RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01273
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

He signed his last entry papers thinking that he was clean since he had not smoked anything for six months.  

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 March 2000 in the grade of airman basic.

On 30 March 2000, the applicant’s commander notified him that discharge action had been initiated against him for fraudulent entry into the Air Force.  The commander advised the applicant that if his recommendation was approved, his discharge would be described as an uncharacterized entry-level discharge and he would be ineligible for reenlistment in the Air Force.  He was further advised that the action being taken was because he intentionally concealed prior service drug usage when he executed AF Form 2030, USAF Drug Certificate, on 17 August 1999 and he continued to use drugs while in the Delayed Enlistment Program and tested positive on 27 March 2000.  Had the Air Force known of this history, it would have rendered him ineligible to enlist.  He was advised of his right to consult counsel and to submit statements in his own behalf.  Applicant waived his right to counsel and did not submit a statement in his own behalf.  The discharge authority reviewed the case and approved the discharge for fraudulent enlistment.

The applicant, while serving in the grade of airman basic, was discharged from the Air Force on 5 April 2000 under provisions of AFR 36-3208, Administrative Separation of Airmen (Entry-Level Separation–Fraudulent Entry/Drug Abuse), with an uncharacterized character of discharge.  He was assigned a reenlistment eligibility (RE) code of 2C.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation at the time of his discharge from active duty.  Further, the discharge action was within the discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing, nor provide facts that support changing the reason for his separation.  Therefore, they recommend denial of applicant’s request.

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

AFPC/DPPAE states that the reenlistment eligibility (RE) code of 2C, Involuntarily separated with an honorable discharge; or entry level separation without characterization of service, is correct.

A complete copy of their evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 May 2002, copies of the Air Force evaluations were forwarded to applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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.

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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.

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The following members of the Board considered this application in Executive Session on 11 July 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 2 Apr 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 1 May 02.
	Exhibit D.	Letter, AFPC/DPPAE, dated 20 May 02.
	Exhibit E.	Letter, AFBCMR, dated 24 May 02.