RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00814
INDEX CODE: 112.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 10 SEPTEMBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of 2C be changed to a 1 or a 3.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was only discharged for marijuana. He feels he deserves a second
chance at joining the Navy.
In support of the appeal, applicant submits a copy of his DD Form 214
and a copy of his positive drug testing form.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 26 February 2002 for a
period of six years.
On 15 March 2002, applicant’s commander notified him that he was
recommending discharge from the Air Force for fraudulent entry. The
basis for the commander’s recommendation was that applicant
intentionally concealed prior service drug usage which, if revealed,
could have resulted in rejection of his enlistment. Specifically, on
16 November 2001, applicant executed an AF Form 2030, USAF Drug
Certificate and indicated that he had never used or experimented with
marijuana and never used or possessed any illegal drug or narcotic.
Then on 26 February 2002, he certified that he had not used any drug,
including marijuana since he originally completed this form. On 2
March 2002, he submitted a urine sample to be tested for presence of
drugs. On 8 March 2002, his specimen was determined to be positive
for the marijuana. The commander stated that, had the Air Force known
of his pre-service drug involvement it would have rendered him
ineligible to enlist.
Applicant acknowledged receipt of the notification of discharge and
waived his rights to military legal counsel and to submit statements
in his own behalf. The base legal office reviewed the case file and
found it legally sufficient to support the discharge and recommended
applicant be discharged with an uncharacterized entry-level
separation. The discharge authority approved the separation and
directed that applicant be discharged with 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. RE code
2C indicates involuntarily separated with an honorable discharge; or
entry level separation without characterization of service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/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.
Therefore, they recommend denial of applicant’s request.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 April 2005, 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. The applicant’s RE code had its
basis in his involuntary discharge for fraudulent entry into the
service. The applicant has provided no evidence indicating the
information in his discharge file was erroneous, his rights were
violated, or his commanders abused their discretionary authority.
While the applicant may believe the fact that his RE code bars his
reentry into the service is unfair, his belief does not provide a
sufficient basis to warrant approval of the requested relief.
Accordingly, in the absence of evidence showing his discharge was
erroneous or unjust, we find no basis to favorably consider his
request for a change to his RE code.
_________________________________________________________________
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, BC-
2005-00814, in Executive Session on 22 June 2005, under the provisions
of AFI 36-2603:
Mr. Frederick R. Beaman III, Panel Chair
Mr. James W. Russell III, Member
Ms. B. J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Feb 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 22 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 1 Apr 05.
FREDERICK R. BEAMAN III
Panel Chair
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