RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00988
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 2 OCT 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation of Alcohol Abuse Rehabilitation
Failure be changed.
___________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his discharge he was a twenty-three year old (know-
it-all). He completed four years with a one-year extension. Soon
after his divorce, he was arrested for driving under the influence
(DUI). He was asked to attend Alcohol Rehab classes; however, he
refused to go and requested separation. He was separated in less
than a month and has had this reason for separation ever since.
He is now forty-five years old and has been working at a Veterans
Affairs center for the past five years. He has a bachelor’s degree
in business administration and has just been accepted at a graduate
school. He has had to live with the stigmatism of his reason for
separation for twenty-three years. He is sober and is a federal
government worker.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 9 Jun 78 for a
period of four years.
On 2 Jun 83, the squadron section commander initiated
administrative discharge action against the applicant for failure
in alcohol abuse treatment. The specific reasons for the proposed
action were:
On 24 Feb 83, applicant entered into alcohol rehabilitation
and was identified as a problem drinker. He later became
uncooperative and no longer wished to continue treatment and wanted
to be considered as a failure.
On 19 May 83, he failed to successfully complete the Substance
Abuse Reorientation and Treatment Program (SART).
On that same date, applicant acknowledged receipt of the discharge
notification and after consulting with counsel and having been
advised of his rights, applicant submitted a conditional waiver of
his rights associated with an administrative discharge board
hearing contingent on his receipt of no less than an honorable
discharge. . On 24 Jun 83, the staff judge advocate found the
case file legally sufficient to justify an administrative discharge
for failure in alcohol abuse treatment and recommended that the
applicant be discharged with an honorable discharge, without
probation and rehabilitation. On 6 Jul 83, the discharge authority
accepted the conditional waiver and directed the applicant be
honorably discharged and issued a DD Form 256AF (Honorable
Discharge Certificate).
On 8 Jul 83, the applicant was honorably discharged under the
provisions of AFR 39-10 by reason of alcohol rehabilitation failure
and was issued RE code 2C. He served 5 years and 1 month of active
duty service.
On 16 Jan 87, the Air Force Personnel Board considered the
applicant’s request to have his RE code of 2C upgraded. They found
the RE code was within regulatory requirements and properly issued.
However, applicant presented evidence of post service achievement
which convinced the Board that the reason and circumstances for his
code had been overcome. They directed his RE code be changed to RE-
1 and he be eligible to reenlist, provided otherwise qualified.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended applicant’s request be denied. Based on
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 evidence or identify any errors or injustices
that occurred in the discharge processing and provided no other
facts warranting a change to his narrative reason for separation.
A complete copy of the 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 26 April 2006 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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. The majority of
the Board finds that the discharge appears to be in compliance with
the governing regulations and finds no evidence to indicate the
applicant’s separation or his reason for separation was
inappropriate. The majority of the Board finds no evidence of
error in this case and after thoroughly reviewing the evidence of
record, they do not believe the applicant has suffered an
injustice. The Board noted the Air Force Discharge Review Board’s
decision to correct the applicant’s reenlistment eligibility (RE)
code based on his post-service information he submitted to them in
1986; however, other than his own statements the applicant has not
presented any documentation to substantiate his post-service
activities since 1986 and the majority of the Board is of the
opinion a further correction of the applicant’s record is not
warranted. Therefore, the majority of the Board finds no basis
upon which to favorably consider applicant’s request to change his
narrative reason for separation.
___________________________________________________________________
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-2006-00988 in Executive Session on 6 June 2006, under the
provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Elwood C. Lewis III, Member
By a majority vote, the Board recommended denial of the application.
Mr. Russell voted to grant, but he does not wish to submit a Minority
Report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Mar 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 19 Apr 06.
Exhibit D. Letter, SAF/MRBR, dated 28 Apr 06.
JAMES W. RUSSELL III
Panel Chair
AFBCMR BC-2006-00988
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of WILLAM S. ABATE, XXXXXXX
I have carefully reviewed the evidence of record and the
recommendation of the Board members. The majority found that
applicant had not provided sufficient evidence of error or injustice
and recommended the case be denied. I concur with that finding and
their conclusion that relief is not warranted. Accordingly, I accept
their recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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