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AF | BCMR | CY2005 | BC-2005-00741
Original file (BC-2005-00741.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00741
            INDEX CODE:  110.02

      XXXXXXXXXXXX     COUNSEL: NONE


      XXXXXXXXXXXXXXXX HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  3 SEP 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be given credible service for time served and her narrative reason
for separation, and reenlistment eligibility (RE) code be  changed  to
allow her to join the Air Force Reserves or Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The punishment she received was an injustice, based on  her  excellent
performance and service.

In support of her request, the applicant submits a personal statement,
DD Form 214, Certificate of Release or  Discharge  from  Active  Duty,
documents related to her discharge, a copy of  a  College  Transcript,
and character reference letters from  two  former  supervisors  and  a
close friend.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  1  November  1995,
and was progressively promoted to the rank of staff sergeant.

On 26 May 2004, the applicant was notified by her commander, that  she
was recommending she be discharged from the Air Force  for  fraudulent
entry.  The basis for the action was on 15 December 2003, she admitted
to using methamphetamine no more than five times, prior to joining the
Air Force in a sworn statement; on 25 August 1995, she certified on AF
Form 2030, USAF Drug Abuse Certificate, that  she  never  experimented
with, used, or possessed any dangerous  drug  or  narcotic.   She  did
certify  that  her  drug  use  was  limited  to  experimentation  with
marijuana on  one  occasion.   She  failed  to  disclose  her  use  of
methamphetamine.  On 9 February 1995, she did not disclose her use  of
methamphetamine on DD Form 398-2, DoD National  Agency  Questionnaire.
After entering active duty on 6 December 1995, she  falsified  the  SF
96, Security Clearance Application, by failing to disclose  the  prior
drug abuse.  On 1 December  2000,  she  again  falsified  the  SF  86,
Security Clearance Application,  by  again  failing  to  disclose  the
methamphetamine uses.

She was advised of her rights in this matter and after consulting with
counsel submitted statements in her own behalf.  The base legal office
reviewed  the  case  and  found  it  legally  sufficient  to   support
discharge.   The  discharge  authority  approved  the  discharge   and
directed that applicant be  discharged  with  an  honorable  discharge
without probation and rehabilitation.

She was separated on 18 June 2004, under the  provisions  of  AFI  36-
3208, Administrative Separation  of  Airmen,  (fraudulent  entry  into
military service), with an honorable discharge.  She  received  an  RE
code of 2C “Involuntarily separated with an  honorable  discharge;  or
entry level separation  without  characterization  of  service”.   She
served 8 years, 7 months and 18 days total active service.

On 20 September 2004, the applicant’s DD 214 was corrected to  reflect
no creditable service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states based on the documentation
on file in the master personnel records the discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation.  The discharge was within the discretion of the  discharge
authority.  The applicant did not submit any new evidence or  identify
any errors or injustices that occurred in  the  discharge  processing.
She  provided  no  facts  warranting  creditable  service,  change  of
narrative reason for separation, or change to her RE code.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states she does not dispute  the  facts  in  the  Air  Force
advisory, but asks the Board to consider her time served  as  credible
service, because she  served  over  8  years  with  no  administrative
action.  She requests she be evaluated using the whole-person concept.

She works as a Veterans  Services  Representative  and  continues  her
service by helping our  veterans  and  would  like  to  join  the  Air
National Guard or Reserves after completing her Bachelors Degree.

She concludes by stating, she  hopes  the  Board  will  see  that  the
discharge with no credible service, a permanent marker  of  fraudulent
enlistment and the RE code she received was much too swift and  severe
a punishment for a well-rounded staff sergeant with nearly nine  years
of commendable service.

Her complete response is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice warranting a change  to  her  narrative  for
separation.  Even though the applicant has  provided  no  evidence  to
show that her separation was improper or not in  compliance  with  the
appropriate regulations, it is our opinion that relief  is  warranted.
In this respect, we note that the applicant served honorably for  over
eight years and provided  effective  and  meaningful  service  to  our
nation as a member of the Armed Forces.  Therefore, the Board believes
she should be given credit for the time she served.  In view of  this,
we believe that the narrative reason  for  her  separation  should  be
changed.  Accordingly, we recommend that her records be  corrected  to
the extent indicated below.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice warranting a change to  her  RE
code.  Therefore, in the absence of evidence to the contrary, we  find
no compelling basis to recommend a change in her RE code.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  On 18 June 2004, she was separated under the  provisions  of
AFI 36-3208, paragraph 1.2 (Secretarial Authority), with a  separation
code of “JFF.”

      b.  DD Form 214, Certificate of Release or Discharge From Active
Duty, Block 12C, reflect 8 years, 7 months and 18 days of  net  active
service this period, instead of 00 years, 00 months and 00 days.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
00741 in Executive Session on 26 April 2005, under the  provisions  of
AFI 36-2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Grover L. Dunn, Member


All  members  voted  to  correct  the  record,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Feb 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 3 Mar 05.
      Exhibit D. Letter, SAF/MRBR, dated 11 Mar 05.
      Exhibit E. Letter, Applicant, dated 14 Mar 05.




      B. J. WHITE-OLSON
      Panel Chair
AFBCMR  BC-2005-00741




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the  recommendation  of  the  Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat  116),  it  is
directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXXXXXXX, be corrected to show that:

                       a.  On 18 June 2004, she  was  separated  under
the provisions of AFI 36-3208, paragraph 1.2 (Secretarial  Authority),
with a separation code of “JFF.”

                 b.  DD Form 214, Certificate of Release or Discharge From
Active Duty, Block 12C, reflect 8 years, 7 months and 18 days of net active
service this period, instead of 00 years, 00 months and 00 days.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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