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AF | BCMR | CY2010 | BC-2010-00263
Original file (BC-2010-00263.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00263 

 INDEX CODE: 110.02 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The narrative reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty be changed 
to allow his entry into the Army. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He admitted to trying marijuana at a young age. He also 
explained the reason why his urinalysis tested positive. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214 and documents extracted from his military personnel 
records. 

 

Applicant's complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 27 Apr 09, the applicant completed AF Form 2030, USAF Drug 
Certificate indicating he had not experimented or used drugs to 
include marijuana. 

 

On 1 Dec 09, the applicant contracted his enlistment in the 
Regular Air Force. 

 

On 18 Dec 09, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for fraudulent 
entry. The specific reason for the discharge action was on 
3 Dec 09, he submitted a urine sample and on 12 Dec 09, his 
sample tested positive for marijuana. 

 

His commander advised him of his rights in this matter. 

 

The applicant acknowledged receipt of the notification of 
discharge and after consulting with legal counsel, invoked his 
right to submit statements in his own behalf. 

 


On 8 Jan 10, the discharge authority directed discharge with an 
uncharacterized entry-level separation. He was discharged on 
8 Jan 10, with a narrative reason for separation of fraudulent 
entry into military service/drug abuse. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial of the applicant’s request to change 
his narrative reason for separation. DPSOS notes airmen are 
given an entry-level separation/uncharacterized service when 
separation is initiated in the first 180 days of continuous 
active service. The Department of Defense (DOD) determined if a 
service member served less than 180 days continuous service, that 
it would be unfair to the member to characterized their limited 
service. DPSOS further notes based on the documentation in the 
applicant’s master personnel record, the discharge was consistent 
with the procedural and substantive requirements of the discharge 
instruction and was within the discretion of the discharge 
authority. Furthermore, the applicant did not submit any 
evidence or identify any errors or injustices that occurred in 
the discharge processing. He has not provided any facts to 
warrant a change in his narrative reason for separation. 

 

The complete AFPC/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 5 Nov 10 for review and comments within 30 days. 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 timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice. After 
careful consideration of the circumstances of this case and the 
evidence provided by the applicant, we are not persuaded that the 
narrative reason for separation should be changed. In this 
respect, we note that discharge process was initiated within the 
the first 180 days of active duty; and that an individual is 
given an entry-level separation with uncharacterized service 
characterization when the separation action commences within the 
first 180 days of continuous active service. It appears that the 


applicant's discharge processing was appropriate and in 
compliance with the governing directives. Applicant’s 
contentions are duly noted; however, we agree with the opinion 
and recommendation of the Air Force office of primary 
responsibility and adopt its rationale as the basis for our 
conclusion that the applicant has failed to sustain his burden of 
proof of the existence of an error or injustice. In this 
respect, the applicant withheld pertinent information regarding 
his pre-service drug use, which if known at the time of 
enlistment may well have precluded his entry on active duty. 
Therefore, in view of the above and 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 Docket 
Number BC-2010-00263 in Executive Session on 7 December 2010, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, 13 Jan 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSOS, 17 Sep 10. 

 Exhibit D. Letter, SAF/MRBR, dated 5 Nov 10. 

 

 

 

 

 

 Panel Chair 

 



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