RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
01584
                                             INDEX CODE:  100.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES



MANDATORY CASE COMPLETION DATE:  15 NOVEMBER 2006

___________________________________________________________________

APPLICANT REQUESTS THAT:

Any references to drug abuse be expunged from her records and  that
her Reenlistment Eligibility (RE) code be changed from “2C” to “1C”
to permit reentry into the military.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Her drug use was a one-time incident due to peer pressure.

In support of her request, the applicant submits a copy of  her  DD
Form 214, Certificate of Release or Discharge from Active Duty, her
response to the discharge notification, with letters  of  character
references, and a copy of a toxicology report administered on 5 May
05.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18  Nov  04,  for  a
period of four years in the grade of airman basic.

On 3 Dec 04, the AETC commander notified the applicant that he  was
recommending she be discharged from the Air  Force  for  fraudulent
entry.  The basis for the proposed discharge action  was  that  the
applicant  intentionally  concealed  prior  service   drug   usage.
Specifically, on 17 Feb 04, applicant executed  an  AF  Form  2030,
USAF Drug Certificate, indicating she had not used or  experimented
with marijuana and never used or  possessed  any  illegal  drug  or
narcotic.  On 16 Nov 04, applicant certified she had not  used  any
drug, including  marijuana,  since  she  originally  completed  the
AF Form 2030.  On 19 Nov 04, applicant submitted a urine sample  to
be tested for the presence of drugs.  On 3 Dec 04, her specimen was
determined to be positive for marijuana.

On 13 Dec 04,  applicant  acknowledged  receipt  of  the  discharge
notification, that she had consulted with military counsel and  was
submitting statements in  her  own  behalf.   On  17  Dec  04,  the
Assistant  Staff  Judge  Advocate  found  the  case  file   legally
sufficient  to  support  discharge  and  recommended  applicant  be
separated with an entry-level separation.

The discharge authority approved the discharge  and  directed  that
applicant  be  discharged  with  an   uncharacterized   entry-level
separation.

Applicant received an uncharacterized  entry  level  separation  on
22 Dec 04, under the  provisions  of  AFI  36-3208,  by  reason  of
fraudulent enlistment/drug abuse and was issued an RE  Code  of  2C
[involuntarily separated with an entry  level  separation].   Since
her enlistment was considered fraudulent, her total active  service
was non-creditable.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied, and states,  in
part, 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.

Applicant did not submit any evidence or  identify  any  errors  or
injustices that occurred in the discharge processing.  She provided
no facts warranting a change to her reenlistment eligibility code.

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.  Therefore, her uncharacterized
character of service is correct and in accordance with DoD and  Air
Force instructions.

A complete copy of the Air Force evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 Jun 05, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
reply has not been received by this office (Exhibit D).

___________________________________________________________________

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.   After  careful
review of the  evidence  of  record,  it  appears  the  applicant’s
separation was in compliance with the governing instruction and  we
find no evidence to indicate her separation from the Air Force  was
inappropriate.  Her assigned RE Code of 2C accurately reflects  her
involuntary  entry  level  separation   with   an   uncharacterized
character of service.  We find no evidence of error in  this  case,
and after  thoroughly  reviewing  the  documentation  submitted  in
support of applicant’s appeal, we are not persuaded  that  she  has
suffered an injustice.  Therefore, based on the available  evidence
of record, we find no basis upon which to favorably  consider  this
application.

4.  In view of the short period  of  time  that  has  passed  since
applicant’s discharge, we are not inclined to consider  an  upgrade
of her reenlistment code on the basis of  clemency  at  this  time.
After a period of at least 24 months, the Board may be  willing  to
reconsider the applicant’s appeal on the  basis  of  clemency.   At
that time, the applicant should provide evidence of her  activities
since leaving the service.  Post-service information might  include
educational accomplishments, employment history, information  about
her family, contributions to her community, and  current  character
references.

5.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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 Docket Number BC-2005-
01584 in Executive Session on 3 August 2005, under  the  provisions
of AFI 36-2603:

      Ms. Rita S. Looney, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 8 Jun 05.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 05.




                                   RITA S. LOONEY
                                   Panel Chair