AIR FORCE BOARD FOR CORRECTION OF MILITARY RE 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-01 
COUNSEL:  NONE 

HEARING DESIRED:  YES 

APPLICANT REOUESTS THAT: 
His  reenlistment  eligibility  (RE)  code  of  2H  and  general 
discharge be upgraded. 

APPLICANT CONTENDS THAT: . 

He was young and immature and his personal problems impaired his 
ability  to  serve. 
He  was  discharged  for  failure  to  finish 
alcohol  rehabilitation due  to  two  related  incidents of  alcohol 
which occurred off base.  His discharge was too harsh compared to 
today's standards. 

In support  of  his  request, applicant  submits personal  letters, 
character reference letters and  additional documents associated 
with the issues cited in his contentions (Exhibit A). 

STATEMENT OF FACTS: 

Applicant enlisted in the Regular Air Force on 13 August 1992 for 
a period of 4 years.  He was progressively promoted to the grade 
of airman (E-21, effective 13 February 1993. 
On 23 April  1993, applicant received a Letter of Reprimand  (LOR) 
for underage drinking on 18 April 1993. 
On  6 may  1993,  the  applicant  was  entered  in  Track  4  of  the 
Substance Abuse Reorientation and Treatment Program. 

On 22 September 1993,  applicant was notified of his commander's 
intent to impose nonjudicial punishment on him under Article 15, 
UCMJ. 
The  misconduct  applicant  had  allegedly  committed  was 
wrongful  consumption of  alcoholic beverages while under the age 
of  21,  on or about  15  September  1993,  in violation of Article 
134, UCMJ.  The applicant consulted a lawyer, waived his right to 
demand  trial  by  court-martial  and  accepted  nonjudicial 
punishment.  After considering all matters presented to him, the 
commander found that the applicant did commit one or more of the 
The  commander  imposed  punishment  of  a 
offenses  alleged. 

suspended reduction to the grade of  airman basic, forfeiture of 
$100 of  pay  per month  for 2 months  and  15 days of  extra duty. 
Applicant did not appeal the punishment. 

On 30  September 1993,  the applicant declined any further group, 
education  or  contact  from  the  Social  Actions  Office.  He  was 
officially removed from Track 4  for program  failure and entered 
into Track 5 of the Substance Abuse  Reorientation and Treatment 
Program on 30 September 1993. 
On 21 October 1993, applicant was notified that his commander was 
recommending  he  be  discharged  with  a  general  (under honorable 
conditions)  discharge  because  of  failure  in  alcohol  abuse 
rehabilitation.  After consulting counsel, applicant submitted a 
statement  in his  own behalf  requesting an honorable discharge. 
The wing staff judge advocate reviewed the case file and found it 
legally sufficient.  The recommended separation was approved by 
the discharge  authority and, on 27 October  1993,  the applicant 
received a General  (Under Honorable Conditions) discharge under 
the provisions of AFR 39"-10  (Alcohol Rehabilitation Failure).  He 
had completed 1 year, 2 months and 15 days and was serving in the 
grade of airman  (E-2) at the time of discharge.  He received an 
RE Code of 2H, which defined means "Participating in Track 4 or 5 
of the Substance Abuse Reorientation and Treatment  (SART) program 
for alcohol, or has failed to complete Track 4 " .  

AIR FORCE EVALUATION: 

Applicant's request for upgrade of his discharge to honorable was 
denied by the Air Force Discharge Review Board  (AFDRB) on 1 April 
A  copy  of  the  AFDRB  Hearing  Record  is  appended  at 
1998. 
Exhibit C. 

The  Special  Programs and  BCMR  Manager, HQ  AFPC/DPPAES,  stated 
that the RE Code of 2H is correct.  The type of discharge drove 
assignment of the RE code  (Exhibit D). 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

Copies of the AFDRB Hearing Record and Air Force evaluation were 
forwarded to applicant on 13  May  1998  for review and  response. 
As  of  this date, no  response has  been  received by  this office 
(Exhibit E). 

THE BOARD CONCLUDES THAT: 

1.  The applicant has exhausted all remedies provided by existing 
law or regulations. 

2 

98- 01301 

2.  The application was timely filed. 
3 .   Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence of  probable  error  or  injustice.  We 
find  no  impropriety  in  the  characterization  of  applicant's 
discharge. 
It  appears  that  responsible  officials  applied 
appropriate standards in affecting the separation, and we do not 
find persuasive evidence that pertinent regulations were violated 
or  that  applicant  was  not  afforded  all  the  rights  to  which 
entitled at the time of discharge.  In this respect, we note that 
the  applicant's  discharge  for  failure  in  the  alcohol  abuse 
rehabilitation  program  was  the  result  of  his  own  action  to 
decline any further group, education or contact from the Social 
Actions  off ice. 
Consequently,  the  reason  for  applicant's 
discharge correlates to the 2H reenlistment eligibility  (RE) code 
he received.  No evidence has been provided that he completed the 
program prior to his separation.  We therefore conclude that the 
discharge  proceedings  were  proper  and  characterization of  the 
discharge was appropriate to the existing circumstances.  As  to 
the  assertion  that  his  discharge  was  too  harsh  compared  with 
today's standards, we agree with the Air  Force Discharge Review 
Board  (AFDRB) that refusal to complete rehabilitation provides a 
proper basis for a less than fully honorable discharge.  Although 
the  applicant provided  documentation regarding his post-service 
activities and accomplishments, we find this information to be of 
limited  scope. 
In  addition, we  note  that  it  has  only  been 
approximately five years since his discharge.  Hence, we  do not 
consider  the  passage  of  time  sufficiently  lengthy  to  support 
favorably  considering  clemency  in  the  form  of  an  upgraded 
discharge  at  this  time.  In view  of  the  foregoing  and  absent 
persuasive evidence to the contrary, we find no compelling 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  issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered. 

THE BOARD DETERMINES THAT: 

The  applicant be  notified  that  the  evidence presented  did  not 
demonstrate  the  existence  of  probable  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 this application in 
Executive Session on 15 September 1998, under the provisions of 
AFI 36-2603: 

3 

98-01301 

Mrs. Barbara A. Westgate, Panel Chair 
Mr. Allen Beckett, Member 
Mr. Henry Romo Jr., Member 

The following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 21 Oct 9 7 ,   w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C .   AFDRB Hearing Record, dated 1 Apr 98 
Exhibit D.  Letter, HQ AFPC/DPPAES, dated 12 May 98. 
Exhibit E.  Letter, SAF/MIBR, dated 13 May 9 8 .  

BARBARA A. W E S T G ~ E  
Panel Chair 

. 

4 

98-01301 

D E P A R T M E N T  O F  T H E  A I R   FORCE 

H E A D Q U A R T E R S   AIR  FORCE  P E R S O N N E L C E N T E R  

R A N D O L P H   AIR  FORCE  B A S E  T E X A S  

1 2  MAY  1998 

MEMORANDUM FOR  AFBCMR 

FROM:  HQ AFPC/DPPAES 

550 C Street West Ste 10 
Randolph AFB TX  78 150-471 2 

SUBJECT:  Application for Correction of Record 

~ 

We conducted a review of applicant’s case file.  The Reenlistment Eligibility (RE) Code 

“2H’ is correct.  The type of discharge drove assignment of the RE code. 

Special Programs and BCMR Manager 
Dir of Personnel Program Management 

DEPARTMENT  OF  THE  AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

E'D-98-00017 

(Former AMN) 

1 .   MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 9 3 / 1 0 / 2 7   UP AFR 39-10, 
para 5-32  (Alcohol Rehabilitation Failure).  Appeals for Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 7 4 / 0 1 / 0 3 .  
AFQT: N/A  M-85,  A-79, 
Dispatcher. DAS: 9 2 / 1 0 / 2 8 .  

Enlmt Age: 18 5 / 1 2 .  
G-37, 

Disch Age: 1 9   9 / 1 2 .   Educ:  HS DIPL. 
E-62.  PAFSC: 60330  -  Apprentice Vehicle Operator 

b.  Prior Sv: AFRes 9 2 / 0 6 / 1 2   -  9 2 / 0 8 / 1 3  

( 2   months 1 day)(Inactive) 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enld as:  AB 9 2 / 0 8 / 1 3   for  ( 4 )   Yrs. Svd: 1 Yrs 2  Mo 1 5   Das, all AMs. 
b.  Grade Status:  AMN -  9 3 / 0 2 / 1 3  
c.  Time Lost:  none. 
d.  Art 1 5 ' s :  

(1) 93/09/24,  Elmendorf AFB, AK -  Yo1  did, o/a 15 Sep 93, 

wrongfully consume alcoholic beverages while under the 
age of 21 in violation of Alaska Statute Section 
04.16.050,  as made applicable by the Federal 
Assimilative Crimes Act 18  U.S.C. 1 3 .   Rdn to AB  (susp 
til 23  Mar 941,  forfeiture of $100.00  pay per month for 
two months, and fifteen days extra duties.  (No 
appeal) (No mitigation). 

I 

e.  CM:  none. 

f.  Record of SV: none. 

(Discharged from Elmendorf AFB) 

g .   Awards &  Decs:  AFTR, NDSM. 
h.  Stmt of Sv:  TMS:  (1) Yrs  ( 4 )   Mos  ( 1 5 )   Das 
TAMS:  (1) Yrs  ( 2 )   Mos  ( 1 5 )   Das 

4 .   BASIS  ADVANCED  FOR  REVIEW:  Appln  (DD Fin  2 9 3 )   dtd 97/10/21. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF 

ATCHS 

1. Applicant's  Issues. 
2.  Applicant's  Letter to DRB. 
3.  Letter to Senator. 
4.  Letter to Congressman. 
5. Two Letters of Recommendation. 
6. Resume. 
7. Letter  from NPRC. 
8. DD Form  214. 
9. DD Form  149. 

98/01/08/ia 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD98-00017 

(Former AMN) 

S U P P L E M E N T A L  

The following was rec’d in AFDRB, 98/02/05: 

1.  Resume 

2.  Air Force Discharge Review Board Notice w/3 Atchs 

3.  Letter to President, January 27, 1998 

4. Letter to Senator, January 25, 1998 

5.  Letter to Congressman, January 25, 1998 w/l Atch 

6.  Letter to Board for Correction of Air Force Records,  RE: Discharge Upgrade November 6,  1997 

7.  Letter to Board for Correction of Air Force Records, RE:  Discharge upgrade/DD form 293, 

November 6, 1997 

8.  Letter to U. S. Senator, November 8, 1997 

9.  Letter to congressman, November 8, 1997 

10.  Cy of SAFMIBR Letter w/2 Atchs 

1 1.  Letter from National Personnel Records Center, Apr 25 1997 

98/02/1 O/les 

FROM:  3 TRNSS/CC 

21900 2nd St 
Elmendorf AFB AK  99506-3385 

SUBJ:  Notification Letter 

TO : 

1.  I am recommending your discharge from the United States Air Force for 
failure in alcohol abuse rehabilitation.  The authority for this action is AFR 
39-10, Section F, paragraph 5-32.  If my recommendation is approved, your 
service will be characterized as honorable or general.  I am recommending that 
your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 18 Apr 93, you were found under the influence of alcohol.  You were 
also in violation of Article 92 by  failing to obey a lawful general regulation 
punishable under the UCMJ as evidenced by a Letter of Reprimand (LOR), 23 Apr 
93 (Atch 1). 

b.  On 6 May 93, you were entered in Track 4 of the Substance Abuse 
Reorientation and Treatment Program as evidenced by AF Form 2731, date 
annotated 6 May 93 (Atch 2) and AF  Form  2745, dated 6 May 93 (Atch 3). 

c.  On 12 Aug 93, your counselor noted that your participation was 

minimal, that you didn't  attend AA  as required and that once you were sent 
back to your First Sergeant for refusing to do an aesignment. 
handed in your homework assignments late.  This is evidenced by AF Form 2745 
dated 12 Aug 93 (Atch 4). 

Also, you 

d.  On or about 15 Sep 93, you wrongfully consumed alcoholic beverages 

while under the age of 21.  For this offense, you were reduced to the grade of 
airman basic  (euspended), forfeited $100 pay per  month for two months and were 
required to perform 15 days extra duty as evidenced by an Article 15, dtd 
24 Sep 93 (Atch 5). 

e.  On 30 Sep 93, you declined any further group, education or contact 

from the Social Actions Office as evidenced by AF  Form 2746, Substance Abuse 
Reorientation and Treatment Program Case Notes  (Atch 6).  Also,  on 30 Sep 93, 
a Commander's Decision or Intervention Meeting Review (AF  Form  2745) was held. 
On the reverse side of the AF  Form 2745, you comaented on not wanting to go to 
group and that you would go to AA  on your own as evidenced by AF  Form 2745 
(Atch 7).  Additionally, on 30 Sep 93, you were officially removed from 
Track 4 for program failure and entered into Track 5 of the Substance Abuse 
Reorientation and Treatment Program as evidenced by AF Form 2731, annotated on 
30 Sep 93 (see Atch 2). 

Copies of the documents to be forwarded to the separation authority in 
support of this recommendation are attached.  The commander exercising SPcM 
jurisdiction or a higher authority will decide whether you will be discharged 
or retained in the Air Force; and, if you are discharged, how your service 
will be characterized.  If you are discharged, you will be ineligible for 
reenlistment in the Air Force. 

3.  You have the right to consult counsel.  Military legal counsel has been 
obtained to assist you.  I have made an appointment for you to consult Capt 
w ,  -, 
You may consult civilian counsel at your own expense. 

a /  O&  9 3 a t  

at Bldg 6-920, Rm 330 on 

t+oO 

4.  You have the right to submit statement in your own  behalf.  Any statements 
you want the separation authority to consider must reach me by 
unless you request and receive an extension for good cause show*ill 
them to the separation authority. 

send 

5.  If you fail to consult counsel or to submit Statements in your own behalf, 
your failure will constitute a waiver of your right to do so. 

6.  You have been scheduled for a medical examination.  You must report to 3rd 

Aerospace Medicine Squadron, Building 24-850 at 0715 on  2% o&  93  . 

(Fast (drink water only) for 14 hours prior, no alcohol 72 hours prior,  no 
tobacco products 6 hours prior to examination, bring eyeglasses, and contact 
solution if using contacts.  You must be in uniform for the examination.) 

7.  Any personal information you furnish in rebuttal is covered by the Privacy 
Act Statement as explained in AFR 39-10, Attachment 2.  A copy of AFR 39-10 is 
available for your use at your Squadron Orderly Room. 

commander 

USAF 

7 Atchs 
1.  LOR,  23 Apr 93 w/l Atch 
2.  AF Form  2731 
3.  AF  Form  2745,  6 May 93 
4.  AF  Form  2145,  12 Aug 93 
5.  Article 15 w/8 Atch 
6.  AF Form  2746, 30 Sep 93 
7.  AF Form 2745, 30 Sep 93