RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01776
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The words “Drug Abuse” be removed from the Narrative Reason for Separation
on his DD Form 214, Certificate of Release or Discharge from Active Duty.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is not a constant drug user and only used drugs once. He was told by
his recruiter not to mention it to anyone.
In support of the application, the applicant submits copies of his DD Form
214, his separation orders and his discharge package.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 7 Apr 09 for a period of
six years. On 8 Apr 09, the applicant answered “No” on his AF Form 2030,
USAF Drug and Alcohol Abuse Certificate, to questions pertaining to drug
experimentation/abuse and submitted a urine sample for drug testing. A
Medical Review Officer Report, dated 20 Apr 09, indicated the applicant
tested positive for THC 44 (Marijuana).
On 24 Apr 09, the applicant’s commander notified the applicant that he was
recommending he be separated from the Air Force under the provisions of Air
Force Policy Directive 36-32 and Air Force Instruction 36-3208, Chapter 5,
Section 5C, for Defective Enlistments, under Basis for Discharge for
Fraudulent Enlistment.
The applicant was advised of his rights. He acknowledged receipt of the
notification, declined legal counsel and waived his right to submit
statements on his own behalf. The commander thereafter initiated a
recommendation for his separation. A legal review of the discharge case
file by the Assistant Staff Judge Advocate was found legally sufficient and
it was recommended the applicant be discharged from service with an entry
level separation. The discharge authority approved the recommended
separation and the applicant was discharged on 29 Apr 09.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states the applicant’s commander
recommended his discharge from the Air Force for intentionally concealing
prior service drug usage, which if revealed, could have resulted in the
rejection of his enlistment.
Based on the documentation on file in the master personnel records, the
applicant’s discharge, separation program designator (SPD) code and
narrative reason for separation were consistent with the procedural and
substantive requirements of the discharge regulation and was within the
discretion of the discharge authority. The SPD codes and narrative reason
for separation descriptions authorized for placement on the DD Form 214 are
standardized and approved by the Department of Defense (DoD) and cannot be
altered or changed. The applicant’s SPD code and narrative reason as it
appears on his DD Form 214 accurately reflect the basis/reason for his
discharge. In addition, he has not submitted any evidence or identified
any error or injustice that occurred in the discharge processing nor has he
provided any facts warranting a change to his narrative reason for
separation.
The complete DPSOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 22 Jan
10, for review and comment within 30 days. As of this date, this office
has received no response (Exhibit D).
_________________________________________________________________
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 error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for the conclusion that
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no 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 BC-2009-01776 in
Executive Session on 30 Mar 10, under the provisions of AFI 36-2603:
Vice Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jun 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOS, dated 3 Jan 10.
Exhibit D. Letter, SAF/MRBR, dated 22 Jan 10.
Vice Chair
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