RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00170 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His entry-level separation with uncharacterized service for 
fraudulent entry into military service/drug abuse be changed so 
that he may once again enlist. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He tested positive for THC. There had to be some mistake; he 
had not been in contact with THC since his previous visit to the 
Military Entrance Processing Station (MEPS). The Air Force cut-
off for THC was 15, and he tested for THC at 17. 

 

In support of his request, the applicant provides an expanded 
statement. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 16 Nov 10. 

 

On 13 Dec 10, the applicant was notified by his commander of his 
intent to recommend his discharge from the Air Force for 
Fraudulent Enlistment. The specific reason for the action was 
that he intentionally concealed prior service drug usage, which 
if revealed, could have resulted in the rejection of his 
enlistment. Specifically, on 4 May 10, he executed an AF Form 
2030, USAF Drug Certificate, which indicated that he had used or 
experimented with marijuana. Then on 16 Nov 10, he certified 
that he had not used any drugs, including marijuana, since he 
originally completed the 4 May 10 form. However, on 17 Nov 10, 
he submitted a urine sample which tested positive for the 
presence of THC. 

 


On 13 Dec 10, the applicant acknowledged receipt of the action, 
waived his right to consult with legal counsel, and declined to 
submit a statement in his behalf. 

 

On 14 Dec 10, the discharge authority approved the commander’s 
recommendation and directed the applicant’s involuntary 
separation for Fraudulent Enlistment. 

 

On 15 Dec 10, the applicant was furnished an entry-level 
separation with uncharacterized service for Fraudulent 
Enlistment and was credited with no active service. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial, indicating there is no evidence of 
an error or injustice. The applicant has submitted no evidence 
or identified any errors or injustices that occurred in the 
discharge processing. Based on the evidence of record, the 
discharge was consistent with the procedural and substantive 
requirements of the discharge instruction and was within the 
discretion of the discharge authority. Airmen are given entry-
level separation with uncharacterized service when separation is 
initiated in the first 180 days of continuous active service. 
The Department of Defense (DoD) determined it would be unfair to 
the member and the service to characterize a member’s limited 
service when such service is less than 180 days. Therefore, his 
entry-level separation with uncharacterized service was correct 
and in accordance with DoD and Air Force instructions. 

 

A complete copy of the AFPC/DPSOS evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 22 Apr 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 

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. We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we find no evidence of an error or 
injustice that occurred during the discharge process. Based on 
the available evidence of record, it appears the applicant’s 
entry-level separation with uncharacterized service for 
fraudulent enlistment was consistent with the substantive 
requirements of the governing instructions and within the 
commander’s discretionary authority. He has provided no 
evidence which would lead us to believe his entry-level 
separation with uncharacterized service was improper or contrary 
to the provisions of the governing directive. Therefore, absent 
evidence the applicant was not afforded rights to which he was 
entitled, there was an abuse of discretionary authority, or 
appropriate standards were not applied, we find no basis to 
recommend granting the requested relief. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00170 in Executive Session on 27 Sep 11, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 14 Jan 11, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 11 Mar 11. 

 Exhibit D. Letter, SAF/MRBR, dated 22 Apr 11. 

 

 

 

 

 

 Panel Chair