RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02252
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The Reenlistment (RE) Code, Separation Program Designator (SPD), and Narrative Reason for Separation, on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect she did not abuse drugs. 

APPLICANT CONTENDS THAT:

As printed, her DD Form 214 inaccurately indicates: “Fraudulent Entry Drug Abuse,” “Participating in or failed the Alcohol and Drug Abuse Prevention and Treatment [ADPT] program for drugs, or has failed to complete the ADAPT program.”  These are not accurate statements.  What happened was not “drug abuse,” it was a “one time” use of marijuana while in the Delayed Enlistment Program (DEP), and a mistake on her part to not disclose this to her recruiter.

All she can do now is attempt to fix her mistakes and correct the errors that have been done to her.  She is not even asking for a chance to reenlist in the Air Force although she certainly would not turn down the opportunity.  She has been trying to enlist in the Navy but was rejected due to the nature of her RE code, which she wishes would be rectified so that she may better serve her country.  If this cannot occur, she would at least like to have the errors on her DD Form 214 fixed.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 14 Oct 14.  

On 14 Oct 14, the applicant completed AF IMT 2030, USAF Drug and Alcohol Abuse Certificate, indicating she had never used or experimented with marijuana.  

During the third week of basic training, the applicant provided a statement that she used marijuana in Mar 14 during her DEP.  

On 4 Nov 14, the applicant’s commander submitted to the 737 TRG/CC a “waiver request for Erroneous/fraudulent Enlistment,” as a result of her self-identification of having used marijuana at least one time after signing her AF Form 2030.  The 737 TRG/CC disapproved the waiver request and recommended the applicant be processed for discharge under AFI 36-3208, Administrative Separation of Airmen.

On 14 Nov 14, the applicant’s commander notified her he was recommending her discharge for fraudulent entry.  She acknowledged receipt of the memorandum recommending her discharge.  She indicated she consulted counsel and was waiving her right to submit statements.  

On 21 Nov 14, the 737 TRG/CC approved the applicant's discharge for fraudulent enlistment, entry-level separation.  She was furnished an Entry Level Separation (ELS) discharge, with uncharacterized service, and was credited with eight months, and two days of prior inactive service.  

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DPSOR-SEP recommends denial, indicating there is no evidence of an error or injustice warranting change of the SPD, the narrative reason for separation, and character of service.  Based on documentation on file in the applicant’s master personnel records, her discharge was consistent with the procedural and substantive requirements of the discharge instruction, and was within the discretion of the discharge authority.  Her ELS/uncharacterized service characterization (separation initiated in the first 180 days of continuous active service) is in accordance with DoD and Air Force instructions.  Her SPD code “JDT” (Fraudulent Entry Drug Abuse) is defined as “service initiated discharge directed by established directive when a member procured a fraudulent enlistment, induction or period of military service through deliberate material misrepresentation, omission or concealment of drug use/abuse”.  Although the term “drug use” was not specifically included in the clear-text version of SPD code, it is implied in the translation of the code.  If the board desires, they offered to add the term “drug use” to the narrative reason of the DD Form 214, however, they opine that this addition would not mitigate anything for the applicant, since both the code and narrative reason are correct as is.  

A complete copy of the AFPC/DPSOR-SEP evaluation is at Exhibit C.

AFPC/DPSOA recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice warranting change of the applicant’s RE code.  
Although she was on active duty from 14 Oct 14 to 21 Nov 14, she was not credited with any active service time due to the fraudulent enlistment.  On 21 Nov 14, the 737 TRG/CC approved her for an entry-level separation (ELS) under Defective Enlistment with the basis of discharge of Fraudulent Enlistment.  She received an erroneous RE code on her DD Form 214 of 2G--(Participating in or failed the Alcohol and Drug Abuse Prevention and Treatment [ADPT] program for drugs, or has failed to complete the ADAPT program).  Her correct RE code should be 2C--(Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service), as required by Air Force instruction based on her entry-level separation with uncharacterized character of service. 

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 17 Aug 15 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we are persuaded the applicant is the victim of an error and an injustice.  We note AFPC/DPSOR-SEP’s recommendation of denial for correcting the Separation Program Designator (SPD) code and the narrative reason for separation, as well as the character of service and their comments that the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.  Nonetheless, we are convinced the preponderance of evidence substantiates that corrective action of changing her SPD and the corresponding narrative reason for separation is warranted.  While we note that SPD code JDT is captured on the DD Form 214 as “Fraudulent Entry Drug Abuse” but is defined as “service initiated discharge directed by established directive when a member procured a fraudulent enlistment, induction or period of military service through deliberate material misrepresentation, omission or concealment of drug use/abuse,” we are certain that “Drug Abuse” does not accurately reflect the circumstances of the applicant’s action.  We note that AFPC/DPSOR comments that even though the more accurate term of “drug use” was not specifically included in the clear-text version of SPD code, it is implied in the translation of the code and they are willing to add the term “drug use” to the narrative reason of the DD Form 214, however, this addition would not mitigate anything for the applicant.  While we are convinced the term “drug abuse” is too harsh and unjust, based on the applicant’s one time use of marijuana while in the Delayed Enlistment Program (DEP), we agree with AFPC/DPSOR that adding the term “drug use” to the DD Form 214 would not benefit the applicant.  Regarding the applicant’s request to change her Reentry (RE) code, we find sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting a change of the RE code.  In this respect, we agree with AFPC/DPSOA’s opinion that the 2G RE code is in error and does not accurately reflect the circumstances of the applicant’s entry-level separation (ELS).  We note AFPC/DPSOA indicates that the applicant’s correct RE code should be 2C—“Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service,” as required by Air Force instruction based on her entry-level separation with uncharacterized character of service.  However, based upon our recommendation to correct her SPD code and narrative reason for separation, we believe it appropriate to additionally change her RE code to allow her to apply for reentry to military service.  Whether or not she is successful will depend on the needs of the service and our recommendation in no way guarantees that she will be allowed to return to any branch of service.  Therefore, we recommend the applicant's records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 21 November 2014, she was discharged with a narrative reason for separation of “Secretarial Authority,” Separation Program Designator (SPD) code of “JFF,” and a Reentry (RE) Code of “3K.”  

The following members of the Board considered AFBCMR Docket Number BC-2015-02252 in Executive Session on 24 Feb 16, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02252 was considered:

	Exhibit A.  DD Form 149, dated 27 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR-SEP, dated 8 Jun 15.
	Exhibit D.  Memorandum, AFPC/DPSOA, dated 26 Jun 15.
	Exhibit E.  Letter, SAF/MRBR, dated 17 Aug 15.