Search Decisions

Decision Text

AF | BCMR | CY2000 | 0001653
Original file (0001653.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01653
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation (Alcohol Abuse  Rehabilitation  Failure)
be removed from his DD Form 214, Certificate of Release  or  Discharge  from
Active Duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force requested that he attend an alcohol  awareness  seminar  as  a
result of an argument in an off-base restaurant.  It was  assumed  that  the
argument was alcohol related, it was not.  He refused to attend the  alcohol
awareness seminar.  His area defense council pleaded  his  case  before  the
base commander and he was granted an honorable discharge.   He  states  that
his narrative reason for separation has haunted him for  the  past  thirteen
years.  It has been a detriment to his career advancement and has  held  him
from good positions.  He has paid dearly for  this  error  in  judgement  in
terms of lost opportunities.

In support of his appeal, the applicant provided a character  reference  and
copies of his Airman Performance Reports (APRs).

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force for the period  in  question  on
12 July 1985 in the grade of airman basic for a period of 4 years.

On 17 July 1987,  applicant  was  notified  of  his  commander's  intent  to
initiate discharge action against him for his refusal to participate in  the
Alcohol Rehabilitation classes conducted by Social Actions.

The commander advised applicant of his right to consult legal   counsel  and
submit statements in his  own  behalf;  or  waive  the  above  rights  after
consulting with counsel.

The commander indicated in his  recommendation  for  discharge  action  that
before  recommending  this  discharge  action,  applicant  was  offered  the
opportunity to attend the personal awareness seminar and ten day short  term
rehabilitation  group  conducted  by  Social  Actions.   He   then   refused
rehabilitation.  He gave him  an  additional  three  days  to  consider  his
actions and he again refused rehabilitation.

On  20  July  1987,  applicant  submitted  a  waiver  of  his  right  to  an
administrative discharge board contingent upon receiving  no  less  than  an
honorable discharge.

A legal review was conducted on 30  July  1987  in  which  the  staff  judge
advocate  recommended  that  applicant  be  honorably   discharged   without
probation and rehabilitation.

A resume of the applicant's performance reports since 1983 follows:

            PERIOD ENDING         OVERALL EVALUATION

                 17 Mar 83              9
                 17 Mar 84              9
                 18 Mar 85              8
                  5 Aug 85        Letter of Evaluation
                                        (LOE)
                 24 Apr 86               9
                  6 Dec 86              9
                 14 May 87              9

Applicant was honorably discharged on  20  August  1987,  in  the  grade  of
sergeant,  in  accordance  with  AFR  39-10  (Alcohol  Abuse  Rehabilitation
Failure).  He completed 6 years, 9 months and 9 days of  total  active  duty
service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military  Personnel  Management  Specialist,  Directorate  of  Personnel
Program Management, AFPC/DPPRS, reviewed this application  and  states  that
based upon the documentation in the file, they  believe  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation.  Additionally, the  discharge  was  within  the  sound
discretion of the discharge authority.  The applicant could have been court-
martialed for his refusal to obey a lawful order from  his  commander.   The
applicant did not  submit  any  new  evidence  or  identify  any  errors  or
injustices that occurred in the  discharge  processing.   Additionally,  the
applicant provided no facts warranting a change in his narrative reason  for
separation.  His narrative reason  for  separation  is  in  accordance  with
Department of Defense and Air Force directives.  Therefore,  they  recommend
denial of applicant’s request.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  provided  a  response,
with attachments, that is attached at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice warranting a change in  applicant’s
narrative reason for  separation  (Alcohol  Abuse  Rehabilitation  Failure).
Applicant's complete submission is duly noted; however, a  majority  of  the
Board is not persuaded by the documentation  submitted  that  his  narrative
reason for separation should be changed.   In  this  respect,  the  majority
notes that the applicant disobeyed  his  commander’s  order  to  attend  the
alcohol rehabilitation program.  While the majority  noted  the  applicant’s
reason for not attending the rehabilitation program, the fact  remains  that
he failed to obey a lawful order, regardless of his reasons.   The  majority
further noted that before discharge  action  was  initiated,  the  commander
afforded the applicant the opportunity to reconsider his decision;  however,
the applicant refused rehabilitation.  The applicant’s  reluctance  to  make
the necessary effort to meet Air Force standards of conduct and  performance
demonstrated that his conduct was prejudicial to good order and  discipline.
 While  the  applicant’s  achievements  since  leaving  the  Air  Force  are
commendable, the majority of the Board is not persuaded  that  a  change  in
the  narrative  reason  for  separation  is  warranted.   Accordingly,   the
applicant’s request is not favorably considered.

_________________________________________________________________






THE BOARD DETERMINES THAT:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 26 September 2000, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Steven A. Shaw, Member
                  Ms. Marilyn Thomas, Member

By a majority vote, the Board recommended denial of  the  application.   Mr.
Shaw voted to grant a change in the narrative reason for separation, but  he
does not wish to  submit  a  Minority  Report.   The  following  documentary
evidence was considered:

   Exhibit A.  DD Form 149, dated 24 May 2000.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 7 July 2000.
   Exhibit D.  Letter, SAF/MIBR, dated 28 July 2000.
   Exhibit E.  Letter, Applicant, dated 26 August 2000, w/atchs.




                                RICHARD A. PETERSON
                                Panel Chair



AFBCMR 00-01653





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 at the time of his honorable
discharge on 20 August 1987, the narrative reason for his separation was
Secretarial Authority and the Separation Program Designator was “JFF.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency




AFBCMR 00-01653





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                                        CORRECTION OF MILITARY RECORDS

SUBJECT:  Minority Report, AFBCMR Application

         I have carefully reviewed the evidence of record and the
recommendation of the Board members.

        The majority of the panel finds insufficient evidence of error or
injustice and has recommended that the applicant's narrative reason for
separation (Alcohol Abuse Rehabilitation Failure) be denied.  However, I
disagree.

        In this respect, I note the fact that in June 1987, the applicant
disobeyed his commanding officer’s order to attend rehabilitation in the
alcohol rehabilitation program.  The commanding officer sought punitive
action, which lends credence to the applicant’s argument that alcohol was
not involved in this incident.  The applicant completed alcohol
rehabilitation during December 1984 and January 1985, while stationed at
Hickam AFB, HI.  He states that it was an extremely negative experience.
He could not stand to endure the loss of respect and decrease in his self-
esteem that he firmly believes he would suffer from going through alcohol
rehabilitation again.

         Clearly, I don’t condone the applicant’s actions that lead to his
discharge; however, while the applicant refused to attend the program he
did not fail the program.  In this respect, I believe the narrative reason
for separation is in error and should be changed to reflect “Directed By
Secretary Of The Air Force.”  Based on the above, I recommend favorable
action on the applicant’s request.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency





Similar Decisions

  • AF | BCMR | CY2000 | 0001224

    Original file (0001224.doc) Auto-classification: Approved

    JAJM states the applicant conceded he did not attend the mandatory alcohol program aftercare meetings that were the subject of his second Article 15 action. The requested relief should be denied {Exhibit C). With respect to removal of the Article 15's for violation of Article 134 of the UCMJ, "Failure to pay American Express indebtedness" and Article 86 of the UCMJ, "Failure to Go", we are not persuaded by the evidence presented that relief is warranted and adopt the opinion of JAJM as our...

  • 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 | CY2006 | BC-2006-00828

    Original file (BC-2006-00828.doc) Auto-classification: Denied

    Therefore, it was Professional Military Education (PME) at the right level at the right time, and should have been displayed in the Officer Selection Brief (OSB). A complete copy of the evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states that he was in the last year group of majors allowed to enroll in Air War College (AWC) via correspondence or seminar. All through his career the Air...

  • CG | BCMR | Alcohol and Drug Cases | 2000-127

    Original file (2000-127.pdf) Auto-classification: Denied

    On , the applicant's CO informed him that he was being recommended for discharge from the Coast Guard because he had been involved in a third alcohol incident. states that an enlisted member involved in a third alcohol incident will be processed for separation from the Coast Guard. The reason for the applicant's separation was his involvement in a third alcohol incident, not "alcohol rehabilitation failure."

  • NAVY | DRB | 2002_Navy | ND02-00592

    Original file (ND02-00592.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT ex-BTFN, USN Docket No. Issues, as submitted Issue 1 – Applicant’s post-service conduct and accomplishments have been sufficiently creditable to warrant the Naval Discharge Review Board’s clemency relief with recharacterization of his RE-code and change of narrative reason. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 930603 with an...

  • AF | BCMR | CY1998 | 9102977

    Original file (9102977.pdf) Auto-classification: Denied

    Prior to his separation, the member had a diagnosis of alcohol abuse, continuous, and failed the rehabilitation program. A copy of the Air Force evaluation is attached at Exhibit D. i APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant and his counsel on 21 November 1991 for review and response. A copy of the Air Staff evaluation is attached at Exhibit H. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force...

  • ARMY | BCMR | CY2004 | 2004106506C070208

    Original file (2004106506C070208.doc) Auto-classification: Denied

    Counsel requests, in effect, that the request for reconsideration for a change to the narrative reason for the separation of his client and the RE code applied to his client's DD Form 214, Certificate of Release or Discharge from Active Duty, be reviewed by the Army Board for the Correction of Military Records (ABCMR), base on newly discovered evidence. Item 21 (Commanders' Assessment) was checked, "Failure." On 21 February 1996, the applicant's commander initiated action to separate him...

  • AF | BCMR | CY2006 | BC-2006-00988

    Original file (BC-2006-00988.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00988 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 2 OCT 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation of Alcohol Abuse Rehabilitation Failure be changed. The majority of the Board finds no evidence of error in this case and after...

  • ARMY | BCMR | CY2011 | 20110017088

    Original file (20110017088.txt) Auto-classification: Denied

    The applicant requests that his general discharge under the provisions Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), "chapter 13," be changed to a medical discharge. He states he did not know he had a medical condition. The record shows the applicant engaged in behavior that led his chain of command to the reasonable conclusion that he failed ADAPCP which warranted his discharge under the provisions of Army Regulation 635-200, chapter 9.

  • ARMY | BCMR | CY2014 | 20140016761

    Original file (20140016761.txt) Auto-classification: Denied

    He stated the applicant entered the drug and alcohol rehabilitation program as a result of driving under the influence. On 9 August 1988, an administrative separation board convened to determine if the applicant should be discharged for alcohol rehabilitation failure. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of chapter 9 of Army Regulation 635-200 by reason of "alcohol abuse – rehabilitation failure" with a...