RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-01173
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized, entry-level discharge be changed to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In the last form he signed at the Military Entrance Processing Station (MEPS), he truthfully answered “yes” to use of marijuana and illegal narcotics. 

In support of the appeal, applicant provided a DD Form 293 and a copy of his separation documents.

Applicant's complete submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 March 2002 in the grade of basic airman.

On 21 March 2002, the commander notified the applicant that he was recommending a discharge for erroneous enlistment.  Reason for the action was the Air Force allowed him to enter after he disclosed his use of illegal drug/narcotic usage, as evidenced on his AF Form 2030, Drug and Alcohol Abuse Certificate, dated     10 October 2001.  Had this been identified prior to his enlistment, he would not have been allowed to enter.  His MEPS stated his AF Form 2030 was overlooked.  Erroneous enlistment is an enlistment that would not have occurred if the service had known about the condition prior to enlistment and the applicant had not admitted the condition.  The base legal office reviewed the case and found it legally sufficient.  The Discharge Authority approved the separation on 26 March 2002.  The applicant was separated with an entry-level separation (uncharacterized) from the Air Force on 28 March 2002.

The applicant, while serving in the grade of airman basic, was separated from the Air Force on 28 March 2002 under the provisions of AFI 36-3208, Administrative Separation of Airmen (Erroneous Enlistment), with an uncharacterized entry-level separation.  He served 24 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  The Department of Defense (DOD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 March 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 29 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 19 May 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 6 Mar 03.
	Exhibit D.	Letter, AFBCMR, dated 14 Mar 03.