RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01712
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2C be changed.

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APPLICANT CONTENDS THAT:

He would like his erroneous RE code to be changed to a better standing.  At the time he indicated he had never used or experimented with marijuana or any illegal drug or narcotics, he was young and immature.  He would like it changed so he can pursue a career in the Navy and prove to himself and his family that he has changed for the better.

Applicant provided a copy of his separation document.  Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 March 2002 in the grade of airman basic for a period of four years.

On 18 March 2002, applicant’s commander notified him that he was recommending discharge from the Air Force for fraudulent entry.  The basis for the action was on 16 October 2001 applicant indicated on his AF Form 2030, USAF Drug Certificate, he had never used or experimented with marijuana or any illegal drug or narcotics.  Then on 5 March 2002, applicant certified that he had not used any drugs since he originally completed the AF Form 2030.  On 13 March 2002, applicant completed Lackland AFB Form 174, Advice for and Statement of Preservice Drug Abuser, and indicated the following illegal involvement with controlled substances:  (1) Marijuana, October 1992 – February 2002, 20 days a month; (2) Stimulants, September 1997 – October 2001, 10 days a month; (3) Depressants, February 2000 – April 2000, three days a week; Hallucinogens, September 2000 – December 2001, three days a week; and (5) Narcotics, February 2000 – October 2001, 15 days a month.  On 18 March 2002, applicant acknowledged receipt of the notification of discharge and waived his rights to consult with legal counsel and submit statements in his own behalf.  The base legal office reviewed the case and found it legally sufficient to support separation.  The discharge authority approved the separation and directed an uncharacterized entry-level separation.

Applicant was separated from the Air Force on 25 March 2002 under the provisions of AFI 36-3208, Administrative Separation of Airmen (fraudulent entry into military service/drug abuse), with an uncharacterized entry-level separation.  Since his enlistment was considered fraudulent, his total active service was non-creditable.  He was assigned a reenlistment eligibility (RE) code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service).

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AIR FORCE EVALUATION:

AFPC/DPPRS states that 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 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 identify any errors or injustices that occurred in the discharge processing nor did he provide any facts warranting an upgrade in his character of service or a change to his reenlistment eligibility code.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 June 2004, 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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the 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 this application in Executive Session on 25 August 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 13 May 04, w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 18 Jun 04.
	Exhibit D.	Letter, SAF/MRBR, dated 25 Jun 04.