RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-01594
		INDEX CODE:  110.02
						COUNSEL:  NONE
						HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

1. Her uncharacterized entry-level separation be changed to a general discharge.

2.  Her separation code and narrative reason be changed to show a voluntary separation.

3.  All records pertaining to any admission to use of narcotics other than marijuana or records pertaining to fraudulent entry into military service be removed from any records maintained by the Air Force.

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APPLICANT CONTENDS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty does not accurately reflect the events that took place during her military service.  The information contained in her records will more than likely be reviewed negatively by a third party and does not properly reflect the events or circumstances she was separated under.  She states her recruiter knew she would not have enlisted if she could not attend training to become a registered nurse but he guaranteed it anyway.  In addition, she requests a hearing as expeditious as possible considering the time constraints she faces in regards to her law enforcement certification. 

In support of the application, the applicant submits a personal statement; a letter from her uncle; letters from a counseling psychologist; Pre-Employment Polygraph Report; Driving History; 10 character references; USAF Court of Criminal Appeals Case; Article:  "Vets, Students Standing up Against Recruiters"; excerpts from AFI 36-3208, Administrative Separation of Airmen; copy of GAO-06-846-Report and various certificates.

Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 23 February 1994 for a period of four years.  On 11 March 1994, her commander notified her he was recommending she be discharged from the Air Force for fraudulent entry.  The specific reasons for this action were on 4 March 1994, the applicant indicated illegal involvement with marijuana and narcotics.  The authority for this action was AFR 39-10, Administrative Separation of Airmen, Chapter 5, Section C, paragraph 5-15.  After being advised of her rights, she waived her rights to submit statements in her own behalf and her right to consult counsel.  The base legal services reviewed the case and found it to be legally sufficient to support discharge and recommended an entry-level separation.

On 16 March 1994, she was separated and issued an entry-level uncharacterized separation.  She received an RE code of 2C, “Involuntarily separated with an entry-level separation without characterization of service.”  

She served 1 month and 9 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPRSP recommends denial.  DPPRSP states airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  The Department of Defense (DoD) determined if a member served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize their limited service.  Therefore, her uncharacterized character of service is correct and in accordance with DoD and Air Force instructions.  Based on the documentation on file, her discharge was consistent with the procedural and substantive requirements of the discharge regulation and was with in the discretion of the discharge authority. Additionally, the applicant provided no facts warranting a change in her character of service or narrative reason for separation.

The complete HQ AFPC/DPPRS evaluation is at Exhibit C.

AFPC/JA recommends denial.  JA states based on the dates in her enlistment documents, any misrepresentation made by the recruiter should have been resolved by the AF Form 3005, Guaranteed Aptitude Area Enlistment Agreement-Non-Prior Service-United States Air Force in which she acknowledges she was not guaranteed any specialty.  She acknowledged this understanding before she entered active duty.  In addition, to procure her discharge, the applicant admitted that she lied to procure her enlistment; specifically that she never used drugs.  Now, the applicant purports that she lied with regard to cocaine use to procure her discharge.  Even if given the benefit of the doubt and accept that her only prior drug use was marijuana, not cocaine, a basis for discharge still exists.  The applicant admits she did not disclose to the Air Force her prior marijuana use.  She was administratively discharged for her failure to disclose drug use that she presently acknowledges she failed to disclose.  Relief is not warranted by the record or by her recent admissions.

The complete HQ AFPC/JA evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the memorandum from DPPRS recommending denial of her application is in error.  The memorandum states she signed an AF Form 2030, USAF Drug Certification on 7 December 1993, stating she never previously illegally used or possessed controlled substances.  She did sign the AF Form 2030 as stated; however, she admitted to marijuana use before enlisting in the Air Force.  On 23 Febuary 1994, she completed another AF Form 2030, Recertification at Time of Enlistment, Commissioning, or Appointment, indicating no change in her status since she originally provided this information on the AF Form 2030, dated 7 December 1993.  In addition, she references section I, definitions on AF Form 2030, where it defines a dangerous drug or narcotic as one that is habit forming or has the potential for abuse because of its stimulate depressant, or hallucinogenic effect.  She believes with this definition, marijuana cannot be placed into that category and it is clear that it was not the pre-service marijuana use that disqualified her from enlistment but her fabricated admission to use of a narcotic that procured her discharge from the Air Force.  She states the three forms she provides are closely linked together and very similar but must not be confused for they all have very different meanings. 

The complete response is at (Exhibit F).

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting partial relief.  After a thorough review of the evidence of record along with the applicant's submission we do not find it unreasonable to believe that partial correction to her military records is warranted.  Applicant contends that she lied about cocaine use prior to service in an effort to get out of the Air Force.  While we do not condone such behavior, after taking her post service accomplishments into consideration and taking into account the plausibility of her contention that she was mislead by her recruiter regarding a nursing career, we believe it would be unjust for her to continue to suffer the adverse effects of the narrative reason for her separation and recommend it be changed to reflect Secretarial Authority.  Notwithstanding the above, we are not persuaded that sufficient evidence of an error or injustice exists which would warrant removal of the requested documentation from her records or that her uncharacterized entry-level separation should be changed.  Uncharacterized separation is not an unfavorable reflection upon the applicant's military service nor should it be confused with other types of separation.  Rather, as indicated by the Air Force, an entry-level separation with uncharacterized service is used in those cases where the member has not yet completed six months of service at the time separation proceedings were, for whatever reason, initiated.  Hence, an uncharacterized separation merely connotes the brevity of an individual's membership in the service and may not, in and of itself, be viewed as a defamation of character.  Accordingly, we recommend her records be corrected to the extent indicated below.

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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 16 March 1994 she was separated under the provisions of AFR 39-10, paragraph 1.2 (Secretarial Authority) with a separation code of JFF.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01594 in Executive Session on 12 July 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01594 was considered:

	Exhibit A.	DD Form 149, dated 14 May 07, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated, 30 May 07.
	Exhibit D.	Letter, AFPC/JA, dated, 12 Jun 07.
	Exhibit E .	Letter, SAF/MRBR, dated 15 Jun 07.
	Exhibit F.	Letter, Applicant, dated 18 Jun 07.