RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00438
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2C (Involuntarily
separated with an honorable discharge; or entry level separation
without characterization of service) be changed and his narrative
reason for separation be removed.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The narrative reason for separation contradicts his honorable
characterization of service and has greatly hindered his ability to
obtain civil service employment.
In support of his appeal, applicant submitted a letter of character
reference from a former chaplain and a copy of a letter, dated
27 Nov 02, from the Air Force Discharge Review Board.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 15 Sep 88 in the
grade of airman basic. He served on continuous active duty until
his involuntary discharge on 13 Nov 97. His highest grade held was
staff sergeant.
A resume of applicant’s last six enlisted performance reports
(EPRs) follows:
PERIOD CLOSING OVERALL EVALUATION
13 Oct 92 5
13 Oct 93 5
11 Jun 94 5
11 Jun 95 5
11 Jun 96 5
11 Jun 97 5
On or about 28 Aug 97, he received an Article 15 for three
instances of failure to go to his appointed place of duty
(5, 15 and 18 Aug 97) and for disobeying a lawful order by not
moving into the dormitory by the time required. He was reduced to
the grade of senior airman.
The specific facts surrounding the applicant’s discharge are
unknown as the discharge correspondence is not available. The
following information was obtained from the Air Force Discharge
Review Board (AFDRB) Hearing Record.
In Jan 96, applicant self-referred to the local substance abuse
rehabilitation program after excessive drinking every day for six
months. He was diagnosed as mildly alcohol dependent and put in
Track 4. In Oct 96, while TDY, he fell from a three-story
building, causing serious injury to himself. A Line of Duty
Determination (LOD) was found not to be in the line of duty and a
question of alcohol involvement was suspected but not resolved. In
Jan 97, he was again entered into Track 4 rehabilitation due to
excessive alcohol abuse. In Jun 97, he was admitted to the in-
patient Substance Abuse Rehabilitation Center at Eglin AFB FL after
a four-day drinking binge. After completing the program in Aug 97,
he had a relapse and was found by his unit when he didn’t show up
for work. He was not readmitted to the program but released to his
unit and put on suicide watch. He received a letter of reprimand
(LOR) for being found incapacitated on a number of occasions and
unable to report to work.
In Oct 97, he self-admitted himself for further in-patient care due
to alcohol binging. He was then entered into Track 5 for detox
pending discharge based on alcohol rehabilitation failure. He also
received another LOR for failure to go due to intoxication and for
a motor vehicle accident in which he struck another airman’s car on
base and leaving the scene of the accident.
On 13 Nov 97, he was honorably discharged under the provisions of
AFI 36-3208 by reason of “alcohol rehabilitation failure” and was
issued reenlistment eligibility (RE) code 2C. He was credited with
9 years, 1 month, and 29 days of active duty.
On 17 Nov 00, the Air Force Discharge Review Board (AFDRB)
considered and denied the applicant’s request for a change to the
reason and authority for the discharge. They concluded that the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the
discretion of the discharge authority and that the applicant was
provided full administrative due process (see AFDRB Hearing Record
at Exhibit B).
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended denial. They found that the discharge
was consistent with the procedural and substantive requirements of
the discharge regulation. Additionally, that the discharge was
within the sound discretion of the discharge authority. They also
noted that the applicant did not submit any new evidence or
identify any errors or injustices that occurred in the discharge
processing, nor did he provide any facts warranting an upgrade of
his discharge. Accordingly, they recommended his records remain
the same.
A complete copy of the Air Force evaluation is at Exhibit C.
HQ AFPC/DPPAE reviewed this application and indicated that the RE
code of 2C, “Involuntarily separated with an honorable discharge;
or entry level separation without characterization of service” is
correct.
A complete copy of the evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant
on 9 May 03 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 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 careful
review of the available records and the information contained in
the Air Force Discharge Review Board Hearing Record, the
applicant’s discharge appears to be in compliance with the
governing Air Force instruction and we find no evidence to indicate
that his separation from the Air Force was inappropriate. We find
no evidence of error in this case and after thoroughly reviewing
the documentation that has been submitted in support of the
applicant’s appeal, we do not believe he has suffered from an
injustice. Therefore, based on the available evidence of record,
and absent persuasive evidence applicant was denied rights to which
entitled, appropriate instructions were not followed, or
appropriate standards were not applied, we find no basis to disturb
the existing record.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
___________________________________________________________________
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 AFBCMR Docket Number
BC-2003-00438 in Executive Session on 16 July 2003, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. John B. Hennessey, Member
Ms. Barbara J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jan 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 18 Mar 03.
Exhibit D. Letter, HQ AFPC/DPPAE, dated 5 May 03.
Exhibit E. Letter, SAF/MRBR, dated 9 May 03.
MICHAEL K. GALLOGLY
Panel Chair
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