Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-00712
Original file (BC-2005-00712.doc) Auto-classification: Denied


                       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



Similar Decisions

  • AF | BCMR | CY2007 | BC-2006-00046

    Original file (BC-2006-00046.doc) Auto-classification: Denied

    The arrest report revealed a blood pressure reading of 200/140 at the time of the arrest. Review of the service medical records revealed that the applicant was placed in an alcohol rehabilitation program 10 Nov 81. The applicant's alcohol use during the last two years of service is well documented in the service medical records from the Alcoholism Rehabilitation Center at Sheppard AFB, in addition to reports from his commander of two civilian arrests for alcohol abuse, one for public...

  • AF | BCMR | CY2014 | BC 2014 01258

    Original file (BC 2014 01258.txt) Auto-classification: Denied

    The Air Force gives airman who have served over 16 years on active duty an additional opportunity for P&R based on lengthy service. Further, AFI 36-3208 states alcohol abusing airmen who fail a program of treatment for alcohol abuse because of their inability to comply with treatment are subject to discharge if they also “lack the potential for continued military service.” Therefore, even if he had failed ADAPT, there was no basis for discharge under AFI 36-3208 because he demonstrated...

  • AF | BCMR | CY2006 | BC-2005-03896

    Original file (BC-2005-03896.doc) Auto-classification: Denied

    On 28 Jul 83, the base legal office reviewed the case and found it legally sufficient and recommended applicant’s unconditional waiver be accepted and that he be discharged with an under other than honorable conditions discharge without probation and rehabilitation. On 5 Aug 83, applicant was discharged in the grade of airman basic, under the provisions of AFR 39-10, for a pattern of misconduct - discreditable involvement with military or civil authorities, with an under other than...

  • AF | BCMR | CY2005 | BC-2005-01407

    Original file (BC-2005-01407.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01407 INDEX CODE: 133.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 AUGUST 2006 _________________________________________________________________ APPLICANT REQUESTS: A 23-month extension to his current enlistment and a Career Job Reservation (CJR) so that he may reenlist in the Air Force. In support of his request, the applicant submits a statement from...

  • AF | BCMR | CY2006 | BC-2006-00075

    Original file (BC-2006-00075.doc) Auto-classification: Denied

    If the applicant had not been court-martialed and reduced to the grade of AB, he would have been promoted to the grade of SRA on 16 Feb 04, provided there were no ineligibility conditions and he had the recommendation of his commander. A complete copy of the evaluation is at Exhibit C. HQ AFPC/DPPPWB notes the applicant’s incorrect promotion to airman and A1C and provides details regarding the applicant’s promotion eligibility and the pertinent DORs based on various circumstances. A...

  • AF | BCMR | CY2003 | BC-2002-03277

    Original file (BC-2002-03277.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03277 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. However, he did serve honorably while in the Air Force. In support of his request, applicant provided a copy of his discharge evaluation officer's...

  • AF | BCMR | CY2005 | BC-1993-02122A

    Original file (BC-1993-02122A.doc) Auto-classification: Denied

    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. 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. Complete copies of his submissions, with attachments, are provided at Exhibit F. On 19 May 05, the AFBCMR Staff invited the applicant to submit...

  • AF | BCMR | CY2008 | BC-2007-04009

    Original file (BC-2007-04009.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-04009 INDEX CODE: 126.04, 131.05 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The Article 15 punishment imposed upon him on 9 May 07 be removed from his records and that his rank of senior airman be restored. The commander relied upon sound evidence in determining that nonjudicial punishment was...

  • AF | BCMR | CY2005 | BC-2005-00651

    Original file (BC-2005-00651.doc) Auto-classification: Denied

    Additionally, the applicant’s base driving privileges were suspended. In addition, based on his overall record of service, the contents of the FBI Report of Investigation, and the absence of evidence related to his post-service activities and accomplishments, we are not persuaded that an upgrade of the characterization of his discharge is warranted on the basis of clemency. Exhibit E. Letter, SAF/MRBR, dated 25 Mar 05.

  • AF | BCMR | CY2008 | BC-2008-00192

    Original file (BC-2008-00192.doc) Auto-classification: Denied

    He was given an Article 15, Record of Nonjudicial Punishment, on 9 Jun 83. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) was unable to identify with an arrest record based on the information furnished (Exhibit C). _________________________________________________________________ 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...