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AF | BCMR | CY2009 | BC-2008-01945
Original file (BC-2008-01945.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01945
                       INDEX CODE:  110.00
                       COUNSEL:  NONE
                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation (Fraudulent  Entry  into  Military
Service/Drug Abuse) be changed to allow him to enlist in the Army.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The narrative reason on  his  DD  Form  214  is  preventing  him  from
enlisting in the Army.  During the last six years he has remained drug
free, matured and wishes to serve his country.   He  would  like  drug
abuse removed from his DD Form 214.

In support of his request, the applicant provided a  copy  of  his  DD
Form 214, Certificate of Release or Discharge  from  Active  Duty,  DD
Form 293, Application for the Review of Discharge from the Armed Force
of the United States, documents extracted from his military  personnel
records and an extract from Army Regulation (AR) 601-210.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 19 Nov 02, the applicant contracted his initial enlistment  in  the
Regular Air Force as an airman basic.

On 9 Dec 02, his commander notified him that he was  recommending  his
discharge from the Air  Force  for  fraudulent  entry.   The  specific
reason the discharge action was that he intentionally concealed  prior
service drug use.  On 12 Jun 02, he completed AF Form 2030, USAF  Drug
Certificate, indicating he had used or experimented with marijuana and
that he had not used or possessed any illegal drug or narcotic.  On 19
Nov 02, he  certified  that  he  had  not  used  any  drug,  including
marijuana since he originally completed the form.  On 21  Nov  02,  he
submitted a urine sample for  drug  testing  and  on  3  Dec  02,  his
specimen tested positive for marijuana.

His commander advised him of his rights in this matter.

The applicant  acknowledged  receipt  of  the  notification  letter,
consulted with counsel and invoked his right to submit  a  statement
in his own behalf.

On 16 Dec 02, a legal review was conducted in which  the  staff  judge
advocate (SJA) recommended separation with an entry-level separation.

On 17 Dec 02, the discharge authority  directed  discharge  with  an
entry-level separation.

The applicant was separated on 30 Dec 02.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS  recommends  denial.    DPSOS   states   based   upon   the
documentation in the applicant's records, they believe  his  discharge
was consistent with the procedural and substantive requirements of the
discharge  regulation;  and  the  discharge  was  within   the   sound
discretion of the discharge authority.  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,  it
would be unfair to the member to characterize that service.

AFPC/DPSOS' complete evaluation is attached at Exhibit C.

AFPC/DPSOA recommends denial.  DPSOA states  the  applicant  concealed
his recent drug use that could have disqualified him from entry.

AFPC/DPSOA's complete evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
24 Oct 08, for review and comment within 30 days.  As of this date, no
response has been received by this office.

_________________________________________________________________

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 an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and the recommendation of the  Air
Force offices of primary responsibility and adopt their  rationale  as
the basis for our conclusion that the applicant has failed to  sustain
his burden of proof  of  the  existence  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-
2008-01945 in Executive Session on 11 Dec 08 under the  provisions  of
AFI 36-2603:

                 Mr. Gregory A. Parker, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Anthony P. Reardon, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 31 May 08, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSOS, dated 8 Sep 08.
      Exhibit D. Letter, HQ AFPC/DPSOA, dated 17 Sep 08.
      Exhibit E. Letter, SAF/MRBR, dated 24 Oct 08.




                             GREGORY A. PARKER
                             Panel Chair

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