period of four years.
On 18 March 2002, applicant’s commander notified him that he was
recommending discharge from the Air Force for fraudulent entry. The
basis for the action was on 16 October 2001 applicant indicated on his
AF Form 2030, USAF Drug Certificate, he had never used or experimented
with marijuana or any illegal drug or narcotics. Then on 5 March
2002, applicant certified that he had not used any drugs since he
originally completed the AF Form 2030. On 13 March 2002, applicant
completed Lackland AFB Form 174, Advice for and Statement of
Preservice Drug Abuser, and indicated the following illegal
involvement with controlled substances: (1) Marijuana, October 1992 –
February 2002, 20 days a month; (2) Stimulants, September 1997 –
October 2001, 10 days a month; (3) Depressants, February 2000 – April
2000, three days a week; Hallucinogens, September 2000 – December
2001, three days a week; and (5) Narcotics, February 2000 – October
2001, 15 days a month. On 18 March 2002, applicant acknowledged
receipt of the notification of discharge and waived his rights to
consult with legal counsel and submit statements in his own behalf.
The base legal office reviewed the case and found it legally
sufficient to support separation. The discharge authority approved
the separation and directed an uncharacterized entry-level separation.
Applicant was separated from the Air Force on 25 March 2002 under the
provisions of AFI 36-3208, Administrative Separation of Airmen
(fraudulent entry into military service/drug abuse), with an
uncharacterized entry-level separation. Since his enlistment was
considered fraudulent, his total active service was non-creditable.
He was assigned a reenlistment eligibility (RE) code of 2C
(Involuntarily separated with an honorable discharge; or entry level
separation without characterization of service).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states that 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 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 identify any errors or
injustices that occurred in the discharge processing nor did he
provide any facts warranting an upgrade in his character of service or
a change to his reenlistment eligibility code. Therefore, they
recommend denial of applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 June 2004, a copy of the Air Force evaluation was forwarded to
the applicant for review and response 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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for the 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 this application in
Executive Session on 25 August 2004, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Terry L. Scott, Member
Mr. Albert C. Ellett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 May 04, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 18 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 25 Jun 04.
MICHAEL K. GALLOGLY
Panel Chair
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