RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03504 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His narrative reason for separation of “fraudulent entry into military service/drug abuse” be changed. 2. His entry-level separation be changed. _________________________________________________________________ APPLICANT CONTENDS THAT: He made an unwise decision to use Tetrahydrocannabinol (THC) Level-46 before departing for Basic Military Training (BMT). He had a lapse in judgment which he truly regrets. He has rehabilitated himself through spiritual guidance. He has not used illegal drugs since his discharge in 2008. He has disappointed his family as well as himself and is pleading for another chance at life in the military. If given another chance, he guarantees that there will be no problems during his enlistment. He apologizes for his immature action and wishes to do the very best in everything he does. The applicant provides no supporting documentation. His complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 25 Mar 08. The applicant’s commander notified him on 14 Apr 08, he was recommending him for an entry-level separation for intentionally concealing prior service drug usage, which if revealed, could have resulted in rejection of his enlistment. Specifically, on 10 Jan 08, the applicant executed AF Form 2030, USAF Drug Certificate, and indicated he had used or experimented with marijuana. Then on 25 Mar 08, he certified he had not used any drug, including marijuana since he originally completed the USAF Form 2030. However, on 26 Mar 08, the applicant submitted a urine sample to be tested for the presence of drugs IAW the governing instructions and the specimen was determined to be positive for the drug THC. The applicant acknowledged receipt of the discharge notification. After a legal review, the base legal office found it legally sufficient. He was counseled and elected not to submit a statement on his own behalf. He received an entry-level discharge on 21 Apr08 after serving 27 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states airman are given an entry-level separation 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 their limited service. The applicant did not provide any evidence or identify any errors or injustices that occurred during his discharge processing. Therefore, based on the documentation on file, the discharge was consistent with procedural and substantive requirements of the discharge regulation and was within the discharge authority’s discretion. The DPSOS complete 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 11 Feb 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was time filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. The applicant requests his uncharacterized entry-level separation and reason for separation be changed. However, we found no evidence which would lead us to believe that the applicant's separation or reason for separation were in error or contrary to the governing Air Force instructions. Therefore, 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 not been the victim of an error or injustice. Therefore, in the absence of evidene to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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 this application in Executive Session on 7 Apr 11, under the provisions of AFI 36- 2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Sep 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 19 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 11 Feb 11.