RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03801
		INDEX CODE:  110.02, 100.03
		COUNSEL:  

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His narrative reason for separation, the separation program designator (SPD) code and reenlistment eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

The characterization of his discharge has negatively affected his ability to gain employment.  He was emotionally immature and unable to adapt to military life when he enlisted.  He admits to smoking marijuana days prior to reporting for active duty, but states that the emotional strain of being the focus of a pedophile for several years added to his emotional instability. He states that he is gainfully employed, attending college and is now a mature individual.

In support of his request, the applicant submits a personal statement, a letter from his mother, and a letter from his attorney.  

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 1 December 1999 for a term of 4 years.  On 20 December 1999, the applicant was notified by his commander that he was recommending he be discharged for fraudulent entry into the Air Force.  The basis for the action was on 13 September 1999, he indicated on his AF Form 2030, USAF Drug Certificate, that he had used or experimented with marijuana but never used or possessed any illegal drug or narcotic.  Then on 1 December 1999, he certified that he had not used any drug, including marijuana, since originally signing the form.  

On 2 December 1999, he submitted a urine sample that tested positive for marijuana.  He was advised of his rights in this matter.  He acknowledged receipt of the notification on the same day, waived his right to consult counsel, and elected not to submit statements on his own behalf.  The discharge authority approved the discharge of fraudulent entry and ordered an entry-level separation. On 23 December 1999, he was administratively discharged with an uncharacterized entry-level separation, under the provisions of AFI 36-3208, Administrative Separation of Airman, (Fraudulent Entry into Military Service).  Since his enlistment was considered fraudulent, his total active service was non-creditable.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  The discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The applicant did not submit any new evidence or identify any errors of injustices that occurred in the discharge process.  Additionally, the discharge was within the discretion of the discharge authority.

The DPPRS evaluation is at Exhibit C.   

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s attorney submitted a letter and states that the crux of the applicant’s contentions is based upon the traumatic events in his young life; he was emotionally ill equipped to enter the service.  He explained that this vital point was not addressed in the advisory opinion.  He states that the applicant suffered from acute emotional distress caused by the discovery that his surrogate father was in fact a pedophile, who wormed his way into the life of the applicant to seek physical gratification.  

He states that the applicant is not arguing the results of the urinalysis, rather based on the facts and circumstances, whether he should be granted clemency.

Applicant’s complete statement, with attachments, is attached at Exhibit E.

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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 an error or injustice to warrant changing his narrative reason for separation, SPD code and RE code.  In regards to the applicant’s request for clemency, no documentation was provided to the Board, to show a record of satisfactory post service accomplishments.  Typically, clemency would be considered when a person has been separated for a length of time, and provides evidence to substantiate post service accomplishments.  After careful consideration of the available evidence, we found no indication that the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct.  In view of the above, we agree with the opinion and recommendation of the Air Force office 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-2002-03801 in Executive Session on 20 May 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 18 Nov 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 13 Dec 02.
	Exhibit D.	Letter, SAF/MRBR, dated 10 Jan 03.
	Exhibit E.	Letter, Applicant’s Attorney, dated 22 Jan 03.