RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00437

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of “2C” be changed to allow his enlistment into either the Army or Air Force.

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THE APPLICANT CONTENDS THAT:

His discharge was unjust because he was a minor when the reason for his discharge occurred.  In addition, he was the one on his own integrity to bring his fault to the attention of the Air Force.  Moreover, he is now a different person, who has paid for his mistake and wants another chance to serve in the military.

In support of the appeal, the applicant submits his personal statement, a statement from his spouse, and copies of his college transcripts.

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 on 26 November 1997 for a period of four years.

During a Sensitive Compartmented Information (SCI) interview, he admitted to using marijuana 40 times, between May 1995 and 1997.  In addition, he also confessed to using marijuana at age 16, being suspended from high school, being fired from a job in August 1996, and being arrested for possession of marijuana.

On 8 April 1998, the commander recommended the applicant be granted a waiver of discharge action based on his integrity, exemplary performance, and the fact that he was a very solid trainee.  The waiver was denied by the discharge authority on 11 May 1998.

On 19 May 1998, the commander notified him of his intent to initiate his discharge for fraudulent entry.  Specifically, for procuring his enlistment through deliberate, material misrepresentation, omission, or concealment of his pre-service drug abuse, mental health treatment, and school record that, if known at the time of his enlistment or entry into the service, might have resulted in rejection.  He consulted with military counsel and submitted statements in his own behalf.  On 4 June 1998, the Chief, Military Justice, found the case legally sufficient.  On 9 June 1998, the discharge authority approved an entry level separation.

On 19 June 1998, he received an uncharacterized entry-level separation under the provisions of AFI 36-3208 (Fraudulent Entry into Military Service, Drug Abuse), and was issued RE code 2C (Involuntarily separated with an entry level separation without characterization of service).  He was credited with no active service.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, that based on the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days continuous active service.  

The AFPC/DPPRS evaluation is at Exhibit C.

AFPC/DPPAE states that at the time of the applicant’s discharge, he was correctly issued RE code 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service.”

The AFPC/DPPAE evaluation is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluations were forwarded to the applicant on 18 April 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action.  After careful review of the circumstances of the applicant’s uncharacterized entry-level separation for fraudulent enlistment, we found no evidence to indicate that his separation from the Air Force was inappropriate.  Applicant’s assigned RE Code of 2C accurately reflects his involuntary separation.  Nevertheless, after careful consideration of all the facts and circumstances of the applicant’s case, i.e., his desire to enlist into the Army or Air Force, the fact that the incidents occurred while he was a minor, and the fact that his separation was the result of his honesty regarding his prior history of marijuana usage, rather than misconduct, we believe it would be an injustice for him to continue to suffer the adverse effects of the assigned RE Code and narrative reason for separation.  Therefore, we believe he should be afforded a second chance to serve.  Accordingly, we recommend his RE code be changed to 3K, which is a code that can be waived for prior service enlistment consideration, provided he meets all other requirements for enlistment under an existing prior service program.  Whether or not he is successful, however, will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of the service.  We also recommend that the reason for his discharge be changed to “Secretarial Authority” with the corresponding Separation Program Designator (SPD) code of “JFF.”

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 19 June 1998, he received an uncharacterized entry level separation under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority), with a separation code of “JFF” and a Reenlistment Eligibility code of “3K.”

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The following members of the Board considered Docket Number BC-2003-00437 in Executive Session on 5 June 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 4 Mar 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 15 Apr 03.
    Exhibit E.  Letter, SAF/MRBR, dated 18 Apr 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00437

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 19 June 1998, he received an uncharacterized entry level separation under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority), with a separation code of “JFF” and a Reenlistment Eligibility code of “3K.”

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency