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AF | BCMR | CY1999 | 9900285
Original file (9900285.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00285
            INDEX CODE:  112.00

            COUNSEL:  JAMES B. THOMAS

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to allow him to  reenlist
in the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His involuntary separation was unjust because  he  went  into  the  Alcohol
Treatment Program on his own.  He states there were Air Force  members  who
had failed this treatment  program  two  or  three  times  and  were  given
chances, but he wasn’t given any.  He was unable to  see  the  Air  Defense
Counsel (ADC) face to face to speak with him because he (the  ADC)  was  on
leave.  He had to talk to another lawyer, on the phone, which  he  believes
had a negative bearing on his case.  He believes that had he  been  allowed
to speak with defense counsel face-to-face, he would have been better  able
to communicate and express himself to counsel.

He was informed that no statement showing his  failure  in  the  Air  Force
Rehabilitation Program would be in his records.

In summary, he believes that the punishment of being discharged did not fit
the violation of USAF  regulations  of  which  he  has  been  accused.   He
believes he should have been given a second chance to  seek  more  thorough
treatment for alcoholism as have other people in the same command.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  24  January  1992,  for  a
period of four years.

On 24 May 1994, he was promoted to the grade of senior airman.

On 26 March 1997, applicant was notified by his commander that  involuntary
discharge action had been initiated against  him  for  failure  in  Alcohol
Abuse Treatment.  The commander indicated the reason  for  his  recommended
action was that on 27 February 1997, the Substance Abuse Program  Treatment
Team determined applicant had failed to progress  in  the  Substance  Abuse
Program Tract 4a, outpatient treatment, due  to  his  failure  to  maintain
abstinence as required.  The applicant was afforded  military  counsel  and
elected to submit a statement in his own behalf.  On  24  April  1997,  the
discharge authority approved the recommendation for discharge and  directed
the applicant be furnished an honorable discharge without probation.

The applicant, while serving in the grade of senior airman, was  discharged
from the Air Force on 9 May 1997, under  the  provisions  of  AFI  36-3208,
Administrative Separation of Airmen (Alcohol Rehabilitation Failure),  with
an honorable discharge.  He served 5 years 3  months,  and  16  days  total
active service.  He received an RE code of  “2C”.   RE  code  2C  indicates
involuntarily  separated  with  an  honorable  discharge;  or  entry  level
separation without characterization of service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel Management  Specialist,  AFPC/DPPAES,  reviewed  the
application and states that there are no errors or  irregularities  causing
an injustice to the applicant.  The discharge complies with  directives  in
effect at the  time  of  his  discharge.   The  records  indicate  member’s
military service was reviewed and appropriate action was taken.  Therefore,
they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

The  Special  Programs  and  BCMR  Manager,   AFPC/DPPAES,   reviewed   the
application and states that RE code 2C is correct.  The type  of  discharge
drove assignment of the RE code.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 May 1999, a copy of the Air Force evaluation was forward to applicant
for review and response 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 probable error or injustice.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of 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 23 September 1999 under the provisions of AFI 36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Laurence M. Groner, Member
                       Mr. Edward H. Parker, Member
                       Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:








      Exhibit A. DD Form 149, dated , w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 20 Apr 99.
      Exhibit D. Letter, AFPC/DPPAES, dated 22 Apr 99.
      Exhibit E. Letter, AFBCMR, dated 10 May 99.




                             RICHARD A. PETERSON
                             Panel Chair


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