RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03504
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His narrative reason for separation of fraudulent entry into
military service/drug abuse be changed.
2. His entry-level separation be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He made an unwise decision to use Tetrahydrocannabinol (THC)
Level-46 before departing for Basic Military Training (BMT). He
had a lapse in judgment which he truly regrets. He has
rehabilitated himself through spiritual guidance. He has not
used illegal drugs since his discharge in 2008. He has
disappointed his family as well as himself and is pleading for
another chance at life in the military. If given another chance,
he guarantees that there will be no problems during his
enlistment. He apologizes for his immature action and wishes to
do the very best in everything he does.
The applicant provides no supporting documentation.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 25 Mar 08.
The applicants commander notified him on 14 Apr 08, he was
recommending him for an entry-level separation for intentionally
concealing prior service drug usage, which if revealed, could
have resulted in rejection of his enlistment. Specifically, on
10 Jan 08, the applicant executed AF Form 2030, USAF Drug
Certificate, and indicated he had used or experimented with
marijuana. Then on 25 Mar 08, he certified he had not used any
drug, including marijuana since he originally completed the USAF
Form 2030. However, on 26 Mar 08, the applicant submitted a
urine sample to be tested for the presence of drugs IAW the
governing instructions and the specimen was determined to be
positive for the drug THC. The applicant acknowledged receipt of
the discharge notification. After a legal review, the base legal
office found it legally sufficient. He was counseled and elected
not to submit a statement on his own behalf. He received an
entry-level discharge on 21 Apr08 after serving 27 days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states airman are given an
entry-level separation when separation is initiated in the first
180 days of continuous active service. The Department of Defense
(DoD) determined it would be unfair to the member and the service
to characterize their limited service. The applicant did not
provide any evidence or identify any errors or injustices that
occurred during his discharge processing. Therefore, based on
the documentation on file, the discharge was consistent with
procedural and substantive requirements of the discharge
regulation and was within the discharge authoritys discretion.
The DPSOS complete 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 11 Feb 11 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was time filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. The applicant
requests his uncharacterized entry-level separation and reason
for separation be changed. However, we found no evidence which
would lead us to believe that the applicant's separation or
reason for separation were in error or contrary to the governing
Air Force instructions. Therefore, 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 not been the victim of an error or injustice.
Therefore, in the absence of evidene 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 this application in
Executive Session on 7 Apr 11, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Sep 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 19 Jan 11.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 11.
Panel Chair
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