RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02249
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His narrative reason for separation, separation code, and reenlistment (RE) code be changed to permit reentry into the military.

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APPLICANT CONTENDS THAT:

At the time of his separation, he was a 19-year-old kid who was immature and made a bad choice.  He would greatly appreciate the opportunity to aid his country in the war on terrorism and in Iraq.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the US Air Force on 23 February 2000.  On 14 March 2000, his commander notified him that he was recommending his discharge from the Air Force for fraudulent entry.  The basis for the discharge was that the applicant had indicated on his AF Form 2030, USAF Drug Certificate, he had used or experimented with marijuana and never used or possessed any illegal drug or narcotic.  On 23 February 2000, he certified he had not used any drug, including marijuana, since he originally completed the AF Form 2030.  On 25 February 2000, he submitted a urine sample for drug testing.  On 10 March 2000, his specimen was determined positive for marijuana.  He acknowledged receipt of the discharge notification on 14 March 2000 and waived his rights to counsel and to submit statements.  He was subsequently discharged with an uncharacterized entry-level discharge.  He had served for 28 days at the time of his discharge.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial noting that the applicant provided no evidence to support his claim.  Nor did the applicant identify any errors or injustices that may have occurred during the processing of his discharge.  DPPRS states that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and that it was within the sound discretion of the discharge authority.  

DPPRS’s evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 August 2004 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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and appreciate his desire to serve; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their 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.

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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-2004-02249 in Executive Session on 28 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jul 04. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 30 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.