Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2007-00690
Original file (BC-2007-00690.DOC) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00690
            INDEX CODES:  100.06, 110.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  5 SEP 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation and separation program  designator
(SPD) and reenlistment eligibility (RE) codes be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code and reason for his separation  reflect  that  he  did  not
complete alcohol rehabilitation.  He completed the required treatment.
 He seeks to reenlist in the military.

In support of his  appeal,  the  applicant  provided  a  copy  of  his
separation document.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 22  Jan  02  for  a
period of six years in the grade of airman basic.

On 29 Jun 04, the applicant’s  commander  notified  him  that  he  was
recommending the applicant be discharged for failure in alcohol  abuse
treatment.  The reason was that on 2 Jun 04,  it  was  determined  the
applicant failed to complete the  program  of  treatment  for  alcohol
abuse prescribed for him in accordance with  AFI  44-121  due  to  his
unwillingness to comply with program standards.

Additionally, the commander indicated he was forwarding the  following
information to  the  separation  authority  for  consideration  as  to
whether the applicant should be discharged.

      a.  On  or  about  7 Jul  03,  an  investigation  disclosed  the
applicant was found drunk behind a bar, in such a  condition  that  he
fell over a sign causing it  and  him  to  collapse.   He  had  to  be
assisted back to the base.  For this incident, he received a letter of
admonishment (LOA), dated 7 Aug 03.

      b.  On or about 3 Jul 02, the applicant punched an airman in the
face with his fist, for which he received nonjudicial punishment under
Article 15, dated 25 Jul 02.

The applicant was advised of his rights in  the  matter  and  that  an
honorable discharge would be recommended.

On 9 Jul 04,  the  office  of  the  Staff  Judge  Advocate  found  the
discharge  case  file  was  legally  sufficient  and  recommended  the
applicant  be  furnished  an  honorable  discharge.    The   discharge
authority approved the discharge action and directed the applicant  be
honorably discharged.

On 16 Jul 04, the applicant was discharged under the provisions of AFI
36-3208 (Alcohol Rehabilitation Failure) in the grade of airman  first
class and furnished a general discharge.  He was assigned an SPD  code
of “JPD” and an RE code of “2B” (Separated with  a  general  or  under
other than honorable conditions (UOTHC) discharge).  He  was  credited
with 2 years, 5 months, and 25 days of active service.

On 24 Jan 05, the  applicant’s  character  of  service  was  corrected
administratively to read “Honorable” and his  RE  code  to  read  “2C”
(Involuntarily separated with an honorable discharge; or  entry  level
separation without characterization of service).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial indicating they found no evidence  of  an
error or injustice.  The applicant  failed  to  complete  the  alcohol
abuse treatment program.

A complete copy of the AFPC/DPPAE evaluation, with attachment,  is  at
Exhibit C.

AFPC/DPPRS  recommends   denial   indicating   that   based   on   the
documentation in the applicant’s records, the discharge was consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation and was within the discretion of the  discharge  authority.
The applicant did not submit any evidence or identify  any  errors  or
injustices that occurred in the discharge processing.  He provided  no
facts warranting a change to his RE code.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  27
Apr 07 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.   However,  we  do  not  find  the  applicant’s  uncorroborated
assertions or the documentation presented sufficient  to  persuade  us
that corrective action is warranted.  The evidence of record indicates
the applicant was involuntarily discharged for alcohol  rehabilitation
failure.  Although he was given an erroneous  character  of  discharge
and RE code, both have been administratively corrected.  There  is  no
indication in the evidence provided that the applicant’s discharge for
alcohol  rehabilitation  failure  was  improper  or  contrary  to  the
provisions of the directive under which it was effected.  Further,  it
appears the SPD code and corrected RE code were appropriately assigned
and accurately reflected the circumstances of his separation.  In view
of the foregoing, and in the absence of evidence to the  contrary,  we
conclude that no basis exists to recommend  favorable  action  on  the
applicant’s request that his narrative reason for separation  and  SPD
and RE codes be changed.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2007-00690 in Executive Session on 15 Aug 07, under the provisions  of
AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Mr. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Feb 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 16 Apr 07, w/atch.
    Exhibit D.  Letter, AFPC/DPPRS, dated 18 Apr 07.
    Exhibit E.  Letter, SAF/MRBR, dated 27 Apr 07.




                                   MICHAEL J. NOVEL
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2005-02610

    Original file (BC-2005-02610.DOC) Auto-classification: Approved

    He was assigned an separation program designator (SPD) code of KBK and an RE code of 2G (Participating in Track 4 or 5 of the Substance Abuse Reorientation and Treatment (SART) program for drugs, or has failed to complete Track 4). In AFPC/DPPAE’s view, the applicant’s RE code correctly reflects his failure in the ADAPT program. A complete copy of the Medical Consultant’s evaluation is at Exhibit I.

  • AF | BCMR | CY2007 | BC-2006-00898

    Original file (BC-2006-00898.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00898 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 SEP 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His separation program designator (SPD) code of “JFF” be changed to one that would not require him to repay his enlistment bonus. On 9 Jul 03, the office of the Staff Judge Advocate found...

  • AF | BCMR | CY1998 | 9703349

    Original file (9703349.pdf) Auto-classification: Denied

    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-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. A medical note from the Alcohol Rehabilitation Committee, dated 1 March 1988,...

  • AF | BCMR | CY2005 | BC-2004-03534

    Original file (BC-2004-03534.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03534 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 19 MARCH 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His separation code (K14) and reenlistment (RE) code (2H) be changed to allow him to reenter into military service. DPPRS’s evaluation is at Exhibit...

  • AF | BCMR | CY2007 | BC-2007-01729

    Original file (BC-2007-01729.doc) Auto-classification: Denied

    DPPRS states that based on the documentation on file in the applicant’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Additionally, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and he provided no facts warranting a change to his RE code. The complete DPPAE evaluation is at Exhibit...

  • AF | BCMR | CY2006 | BC-2006-01336

    Original file (BC-2006-01336.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01336 INDEX CODE: COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 6 Nov 07 _________________________________________________________________ APPLICANT REQUESTS THAT: The recoupment action of the Selective Reenlistment Bonus (SRB) be terminated. _________________________________________________________________ The following members of the Board considered this...

  • AF | BCMR | CY2005 | BC-2006-00561

    Original file (BC-2006-00561.doc) Auto-classification: Approved

    On 4 Oct 05, the applicant’s commander notified her via an AF Form 286A, “Notification of Nuclear Weapons Personnel Reliability Program Permanent Decertification/Disqualification Action,” he was concurring with the recommendation of the medical authority to permanently decertify her from the PRP. Air Force Form 418, dated 29 Sep 04, which indicates she was selected for reenlistment just 13 months prior to the AF Form 418 dated 28 Oct 05 denying her reenlistment. After reviewing the...

  • AF | BCMR | CY2004 | BC-2004-02308

    Original file (BC-2004-02308.doc) Auto-classification: Denied

    On 7 Jun 94, she elected to accept separation from the Air Force in lieu of a waiver of discharge processing. They recommended against changing the RE code as there is no error in the applicant’s records. A complete copy of the evaluation is at Exhibit D. HQ AFPC/DPPAT advises that DOD records indicate the applicant accepted MGIB enrollment on 12 Mar 93.

  • AF | BCMR | CY2008 | BC-2007-00080

    Original file (BC-2007-00080.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00080 INDEX CODE: 110.02 XXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: 1. On 8 May 06, the discharge authority directed the applicant be discharged from the Air Force with a general discharge. Exhibit C. Letter, AFPC/DPPRS, dated 27 Apr 07.