RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00582
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His uncharacterized entry level separation be changed to a
general (under honorable conditions) discharge.
2. His narrative reason for separation (Fraudulent Entry into
Military Service/Drug Abuse) be changed.
3. His reentry (RE) code of 2C (Involuntarily separated with
an entry level separation without characterization of service) be
changed to permit reentry into the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had his appendix removed while at basic military training
(BMT) and was placed on medical hold. He hated being there, so
he lied about his past, and said he had used drugs. He has never
used drugs in his life.
He would like to enlist in the Navy, but needs his RE code
changed.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force on 15 Jan 08.
On 25 Feb 08, the applicant was notified by his commander that he
was recommending his discharge from the Air Force for fraudulent
entry. The basis for the proposed discharge was the applicant
intentionally concealed prior service drug usage, which if
revealed, could have resulted in the rejection of his enlistment.
Specifically, on 3 Oct 07, the applicant executed an AF Form
2030, USAF Drug and Alcohol Abuse Certificate, indicating that he
had not used or experimented with marijuana and never used or
possessed any illegal drug or narcotic. On 15 Jan 08, he
certified that he had not used any drug, including marijuana,
since he originally completed the AF Form 2030. On 20 Feb 08,
the applicant admitted to a drug abuse officer about his prior
involvement with controlled substances. He executed an LAFB Form
174, where he admitted to repeated use of marijuana between Mar
04 and Nov 07, and on or about Feb 06, he used hallucinogens on
two occasions.
Applicant acknowledged receipt of the discharge notification,
waived his right to counsel, and declined to submit statements in
his own behalf.
On 26 Feb 08, the base legal office found the case file legally
sufficient to support the separation. The discharge authority
approved the separation and the applicant was discharged by
reason of fraudulent entry into military service/drug abuse, and
was issued a RE code of 2C (involuntarily separated with an entry
level separation without characterization of service). Since his
enlistment was considered fraudulent his total active service was
non-creditable.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states that based on the
documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the
discretion of the discharge authority. The applicant did not
submit any evidence or identify any errors or injustice that
occurred in the discharge processing. Additionally, he provided
no facts warranting a change to his narrative reason for
separation.
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 continuous
active service, it would be unfair to the member and the service
to characterize their limited service. Therefore, his
uncharacterized character of service is correct and in accordance
with DoD and Air Force instructions.
The complete DPSOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Aug 09, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant has provided no evidence showing that his separation
and RE codes are in error or contrary to the prevailing
instruction. The applicants discharge appears to be in
compliance with the governing instruction and we find no evidence
to indicate that his separation was inappropriate. Therefore,
his uncharacterized character of service is correct and in
accordance with DoD and Air Force instructions. The RE code
which was issued at the time of applicants separation accurately
reflects the circumstances of his separation and we do not find
this code to be in error or unjust. While RE code 2C indicates
Conditions Barring Immediate Reenlistment, we note the Navy may
elect to waive his ineligibility and allow him to enlist if they
so desire. Therefore, in the absence of persuasive evidence to
the contrary, we adopt the rationale provided by the Air Force
office of primary responsibility as the basis for our conclusion
the applicant has not been the victim of an error or injustice
and conclude that no basis exists 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 Docket Number
BC-2009-00582 in Executive Session on 15 Oct 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2009-00582 was considered:
Exhibit A. DD Form 149, dated 2 Mar 09, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 27 Jul 09.
Exhibit D. Letter, SAF/MRBR, dated 21 Aug 09.
Panel Chair
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