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AF | BCMR | CY2005 | BC-2005-02101
Original file (BC-2005-02101.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02101
                       INDEX CODE:  110.00
                       COUNSEL:  NONE

                                                HEARING DESIRED:  NO

MANDATORY CASE COMPLETION:  17 FEB 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) and separation codes be  changed  to
allow him to reenter military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not dispute the records.  He is requesting  a  status  change.
He was not aware of his status at the time or he would have  completed
the necessary requirements.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 28 September 1984, the applicant enlisted in the Regular Air  Force
(RegAF) as an airman basic (AB) for a period of four years.

In a medical note dated 27 October 1986, the applicant was seen by the
Mental Health Clinic (MHC) for an alcohol-related altercation.

On 29 October 1986, the applicant received an Article 15  for,  on  or
about 23 October 1986, being disrespectful and assaulting  a  superior
noncommissioned  officer.   For  this   misconduct,   his   punishment
consisted of forfeiture of $100.00 dollars and  seven  days  of  extra
duty.

On 30 October  1986,  the  applicant  was  evaluated  by  the  Alcohol
Rehabilitation Committee and it was determined that he would not enter
the alcohol awareness seminar and the case was closed.

On 3 November  1987,  the  applicant  was  evaluated  by  the  Alcohol
Rehabilitation Committee  for  his  involvement  in  a  motor  vehicle
accident.  The commander determined the applicant would enter into the
local alcohol rehabilitation program  because  he  was  driving  while
under the influence.

A medical  note  from  the  Alcohol  Rehabilitation  Committee,  dated
1 March 1988, indicated the applicant may soon be discharged under the
early out program.

Applicant’s APR/EPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                   25 Nov 85            9
                   25 Nov 86            8
                   25 Nov 87            9

On 31 March 1988,  the  applicant  was  separated  with  an  honorable
discharge under the provisions of Air  Force  Regulation  (AFR)  39-10
(early separation program – strength reduction) in the grade of senior
airman and issued an RE code of “2H” (Participating in Track 4 or 5 of
the Substance Abuse Reorientation and Treatment  (START)  program  for
alcohol, or has failed to complete Track 4) with a separation code  of
“J22.”  He served three years, six months, and  four  days  of  active
duty service.

On 18 July 2005, HQ AFPC/DPPAE informed the applicant that the RE code
on his DD Form 214 was correct.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not submitted any  evidence  nor
identified any errors or injustices that occurred in the  processing
of his discharge.  Based upon the documentation in  the  applicant’s
file, they believe his discharge was consistent with the  procedural
and substantive requirements of the discharge  regulations  of  that
time.  Also, the discharge was within the sound  discretion  of  the
discharge authority.  The applicant did not  provide  any  facts  to
warrant an upgrade of his discharge.  Based on the  information  and
evidence provided, they recommend the request be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

AFPC/DPPAES states the applicant’s records  do  not  show  he  made  a
request to remain on active duty until his treatment was
completed.  Nor,  does  the  applicant  dispute  the  reason  for  his
separation.  Therefore they recommend the requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
7 October 2005, for review and response.  As of this date, no response
has been received by this office.

_________________________________________________________________

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 careful  consideration  of
the circumstances of this  case  and  the  evidence  provided  by  the
applicant, a majority of the Board is not persuaded that the discharge
action and the resulting reenlistment eligibility and separation codes
he received were in error or unjust.  Applicant’s contentions are duly
noted;  however,  the  majority   agrees   with   the   opinions   and
recommendations of the Air Force and  adopt  their  rationale  as  the
basis for its conclusion that the applicant has not been the victim of
an error or an injustice.  The  applicant  received  reenlistment  and
separation codes which reflected the circumstances of his  separation.
He received an reenlistment code that reflects he was participating in
the  Substance  Abuse  Reorientation  and  Treatment  Program,  and  a
separation code  which  reflects  he  was  released  under  the  Early
Separation Program – Strength Reduction.  In view of the above and  in
the absence of sufficient evidence to the contrary, the majority finds
no compelling basis to recommend granting the relief  sought  in  this
application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-02101  in  Executive  Session  on  15  November  2005  under  the
provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Ms. Jean A. Reynolds, Member

By majority vote, the Board recommended denying the  application.  Mr.
Peterson voted to grant the relief requested but  did  not  desire  to
submit a Minority Report.   The  following  documentary  evidence  was
considered:

      Exhibit A. DD Form 149, dated 15 Aug 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPRS, dated 9 Sep 05.
      Exhibit D. Letter, HQ AFPC/DPPAE, dated 19 Sep 05.
      Exhibit E. Letter, SAF/MRBR, dated 7 Oct 05.




                                        RICHARD A. PETERSON
                             Panel Chair






AFBCMR BC-2005-02101





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully considered all aspects of this case and do not
agree with the majority of the panel that the applicant’s request
should be denied.

      After reviewing the available documentation, I believe
applicant’s reenlistment and separation codes should be changed to
allow him the opportunity to reenter military service.  In this
respect, it appears he was not afforded the opportunity to complete
the Substance Abuse Reorientation and Treatment (SART) Program prior
to his being separated under the early separation program.  Therefore,
I am persuaded the applicant’s reenlistment code should be changed to
“1J” and his separation code to “KND.”




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency






AFBCMR BC-2005-02101




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to         , be corrected to show that on 31 March
1988, he was separated with an honorable discharge under the
provisions of AFR 39-10, with a Reenlistment Eligibility (RE) code
of “1J” and a Separation Program Designator (SPD) code of “KND.”





                                        JOE G. LINEBERGER
                                        Director
                                  Air Force Review Boards Agency

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