RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00712
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 3 Sep 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was not offered any alcohol counseling. After entering active
service, he enjoyed a successful and thriving experience for the
majority of his service period. He was recognized on several
occasions for outstanding performance, was awarded “Airman of the
Month,” considered for early promotion, and awarded the Air Force
Commendation Medal prior to experiencing problems with alcoholism.
Upon his reassignment stateside, he began experiencing “blackouts”
when consuming alcohol. It was during these periods of blackouts
that his troubles inevitably followed. This condition worsened,
and subsequently resulted in disciplinary action and premature
dismissal from service.
Following discharge, his difficulties with alcoholism progressed
and became increasingly acute until he reached a point where help
was possible in Jun 86. He has now continued with this program
since that time and consequently just celebrated the completion of
his 19th year of continuous sobriety.
In support of his appeal, applicant submitted a personal statement;
and extracts from his military personnel records, to include his
DD Form 214, Certificate of Release or Discharge from Active Duty,
dated 6 Jun 80, enlistment contract and other documents.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 5 Apr 78, for a
period of four years in the grade of airman basic.
On 14 May 80, the squadron commander initiated administrative
discharge action against the applicant for his inability to expend
efforts constructively as shown by his inability or refusal to
participate in, cooperate in, or complete the alcohol
rehabilitation program, and his receipt of an Article 15 for two
counts of driving while intoxicated (DWI), and for being seen in
the emergency room on 30 Apr 80 for a psychotic reaction due to his
indulgence with prescribed drugs and alcohol.
On or about 1 Mar and 14 Mar 80, applicant operated a passenger car
on base while drunk. For this offense, he received Article 15
punishment consisting of a reduction in grade to airman and
forfeiture of $250 per month for two months. Reduction and
forfeiture in excess of $75 per month were suspended for six
months. Additionally, the applicant’s on-base driving privileges
were revoked for a period of one year.
On 5 and 17 Mar 80, applicant was evaluated by the alcohol
substance office. On 27 Mar 80, he was entered in the alcohol
rehabilitation program. On 8 May 80, applicant failed alcohol
rehabilitation based on no commitment to the program.
On that same date, applicant acknowledged receipt of the discharge
notification. On 23 May 80, an evaluation officer was appointed
and the applicant was advised of the nature of the action and
advised of his rights to submit a rebuttal and make statements in
his own behalf. On 27 May 80, after consulting with an evaluation
officer, applicant submitted statements in his own behalf, stating
that the cause of his marginal performance was based on his alcohol
problem; however, after further counseling from both military and
civilian chaplains on matters concerning his problems, his eyes had
been opened and with the proper counseling and treatment he could
be an important asset to the Air Force.
On 28 May 80, the evaluation officer recommended that applicant be
furnished a general discharge and that he should be considered for
rehabilitation based on his previous record of excellent
performance. On 6 Jun 80, the discharge authority approved a
general (under honorable conditions) discharge; however, probation
and rehabilitation was not deemed appropriate because of
applicant’s involvement in two alcohol-related incidents and
failure to complete the alcohol abuse program.
On 6 Jun 80, applicant was discharged under the provisions of
AFR 39-12 by reason of Unsuitable - Apathy and Defective Attitude-
Evaluation Officer, with service characterized as general (under
honorable conditions). He was credited with 2 years, 2 months, and
2 days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, WV, indicated on 19 Apr 05, that, on the
basis of data furnished, they are unable to locate an arrest record
(Exhibit E).
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended applicant’s request be denied. Based on
the documentation in the file, they found the discharge consistent
with the procedural and substantive requirements of the discharge
regulation. Additionally, the discharge was within the sound
discretion of the discharge authority. They also noted applicant
did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing and provided
no other facts warranting a change to his character of service.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He states that alcohol-related difficulties continued to plague him
for some five and one-half years post service. Since that time
he’s managed a successful career managing restaurants, alcoholism
notwithstanding.
He further described his career since being treated for alcoholism
in 1986, working as a cook and an emergency medical technician.
In support of his appeal, applicant provided a personal statement
and a civilian resume.
Applicant’s complete response is at Exhibit G.
___________________________________________________________________
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. After a thorough
review of the evidence of record and applicant's submission, we are
not persuaded that his assertions, in and by themselves, are
sufficiently persuasive to override the rationale provided by the
Air Force. The evidence of record indicates the applicant’s
discharge was based on his receipt of an Article 15 for two counts
of driving while intoxicated, and his inability or refusal to
participate in, cooperate in, or complete the Alcohol
Rehabilitation program. The discharge appears to be in compliance
with the governing Air Force regulations and we find no evidence to
indicate that his separation from the Air Force was inappropriate.
We find no evidence of error in this case and after thoroughly
reviewing the documentation that has been submitted in support of
applicant's appeal, we do not believe he has suffered from an
injustice. Therefore, based on the available evidence of record,
we find no basis upon which to favorably consider 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 AFBCMR Docket Number
BC-2005-00712 in Executive Session on 23 June 2005, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Christopher D. Carey, Member
Mr. Wayne R. Gracie, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Feb 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 11 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 18 Mar 05.
Exhibit E. FBI Report of Investigation, dated 19 Apr 05.
Exhibit F. Letter, AFBCMR, dated 27 Apr 05.
Exhibit G. Letter, Applicant, dated 24 May 05, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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