RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02998
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His Reenlistment (RE) Code of 2G (Fraudulent Entry into Military Service, Drug Abuse) be changed to allow him to reenlist in the military.
APPLICANT CONTENDS THAT:
It was a severe error not to disclose his one-time experiment with drugs, but he was not trying to falsify information or be dishonest. He honestly did not recognize a one time-experiment was considered usage.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 23 Apr 14. On this date, he certified on the AF Form 2030, USAF Drug and Alcohol Abuse Certificate, that he had not used any drugs, to include marijuana.
On 25 Apr 14, the applicant underwent a urinalysis, and tested positive for THC (marijuana).
On 29 May 14, the applicants commander notified him he was recommending him for discharge for fraudulent enlistment, and that if approved he would be ineligible for reenlistment. The reason for this action was that the applicant intentionally concealed prior service drug usage, which if revealed, could have resulted in rejection of his enlistment. The applicant was notified of his right to consult counsel and to submit a statement on his own behalf.
On 29 May 14, the commander recommended him for an entry level separation (ELS), and the discharge authority directed he be discharged with an ELS with the basis for discharge of fraudulent enlistment.
On 25 Jun 14, the applicant was furnished an ELS, with uncharacterized service, a narrative reason for separation of Fraudulent entry into military service, drug abuse, and an RE code of 2G.
The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. The record shows the applicant tested positive for an illegal substance that was not authorized for medical reasons. Accordingly, it was determined the applicant concealed his prior history of drug usage in order to secure entry into the military. Based on the information contained within the record, fraudulent entry was the correct basis for discharge. The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretionary authority of the discharge authority. The applicant did not identify any error or injustice associated with this discharge.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends denial indicating there is no evidence of an an injustice. At the time of his ELS, the applicant received an erroneous RE code of 2G [Participating in or failed the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) program for drugs, or failed to complete the program.] The correct RE Code he should have received was 2C [Involuntarily separated with an Honorable discharge; or entry level separation without characterization of service]. The applicant admits his error, and does not try to prove any error or injustice, but states this was a one-time experiment with drugs. AFPC/DPSOA is administratively correcting the applicants RE code from 2G to 2C. However, his request for an RE code which would allow him to reenlist should be denied.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 27 Oct 14 for review and comment 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 with respect to the applicants request to change his reentry (RE) code to one that would allow him to re-enlist. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinions and recommendation of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We note that AFPC/DPSOA has determined that the RE code of 2G was issued to the applicant in error and will correct his records to reflect that his RE code is 2C. While we note this correction will not result in the applicant being eligible for re-enlistment, in our view, this constitutes full and fitting relief. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively.
4. The applicants 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 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-2014-02998 in Executive Session on 16 Apr 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02998 was considered:
Exhibit A. DD Form 149, dated 21 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 7 Aug 14.
Exhibit D. Memorandum, AFPC/DPSOA, dated 4 Sep 14.
Exhibit E. Letter, SAF/MRBR, dated 27 Oct 14.
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