RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00170
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His entry-level separation with uncharacterized service for
fraudulent entry into military service/drug abuse be changed so
that he may once again enlist.
________________________________________________________________
APPLICANT CONTENDS THAT:
He tested positive for THC. There had to be some mistake; he
had not been in contact with THC since his previous visit to the
Military Entrance Processing Station (MEPS). The Air Force cut-
off for THC was 15, and he tested for THC at 17.
In support of his request, the applicant provides an expanded
statement.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants 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 specific reason for the action was
that he intentionally concealed prior service drug usage, which
if revealed, could have resulted in the rejection of his
enlistment. Specifically, on 4 May 10, he executed an AF Form
2030, USAF Drug Certificate, which indicated that he had used or
experimented with marijuana. Then on 16 Nov 10, he certified
that he had not used any drugs, including marijuana, since he
originally completed the 4 May 10 form. However, on 17 Nov 10,
he submitted a urine sample which tested positive for the
presence of THC.
On 13 Dec 10, the applicant acknowledged receipt of the action,
waived his right to consult with legal counsel, and declined to
submit a statement in his behalf.
On 14 Dec 10, the discharge authority approved the commanders
recommendation and directed the applicants involuntary
separation for Fraudulent Enlistment.
On 15 Dec 10, the applicant was furnished an entry-level
separation with uncharacterized service for Fraudulent
Enlistment and was credited with no active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial, indicating there is no evidence of
an error or injustice. The applicant has submitted no evidence
or identified any errors or injustices that occurred in the
discharge processing. Based on the evidence of record, the
discharge was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of the discharge authority. Airmen are given entry-
level separation with uncharacterized service 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 a members limited
service when such service is less than 180 days. Therefore, his
entry-level separation with uncharacterized service was correct
and in accordance with DoD and Air Force instructions.
A complete copy of the 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 22 Apr 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that occurred during the discharge process. Based on
the available evidence of record, it appears the applicants
entry-level separation with uncharacterized service for
fraudulent enlistment was consistent with the substantive
requirements of the governing instructions and within the
commanders discretionary authority. He has provided no
evidence which would lead us to believe his entry-level
separation with uncharacterized service was improper or contrary
to the provisions of the governing directive. Therefore, absent
evidence the applicant was not afforded rights to which he was
entitled, there was an abuse of discretionary authority, or
appropriate standards were not applied, we find no basis to
recommend granting the requested relief.
________________________________________________________________
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-2011-00170 in Executive Session on 27 Sep 11, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jan 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 11 Mar 11.
Exhibit D. Letter, SAF/MRBR, dated 22 Apr 11.
Panel Chair
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