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
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