Search Decisions

Decision Text

AF | BCMR | CY1999 | 9900744
Original file (9900744.DOC) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00744
            INDEX NUMBER:  100.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) Code of 2H be changed so that he can
join the Air National Guard or Reserves or reenter on active duty.

___________________________________________________________________

APPLICANT CONTENDS THAT:

In February 1997, he was  involved  in  an  accident  after  drinking.
Because of this incident, he  was  placed  into  the  Substance  Abuse
Reorientation and Treatment (SART) program.  He did  not  hesitate  to
join the program because he accepted any and all consequences  due  to
his irresponsible action.

He was also informed that if he did well in the program, he  would  be
granted permission to graduate early because his  date  of  separation
(DOS) was prior to the completion date of the program.   When  it  was
time for him to go on terminal leave, he had one final team meeting to
discuss his progress with his supervisor, counselor,  first  sergeant,
commander,  and  the  officer  overseeing  the  SART   program.    His
supervisor stated that he had continued to  do  an  excellent  job  at
work.  His counselor stated that he saw no future problems and had  no
concern with him being allowed to graduate early.  His  commander,  on
the other hand, refused to  allow  him  to  graduate  early  from  the
program.

Applicant’s complete statement and documentary evidence,  including  a
letter  from  the  NCOIC,  Certification/Operational  Risk  Management
Office, are at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 13 August 1993, applicant enlisted in the Regular Air Force  for  a
period of four years in the grade  of  airman  basic  (E-1).   He  was
progressively promoted to grade of senior airman  (E-4).   The  record
contains  three  Enlisted  Performance   Reports   (EPRs)   reflecting
promotion recommendations of (oldest to latest):  5, 5, and 3.

The statement provided by the  NCOIC,  Certification/Operational  Risk
Management, indicates that the applicant was participating in the SART
based on the diagnosis of alcohol abuse; that the prognosis was  good,
with continued follow-on with a relapse prevention support group; and,
that at the time of discharge, the applicant  was  unable  to  satisfy
successful completion of treatment requirements due to his separation.

Evidence in the record reflects  that  the  applicant  began  terminal
leave on 21 June 1997.  He was honorably discharged on 12 August  1997
by reason of completion of required service and issued an RE  Code  of
2H.  (Examiner’s Note:  RE-2H denotes 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:

The Skills Management Branch, AFPC/DPPAE,  reviewed  this  application
and recommended denial, stating the memorandum provided by the  NCOIC,
Certification/Operational Risk Management, confirms that the applicant
separated prior to completion of the SART program.  Also,  a  “Project
Capture” listing reflecting applicant’s personnel data  confirms  that
the RE Code is correct.

However, if the Board grants the  relief  sought,  applicant’s  record
should be corrected to reflect his RE code as 3K (Reserved for use  by
HQ  AFPC  or  the  AFBCMR  when  no  other  RE  code  applies  or   is
appropriate).

The 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
24 May 1999 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 warranting corrective action.
 After a thorough  review  of  the  available  records,  we  found  no
evidence that  the  RE  code  assigned  at  the  time  of  applicant’s
separation was in error or contrary to the governing  regulation.   In
this case, the applicant’s RE Code of 2H accurately reflects  that  he
was participating in the Substance Abuse Reorientation  and  Treatment
(SART) program at the time of  his  separation.   Nevertheless,  after
reviewing the evidence provided, we believe the applicant  would  have
successfully completed the SART program had he not  been  required  to
separate on his established date of separation.  In view of this,  and
noting his overall record of satisfactory to excellent performance and
the absence of any other derogatory  information  in  his  record,  we
believe it would be an injustice for  the  applicant  to  continue  to
suffer the adverse effects of the assigned RE Code.  Therefore, in the
interest of justice, we believe the applicant  should  be  afforded  a
second chance and that his RE code should be changed to 3K.  This is a
code which can be waived for prior service  enlistment  consideration,
provided applicant meets all other requirements for  enlistment  under
an existing prior service program.  Accordingly, we recommend that the
records be corrected as indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 12 August 1997, he
was discharged with an Reenlistment Eligibility (RE) Code of 3K.

___________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 September 1999, under the provisions of AFI 36-
2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. Joseph A. Roj, Member
      Dr. Gerald B. Kauvar, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 Mar 99, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 7 May 99, w/atch.
     Exhibit D.  Letter, SAF/MIBR, dated 24 May 99.




                                   JOSEPH A. ROJ
                                   Acting Panel Chair



AFBCMR 99-00744




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 APPLICANT, be corrected to show that on 12  August  1997,  he
was discharged with an Reenlistment Eligibility (RE) Code of 3K.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-00825

    Original file (BC-2006-00825.doc) Auto-classification: Denied

    A complete copy of the evaluation is at Exhibit C. HQ AFPC/DPPRS recommended applicant’s request be denied. They also noted applicant did not submit any evidence or facts warranting a change to his separation code or reenlistment eligibility code. At the time a member is separated from the Air Force, they are furnished an RE Code predicated upon the quality of their service and the circumstances of their separation.

  • AF | BCMR | CY1998 | 9801301

    Original file (9801301.pdf) Auto-classification: Denied

    After consulting counsel, applicant submitted a statement in his own behalf requesting an honorable discharge. 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. Letter to Board for Correction of Air Force Records, RE: Discharge upgrade/DD form 293, November 6, 1997 8.

  • AF | BCMR | CY2010 | BC-2010-03685

    Original file (BC-2010-03685.txt) Auto-classification: Denied

    DPSOA cannot support the applicant’s request since he has failed to provide sufficient evidence that calls for a change in his RE code. The DPSOA complete evaluation is at Exhibit B. 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 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.

  • AF | BCMR | CY1998 | 9801847

    Original file (9801847.pdf) Auto-classification: Denied

    The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). He received an RE code of “2H: Participating in Track 4 or 5 of the Substance Abuse Reorientation and Treatment (SART) program for drugs, or has failed to complete Track 4.” Applicant’s military personnel records indicate he received a general discharge for “A Pattern of Misconduct - Minor Disciplinary Infractions.” This type of...

  • AF | BCMR | CY1998 | 9800580

    Original file (9800580.pdf) Auto-classification: Denied

    The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). Available Master Personnel Records C. Advisory Opinions D. AFBCMR Ltr Forwarding Advisory Opinions d+L@+ VAUGH E. SCHLUNZ Panel Chair V MEMORANDUM FOR AFBCMR FROM: BCMR Medical Consultant 1535 Command Drive, EE Wing, 3rd Floor Andrews AFB MD 20762-7002 14 April 1998 98-00580 P * REQUESTED ACTION: The applicant was discharged after...

  • AF | BCMR | CY2005 | BC-2005-02101

    Original file (BC-2005-02101.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02101 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION: 17 FEB 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) and separation codes be changed to allow him to reenter military service. A medical note from the Alcohol Rehabilitation Committee, dated 1 March 1988,...

  • AF | BCMR | CY2002 | 0200693

    Original file (0200693.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00693 INDEX CODE: 112.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be upgraded. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states that they believe the discharge was consistent with the procedural and...

  • AF | BCMR | CY2005 | BC-2004-03271

    Original file (BC-2004-03271.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 14 December 1984 in the grade of airman basic. He had not completed the program at the time of his discharge from active duty. The evidence of record indicates the applicant had been entered into the Alcohol Rehabilitation program and had not completed the program at the time of his separation.

  • AF | BCMR | CY2009 | BC-2008-02290

    Original file (BC-2008-02290.DOC) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial indicating that individuals who have been entered into an alcohol rehabilitation and treatment program, then either fails to complete the program or demonstrates evidence of recurrent use of...

  • AF | BCMR | CY1999 | 9803462

    Original file (9803462.doc) Auto-classification: Approved

    On 1 Dec 97, the applicant was discharged under the provisions of AFI 36-3208 (Completion of Required Active Service) with an honorable characterization of service in the grade of senior airman with an RE code of 2X (First-term, second-term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP). Unfortunately, the AF Form 418 denying applicant reenlistment is not on file in his military personnel record. Exhibit E. Letter fr applicant,...