RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01293
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  20 October 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation program designator (SPD) code  and  reenlistment  eligibility
(RE) code be changed to permit his reentry into the military.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His Area Defense Counsel (ADC) told him that if he would  waive  his  rights
to an appeal, he would receive an honorable discharge and be able to  finish
his military career in the  Reserve.   He  was  very  disappointed  when  he
received his DD Form 214, Certificate of Release or  Discharge  from  Active
Duty, and discovered he could not reenter the military.

In support of his application, the applicant provides a copy of his DD  Form
214.  The applicant’s complete submission, with attachment,  is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 May 1979, the applicant enlisted in the Regular Air Force at  the  age
of 17 in the grade of airman basic (E-1).  He was  trained  as  a  Utilities
Systems Journeyman and was progressively promoted  to  the  grade  of  staff
sergeant.  He received 23 enlisted performance reports between 31  May  1979
and 6 February 1998 with overall ratings of 8, 9, 9, 9, 9, 7, 9,  9,  8,  9,
9, 9, 9, 8, 4, 4, 4, 4, 5, 5, 4, 2, and 2.

On 6 June 1985, the applicant received Article 15 punishment for failure  to
go at the time prescribed to his appointed place of  duty.   His  punishment
consisted of reduction to the grade of airman first class (E-3),  forfeiture
of  one-half  of  one  month’s  pay  per  month  for  two  months,  30  days
correctional custody, 60 days’ restriction, 45 days of  extra  duty,  and  a
reprimand.  The execution for the portion of the punishment  which  provided
for  reduction  in  grade  to  airman  first  class  was   suspended   until
29 November 1985, at which time it was remitted without further action.

On 10 January 1996, the applicant  was  entered  into  the  Substance  Abuse
Reorientation and  Treatment  Program  Track  3  after  being  arrested  for
driving under the influence on base.  On  18  January  1996,  the  applicant
received Article 15 punishment for operating a passenger  car  while  drunk.
His punishment consisted of reduction in grade to senior airman  (E-4)  with
a date of rank of 18 January 1996, forfeiture of $100 pay per month for  two
months, and 30 days of extra duty.  He completed Track 3  Reorientation  and
Treatment on 1 April 1996.

On 7 August 1997, the applicant was admitted to the  Alcohol  Rehabilitation
Center (ARC) following an alcohol related incident on 16 June  1997.   On  8
August 1997, the applicant received Article 15 punishment for failure to  go
at  the  time  prescribed  to  his  appointed  place  of  duty   and   being
incapacitated  for  proper  performance   of   his   duties   due   to   his
overindulgence  in  intoxicating  liquors.   His  punishment  consisted   of
reduction to the grade of senior airman (E-4) with a new  date  of  rank  of
8 August 1977.  The applicant successfully completed the ARC program  on  21
August 1997.   Subsequently,  the  applicant  was  placed  in  an  aftercare
program consisting of two Alcoholics Anonymous (AA) meetings per  week,  one
aftercare group counseling per week, individual counseling  as  needed,  and
abstinence  from  alcohol.   The  applicant  received  a  referral  enlisted
performance report for the period 13 July  1996  through  6  September  1997
with ratings of failure to meet minimum standards and  unacceptable  conduct
on/off duty.

On 13 January 1998,  the  applicant  received  a  Letter  of  Reprimand  for
failure to pay his Government  American  Express  in  a  proper  and  timely
manner.  On 20 January 1998, the applicant received a Letter  of  Counseling
for making himself absent after being assigned to a co-worker to  accomplish
a work order, and failure to notify his supervisor of  his  status  or  well
being.  He received a referral enlisted performance report  for  the  period
7 September 1997 through  6  February  1998  with  ratings  of  unacceptable
conduct on/off duty and ineffective  supervising  or  leading.   Between  22
October 1997 and 16 April 1998, the applicant missed  five  aftercare  group
meetings and  did  not  supply  adequate  proof  of  AA  attendance  on  ten
occasions.  He attended several individual  sessions  which  met  with  poor
results due to his failure to follow through on program goals.  On 16  April
1998, during a Treatment Team Meeting, it was  unanimously  determined  that
the applicant was a substance abuse program failure.

On 22 April 1998, his commander notified the applicant  that  he  was  being
recommended for discharge due to his failure  in  Alcohol  Abuse  Treatment.
The applicant acknowledged receipt and after  consulting  with  counsel,  he
waived  his  right  to  a  discharge  board,  waived  his  right  to  submit
statements in his own behalf, and  chose  not  to  request  lengthy  service
probation consideration.  The Staff Judge Advocate found  the  case  legally
sufficient on 22 April 1998 and  recommended  acceptance  of  a  conditional
waiver  for  the  applicant’s  immediate   discharge   with   an   honorable
characterization of service.  On 24  April  1998,  the  discharge  authority
accepted the conditional waiver and  directed  the  applicant  be  honorably
discharged  without  suspension  for  probation  and  rehabilitation.    The
applicant  was  discharged  effective  3   May   1998   with   a   honorable
characterization  of  service,   a   separation   code   of   HPD   (Alcohol
Rehabilitation Failure) and a reentry code of  2c  (involuntarily  separated
with an honorable discharge).  He served 18 years, 11 months, and 3 days  on
active duty.

On 20 June 2005, the Air Force Personnel Center Separations Branch issued  a
DD Form 215, Correction to DD Form 214, changing  the  applicant’s  RE  code
from “2C” to “2H” (Participating in Track 4 or  5  of  the  Substance  Abuse
Reorientation and Treatment program for alcohol, or has failed  to  complete
Track 4)

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states that the  applicant’s  discharge
was consistent with the  procedural  and  substantive  requirements  of  the
discharge regulation and was within the sound discretion  of  the  discharge
authority.  The applicant did not  provide  any  evidence  or  identify  any
errors or injustices that occurred in  the  discharge  process.   The  DPPRS
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  24
June 2005 for review and response within 30 days (Exhibit D).  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  file  was
erroneous, his substantial rights were  violated,  or  that  his  commanders
abused their discretionary authority.  The  RE  and  SPD  codes  which  were
issued at the time of the applicant’s  separation  accurately  reflects  the
circumstances of his separation and we do not find  these  codes  to  be  in
error or unjust.  In view of  the  foregoing,  we  conclude  that  no  basis
exists upon which to recommend favorable action on his request that they  be
changed.

_________________________________________________________________

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 20 September 2005, under the provisions of AFI 36-2603:

            Ms. B. J. White-Olson, Panel Chair
            Mr. James A. Wolffe, Member
            Ms. Janet I. Hassan, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-01293:

    Exhibit A.  DD Form 149, dated 14 Apr 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 2 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Jun 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair