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
By completing all requirements, the RE code should have reflected a code which would allow him to reenlist. A complete copy of the DPPAE evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 27 Jan 98 for review and response. Therefore, his separation and RE codes accurately reflect the reason for his separation and his status vis-a-vis the alcohol rehabilitation program at the time of his separation.
AF | BCMR | CY2005 | BC-2004-03271
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When it was time for him to go on terminal leave, he had one final team meeting to discuss his progress with his supervisor, counselor, first sergeant, commander, and the officer overseeing the SART program. After a thorough review of the available records, we found no evidence that the RE code assigned at the time of applicant’s separation was in error or contrary to the governing regulation. Accordingly, we recommend that the records be corrected as indicated below.
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