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AF | BCMR | CY2013 | BC 2013 03122
Original file (BC 2013 03122.txt) Auto-classification: Denied

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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