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AF | BCMR | CY2003 | BC-2003-02923
Original file (BC-2003-02923.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02923
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

She thought that she made the right decision when  she  was  discharged  but
now regrets that decision.

In support of the appeal, the applicant submits a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  19  June  1992.   On  14
September 1993, she was  notified  by  her  commander  that  she  was  being
recommended for discharge due to failure in  alcohol  abuse  rehabilitation.
The  reason  for  this  action  was  that  on  7 November  1992,   she   was
disrespectful and provoking in speech toward a noncommissioned  officer  and
received a letter  of  reprimand  (LOR).   On  22  May  1993,  investigation
disclosed that she assaulted  and  harassed  another  Air  Force  member  by
striking, scratching and using  provoking  speech.   For  this  conduct  she
received a LOR.  On 25 May 1993, due to being involved in several  incidents
in which alcohol was a factor, she was referred to  social  actions  for  an
alcohol evaluation.  During that evaluation, it was determined that she  had
an  alcohol  problem;  however,  she  denied  that  fact  and   refused   to
participate in a treatment program.   In a legal review of  the  case  file,
the  base  legal  office  found  the  case  legally  sufficient  to  support
discharge.   The discharge authority approved the separation and ordered  an
honorable discharge without probation  and  rehabilitation.   On  7  October
1993, she  was  discharged  under  the  provisions  of  AFR  39-10  (alcohol
rehabilitation failure) with an honorable  discharge.   She  received  a  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.  She served 1 year 3 months and 19 days on active duty.

Applicant does not contest the accuracy of the RE code and  after  reviewing
the applicable instruction, AFI 36-2606, it appears the RE  code  issued  is
accurate.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   The  applicant  did  not  submit  any  new
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge process.  Additionally, she provided no facts warranting a  change
in her discharge.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that getting out of the Air Force was one  of  the  biggest
mistakes she has made.  There were many reasons why  she  failed  to  attend
alcohol abuse rehabilitation and she felt it was the right decision  at  the
time.

A copy of the applicant’s complete response 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 an  error  or  injustice.   Applicant’s  contentions  are  duly
noted; however, we are not persuaded that the applicant has been the  victim
of an error or injustice.  At the time members are separated  from  the  Air
Force, they are furnished an RE code predicated upon the  quality  of  their
service and circumstances of their separation.  After a thorough  review  of
the evidence of record, we believe that given the circumstances  surrounding
the applicant’s separation, the RE code issued was in  accordance  with  the
appropriate  directives.   Therefore,  we  find  no  basis  upon  which   to
recommend favorable action on 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  BC-2003-02923
in Executive Session on 10 December 2003, under the provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. J. Dean Yount, Member
                             Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 3 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 03.
    Exhibit E.  Letter, Applicant, dated 1 Dec 03.




                                   Thomas S. Markiewicz
                                   Chair

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