RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00085
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) reentry code (RE) and narrative reason (Fraudulent Entry into the Military Service/Drug Abuse) be changed in order for him to be allowed to reenlist into the military.
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APPLICANT CONTENDS THAT:
He never used drugs and passed several drug tests prior to coming into the Air Force; he passed the same drug tests after he was enlisted. Since being separated from the Air Force, he has tried to enlist into the Army; however, his request to enlist was denied due to his RE code and narrative reason being annotated on his DD Form 214 as drug abuse. He never lied about using drugs when he enlisted into the Air Force and will do whatever it takes to clear up this matter.
In support of his request, he provides a personal statement, a copy of his DD Form 214, and a copy of character letters.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 26 August 2003. On 28 August 2003, the applicant submitted a urine sample to be tested for the presence of drugs IAW the governing AFI. On 10 September 2003, the applicant tested positive for the use of drug(s), specifically marijuana. On 15 September 2003, the applicant was notified by his commander that he was recommending that he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, Chapter 5, Section 5C, Defective Enlistments, Paragraph 5.15, under Basis for Discharge for Fraudulent Entry. The specific reason for this action was for intentionally concealing his prior drug usage. The applicant was advised of his rights in this matter and acknowledged receipt of the notification on that same date. Applicant elected to waive his right to counsel and his right to submit statements on his own behalf. After a legal review of the case file, the Deputy Chief for Adverse Actions found the case legally sufficient. On 29 September 2003, the applicant was discharged with an entry-level separation with character of service as being uncharacterized. He served 1 month and 3 days on active duty in the grade of airman basic (E-1).
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AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states that the applicant certified he had used drugs prior to enlisting into the Air Force; however, once he enlisted he submitted another form in which he certified he had not used drugs prior to entering into the military. Shortly thereafter, the applicant took a urinalysis test and on 10 September 2003, the test results came back positive for drug(s), specifically marijuana. The applicant has not submitted any evidence to support his assertions that he never used drugs or tested positive for a drug.
DPSOS also states the entry-level separation and uncharacterized service characterization is initiated in the first 180 days of continuous active duty service. His discharge was within the Department of Defense (DoD) and Air Force instructions and appropriately characterized his service.
The complete DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states the entry-level discharge and the uncharacterized character of service is correct. Also, the applicant has not provided any evidence to support his request.
The complete DPSOA evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 8 May 2009 for review and comment within 30 days. 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to his requests for correction to his RE code and narrative reason. After careful consideration of the available evidence, we found no indication that the actions taken to effect his discharge were contrary to the provisions of the governing regulations in effect at the time, or were based on factors other than his own misconduct. Therefore, we agree with the opinions and recommendations of the appropriate offices of primary responsibility and adopt the rationale expressed as the basis for our decision that he has failed to sustain his burden of proof that he has suffered either an error or an injustice. In the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2009-00085 in Executive Session on 16 June 2009, under the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 December 2008, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated.1 April 2009.
Exhibit D. Letter, AFPC/DPSOA, dated 23 April 2009.
Exhibit E. Letter, SAF/MRBR, dated 8 May 2009.
Panel Chair
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