RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00263 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The narrative reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty be changed to allow his entry into the Army. _________________________________________________________________ APPLICANT CONTENDS THAT: He admitted to trying marijuana at a young age. He also explained the reason why his urinalysis tested positive. In support of his request, the applicant provides a copy of his DD Form 214 and documents extracted from his military personnel records. Applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 27 Apr 09, the applicant completed AF Form 2030, USAF Drug Certificate indicating he had not experimented or used drugs to include marijuana. On 1 Dec 09, the applicant contracted his enlistment in the Regular Air Force. On 18 Dec 09, the applicant’s commander notified him that he was recommending his discharge from the Air Force for fraudulent entry. The specific reason for the discharge action was on 3 Dec 09, he submitted a urine sample and on 12 Dec 09, his sample tested positive for marijuana. His commander advised him of his rights in this matter. The applicant acknowledged receipt of the notification of discharge and after consulting with legal counsel, invoked his right to submit statements in his own behalf. On 8 Jan 10, the discharge authority directed discharge with an uncharacterized entry-level separation. He was discharged on 8 Jan 10, with a narrative reason for separation of fraudulent entry into military service/drug abuse. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial of the applicant’s request to change his narrative reason for separation. DPSOS notes airmen are given an entry-level separation/uncharacterized service when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DOD) determined if a service member served less than 180 days continuous service, that it would be unfair to the member to characterized their limited service. DPSOS further notes based on the documentation in the applicant’s master personnel record, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. Furthermore, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. He has not provided any facts to warrant a change in his narrative reason for separation. The complete 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 5 Nov 10 for review and comments within 30 days. 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. After careful consideration of the circumstances of this case and the evidence provided by the applicant, we are not persuaded that the narrative reason for separation should be changed. In this respect, we note that discharge process was initiated within the the first 180 days of active duty; and that an individual is given an entry-level separation with uncharacterized service characterization when the separation action commences within the first 180 days of continuous active service. It appears that the applicant's discharge processing was appropriate and in compliance with the governing directives. Applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its 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. In this respect, the applicant withheld pertinent information regarding his pre-service drug use, which if known at the time of enlistment may well have precluded his entry on active duty. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00263 in Executive Session on 7 December 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, 13 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSOS, 17 Sep 10. Exhibit D. Letter, SAF/MRBR, dated 5 Nov 10.