RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03122
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 a 1 RE code series
that would allow him to reenlist.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
During his discharge process - he was informed that six months
after being discharged his RE code would change from a 2C to a
1 code due to his uncharacterized service.
The applicant provides no additional documentation in support of
his appeal.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 18 September
2012.
The applicant was notified by his commander of his intent to
recommend he be discharged from the Air Force under the
provisions of AFPD 36-32 and AFI 36-3208 (Fraudulent Entry Into
Military Service Drug Abuse). The specific reason was the
applicant intentionally concealed prior service drug usage.
Specifically, on 21 May 2012, the applicant executed an AF Form
2030 (USAF Drug and Alcohol Abuse Certificate) and indicated he
never used or experimented with any illegal drugs. On
18 September 2012, the applicant certified he had not used any
illegal drug or narcotic including marijuana since he originally
completed the AF Form 2030. On 17 October 2012, the applicant
executed a 37 TRW Form 174, (Advice for and Statement of Pre-
Service Drug Abuser), and indicated a prior service use of the
following controlled substances: marijuana and hashish (June
2011 through May 2012 30 times). Had the Air Force known of his
pre-service drug involvement, it would have rendered him
ineligible to enlist.
He was advised of his rights in this matter and waived his right
to consult with counsel and waived his right to submit a
statement on his own behalf. In a legal review of the case
file, the staff judge advocate found the case legally sufficient
and recommended discharge. The discharge authority concurred
with the recommendation and directed an entry level separation
with an RE code of 2C. The applicant was discharged on 28
November 2012 and was credited with no time served on active
duty.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. RE code 2C is required based on
the entry level separation with uncharacterized character of
service. The applicant does not provide any evidence of an
error or injustice in reference to his RE code, but wants to
reenter the military.
The DPSOA complete evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 August 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit D). 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 an error or injustice. After a
thorough review of the evidence of record, we believe that given
the circumstances surrounding his separation from the Air Force,
the RE code assigned was proper and in compliance with the
appropriate instructions. In addition, the applicant has not
provided any evidence which would lead us to believe that a
change in his record to allow him to reenlist is warranted. In
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
Therefore, we agree with 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. In the absence of evidence to the contrary,
we find no basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2013-03122 in Executive Session on 11 March 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 June 2013.
Exhibit B. DD Form 214 and Discharge Package.
Exhibit C. Letter, AFPC/DPSOA, dated 14 August 2013.
Exhibit D. Letter, SAF/MRBR, dated 30 August 2013.
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