RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03122 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of “2C” (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to a 1 RE code series that would allow him to reenlist. ________________________________________________________________ APPLICANT CONTENDS THAT: During his discharge process - he was informed that six months after being discharged his RE code would change from a 2C to a 1 code due to his uncharacterized service. The applicant provides no additional documentation in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 18 September 2012. The applicant was notified by his commander of his intent to recommend he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208 (Fraudulent Entry Into Military Service – Drug Abuse). The specific reason was the applicant intentionally concealed prior service drug usage. Specifically, on 21 May 2012, the applicant executed an AF Form 2030 (USAF Drug and Alcohol Abuse Certificate) and indicated he never used or experimented with any illegal drugs. On 18 September 2012, the applicant certified he had not used any illegal drug or narcotic including marijuana since he originally completed the AF Form 2030. On 17 October 2012, the applicant executed a 37 TRW Form 174, (Advice for and Statement of Pre- Service Drug Abuser), and indicated a prior service use of the following controlled substances: marijuana and hashish (June 2011 through May 2012 30 times). Had the Air Force known of his pre-service drug involvement, it would have rendered him ineligible to enlist. He was advised of his rights in this matter and waived his right to consult with counsel and waived his right to submit a statement on his own behalf. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. The discharge authority concurred with the recommendation and directed an entry level separation with an RE code of 2C. The applicant was discharged on 28 November 2012 and was credited with no time served on active duty. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. RE code 2C is required based on the entry level separation with uncharacterized character of service. The applicant does not provide any evidence of an error or injustice in reference to his RE code, but wants to reenter the military. The DPSOA complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 30 August 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit D). 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 injustice. After a thorough review of the evidence of record, we believe that given the circumstances surrounding his separation from the Air Force, the RE code assigned was proper and in compliance with the appropriate instructions. In addition, the applicant has not provided any evidence which would lead us to believe that a change in his record to allow him to reenlist is warranted. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. Therefore, we agree with 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. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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 AFBCMR Docket Number BC-2013-03122 in Executive Session on 11 March 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 June 2013. Exhibit B. DD Form 214 and Discharge Package. Exhibit C. Letter, AFPC/DPSOA, dated 14 August 2013. Exhibit D. Letter, SAF/MRBR, dated 30 August 2013. 2 3 4