RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02810
INDEX 106.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1996 general discharge be upgraded to honorable so he can join the
Air National Guard or the Reserves.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His general discharge was improper because at the time he was an out-
of control alcoholic. He has turned his life around. He has been
sober for over a year and has attended Alcoholics Anonymous (AA)
meetings on a regular basis. He asks for a second chance and an
upgraded discharge to better his life. In support, he provides
character references from his supervisor and others.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 29 June 1994.
On 17 September 1995, he was drunk and disorderly, for which offense
he received an Article 15 (suspended reduction from airman first class
to airman) and was entered into the Substance Abuse Reorientation and
Treatment Program (SART).
On 1 January 1996, he was again drunk and disorderly, for which
offense he received another Article 15 vacating the suspended
reduction.
On 20 February 1996, the squadron commander notified the applicant of
his intent to recommend discharge for minor disciplinary infractions.
Applicant consulted with counsel and submitted written matters. In his
recommendation for discharge letter to the wing commander, the
squadron commander recommended the applicant be placed on probation
and rehabilitation (P&R) due to the applicant’s participation in the
TRACK 3 & 4 program, AA, and the Alcohol Rehabilitation Center (ARC).
The Staff Judge Advocate found the case legally sufficient and
recommended the applicant be given a general discharge, without P&R.
The discharge authority concurred with the legal opinion.
On 16 April 1996, applicant was discharged for misconduct in the grade
of airman with a general characterization of his 1 year, 9 months and
18 days of active service. He received a reenlistment eligibility (RE)
code of “2B” (Involuntarily separated with a general or under-other-
than-honorable conditions discharge).
_________________________________________________________________
AIR FORCE EVALUATION:
After a personal hearing on 3 September 1998, the Air Force Discharge
Review Board (AFDRB) deliberated and denied applicant’s request for an
upgraded discharge on 22 September 1998.
In accordance with established policy, the applicant’s 1997 DD Form
149 appeal package and military personnel records were forwarded to
the Air Force Board for Correction of Military Records (AFBCMR) on 7
October 1998 for further consideration.
A complete copy of the AFDRB Brief is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the AFDRB Brief was forwarded to the applicant on 8
October 1998 for review and comment 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. Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice to warrant partial
relief. With respect to the discharge characterization, the facts and
opinions stated in the AFDRB Brief appear to be based on the evidence
of record. Absent persuasive evidence the applicant was denied rights
to which entitled, appropriate regulations were not followed or
appropriate standards were not applied, we find no basis to alter the
characterization of his service. However, the majority of the Board is
persuaded that an appropriate remedy would be to give the applicant an
RE code from the “3” series. While this series indicates “Conditions
Barring Immediate Reenlistment,” these codes, unlike the “2” series he
is presently in, are “waiverable.” In other words, an RE code from the
“3” series would permit him to apply for enlistment with the Air
National Guard and, should he have desirable skills and is otherwise
acceptable, the Guard may elect to waive his ineligibility and allow
him to enlist. The applicant should understand that this RE code
change in no way obligates any of the Services to accept him for
enlistment. The majority therefore recommends his “2B” RE code be
changed to “3K” (Reserved for use by HQ AFPC or the AFBCMR).
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that, in conjunction with
his general discharge on 16 April 1996, he was issued a reenlistment
eligibility code of “3K,” rather than “2B.”
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 27 April 1999 under the provisions of AFI 36-
2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Ms. Olga M. Crerar, Member
Ms. Dorothy P. Loeb, Member
All members voted to deny upgrading the applicant’s discharge. Ms.
Zarodkiewicz also voted to deny altering his RE code, but does not
wish to submit a Minority Report. The following documentary evidence
was considered:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Sep 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFDRB Brief, dated 22 Sep 98, w/atchs.
Exhibit D. Letter, AFBCMR, dated 8 Oct 98.
PATRICIA J. ZARODKIEWICZ
Panel Chair
AFBCMR 98-02810
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that, in conjunction with
his general discharge on 16 April 1996, he was issued a reenlistment
eligibility code of “3K,” rather than “2B.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
While the RE code assigned to the applicant, at the time, was correct and in accordance with regulation, we believe it would be an injustice for applicant to continue to suffer its effects in the way of enlistment opportunities in the armed forces in view of his accomplishments since leaving the service and the support provided with his application. Accordingly, we recommend that the records be corrected as indicated below. Exhibit B.
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