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AF | BCMR | CY2005 | BC-2004-03271
Original file (BC-2004-03271.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2004-03271
                                  INDEX CODE:  112.00

                                  COUNSEL:  NONE

                                  HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2H be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He would like to enlist in the U.S. Army.

In support of the appeal, applicant submits a copy of his DD Form 214
and  a  letter  stating  he  successfully  completed   the   chemical
dependency program at New Life Treatment Center on 7 March 1989.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 14  December  1984  in
the grade of airman basic.  He  was  progressively  promoted  to  the
grade of airman on 14 June 1985 and airman  first  class  on  10 June
1986.  He received four Airman Performance Reports (APRs) closing  13
December 1985, 23 May 1986 (referral), 23 May 1987, and 23 May  1988,
of which the overall evaluations were “8,” “8,” “8,” and “9.”

On 10 April 1987, applicant received an Article  15  because,  on  or
about 3 April 1987, he was derelict in the performance of his  duties
in that he willfully failed to refrain from discussing a conversation
he had with the OSI, as it was his duty to do.  Punishment  consisted
of reduction to the grade of airman, with his new date of rank of  27
April 1987.  He appealed and stated he would submit  a  statement  in
three days.  The appeal was denied on 12 May 1987.   The  record  was
examined and found  legally  sufficient  on  29  May  1987.   He  was
promoted to the grade of airman first class with the date of rank  of
27 February 1988.

On 3 June 1987,  applicant  self-identified  to  medical  authorities
based on his concern  for  his  increased  alcohol  consumption.   On
3 November 1988,  he  was  identified  through  public  intoxication,
diagnosed  as  an  alcohol  abuser  by  the  medical  authority   and
permanently decertified from the personnel  reliability  program  for
his security forces duties.   By  direction  of  the  commander,  the
authority to bear firearms was indefinitely withdrawn.  He was placed
in Track 4B of the rehabilitation program.  He had not completed  the
program at the time of his discharge from active duty.

Applicant was discharged from the Air Force on 12 February 1989 under
the provisions of AFR 39-10, Completed Extended Enlistment,  with  an
honorable discharge.  He served four years and two months  on  active
duty.  He received an RE code of 2H (Participating in Track 4 or 5 of
the Substance Abuse Reorientation and Treatment  (SART)  Program  for
alcohol, or failed to complete Track 4).

Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West  Virginia,  indicated  on  the  basis  of  the  data
furnished they were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial of applicant’s request.  They  conducted
a review of his military personnel records and found no  evidence  of
injustice or error.  They acknowledge and commend the  applicant  for
completing the chemical dependency  program  at  New  Life  Treatment
Center on 7 March 1989.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 December 2004, a copy of the Air Force evaluation was forwarded
to the applicant for review  and  response  within  30  days.   On  7
January 2005,  the  applicant  was  invited  to  provide  information
pertaining to his activities since leaving the service.  As  of  this
date, no response has been received by this office (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  error  or  injustice.   The  evidence  of  record
indicates  the  applicant  had  been   entered   into   the   Alcohol
Rehabilitation program and had not completed the program at the  time
of his separation.  Therefore, we have no basis to find the  RE  code
assigned at his separation was in error.  The applicant has stated he
successfully completed a substance abuse program  subsequent  to  his
separation and has provided a statement from the administrator of the
Treatment Center to support his claim.  However, we do not  find  his
completion of the program  in  1989,  alone,  sufficient  to  warrant
approval of the requested relief without  evidence  in  the  form  of
character/work references showing he has continued  in  the  sobriety
required by such a program and that he is a responsible member of the
community.  Without such evidence, we are not inclined  to  favorably
consider the applicant’s request.

_________________________________________________________________

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 1 March 2005, under the provisions  of  AFI  36-
2603:

                 Mr. Charles E. Bennett, Panel Chair
                 Ms. Jan Mulligan, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 Sep 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPAE, dated 2 Dec 04.
      Exhibit D. Letters, SAF/MRBR, dated 10 Dec 04 and AFBCMR
                 dated 7 Jan 05.




                                  CHARLES E. BENNETT
                                  Panel Chair


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