RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00265
		INDEX CODE:  100.03, 100.06

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His narrative reason for separation be changed to fraudulent entry into military service only, his separation program designator code changed to JDA and his reenlistment eligibility (RE) code be changed to allow him to join the Armed Forces.

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APPLICANT CONTENDS THAT:

He made a severe error in judgment that resulted in his being discharged from the Air Force.  He now recognizes how important that error of judgment was, and has tried diligently to become a more honest and productive person and hopes his error in judgment at the age of 18 can be minimized.  He has spoken with various military recruiters and believes he can become a good soldier or marine if given a second chance.

In support of his request, the applicant submitted various memoranda from his discharge package, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and a copy of an AF Form 100, Request and Authorization for Separation.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 12 June 2001, in the grade of airman basic.  On 5 July 2001, his commander notified the applicant he was recommending he be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen (fraudulent entry into military service/drug abuse).  The specific reasons for the action was on 17 November 2000, the applicant indicated on his AF Form 2030, USAF Drug Certificate, that he had not used or experimented with marijuana and never used or possessed any illegal drug or narcotic.  Then on 12 June 2001, he certified that he had not used any drug, including marijuana since originally signing the form.  On 15 June 2001, he submitted a urine sample to be tested for the presence of drugs and his specimen tested positive for marijuana.  The applicant was advised of his rights in the matter.  On 5 July 2001, he acknowledged receipt of the notification, and waived his right to consult counsel, and elected not to submit statements in his own behalf.  The case was reviewed by the base legal office and found to be legally sufficient to support separation.  He was separated from the Air Force on 13 July 2001, with an uncharacterized entry-level separation, and received an RE code of 2C ”Involuntarily separated with an honorable discharge; or entry level separation without characterization of service.”  Since his enlistment was considered fraudulent, his total active service was not creditable.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  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 (DoD) 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.  Applicant did not submit any evidence or identity any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to the character of service or a change to his RE code.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Mar 04 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 a thorough review of the documentation provided and the evidence of record, the Board is of the opinion that given the circumstances surrounding his separation from the Air Force, the RE code, SPD code, and narrative reason assigned to the applicant were proper and in compliance with the appropriate directives.  Applicant has not provided any evidence, which would lead us to believe otherwise.  Therefore, we find no basis upon which to recommend favorable action on 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 AFBCMR Docket Number BC-2004-00265 in Executive Session on 25 May 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jan 04. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 16 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.

                                   Panel Chair