RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03777
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His narrative reason for discharge be changed.

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APPLICANT CONTENDS THAT:

He desires to enlist in the Navy.  He was discharged from the Air Force for drug abuse.  He states that he is not a drug abuser and prior to entering the Air Force he passed all drug screening tests.  He indicates that he smoked marijuana at a party prior to entry.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22 January 2002 in the grade of airman basic for a period of four years.

The applicant was notified on 20 February 2002 of his commander's intent to initiate discharge action against him for Fraudulent Entry.

The commander indicated the reason for his proposed action was that the applicant intentionally concealed prior service drug usage, which, if revealed, could have resulted in rejection of his enlistment.  Specifically, on 15 October 2001, the applicant executed an AF Form 2030 (USAF Drug Certificate) and indicated that he had never used or experimented with marijuana and never used or possessed any illegal drug or narcotic.  Then, on 22 January 2002, he certified that he had not used any drug, including marijuana since he originally completed the form.  On 24 January 2002, he submitted a urine sample to be tested for the presence of drugs in accordance with (IAW) AFI 44-120.  On 5 February 2002, his specimen was determined to be positive for the drug marijuana.  Had the Air Force known of his pre-service drug involvement it would have rendered him ineligible to enlist.

The commander advised the applicant of his right to consult legal counsel and submit statements in his own behalf; or waive the above rights after consulting with counsel.

After consulting with counsel, the applicant waived his right to submit statements in his own behalf.

On 21 February 2002, the Assistant Staff Judge Advocate recommended the applicant be separated from the service with an entry-level separation.

On 22 February 2002, the discharge authority approved the applicant’s entry-level separation.

On 27 February 2002, the applicant was separated with an entry-level separation in the grade of airman basic, under the provisions of AFI 36-3208 (Fraudulent Entry Into Military Service/Drug Abuse).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that based upon the documentation in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge 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 process.  Additionally, applicant did not provide any facts warranting a change in his discharge.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 December 2003, a copy of the Air Force evaluation was forwarded to the 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 an error or injustice.  After a thorough review of the evidence of record and applicant’s submission, the discharge appears to be in compliance with the governing AFI and we find no evidence to indicate that his separation from the Air Force was inappropriate.  The applicant’s narrative reason and resulting separation program designator code accurately reflects the reason for his separation and we do not believe he has suffered from an injustice.  In view of the above, we agree with the opinion and recommendation of the Air Force 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.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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 AFBCMR Docket Number BC-2003-03777 in Executive Session on 29 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:
 
   Exhibit A.  DD Form 149, dated 6 November 2003.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 3 December 2003,
               w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 19 December 2003.