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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