RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03283
		INDEX NUMBER:  110.00
	XXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service,” to one that will allow him to reenlist in military service.

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APPLICANT CONTENDS THAT:

He used drugs at a going away party before he entered service and has not used drugs since that time.  He also has not been in any other trouble.

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty on 22 Mar 00.  On 10 Apr 00, the applicant was notified by his commander that he was recommending the applicant’s discharge from the Air Force for fraudulent entry and that if approved, his discharge would be described as an entry level separation and that he would be ineligible for reenlistment in the Air Force.  The reason for the commander’s action was the applicant intentionally concealed prior service drug use, which if revealed, could have resulted in rejection of the applicant’s enlistment.  Specifically, the applicant, on 18 Feb 00, executed an AF Form 2030 (USAF Drug Certificate) and indicated that he used or experimented with marijuana and never used or possessed any illegal drug or narcotic.  On 22 Mar 00, the applicant certified that he had not used any drug, including marijuana, since he originally completed the form.  On 25 Mar 00, the applicant submitted a urine sample, which, on 3 Apr 00, was determined to be positive for marijuana.

The applicant acknowledged receipt of the discharge recommendation on 10 Apr 00 and waived his right to counsel.  On 13 Apr 00, the applicant was discharged from the Air Force with an entry-level separation with uncharacterized service.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge process.

The complete evaluation is at Exhibit C.

AFPC/DPPAE verified that the RE code given the applicant was correct.  They make no recommendation regarding his request.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 14 Feb 03 for review and comment within 30 days.  To date, a response has not been received.

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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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our 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 Docket Number BC-2002-03283 in Executive Session on 15 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 4 Nov 02.
    Exhibit D.  Memorandum, AFPC/DPPAE, dated 3 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 14 Feb 03.