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AF | BCMR | CY2005 | BC-1993-02122A
Original file (BC-1993-02122A.doc) Auto-classification: Denied


                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-1993-02122
                                             INDEX CODE:  106.00, 110.02
                                             COUNSEL:  None

                                             HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the  applicant’s  request  for  reconsideration,  he  requests  his  1980
general discharge be upgraded to honorable and the reason for  discharge  be
changed.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  15 Aug  78  for  four
years.  He received a Letter of Reprimand  (LOR)  on  26 Oct  78  for  being
drunk and disorderly on station.  On 20 Feb 79, he received a  reduction  to
airman basic under Article 15, suspended until 26 Aug 79, and forfeiture  of
$50 per month for two months, for being drunk  and  disorderly  on  station.
He was promoted to airman first class  on  15 Aug  79.   On  26 Oct  79,  he
received a reduction to airman under Article 15, suspended until 29 Apr  80,
and forfeiture of $100, for being disorderly on station.  On  8 Aug  80,  he
was reduced to airman by Article 15 punishment for  failing  to  go  to  his
place of duty.  He received another LOR on  26 Aug  80  for  dereliction  of
duty.  On 7 Sep 80, the commander recommended  the  applicant  be  separated
with a general discharge without further probation and rehabilitation.   The
commander noted the applicant went through the Alcohol Abuse  Rehabilitation
Program and was placed back in the program following  other  alcohol-related
incidents.  The applicant was separated with a general  discharge  on  9 Oct
80 for Misconduct-Frequent Involvement of a  Discreditable  Nature  after  2
years, 1 month, and 25 days of active service.

On 29 Sep 92, in a personal  appearance,  the  Air  Force  Discharge  Review
Board (AFDRB) denied the applicant’s request for an honorable discharge  and
a changed reason for separation.  A copy of the AFDRB Brief is  provided  at
Exhibit C.

On 8 Mar 94, the AFBCMR  denied  the  applicant’s  appeal  for  an  upgraded
discharge and an amended narrative reason and reenlistment eligibility  (RE)
code on the basis of untimeliness.  A copy  of  the  Record  of  Proceedings
(ROP), with attachments, is provided at Exhibit E.

In an application dated 4 May 05, and a supplemental submission dated  9 May
05, the applicant requests reconsideration, contending  the  incidents  were
minor and alcohol-related.   He  did  not  realize  until  years  after  his
discharge that he was an alcoholic, making it impossible for  him  to  drink
in “moderation” as the Air Force had  advised.   He  belongs  to  Alcoholics
Anonymous (AA) but has been unemployed since 9/11.  He wants  his  discharge
upgraded and the reason for separation amended because he was  applying  for
a position as a corrections officer with the New  York  City  Department  of
Corrections (NYC DOC).  He supplies a copy of a 28 Jul 03  letter  from  the
Department of Veterans Affairs (DVA),  which  indicates  his  discharge  was
honorable  [apparently  the  DVA  considers  honorable  and  general  (under
honorable conditions) discharges the same].  However, on 26 Apr 05, the  NYC
DOC advised the applicant that he needed to provide an upgraded DD Form  214
reflecting an honorable discharge by 13 May 05.  He asks that the stigma  he
has endured for 25 years be removed.  Complete copies  of  his  submissions,
with attachments, are provided at Exhibit F.

On 19 May 05, the AFBCMR Staff invited the applicant to submit  post-service
information (Exhibit G).

On 26 May 05, the applicant responded to the AFBCMR  Staff’s  invitation  to
provide post-service information.  He explains he  received  counseling  for
his alcohol-induced altercations, but was advised to  drink  moderately  and
socially.  However, as an alcoholic,  this  was  impossible.   He  continued
drinking, especially when he became concerned  about  his  father’s  health.
He discusses his activities since his discharge, advises he joined  AA,  and
explains why  he  can  only  provide  a  few  references.   A  copy  of  the
applicant’s response, with attachments, is provided at Exhibit H.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Washington, D.C., provided an investigative  report  which  is  attached  at
Exhibit I.

A copy of the FBI report was forwarded to the applicant  on  26 May  05  for
review and comment within 20 days (Exhibit J).   However,  this  office  has
received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After careful consideration, we conclude  the  applicant  has  not  provided
persuasive evidence showing his discharge was improper or  contrary  to  the
provisions of the governing regulations in effect at the time, or  that  the
actions taken  against  him  were  based  on  factors  other  than  his  own
misconduct.  The applicant was given opportunities for rehabilitation  while
he was in the service through various disciplinary actions and his  two-time
placement  in  the  Alcohol  Abuse  Rehabilitation  Program.   Further,  the
contents of the  FBI  Report  reveal  his  misconduct  continued  after  his
discharge.   We  took  note  of  the  applicant’s  post-service  submission.
However, the two references provided only covered an  employment  period  of
approximately three years with nearly  20  years  between  these  two  jobs.
These meager and somewhat weak documents do not overcome the misconduct  the
applicant displayed both in the  service  and  for  many  years  thereafter.
Other than his own assertions, he provides no  further  documents  attesting
to his character and rehabilitation  in  civilian  life.   Having  found  no
error or injustice with regard to the actions that occurred while he  was  a
military member, and little evidence that his post-service  history  reveals
a  fully  rehabilitative  citizen,  we  cannot   recommend   upgrading   the
applicant’s discharge  characterization  or  amending  the  reason  for  his
discharge on the basis of either merit or clemency.

_________________________________________________________________

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 31 August 2005, under the provisions of AFI 36-2603:

                             Mr. Charles E. Bennett, Panel Chair
                             Mr. Wayne R. Gracie, Member
                             Ms. Renee M. Collier, Member

The following documentary evidence relating to AFBCMR Docket Number BC-1993-
02122 was considered:

   Exhibit E.  ROP, dated 8 Mar 94, w/atchs.
   Exhibit F.  DD Form 149, dated 4 May 05, and Letter, dated
                                             9 May 05, w/atchs.
   Exhibit G.  Letter, AFBCMR, dated 19 May 05.
   Exhibit H.  Letter, Applicant, dated 26 May 05, w/atchs.
   Exhibit I.  FBI Report.
   Exhibit J.  Letter, AFBCMR, dated 26 May 05.




                                   CHARLES E. BENNETT
                                   Panel Chair

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