RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-01594
            INDEX CODE:  110.02
      XXXXXXX          COUNSEL:  NONE
                                  HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 NOVEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

1. Her uncharacterized  entry-level  separation  be  changed  to  a  general
discharge.

2.  Her separation code and narrative reason be changed to show a  voluntary
separation.

3.  All records pertaining to any admission to use of narcotics  other  than
marijuana or records pertaining to fraudulent entry  into  military  service
be removed from any records maintained by the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty  does
not accurately reflect the events  that  took  place  during  her  military
service.  The information contained in her records will more than likely be
reviewed negatively by a third party and  does  not  properly  reflect  the
events or circumstances she was separated under.  She states her  recruiter
knew she would not have enlisted if she could not attend training to become
a registered nurse but he guaranteed it anyway.  In addition, she  requests
a hearing as expeditious as possible considering the time  constraints  she
faces in regards to her law enforcement certification.

In support of the application, the applicant submits a  personal  statement;
a letter from her  uncle;  letters  from  a  counseling  psychologist;  Pre-
Employment Polygraph Report; Driving History; 10 character references;  USAF
Court of Criminal  Appeals  Case;  Article:   "Vets,  Students  Standing  up
Against Recruiters"; excerpts from AFI  36-3208,  Administrative  Separation
of Airmen; copy of GAO-06-846-Report and various certificates.

Her complete submission, with attachments, is at Exhibit A.

___________________________________________________________________


STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 23 February  1994  for  a
period of four years.  On 11 March 1994, her commander notified her  he  was
recommending she be discharged from the  Air  Force  for  fraudulent  entry.
The specific reasons for this action were on 4  March  1994,  the  applicant
indicated illegal involvement with marijuana and narcotics.   The  authority
for this action was AFR 39-10, Administrative Separation of Airmen,  Chapter
5, Section C, paragraph 5-15.   After  being  advised  of  her  rights,  she
waived her rights to submit statements in her own behalf and  her  right  to
consult counsel.  The base legal services reviewed the case and found it  to
be legally sufficient to support discharge and  recommended  an  entry-level
separation.

On  16  March  1994,  she  was   separated   and   issued   an   entry-level
uncharacterized separation.  She received an RE code of  2C,  “Involuntarily
separated  with  an  entry-level  separation  without  characterization   of
service.”

She served 1 month and 9 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP recommends denial.  DPPRSP states 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 of 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.   Based  on  the  documentation  on  file,  her
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation and was with in the discretion of the  discharge
authority. Additionally,  the  applicant  provided  no  facts  warranting  a
change in her character of service or narrative reason for separation.

The complete HQ AFPC/DPPRS evaluation is at Exhibit C.

AFPC/JA recommends denial.  JA states based on the dates in  her  enlistment
documents, any misrepresentation made by  the  recruiter  should  have  been
resolved by the AF Form 3005, Guaranteed Aptitude Area Enlistment Agreement-
Non-Prior Service-United States Air Force in which she acknowledges she  was
not guaranteed any specialty.  She acknowledged  this  understanding  before
she entered active  duty.   In  addition,  to  procure  her  discharge,  the
applicant admitted that she lied to  procure  her  enlistment;  specifically
that she never used drugs.  Now, the applicant purports that she  lied  with
regard to cocaine use to procure her discharge.  Even if given  the  benefit
of the doubt and accept that her only prior  drug  use  was  marijuana,  not
cocaine, a basis for discharge still exists.  The applicant admits  she  did
not  disclose  to  the  Air  Force  her  prior  marijuana  use.    She   was
administratively discharged for her failure to disclose drug  use  that  she
presently acknowledges she failed to disclose.  Relief is not  warranted  by
the record or by her recent admissions.

The complete HQ AFPC/JA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the memorandum from DPPRS recommending  denial  of  her
application is in error.  The memorandum states she signed an AF Form  2030,
USAF Drug Certification on 7 December 1993,  stating  she  never  previously
illegally used or possessed controlled substances.   She  did  sign  the  AF
Form  2030  as  stated;  however,  she  admitted  to  marijuana  use  before
enlisting in the Air Force.  On 23 Febuary 1994, she  completed  another  AF
Form  2030,  Recertification  at  Time  of  Enlistment,  Commissioning,   or
Appointment, indicating  no  change  in  her  status  since  she  originally
provided this information on the AF Form 2030, dated  7 December  1993.   In
addition, she references section I, definitions on AF Form  2030,  where  it
defines a dangerous drug or narcotic as one that is  habit  forming  or  has
the  potential  for  abuse  because  of   its   stimulate   depressant,   or
hallucinogenic effect.  She believes with this definition, marijuana  cannot
be placed into that category and it is  clear  that  it  was  not  the  pre-
service  marijuana  use  that  disqualified  her  from  enlistment  but  her
fabricated admission to use of a narcotic that procured her  discharge  from
the Air Force.  She states the three forms she provides are  closely  linked
together and very similar but must not be confused for they  all  have  very
different meanings.

The complete response is at (Exhibit F).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice  warranting  partial  relief.   After  a  thorough
review of the evidence of record along with the  applicant's  submission  we
do not find it unreasonable  to  believe  that  partial  correction  to  her
military records is warranted.   Applicant  contends  that  she  lied  about
cocaine use prior to service in an effort to  get  out  of  the  Air  Force.
While we do not  condone  such  behavior,  after  taking  her  post  service
accomplishments into consideration and taking into account the  plausibility
of her contention that she was mislead by her recruiter regarding a  nursing
career, we believe it would be unjust for her  to  continue  to  suffer  the
adverse effects of the narrative reason for her separation and recommend  it
be changed to reflect Secretarial Authority.  Notwithstanding the above,  we
are not persuaded that sufficient evidence of an error or  injustice  exists
which would warrant removal of the requested documentation from her  records
or that  her  uncharacterized  entry-level  separation  should  be  changed.
Uncharacterized  separation  is  not  an  unfavorable  reflection  upon  the
applicant's military service nor should it be confused with other  types  of
separation.   Rather,  as  indicated  by  the  Air  Force,  an   entry-level
separation with uncharacterized service is used in  those  cases  where  the
member has not yet completed six months of service at  the  time  separation
proceedings   were,   for   whatever   reason,   initiated.     Hence,    an
uncharacterized separation merely connotes the brevity  of  an  individual's
membership in the service and may not, in and of  itself,  be  viewed  as  a
defamation  of  character.   Accordingly,  we  recommend  her   records   be
corrected to the extent indicated below.

4.  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 issues  involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 16 March 1994 she  was  separated
under the provisions of AFR 39-10,  paragraph  1.2  (Secretarial  Authority)
with a separation code of JFF.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
01594 in Executive Session on 12 July 2007, under the provisions of AFI  36-
2603:

            Mr. James A. Wolffe, Acting Panel Chair
            Ms. Donna D. Jonkoff, Member
            Ms. Janet I. Hassan, Member


The following documentary evidence pertaining to AFBCMR Docket  Number  BC-
2007-01594 was considered:

      Exhibit A. DD Form 149, dated 14 May 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated, 30 May 07.
      Exhibit D. Letter, AFPC/JA, dated, 12 Jun 07.
      Exhibit E .      Letter, SAF/MRBR, dated 15 Jun 07.
      Exhibit F. Letter, Applicant, dated 18 Jun 07.





                                   JAMES A. WOLFFE
                                   Acting Panel Chair






                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



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Office of the Assistant Secretary

AFBCMR BC-2007-01594




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 XXXXXXX, XXXXXXX, be corrected to show that on 16 March 1994
she was separated under the provisions of AFR 39-10, paragraph 1.2
(Secretarial Authority) with a separation code of JFF.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency