RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01037

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed to honorable so that he may reenlist into the Armed Forces.
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APPLICANT CONTENDS THAT:

He would like his discharge changed so he may continue his military career.  He wishes that the Board would not hold this against him.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 15 October 2002 for a term of 4 years. The applicant was involuntarily discharged under the provisions of AFI 36-3208, Administrative Separation of Airmen (fraudulent entry into military service), with service uncharacterized and a reenlistment code (RE) of 2C on 1 November 2002 in the grade of airman basic. He served 17 days of inactive service.

On 28 October 2002, the commander notified the member that he was being discharged for fraudulent entry into the Air Force.  Since the action was initiated within 180 days of service, it was an entry-level discharge.  Basis for the action was that the applicant intentionally concealed prior service drug usage on his AF Form 2030, USAF Drug Certificate.  On 23 October 2002 he executed a Lackland AFB Form 174, indicating he had used marijuana 10 times, September 1998 to January 2000; hallucinogens, 15 times, July 1998 to May 1999; and steroids 3 times, November 1999 to January 2000.  He waived his right to 

legal counsel and did not submit statements.  The case was reviewed by the base legal services and found to be legally sufficient to support the discharge.  The Discharge Authority approved the discharge on 29 October 2002.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated that 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 determined if a member served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize their limited service.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge process.  Additionally, he provided no facts warranting a change in his discharge.  

AFPC/DPPRS complete evaluation is at Exhibit C

AFPC/DPPAE stated that the Reenlistment Eligibility (RE) code of 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” is correct.  On 2 October 2001, the applicant was involuntarily separated with his character of service listed as uncharacterized.  The RE code can be waived on a case-by-case basis and the recruiting needs of the respective service.

AFPC/DPPAE complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 11 July 2003 for review and comment 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 an error or injustice.  After careful consideration of the circumstances of this case and the evidence provided by the applicant, we are not persuaded that the applicant's discharge and the reenlistment code he received were in error or unjust.  The Board notes the discharge and RE code "2C" that the applicant received indicates an uncharacterized entry-level separation for serving less than 6 months of service which would be appropriate considering that the applicant served 17 days of active military service.  While the applicant’s contentions are duly noted, we agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not established that he has 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 a 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-2003-01037 in Executive Session on 21 August 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 22 Apr 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 29 May 03.
	Exhibit D.	Letter, AFPC/DPPAE, dated 3 Jul 03
	Exhibit E.	Letter, SAF/MRBR, dated 11 Jul 03.

		Panel Chair