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AF | BCMR | CY2008 | BC-2007-03080
Original file (BC-2007-03080.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03080
            INDEX CODE:  106.00
      XXXXXXXXXXX      COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  reenlistment  (RE)  code  of  “2C”  (Involuntarily  separated  with  an
honorable discharge; or entry level separation without  characterization  of
service) be changed so she may reenlist in the Air Force.
_________________________________________________________________

APPLICANT CONTENDS THAT:

She was discharged for not completing alcohol rehabilitation.   Three  years
have passed and she has had no problems with drinking.

In support of her request, applicant provides a copy of her DD Form 214.

The applicant’s submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 18 Jun 02, the applicant enlisted in the Regular Air Force in  the  grade
of airman first class (E-3) for a period of 6 years.

On 17 Jan 04, a Security Forces patrolman detected an alcoholic beverage  on
her breath.  On 21 Jan 04, the applicant was referred  to  the  Alcohol  and
Drug Abuse Preventive Treatment Program (ADAPT).  The applicant  refused  to
participate in the ADAPT program.

On 9 Feb 04,  the  applicant’s  commander  initiated  discharge  proceedings
against her under the provisions of AFI 36-3208, paragraph 5.32 (Failure  in
Alcohol Abuse Treatment).  The applicant was  notified  of  his  commander’s
recommendation and that an honorable discharge was being  recommended.   She
was advised of her rights in the matter.  The  applicant  consulted  counsel
and waived her right to submit statements in her behalf.  On 12 Feb 04,  the
discharge authority directed the applicant be discharged from the Air  Force
under the provisions of AFI  36-3208,  paragraph  5.32,  with  character  of
service as honorable.  The applicant was discharged on 27 Feb 04  by  reason
of “Alcohol Rehabilitation Failure” with a Separation Code of  “JPD”  and  a
Reenlistment Eligibility (RE) code of  “2C.”   She  had  served  1  year,  8
months and 11 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA  states  the  applicant’s  RE  code  is
correct and should not be changed.  The DPSOA evaluation, with  attachments,
is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30  Nov
07 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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 that would warrant a change to her RE  code.
 Evidence has not been provided that would  lead  us  to  believe  that  the
applicant’s discharge in 2004 was erroneous or unjust.  Therefore,  we  have
no basis to conclude that the corresponding RE code  that  was  assigned  at
the time of her separation does not accurately reflect the circumstances  of
her  separation.   In  the  absence  of  evidence  to  indicate   that   the
information contained in her records is  erroneous  or  that  her  commander
abused  his  discretionary  authority,  we  find  no  compelling  basis   to
recommend granting the 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-2007-03080
in Executive Session on 22 Jan 08, under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. James A. Wolffe, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
03080 was considered:

    Exhibit A.  DD Form 149, dated 17 Sep 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOA, dated 23 Oct 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Nov 07.





                                   LAURENCE M. GRONER
                                   Panel Chair



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