Search Decisions

Decision Text

AF | BCMR | CY2010 | BC-2010-03504
Original file (BC-2010-03504.txt) Auto-classification: Denied
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 applicant’s 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 authority’s 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 



Similar Decisions

  • AF | BCMR | CY2009 | BC-2009-00582

    Original file (BC-2009-00582.txt) Auto-classification: Denied

    The applicant has provided no evidence showing that his separation and RE codes are in error or contrary to the prevailing instruction. Therefore, in the absence of persuasive evidence to the contrary, we adopt the rationale provided by the Air Force office of primary responsibility as the basis for our conclusion the applicant has not been the victim of an error or injustice and conclude that no basis exists to recommend granting the relief sought in this application. ...

  • AF | BCMR | CY2011 | BC-2011-00170

    Original file (BC-2011-00170.txt) Auto-classification: Denied

    ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 16 Nov 10. On 13 Dec 10, the applicant was notified by his commander of his intent to recommend his discharge from the Air Force for Fraudulent Enlistment. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00170 in Executive...

  • AF | BCMR | CY2010 | BC-2009-01776

    Original file (BC-2009-01776.doc) Auto-classification: Denied

    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...

  • AF | BCMR | CY2009 | BC-2008-01945

    Original file (BC-2008-01945.doc) Auto-classification: Denied

    In support of his request, the applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 293, Application for the Review of Discharge from the Armed Force of the United States, documents extracted from his military personnel records and an extract from Army Regulation (AR) 601-210. On 9 Dec 02, his commander notified him that he was recommending his discharge from the Air Force for fraudulent entry. AFPC/DPSOA's complete evaluation is...

  • AF | BCMR | CY2012 | BC-2012-01513

    Original file (BC-2012-01513.pdf) Auto-classification: Approved

    DOCKET NUMBER: BC-2012-01513 COUNSEL: NONE HEARING DESIRED: YES RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His discharge waiver package for fraudulent entry be waived so that he can reenlist. Had the Air Force known of the applicant's pre- service drug involvement, it could have rendered him ineligible to enlist. While we note the applicant’s stated...

  • AF | BCMR | CY2010 | BC-2010-00904

    Original file (BC-2010-00904.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00904 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of “2C” (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to allow him to reenter the military. ...

  • AF | BCMR | CY2004 | BC-2004-00870

    Original file (BC-2004-00870.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 04-00870 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be changed so he may enlist in the Army. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 6 September 2001,...

  • AF | BCMR | CY2007 | BC 2007 03767

    Original file (BC 2007 03767.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03767 INDEX CODE: 100.06 COUNSEL: AMERICAN LEGION HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: His narrative reason for separation and reentry (RE) codes on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed so that he can serve again in the military. In support of his request,...

  • 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. Furthermore, the applicant did not submit any evidence or identify any errors...

  • AF | BCMR | CY2011 | BC-2011-02724

    Original file (BC-2011-02724.txt) Auto-classification: Denied

    On 08 February 2005, the applicant was notified of his commander’s intent to discharge him for defective enlistment: fraudulent entry into military service. His service was “uncharacterized” and his narrative reason for separation was listed as “Fraudulent Entry into Military Service.” The remaining relevant facts pertaining to this application extracted from the applicant’s military personnel records are contained in the letters prepared by the appropriate offices of the Air Force...