RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01333
INDEX CODE:  112.10 
	XXXXXXXXXXXXXXXXXX			COUNSEL: NONE

								HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  4 November 2008

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APPLICANT REQUESTS THAT: 

His records be changed to reflect a different narrative reason for discharge and a different reenlistment eligibility (RE) code to enable him to reenter military service.  

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APPLICANT CONTENDS THAT:

His entry on active duty was not fraudulent.  He had a negative urinalysis on 5 March 2007, two days before he left for basic training.  

In support of his application, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, his discharge file, and correspondence pertaining to a congressional inquiry.  

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 6 March 2007, the applicant enlisted in the Regular Air Force at the age of 19 in the grade of airman basic (E-1) for a period of six years.  The applicant tested positive for Marijuana Tetrahydrocannabinol (THC) from a urine sample he provided on 8 March 2007.  

On 21 March 2007, his commander notified the applicant he was recommending the applicant for discharge under the provisions of Air Force Policy Directive (AFPD) 36-32 and Air Force Instruction (AFI) 36-3208, Chapter 5, Section 5C, Defective Enlistments, Paragraph 5.15, with the basis of discharge being Fraudulent Entry.  On 23 March 2007, the applicant waived his right to submit a statement in his own behalf.  On 27 March 2007, the Assistant Staff Judge Advocate found the case to be legally sufficient.  On 28 March 2007, the discharge authority approved the applicant’s discharge as an entry-level separation, with a separation code of “JDT”/narrative reason for separation as “Fraudulent Entry into Military Service/Drug Abuse,” a reentry code of “2C” (entry-level separation), and a service characterization of “Uncharacterized.”  

The applicant was discharged effective 2 April 2007.  He served 4 months and 17 days on active duty.  

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AIR FORCE EVALUATION:

AFMOA/SG3OO recommends the applicant’s request be denied.  SG3OO states a forensic urinalysis conducted at the Department of Defense (DoD) certified Air Force Drug Testing Laboratory (AFDTL) detected 41 nanograms (ng) per milliliter (ml) of metabolic product of marijuana in the applicant’s urine.  The confirmation administrative cutoff established by DoD is 15 ng/ml of metabolites strongly suggests that it is not a result of a passive inhalation of secondary marijuana smoke as claimed by the applicant’s father.  The presence of 41 ng/ml of marijuana metabolite indicates an active use of marijuana approximately one to four days prior to 8 March 2007.  

The SG3OO’s evaluation is at Exhibit C.

AFPC/DPPRS recommends denial of the applicant’s request.  DPPRS states based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to his reenlistment eligibility code or narrative reason for separation.  

DPPRS states that airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  The 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.  Therefore, the applicant’s uncharacterized character of service is correct and in accordance with DoD and Air Force instructions. 

The DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 13 July 2007, for review and comment within 30 days (Exhibit E).  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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or an 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 office of primary responsibility and adopt its 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 in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 29 August 2007, under the provisions of AFI 36-2603:

					, Chair
					, Member
					, Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-01333:

    Exhibit A.  DD Form 149, dated 8 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFMOA/SG3OO, dated 4 Jun 07.
    Exhibit D.  Letter, AFPC/DPPRS, dated 13 Jun 07.
    Exhibit E.  Letter, SAF/MRBR, dated 13 Jul 07.

                                   
                                   Chair