RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05111
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Narrative Reason for Separation on her DD 214, Certificate of Release or Discharge from Active Duty, of Fraudulent Entry Into Military Service/Drug Abuse be removed.
_______________________________________________________________
APPLICANT CONTENDS THAT:
She tested positive for marijuana because of her exposure to second hand marijuana smoke. She was a caretaker for her father, who had a medical condition for which he was legally prescribed, and used, medical marijuana in their household. Her military record should not reflect prior drug use on her part.
The applicants complete submission, with attachments, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 21 Jun 10, the applicant signed the AF Form 2030, USAF Drug and Alcohol Abuse Certificate, stating she had never used or experimented with marijuana.
The applicant initially entered the Air Force on 19 Oct 10.
On 19 Oct 10, the applicant again signed the AF Form 2030 stating she had not used marijuana since she originally signed the AF Form 2030 on 21 Jun 10.
On 19 Oct 10, the applicant submitted USMEPCOM Form 601-23-5-R-E stating she had not used marijuana during her DEP enlistment.
On 23 Oct 10, the applicant submitted a urine sample which tested positively for marijuana (THC 28).
On 17 Nov 10, the applicants commander notified her he was recommending her for discharge from the Air Force for fraudulent entry. The reason for this action was that she intentionally concealed drug use prior to service, which if revealed, could have resulted in rejection of her enlistment. The applicant waived her right to legal counsel and to submit statements.
On 19 Nov 10, the discharge authority accepted the commanders recommendation and directed the applicants Entry Level Separation (ELS) with uncharacterized service for Fraudulent Enlistment.
Airmen are given ELS 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 separation is initiated within the first 180 days of active service.
On 22 Nov 10, the applicant was furnished an ELS with uncharacterized service and a narrative reason for separation of Fraudulent Entry into Military Service/Drug Abuse.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. Based on the documentation in the applicants master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.
A complete copy of the AFPC/DPSOR 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 Jan 13 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 concerning the applicants request to remove Fraudulent Entry from her DD Form 214. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. The applicant was well aware of her extensive exposure to marijuana smoke prior to applying to the Air Force and was given ample opportunity to present and discuss her situation with her recruiter and the appropriate personnel at her Military Entry Processing Station (MEPS). She declined to do so. If revealed, her situation could have resulted in rejection of her enlistment. Therefore, the Board believes the applicants actions comply with the definition of fraudulent entry. However, in the interest of justice we feel the phrase Fraudulent Entry into Military Service sufficiently describes her reason for separation, and the stigma of the words drug abuse serves no additional purpose. Therefore, we believe it is in the interest of justice to recommend her record be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that Block 28, Narrative Reason for Separation, of her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to read Fraudulent Entry Into Military Service, rather than Fraudulent Entry Into Military Service/Drug Abuse.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2012-05111 in Executive Session on 18 Jul 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05111 was considered:
Exhibit A. DD Form 149, dated 1 Oct 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 19 Dec 12.
Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13.
Panel Chair
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