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AF | BCMR | CY2009 | BC-2009-00582
Original file (BC-2009-00582.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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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