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AF | BCMR | CY2003 | BC-2002-02627
Original file (BC-2002-02627.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02627
            INDEX CODE:  110.00, A92.22

            COUNSEL:  NONE

            HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded from General, Under Honorable Conditions, to
Honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

Since the time he admitted that  he  suffered  from  alcoholism  as  a
disease, he has turned his life around dramatically.

In  support  of  his  appeal,  applicant  has  provided  his  personal
statement,  documentation  related  to  his  post-service   education,
achievements, and employment, and articles on alcoholism.

His complete submission is at exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular  Air  Force  on  15
April 1981.  He was progressively promoted to Airman First Class  (A1C
- E3) with an effective date and date of rank (DOR)  of  2  May  1982.
The record contains  three  Airman  Performance  Reports  (APRs)  with
overall ratings of “9.”

The applicant received three Letters of Reprimand  (LOR)  for  alcohol
abuse related incidents (one led to hospitalization  and  two  led  to
civil incarceration), two “Notification of Substance  Abuse”  notices,
each  of  which   required   participation   in   outpatient   alcohol
rehabilitation programs,  and  one  inpatient  alcohol  rehabilitation
program.

On 11 December 1984, the applicant received notification that  he  was
being recommended for discharge due to  his  referral  and  subsequent
failure to successfully  complete  a  program  of  rehabilitation  for
alcohol abuse  and  his  lack  of  potential  for  continued  military
service, as evidenced by the incidents cited above.  His commander did
not recommend probation and rehabilitation.   He  received  a  general
discharge on 24 December 1984,  under  the  provisions  of  AFR  39-10
(Alcohol Abuse Rehabilitation Failure), and was issued a  Reenlistment
Eligibility (RE) code of 2B (involuntarily discharged under AFR 39-10,
with a general discharge).  He was credited with 3  years,  8  months,
and 24 days of active service.  He had 17 days of lost time due to two
periods of civil confinement due to alcohol-related offenses.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 20 December 2002, that, on the  basis  of
data furnished, they are unable to locate an arrest record.   (Exhibit
C)

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR medical consultant found that no change in applicant’s record
was warranted.  The  applicant  was  administratively  discharged  for
alcohol abuse and failure in alcohol abuse  rehabilitation.   Although
alcoholism  may  be  considered  a  “disease”  it  does   not   excuse
individuals from responsibility for their behavior.  Alcohol abuse and
rehabilitation failure are subject to administrative  discharge  by  a
member’s commander.  Misconduct, including DUI’s, results  in  service
characterization as general.  In this case, the applicant’s  commander
determined that his misconduct and failure in  alcohol  rehabilitation
outweigh the positive aspects of his career and discharged him with  a
general characterization.  He stated that action  and  disposition  in
this case were proper and equitable  reflecting  compliance  with  Air
Force directives that implemented the law at the time.  (Exhibit D)

HQ AFPC/DPPRS recommends denial.  DPPRS notes that the application  is
not timely.  Further, the applicant provided no evidence of any  error
or injustice that occurred during the discharge and that the Discharge
Authority was within the procedural and  substantive  requirements  of
the discharge regulation.  (Exhibit E)

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by reiterating his original argument  that  he
has  turned  his  life  around  and  consequently  is   a   successful
businessman, father, and  grandfather.   The  applicant  provides  the
following statements in furtherance of his appeal:

            a.  The  Air  Force  did  not  provide  a   substance-free
atmosphere to help reinforce alcohol abstinence.  There  was  constant
drinking in the dormitories and day rooms and that Loring AFB provided
only two Alcoholic’s Anonymous (AA) meetings per week.




                                      2
           b. He attributes  his  alcohol  problems  to  a  hereditary
disease that several members of his family suffer from.   Additionally
his young age and the constant party atmosphere (on Loring  AFB)  made
it virtually impossible to abstain.

           c. He attended AA meetings twice daily after his  discharge
and additionally credits the support of  his  family  and  friends  as
critical factors in his sobriety to this point.

           d. He had no control over the environment he found  himself
in.

The applicant’s complete response is at Exhibit G.

________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice regarding the applicant’s  request  to
have his discharge  upgraded  to  honorable.   No  evidence  has  been
presented which would lead us to believe his discharge was improper or
contrary to the directive under which it was effected.   Nevertheless,
it appears that the applicant  has  been  a  responsible  citizen  and
productive member of society since his separation, as evidenced by the
post-service documentation he has provided.  Therefore, we believe  an
upgrade of his discharge to honorable is warranted  on  the  basis  of
clemency.  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 24  December  1984,
he was honorably  discharged  and  furnished  an  Honorable  Discharge
certificate.

________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 February 2003, under the provisions of AFI 36-
2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. David W. Mulgrew, Member
      Ms. Cheryl Jacobson, Member


                                      3
All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 11 Aug 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report, dated 20 Dec 02.
     Exhibit D.  Letter, BCMR Medical Consultant, dtd 27 Sep 02.
     Exhibit E.  Letter, HQ AFPC/DPPRS, dtd 4 Nov 02.
     Exhibit F.  Letter, SAF/MRBR, dtd 15 Nov 02.
     Exhibit G.  Letter, Applicant Rebuttal, dtd 24 Dec 02.




                                   PHILIP SHEUERMAN
                                   Panel Chair

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