RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04545
COUNSEL:
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His narrative reason for separation and separation code of
JPD which denotes Alcohol Rehabilitation Failure be changed.
2. His reentry (RE) code of 2C which denotes Involuntarily
separated with an honorable discharge; or entry-level separation
without characterization of service be changed to allow him to
reenlist in the Armed Forces.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant through counsel submits a six page legal brief
with attachments with the following major contentions:
1. His discharge was inequitable and legally insufficient when
compared to other discharges for Alcohol and Drug Abuse
Prevention and Treatment (ADAPT) failure around the Air Force.
2. He did not fail the ADAPT program because he was unwilling
or refused treatment. Instead, like most alcohol abusers, he
suffered a minor relapse and was deemed unable to complete
treatment.
3. He was treated differently and more harshly than other
members of the Air Force under the same or similar
circumstances.
4. His commander and the ADAPT Program Manager did not provide
adequate notice and denied him any meaningful opportunity to
respond by not providing evidence and/or asserting as fact
information which was not supported by evidence.
5. The discharge was unsubstantiated and the available evidence
demonstrates by more than a preponderance that he should have
been rehabilitated and retained.
In support of his request, the applicant provides copies of a
six-page legal brief, Letter of Reprimand (LOR), and letters of
support.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 8 Nov 05, the applicant enlisted in the Regular Air Force.
On or about 24 Dec 06, the applicant unlawfully assaulted airman
first class --------- in the face with his hand causing his nose
to bleed in violation of Article 128, Uniform Code of Military
Justice (UCMJ) and was drunk and disorderly, in violation of
Article 134, UCMJ. For this misconduct, he received an Article
15, UCMJ, reduction to the grade of airman, forfeiture of
$250.00 pay, restriction to the base for 30 days and 15 days
extra duty. In addition, he was enrolled in the ADAPT program,
which he successfully completed.
On 2 Aug 08, the applicant became intoxicated and then broke
into private property. For this misconduct, he received a
Letter of Reprimand (LOR).
On 8 Aug 08, the applicant was diagnosed as an alcohol abuser
and enrolled into the ADAPT program for a second time in his Air
Force career.
On 7 Nov 08, the applicant failed the ADAPT program because of
his inability to complete the treatment program, which included
his inability to abstain from consuming alcohol and lack of
integrity to come forward and ask for help.
The applicant was notified of his commanders intent to recommend
he be discharged from the Air Force under the provisions of AFI
36-3208, Administrative Separation of Airman for failure in
ADAPT program due to inability.
The Staff Judge Advocate reviewed the case and found it legally
sufficient to support a discharge and recommended that he
receive an honorable discharge without probation and
rehabilitation.
On 6 Mar 09, the applicant was discharged with service
characterized as honorable in the grade of senior airman. He
served 3 years, 3 months and 29 days of total active service.
On 3 Aug 09, the applicant submitted an appeal to the Air Force
Discharge Review Board (AFDRB).
On 28 Sep 10, the AFDRB determined that the discharge was
consistent with the procedural and substantive requirements of
the discharge regulation, and was within the discretion of the
discharge authority and that the applicant was provided full
administrative due process (see AFDRB Hearing Record at Exhibit
B).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial of the applicants request to
change his RE code. DPSOA states that the applicants RE code
2C is required IAW AFI 36-2606, Reenlistments in the USAF, based
on his involuntary discharge with honorable character of
service.
The applicant does not provide proof of an error or injustice in
reference to his RE code.
The complete DPSOA evaluation is at Exhibit C.
AFPC/DPSOR recommends denial of the applicants request to
change his narrative reason for separation and separation code.
DPSOR states that based on the documentation on file in the
applicants master personnel records, the discharge to include
the narrative reason for separation and separation code was
consistent with the procedural and substantive requirements of
the discharge instruction and was within the discretion of the
discharge authority.
The applicant does not provide proof of an error or injustice
that occurred in the discharge processing.
The complete DPSOR evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 17 Feb 13, for review and comment within 30 days
(Exhibit E). As of this date, this office has not received a
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 an error or injustice. After
careful consideration of the circumstances of this case and the
evidence provided by the applicant, we are not persuaded the
applicants narrative reason for separation, separation code and
reentry code are in error or unjust. Therefore, we agree with
the opinions and recommendations of the Air Force offices of
primary responsibility and adopt their rationale, as the basis
for our conclusion the applicant has not been the victim of an
error or injustice. In addition, based on the available
evidence of record, it appears the discharge was consistent with
the substantive requirements of the discharge regulation and
within the commander's discretionary authority. The applicant
has provided no evidence which would lead us to believe the
narrative reason for separation or the assigned RE code was
contrary to the provisions of the governing regulation, unduly
harsh, or disproportionate to other members similarly situated.
In view of the above and in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
4. The applicants 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-2012-04545 in Executive Session on 2 Jul 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04545 was considered:
Exhibit A. DD Form 149, dated 18 Apr 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 11 Feb 13.
Exhibit D. Letter, AFPC/DPSOR, dated 28 Nov 12.
Exhibit E. Letter, SAF/MRBR, dated 17 Feb 13.
Panel Chair
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