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AF | BCMR | CY2007 | BC-2007-01020
Original file (BC-2007-01020.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01020
            INDEX CODE:  110.02

            COUNSEL: NONE


            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 SEP 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to allow entry  into
the National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code prevents him from enlisting in the National Guard.

In support of his request, the applicant submits  a  copy  of  DD Form
214, Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
20 March 1996, for a term of four years.

On 14 February 1997, the applicant was notified by his commander  that
he was recommending he be discharged from the Air Force for failure in
Alcohol Treatment (refused  to  participate  in  the  Substance  Abuse
Reorientation and Treatment (SART) Program.  The bases for the  action
were that on 31 December 1996,  he  was  evaluated  by  Mental  Health
regarding his alcohol use and was diagnosed  with  alcohol  dependence
uncomplicated withdrawal; on 9 January 1997, he entered into the  SART
program and indicated he would not participate; on 23 January 1997, he
again refused treatment and on or about 24 February 1997, he failed to
report  to  his  assigned  duty  section  and  received  a  Letter  of
Reprimand.

He acknowledged receipt of the notification  of  discharge  and  after
consulting with legal counsel submitted statements in his own  behalf.
The  base  legal  office  reviewed  the  case  and  found  it  legally
sufficient to support separation and recommended he be discharged with
a general (under honorable conditions) discharge without probation and
rehabilitation (P&R).  The discharge authority approved the  discharge
and directed a honorable discharge without P&R.

On 7 April 1997, he was discharged, under the provisions  of  AFI  36-
3208, Administrative Separation  of  Airmen,  (alcohol  rehabilitation
failure) with an honorable discharge.  He received an RE  code  of  2C
“Involuntarily separated with an honorable discharge; or  entry  level
separation without characterization of service”.  He served 1 year and
18 days total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon  the  documentation  in  the
file, the discharge was consistent with the procedural and substantive
requirements of the  discharge  regulation.   The  applicant  did  not
submit any new evidence or identify  any  errors  or  injustices  that
occurred in the discharge processing.  He provided no facts warranting
a change to his under honorable conditions (general) discharge or  his
RE code.

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 4
May 2007, for review and comment within 30 days.  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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice.  Applicant’s  contentions  are
duly noted; however, we are not persuaded that the applicant has  been
the victim of  an  error  or  injustice.   At  the  time  members  are
separated from the Air Force, they are furnished an RE code predicated
upon  the  quality  of  their  service  and  circumstances  of   their
separation.  After a thorough review of the  evidence  of  record,  we
believe that  given  the  circumstances  surrounding  the  applicant’s
separation, the RE code issued was in accordance with the  appropriate
directives.  Therefore, we find  no  basis  upon  which  to  recommend
granting relief sought in this application.

_________________________________________________________________

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 Docket  Number  BC-2007-
01020 in Executive Session on 20 June 2007, under  the  provisions  of
AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Wallace F. Beard Jr., Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Mar 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Memo, AFPC/DPPRS, dated 11 Apr 07.
      Exhibit D. Letter, SAF/MRBR, dated 4 May 07.




      THOMAS S. MARKIEWICZ
      Chair

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