RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00900 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

He receive credit for his eight years of service and that his 
reentry (RE) code of 2C (involuntarily separated with an 
honorable discharge; or entry level separation without 
characterization of service) be changed to an RE code of 
1J (eligible to reenlist, but elects separation) so that he can 
enlist in the Reserve. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

Even though he was discharged for fraudulent entry, he served 
honorably for eight years on active duty, including three 
deployments to support the efforts of Operation IRAQI FREEDOM 
and should be credited for his service. He needs his service 
time credited so that he can utilize his benefits he signed up 
for through the 9/11 GI Bill. This will help him while he 
attends school. 

 

In addition, he would like the opportunity to again serve his 
country. 

 

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, issued in conjunction with his 2 Dec 2009 discharge; 
copies of his discharge correspondence and other documents from 
his military personnel record. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered active duty on 18 Dec 01 and was 
progressively promoted to the grade of staff sergeant with an 
effective date of 1 Jun 04. 

 


The squadron commander initiated administrative discharge action 
against the applicant, on 19 Oct 09, for fraudulent entry. The 
reason for the proposed action was that the applicant procured a 
fraudulent enlistment or period of military service through 
concealment of the extent and nature of his use of illegal 
narcotics, which was a deliberate, material misrepresentation, 
omission, or concealment that, if known, at the time of 
enlistment or entry into a period of service, might have 
resulted in rejection. The applicant indicated in his 
enlistment paperwork that he had used marijuana once. However, 
on 16 Jul 09, the applicant completed a Personnel Reliability 
Program (PRP) Questionnaire that stated he used marijuana “a lot 
of times” and that he used ecstasy two to four times in 2001, 
for which he received a Letter of Reprimand (LOR). On that same 
date, the applicant acknowledged receipt of the discharge 
notification, and after consulting with counsel, he submitted 
statements in his own behalf. On 28 Oct 09, the applicant 
submitted a conditional waiver of an administrative discharge 
board contingent upon receipt of an honorable service 
characterization. The assistant staff judge advocate found the 
case file legally sufficient to support separation and 
recommended the conditional waiver be accepted and approve the 
applicant’s service be characterized as honorable. On 9 Nov 09, 
the discharge authority accepted the conditional waiver and 
directed the applicant be separated. 

 

The applicant was honorably discharged, on 2 Dec 09, under the 
provisions of AFI 36-3208, for fraudulent entry into military 
service, and a RE code of 2C, with no service credit. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial, stating, in part, based on the 
documentation on file in the master personnel records, the 
discharge was consistent with the procedural and substantive 
requirements of the discharge instruction and was within the 
discretion of the discharge authority. The applicant did not 
submit any evidence or identify any errors or injustices in the 
discharge processing, nor did he provide any facts warranting a 
change to his separation. 

 

In addition, they note in accordance with AFI 36-3208, Separation of Airmen, time spent in an enlistment that is 
determined to be fraudulent and has been specifically terminated 
by reason of fraud is not creditable service and will not be 
entered on the DD Form 214. 

 

The complete AFPC/DPSOS evaluation is at Exhibit C. 

 

AFPC/DPSOA recommends denial, stating, in part, the applicant’s 
RE code is driven by his involuntary separation for fraudulent 


entry into military service with an honorable service 
characterization. 

 

They note the applicant does not state that his RE code is 
wrong, nor does he provide any evidence of an error or injustice 
in reference to his RE code. The applicant cannot be awarded a 
1J RE code because he was not selected for reenlistment by his 
commander under the Selective Reenlistment Program (SRP). 

 

The complete AFPC/DPSOA evaluation is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 15 Oct 10 for review and comment 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 error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinions and recommendation 
of the Air Force offices of primary responsibility and adopt 
their rationale as the basis for our 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2010-00900 in Executive Session on 7 April 2011, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 12 Jul 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 2 Aug 10. 

 Exhibit D. Letter, AFPC/DPSOA, dated 9 Sep 10. 

 Exhibit E. Letter, SAF/MRBR, dated 15 Oct 10. 

 

 

 

 

 Panel Chair