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AF | BCMR | CY2006 | BC-2006-02015
Original file (BC-2006-02015.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02015
      INDEX CODE:  110.02
      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  10 JANUARY 2008

________________________________________________________________

APPLICANT REQUESTS THAT:

His  narrative  reason  for  separation  (Fraudulent  Entry  into   Military
Service/Drug Abuse) be removed from his separation document.

________________________________________________________________

APPLICANT CONTENDS THAT:

The false-positive result for THC was not valid.

In  support  of  his  application,   the   applicant   submits   copies   of
correspondence to his congressman, a copy of his  separation  document,  and
copies of documentation from his civilian physician.

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

________________________________________________________________

STATEMENT OF FACTS:

On 5 Apr 2005, prior to  his  enlistment,  the  applicant  indicated,  among
other things, that he had never used or experimented with any illegal  drugs
or narcotics.  Later, he again indicated that he had not  used  any  illegal
drugs since his original submission.

On 25 July 2005, the applicant enlisted in the Air  Force  Reserves  at  the
age of 23 in the grade of airman basic for a period of 6 years.  He did  not
complete basic military training.

On 5 Aug 2005, the applicant indicated on his USAF Drug Certificate  he  had
used marijuana and cocaine on several occasions between Nov 2000  and  April
2005, and Aug 2004 and Jun 2005, respectively.

On 11 Aug 2005, the applicant’s commander notified  the  applicant  that  he
was recommending he be separated from the Air Force under the provisions  of
AFPD 36-32 and AFI 36-3208 for fraudulent entry.  The applicant was  advised
of his rights, waived his right to consult counsel and  declined  to  submit
statements  in  his  own  behalf.   The  commander  thereafter  initiated  a
recommendation for the applicant’s separation.

A legal review of the  discharge  case  file  found  the  file  was  legally
sufficient and recommended that the applicant be separated from the  service
with an entry-level separation.  On 15 Aug  2005,  the  discharge  authority
approved  the  recommended  separation  and  directed   the   applicant   be
discharged for the reasons recommended by his commander.

On 18 Aug 2005, the applicant was discharged under AFI  36-3208,  Fraudulent
Entry into Military Service, Drug  Abuse,  with  an  uncharacterized  entry-
level separation, and an RE code of 2C.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify an arrest record pertaining  to  the  applicant  on  the  basis  of
information furnished (Exhibit D).

________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   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, and the discharge was within  the  discretion  of  the
discharge   authority.    DPPRS   notes   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 determined if a member served less than  180  days  of
continuous active service it would be unfair to the member and  the  service
to characterize their limited service.  DPPRS states the applicant  did  not
submit any evidence or identify any errors or injustices  that  occurred  in
the discharge processing, and did not provide any facts warranting a  change
to the character of service or his reenlistment eligibility code.

The complete DPPRS 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 22  Oct
2006 for review and comment.  As of this date, this office has  received  no
response.

________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its 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-2006-
02015 in Executive Session on 21 November 2006, under the provisions of  AFI
36-2603:

                  Mr. Michael J. Novel, Panel Chair
                  Ms. Patricia R.Collins, Member
                  Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Sep 06, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, 23 Aug 06.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 06.



                                   MICHAEL J. NOVEL
                                   Panel Chair

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