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AF | BCMR | CY2010 | BC-2009-01776
Original file (BC-2009-01776.doc) Auto-classification: Denied

                            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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