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 applicants 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 applicants 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
applicants 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. Applicants
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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