RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03277
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He only had one civil incident, driving under the influence of alcohol,
while stationed at Lowry AFB, CO. However, he did serve honorably while in
the Air Force. While he was assigned to Lakenheath AB, England, he was
responsible for the readiness of the wing commander's staff car and the
driver for base VIPs and their spouses during a time when terrorists were
blowing up staff cars. He had honorable responsibilities while at the same
time receiving counseling for an alcohol problem which eventually led to
his discharge.
In support of his request, applicant provided a copy of his discharge
evaluation officer's recommendation; his DD Form 293, Application for
Review of Discharge or Dismissal from the Armed Forces of the United
States; his DD Form 214, Certificate of Release or Discharge from Active
Duty; and, his administrative discharge legal review. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 8 Aug 79 and was
progressively promoted to the grade of airman first class.
On 1 Dec 81, the applicant was notified by his commander that he was
recommending that he be discharged from the Air Force under the provisions
of AFM 39-12, paragraph 2-4e. The reasons for this action were his failure
to cooperate in the alcohol rehabilitation program and his inability to
meet minimum behavior standards. Specifically, on 29 Jul 80, he received a
Letter of Reprimand (LOR) following a civil conviction of driving while
intoxicated; on 29 Dec 80, he received a letter from the NCO club
concerning his conduct and damage to club property; on 28 Jan 81, he
received an LOR for failure to follow proper driving procedures; on 4 May
81, he received a Record of Counseling for his bed not being made; on 15
Oct 81, he received an LOR for having a female in the dorm after visitation
hours; on 29 Oct 81, he received an LOR for nine checks returned for
insufficient funds. On 7 Jul 81, he received nonjudicial punishment under
Article 15 of the Uniformed Code of Military Justice for failure to report
to duty on time. He was ordered to forfeit $100 of his pay and received a
suspended reduction to the grade of airman. On 10 Sep 81, his suspended
reduction to the grade of airman was vacated for being disorderly on
station. On 13 Nov 81, he received another Article 15 for being disorderly
on station. He was reduced to the grade of airman basic, was ordered to
forfeit $100 of his pay, and was ordered to perform 30 days extra duty.
The applicant was advised of his rights in this matter and elected not to
provide matters on his own behalf. A discharge evaluation officer
conducted an evaluation of the case and recommended that the applicant be
discharged, with a general discharge, without probation or rehabilitation.
The assistant staff judge advocate reviewed the case file and found the
case to be legally sufficient. On 18 Dec 81, the discharge authority
concurred with the recommendation and directed that the applicant be
discharged with a general discharge without probation or rehabilitation.
He was discharged on 4 Jan 82. He served 2 years, 4 months, and 27 days on
active duty.
The applicant's request that the narrative reason (Misconduct-Drug Abuse)
for his discharge be changed, has been administratively corrected to read
"Failure in an Alcohol, Abuse Treatment and Rehabilitation Program."
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial of the applicant's request. DPPRS states that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation and the applicant did not submit
any new evidence or identify any errors in his discharge processing. The
discharge was within the discretion of the discharge authority and the
applicant provided no facts warranting an upgrade of the discharge. The
DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that AFPC made corrections to reflect the true nature of
his discharge; however, they added additional comments in item 18 (remarks)
and in item 24 (character of discharge). The changes that were made have
taken a discharge that he was already ashamed of and made it appear just as
bad as it did before. He deeply regrets that he did not deal with his
alcohol problem at the time. He has been sober now for over 7 years and is
simply wanting his discharge to be changed to honorable and for the
narrative reason to reflect the truth, that he had an alcohol problem, not
a drug problem. He believes that he served to the best of his ability
while on active duty but just did not have what it took to quit drinking.
His complete submission, with attachments, is 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 error or injustice. After a thorough review of the evidence
of record, we find no evidence of an error in this case and do not find his
uncorroborated assertions sufficiently persuasive to override the rationale
provided by the Air Force. Accordingly, we agree with the opinion and
recommendation of the Air Force office of primary responsibility and adopt
their rationale as the basis for our conclusion that he has not been the
victim of an error or injustice. We note the narrative reason for his
discharge has been administratively corrected to reflect "Failure in an
Alcohol, Abuse Treatment and Rehabilitation Program" rather than
"Misconduct-Drug Abuse." The applicant now contends that the
administrative corrections to his DD Form 214 make it appear just as bad as
it did before. It is our opinion that the administrative changes that were
made are correct and appropriately reflect the true nature of his discharge
from the Air Force. Evidence has not been presented which would lead us to
believe that further change to his narrative reason for separation is
warranted. Therefore, in the absence of persuasive evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of 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 Docket Number 02-03277 in
Executive Session on 29 Jan 03, under the provisions of AFI 36-2603:
Mr. Philip Sheuerman, Panel Chair
Mr. Joseph A. Roj, Member
Ms. Martha Evans, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 6 Nov 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 Dec 02.
Exhibit E. Letter, Applicant, dated 27 Dec 02.
PHILIP SHEUERMAN
Panel Chair
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