RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02563
                       INDEX CODE:  110.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 FEB 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment  eligibility  (RE)  code  and  Narrative  Reason  for
Separation be changed to allow him to reenlist in military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He wishes to enter another branch of service.

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

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STATEMENT OF FACTS:

On 1 July 2003, the  applicant  enlisted  in  the  Regular  Air  Force
(RegAF), as an airman basic (AB) for a period of six years.

On 11 June 2002, the applicant completed an Air Force (AF) Form  2030,
USAF Drug and  Alcohol  Abuse  certificate,  indicating  that  he  had
experimented with marijuana and never used or  possessed  any  illegal
drug or narcotic.  On 1 July 2003, the applicant certified he had  not
used any drug, including marijuana since he originally  completed  the
AF Form 2030.

On 17 July 2003, the applicant’s commander notified the  applicant  of
his intent to recommend him for discharge under the provisions of  Air
Force Instruction (AFI) 36-3208 for fraudulent  entry.   The  specific
reason for the discharge action were:

            On 2 July 2003, the applicant submitted a urine sample for
testing for the presence of drugs.  On 15 July 2003,  the  applicant’s
specimen tested positive for marijuana.

The commander advised the applicant of  his  right  to  consult  legal
counsel, and if he so  desired  an  appointment  would  be  made  upon
request.  He was advised that  failure  to  consult  with  counsel  or
submit statements could constitute a waiver of his rights to do so.

On 17 July 2003, the  applicant  waived  his  right  to  consult  with
counsel and to submit a statement.

The commander indicated in the notification memorandum that had  the
Air Force known of the applicant’s pre-service drug  involvement  it
would have rendered the applicant  ineligible  for  enlistment.   He
further indicated if the discharge was approved the applicant  would
be separated  with  an  entry-level  separation  and  would  not  be
eligible for reenlistment.

On 18 July 2003, a legal review was conducted  in  which  the  staff
judge advocate recommended the applicant be separated with an entry-
level separation.

On 21 July 2003, the discharge authority  approved  the  applicant’s
entry-level separation.

On 28 July 2003, the applicant was separated in the  grade  of  airman
basic under the provisions of AFI 36-3208 for  fraudulent  entry  into
military  service/drug  abuse  with  an  uncharacterized   entry-level
separation.   Since  the   applicant’s   enlistment   was   considered
fraudulent his total active service was non-creditable.  He was issued
an RE code of 2C which denotes he was involuntarily separated with  an
honorable    discharge,    or    entry-level    separation     without
characterization of service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS indicates that  based  upon  the  documentation  in  the
applicant's records his discharge was consistent with  the  procedural
and substantive requirements of the discharge regulation.   Also,  the
discharge was within the sound discretion of the discharge  authority.
The applicant has not provided any evidence or identified  any  errors
or injustices that occurred in the discharge process.

Air  Force  policy  is  that  entry-level  separations/uncharacterized
service characterizations are given to  servicemembers  who  have  not
completed more than  180  days  of  continuous  active  service.   The
Department of Defense (DOD) determined if a servicemember served  less
than 180 days of active service, that it would be unfair to the member
to characterize that service.  The
applicant's uncharacterized service is correct and in accordance  with
DOD and AFIs.   HQ  AFPC/DPPRS  recommends  the  requested  relief  be
denied.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
26 August 2005, for review and response.  As of this date, no response
has been received by this office.

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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  an  injustice  or   an   error.    After   careful
consideration of the circumstances of this case and the  documentation
provided by the applicant, we  are  not  persuaded  a  change  in  the
Narrative Reason for Separation and his RE  code  are  warranted.   In
this respect, the applicant was separated from the Air Force  with  an
uncharacterized entry-level separation based on fraudulent entry  into
military service.  The applicant completed  and  signed  the  AF  Form
2030, USAF Drug and Alcohol Abuse certificate indicating he never used
or possessed  any  illegal  drug  or  narcotic.   The  applicant  then
certified that he had not used  any  drugs  since  he  had  originally
completed the AF Form 2030.   The  applicant  underwent  a  urinalysis
which tested positive for marijuana.  As a  result,  of  the  positive
drug test, the applicant was separated from military service  with  an
uncharacterized entry-level separation.  Based on the documentation in
the applicant's records, it appears the processing of his  entry-level
separation,  with  the  resulting  RE  code,   was   appropriate   and
accomplished in accordance with Air Force policy.  The  applicant  has
not provided persuasive evidence warranting a change in his reason for
separation and RE code.  Therefore, in the absence of evidence to  the
contrary, we find no compelling basis to recommend favorable action on
the relief requested.

_________________________________________________________________

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-
2005-02563  in  Executive  Session  on  3  November  2005  under   the
provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Sue A. Lumpkins, Member
                       Mr. James L. Sommer, Member

The following documentary evidence was considered

      Exhibit A. DD Form 149, dated 6 Jul 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPRS, dated 24 Aug 05.
      Exhibit D. Letter, SAF/MRBR, dated 26 Aug 05.




                             RICHARD A. PETERSON
                             Panel Chair