RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01945
				INDEX CODE:  110.00
				COUNSEL:  NONE
				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His narrative reason for separation (Fraudulent Entry into Military Service/Drug Abuse) be changed to allow him to enlist in the Army.

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APPLICANT CONTENDS THAT:

The narrative reason on his DD Form 214 is preventing him from enlisting in the Army.  During the last six years he has remained drug free, matured and wishes to serve his country.  He would like drug abuse removed from his DD Form 214.

In support of his request, the applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 293, Application for the Review of Discharge from the Armed Force of the United States, documents extracted from his military personnel records and an extract from Army Regulation (AR) 601-210.

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 19 Nov 02, the applicant contracted his initial enlistment in the Regular Air Force as an airman basic.

On 9 Dec 02, his commander notified him that he was recommending his discharge from the Air Force for fraudulent entry.  The specific reason the discharge action was that he intentionally concealed prior service drug use.  On 12 Jun 02, he completed AF Form 2030, USAF Drug Certificate, indicating he had used or experimented with marijuana and that he had not used or possessed any illegal drug or narcotic.  On 19 Nov 02, he certified that he had not used any drug, including marijuana since he originally completed the form.  On 21 Nov 02, he submitted a urine sample for drug testing and on 3 Dec 02, his specimen tested positive for marijuana.

His commander advised him of his rights in this matter.

The applicant acknowledged receipt of the notification letter, consulted with counsel and invoked his right to submit a statement in his own behalf.

On 16 Dec 02, a legal review was conducted in which the staff judge advocate (SJA) recommended separation with an entry-level separation.

On 17 Dec 02, the discharge authority directed discharge with an entry-level separation.

The applicant was separated on 30 Dec 02.  

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS states based upon the documentation in the applicant's records, they believe his discharge was consistent with the procedural and substantive requirements of the discharge regulation; and the discharge was within the sound discretion of the discharge authority.  Air Force policy is that entry-level separations/uncharacterized service characterizations are given to servicemembers who have not completed more than 180 days of continuous active service.  The Department of Defense (DOD) determined if a servicemember served less than 180 days of active service, it would be unfair to the member to characterize that service.

AFPC/DPSOS' complete evaluation is attached at Exhibit C.

AFPC/DPSOA recommends denial.  DPSOA states the applicant concealed his recent drug use that could have disqualified him from entry.

AFPC/DPSOA's complete evaluation is attached 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 24 Oct 08, 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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 opinions and the recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence 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 AFBCMR Docket Number BC-2008-01945 in Executive Session on 11 Dec 08 under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 31 May 08, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPSOS, dated 8 Sep 08.
	Exhibit D.	Letter, HQ AFPC/DPSOA, dated 17 Sep 08.
	Exhibit E.	Letter, SAF/MRBR, dated 24 Oct 08.

					XXXXXXXXXX
					Panel Chair