RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02695
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his RE code changed to enlist in the Idaho  Air  National  Guard.
He indicates that he was  discharged  because  of  alcohol  abuse.   He  has
received extensive treatment and has  been  sober  for  four  and  one  half
years.  He attends AA meetings regularly.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 10 July 1981.   His  last
reenlistment was on 31 July 1991 for a period of five years,  in  the  grade
of staff sergeant.

On 14 March 1994, the applicant was notified of his  commander’s  intent  to
impose nonjudicial punishment upon him for the  following:   He  did  at  or
near Ramstein Air Base, Germany,  on  or  about  5  March  1994,  operate  a
vehicle, to wit: a passenger car, while drunk.

On 18 March 1994, after consulting with counsel, applicant waived his  right
to a trial by court-martial, requested a personal appearance  and  submitted
a written presentation.

On 21 March 1994, he was found guilty  by  his  commander  who  imposed  the
following punishment: Reduction in grade to senior  airman,  forfeitures  of
$300.00 pay per month for two months and 30 days extra duty.   Reduction  to
senior airman was suspended until 20 September 1994,  after  which  time  it
would be remitted without further action unless sooner vacated.

The applicant did not appeal the punishment.  The Article 15  was  filed  in
his Unfavorable Information File (UIF).

EPR profile since 1988 follows:

           PERIOD ENDING          EVALUATION OF POTENTIAL

                                          (Old System)
                  15 Oct 88             7 (Referral Report)
                  28 Mar 89                  9
                  11 Oct 89                  9
                  11 Oct 90                  4 (New System)
                  11 Oct 91                  4
                  11 Oct 92                  5
                  11 Oct 93                  4
                   1 Apr 94                  4
                   1 Oct 94                                   4

According to the DD Form 214 on 3 October 1994, the applicant was  honorably
released from active duty,  in  the  grade  of  staff  sergeant,  under  the
provisions of AFR 39-10 (Completion of Required Active Service).  He  served
13 years, 2 months and 24 days of total active military  service.   However,
on 27 February 1995 Order Number AB-0538  amended  Order  Number  AB-002  to
read discharged rather than released from active duty.

The applicant received an RE code of 2H (Participating in Track 4  or  5  of
the Substance Abuse Reorientation and Treatment (SART) program for  alcohol,
or has failed to complete Track 4.)

EXAMINER’S NOTE:  Applicant does not contest the accuracy  of  the  RE  code
and after reviewing the applicable instruction, AFI 36-2606, it appears  the
RE code is correct.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial.   They  indicated  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  discretion  of  the  discharge
authority.  The applicant did not submit any new evidence  or  identify  any
errors  or  injustices  that  occurred  in  the  discharge  processing.   He
provided no other facts warranting a change in the discharge.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 November 2003, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting a change in the RE  code.   In
accordance with appropriate regulations the RE code was appropriate  to  the
existing  circumstances.   However,   we   note   applicant’s   post-service
activities and accomplishments.   It  appears  the  applicant  has  attended
Alcoholics Anonymous (AA) meetings and has been sober for four and one  half
years.  In view of  his  post-service  accomplishments  and  his  desire  to
enlist in the Air National Guard, we  believe  he  should  be  afforded  the
opportunity to apply for a waiver to enlist in the armed services.   Whether
or not he is successful will depend on the needs  of  the  service  and  our
recommendation in no way guarantees that he will be  allowed  to  return  to
the Air Force or any branch of the service.  Therefore, we recommend his  RE
code be changed to “3K” (Secretarial Authority).

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that at the time of his  discharge  on  3
October 1994, he was issued a Reenlistment Eligibility (RE) code of “3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
02695 in Executive Session on 11 December 2003, under the provisions of  AFI
36-2603:

                 Ms. Marilyn Thomas, Vice Chair
                 Ms. Martha Maust, Member
                 Mr. Albert Ellett, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence pertaining to AFBCMR Docket  Number  BC-2003-02695  was
considered:

   Exhibit A.  DD Form 149, dated 22 August 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, undated.
   Exhibit D.  Letter, SAF/MRBR, dated 7 November 2003.





                       MARILYN THOMAS
                       Vice Chair




AFBCMR BC-2003-02695





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 discharge on 3
October 1994, he was issued a Reenlistment Eligibility (RE) code of “3K.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency