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AF | BCMR | CY2003 | BC-2003-03236
Original file (BC-2003-03236.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-03236
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXXX               COUNSEL:  NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Aside from his alcohol-related misconduct, his overall service record  shows
that he served honorably.   He  requested  rehabilitation/treatment  in  the
military but instead was discharged.  He has been sober since  October  1993
and is currently attending support group counseling for his alcoholism.

The  applicant  provided  no  evidence  in  support  of  his  appeal.    The
applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 15 August 1979, the applicant enlisted in the Regular Air  Force  at  the
age of 17 in the grade of airman basic (E-1) for a  period  of  four  years.
He was trained in the Security  Police  career  field.   The  applicant  was
progressively promoted to the grade of airman first  class  (E-3)  effective
15 August 1980.  He received three performance reports during the period  15
August 1979 through 16 January 1982, with overall ratings of nine.

On 16 January 1981, his commander directed the applicant  to  the  Emergency
Room Sobriety Detachment for evaluation  after  being  discovered  drunk  on
duty.  On 22 January 1981, the applicant received an Article  15  punishment
for being drunk while on duty.  He received a  suspended  reduction  to  the
grade of airman and ordered to forfeit $100 per month for  two  months.   On
27 January 1981, the applicant was evaluated at  the  medical  facility  for
possible alcohol abuse.  On 23 January 1982, civilian  authorities  arrested
the applicant for  driving  while  intoxicated.   On  26 January  1982,  the
applicant was referred to Social Actions for a substance  abuse  evaluation.
On 28 January 1982, civilian authorities arrested the applicant  for  public
intoxication.  On 28 January 1982,  his  commander  notified  the  applicant
that he was permanently decertified from the  performance  of  duties  under
the Personnel Reliability Program (PRP), based on his Article 15,  dated  15
January 1981, for  violation  of  Article  112  of  the  Uniformed  Code  of
Military Justice (drunk on duty); and his arrest by civil authorities on  23
January  1982,  for  intoxication.   On  1  February  1982,  the   applicant
acknowledged receipt of his decertification  notification.   On  3  February
1982, Social Actions evaluated the applicant  for  potential  alcohol  abuse
and recommended the applicant for rehabilitation.

On 8 February 1982,  his  commander  notified  the  applicant  that  he  was
recommending him for  a  general  discharge  under  AFM  39-12,  Section  B,
Chapter 2, paragraph 2-15a (unsuitability), for frequent  involvement  of  a
discreditable nature with civil and  military  authorities.   The  applicant
acknowledged receipt and consulted appointed counsel.  On 8  February  1982,
his commander also made a recommendation to  the  discharge  authority  that
the  applicant  be  furnished  a  general  discharge  without  probation  or
rehabilitation citing that attempts to rehabilitate the applicant was to no-
avail.  On 9 February 1982, the  Group  Commander  appointed  an  Evaluation
Officer  to  determine  whether  the  applicant  should  be  discharged  for
misconduct under the provisions  of  AFM  39-12,  paragraph  2-15a.   On  11
February 1982, the applicant received a physical examination and  put  on  a
medical delay for further specialized evaluation  and/or  treatment.   After
an interview with the Evaluation Officer on 12 February 1982, the  applicant
submitted a rebuttal statement and requested  to  be  retained  in  the  Air
Force.  On 16 February  1982,  the  Evaluation  Officer  reported  that  the
applicant blames his documented problems with  alcohol  on  situations  that
were either stressful or emotional, and it appears that he uses  alcohol  as
a periodic crutch.  The Evaluation  Officer  recommended  the  applicant  be
furnished a general  discharge.   On  18  February  1982,  the  staff  judge
advocate found the discharge file legally sufficient.  On 19 February  1982,
a  medical  evaluation  found  the  applicant  a  problem  drinker  with  no
psychiatric diagnosis and was referred for  rehabilitation.   The  applicant
was removed from medical delay effective  22  February  1982  after  it  was
determined that no medical treatment was required.  On  2  March  1982,  the
Chief, Mental Health Services recommended the applicant enter into  a  local
alcohol  rehabilitation  group.   The  discharge  authority   approved   the
recommended separation and directed that the applicant be discharged with  a
general  (under  honorable  conditions)  discharge  without  probation   and
rehabilitation.  The applicant was discharged effective 3 March 1982 with  a
general (under honorable conditions) characterization of  service.   He  had
served 2 years, 6 months and 19 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP recommends denial.  DPPRSP states the applicant’s discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation in affect at that time.   Additionally,  the  discharge
was within the discretion of the discharge  authority.   The  applicant  did
not provide any facts warranting a change  in  his  discharge,  nor  did  he
submit any new evidence or identify any errors or injustices  that  occurred
in his discharge processing.  The DPPRSP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  31
October 2003, for review and comment within 30 days.  As of this date,  this
office has received no response.

_________________________________________________________________

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 probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The  characterization  of  discharge
which was issued at the  time  of  the  applicant’s  separation  accurately
reflects the circumstances of  his  separation  and  we  do  not  find  the
characterization of discharge to be in error or unjust.   In  view  of  the
foregoing and in the absence of evidence by the applicant  attesting  to  a
successful post-service adjustment in the years since  his  separation,  we
are not inclined to extend  clemency  in  this  case.   Therefore,  in  the
absence of evidence to the  contrary,  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 this application in  Executive
Session on 18 December 2003, under the provisions of AFI 36-2603:

            Ms. Carolyn J.Watkins-Taylor, Panel Chair
            Ms. Martha J. Evans, Member
            Mr. Roscoe Hinton Jr., Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2003-03236
was considered:

      Exhibit A.  DD Form 149, dated 6 Oct 03.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRSP, dated 21 Oct 03.
      Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 03.




                             CAROLYN J. WATKINS-TAYLOR
                                             Panel Chair

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