RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02249
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation, separation code, and reenlistment
(RE) code be changed to permit reentry into the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his separation, he was a 19-year-old kid who was
immature and made a bad choice. He would greatly appreciate the
opportunity to aid his country in the war on terrorism and in Iraq.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the US Air Force on 23 February 2000. On 14
March 2000, his commander notified him that he was recommending his
discharge from the Air Force for fraudulent entry. The basis for the
discharge was that the applicant had indicated on his AF Form 2030,
USAF Drug Certificate, he had used or experimented with marijuana and
never used or possessed any illegal drug or narcotic. On 23 February
2000, he certified he had not used any drug, including marijuana,
since he originally completed the AF Form 2030. On 25 February 2000,
he submitted a urine sample for drug testing. On 10 March 2000, his
specimen was determined positive for marijuana. He acknowledged
receipt of the discharge notification on 14 March 2000 and waived his
rights to counsel and to submit statements. He was subsequently
discharged with an uncharacterized entry-level discharge. He had
served for 28 days at the time of his discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial noting that the applicant provided no
evidence to support his claim. Nor did the applicant identify any
errors or injustices that may have occurred during the processing of
his discharge. DPPRS states that the discharge was consistent with
the procedural and substantive requirements of the discharge
regulation and that it was within the sound discretion of the
discharge authority.
DPPRS’s 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 6
August 2004 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 and
appreciate his desire to serve; however, 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-
2004-02249 in Executive Session on 28 September 2004, under the
provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Terry L. Scott, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jul 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 30 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 04.
CHARLENE M. BRADLEY
Panel Chair
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