RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-03720
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

Her discharge be upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

Her discharge should be upgraded  since  she  told  her  recruiter  she  had
previously used Lysergic acid diethylamide (LSD) prior to entering  the  Air
Force, and he told her not to disclose the information.

In support of  the  appeal,  applicant  submits  a  copy  of  the  discharge
notification letter, her Enlisted Performance Report closing 16 April  2002,
and documentation verifying her entitlement to the Air  Force  Expeditionary
Medal (AFEM) for her support of Operation SOUTHERN WATCH.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16  August  2000,  for  a
period of 4 years.

On 3 October 2002, the commander notified the applicant  of  his  intent  to
initiate administrative discharge for fraudulent entry.  Specifically,  that
on 20 April 2000, she knowingly made  false  representations  that  she  had
never experimented with, used, or possessed any illegal drug or narcotic  as
declared on her AF Form 2030,  USAF  Drug  and  Alcohol  Abuse  Certificate.
After consulting with legal counsel and being advised  of  her  rights,  she
waived her right to submit statements in her behalf.   The  proposed  action
was  found  legally  sufficient  and  on  10 October  2002,  the   discharge
authority approved the discharge.


On 10 October 2002, she was discharged under the provisions of  AFI  36-3208
(Fraudulent Entry into Military Service, Drug Abuse) and  issued  a  Reentry
Code of 2B.  She completed 2 years, 1 month, and 15 days of active service.

The Air Force Discharge Review  Board  (AFDRB)  considered  and  denied  her
request to upgrade her discharge (Exhibit B).

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AIR FORCE EVALUATIONS:

AFPC/DPSOS recommends denial of  the  applicant’s  request  and  states,  in
part, the document in the applicant’s records supports  the  basis  for  her
discharge.   The  discharge  was  consistent   with   the   procedural   and
substantive requirements of the discharge instruction  and  was  within  the
discretion of the discharge  authority.   Further,  the  applicant  has  not
submitted any evidence  or  identified  any  errors  or  injustices  in  the
discharge processing.  Although she states her recruiter advised her not  to
disclose her prior-service drug use, it remains the  responsibility  of  the
applicant  to  provide  accurate  and  truthful  information  on  her   pre-
enlistment documents.

The AFPC/DPSOS evaluation is at Exhibit C.

AFPC/JA also recommends denial and states, in  part;  the  record  indicates
the applicant knowingly and falsely certified that she had not used  illegal
drugs, which allowed her  to  gain  entry  into  the  Air  Force.   She  now
contends, six years later, the recruiter told her not to disclose her  prior
drug use.  Although she had ample opportunity  to,  and  immediately  after,
her discharge to make and provide evidence to support this  allegation,  she
did not do so.   Therefore,  little  credibility  should  be  given  to  her
assertion.

The AFPC/JA evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 9 January  2009  for  review  and  comments,  within  30  days.
However, 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 injustice. After thoroughly reviewing the  evidence
of record and noting the applicant’s contentions, we are not  persuaded  the
characterization  of  her  discharge  should  be  upgraded.   Although   the
applicant contends she told the recruiter of her prior drug use, i.e.,  LSD,
and he advised her to withhold the information, she has failed to provide  a
statement from the recruiter to  substantiate  this  contention.   Moreover,
the decision of the AFDRB appears to be based on the evidence of record  and
has not been rebutted by the  applicant.   Absent  persuasive  evidence  the
applicant was denied rights  to  which  entitled,  appropriate  instructions
were not followed, or appropriate standards were not  applied,  we  find  no
basis to disturb the existing record.

________________________________________________________________

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  Docket  Number  BC-2008-03720
in Executive Session on 14 May 2009, under the provisions of AFI 36-2603:

                       Mr. Anthony P. Reardon, Panel Chair
                       Mr. Grover L. Dunn, Member
                       Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Oct 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPSOS, dated 3 Nov 08.
    Exhibit D.  Memorandum, AFPC/JA, dated 11 Dec 08.
    Exhibit E.  Letter, SAF/MRBR, dated 9 Jan 09.




                                   ANTHONY P. REARDON
                                   Panel Chair