RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  99-00744
		INDEX NUMBER:  100.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) Code of 2H be changed so that he can join the Air National Guard or Reserves or reenter on active duty.

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APPLICANT CONTENDS THAT:

In February 1997, he was involved in an accident after drinking.  Because of this incident, he was placed into the Substance Abuse Reorientation and Treatment (SART) program.  He did not hesitate to join the program because he accepted any and all consequences due to his irresponsible action.

He was also informed that if he did well in the program, he would be granted permission to graduate early because his date of separation (DOS) was prior to the completion date of the program.  When it was time for him to go on terminal leave, he had one final team meeting to discuss his progress with his supervisor, counselor, first sergeant, commander, and the officer overseeing the SART program.  His supervisor stated that he had continued to do an excellent job at work.  His counselor stated that he saw no future problems and had no concern with him being allowed to graduate early.  His commander, on the other hand, refused to allow him to graduate early from the program.

Applicant’s complete statement and documentary evidence, including a letter from the NCOIC, Certification/Operational Risk Management Office, are at Exhibit A.

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STATEMENT OF FACTS:

On 13 August 1993, applicant enlisted in the Regular Air Force for a period of four years in the grade of airman basic (E-1).  He was progressively promoted to grade of senior airman (E-4).  The record contains three Enlisted Performance Reports (EPRs) reflecting promotion recommendations of (oldest to latest):  5, 5, and 3.

The statement provided by the XXXXX, Certification/Operational Risk Management, indicates that the applicant was participating in the SART based on the diagnosis of alcohol abuse; that the prognosis was good, with continued follow-on with a relapse prevention support group; and, that at the time of discharge, the applicant was unable to satisfy successful completion of treatment requirements due to his separation.

Evidence in the record reflects that the applicant began terminal leave on 21 June 1997.  He was honorably discharged on 12 August 1997 by reason of completion of required service and issued an RE Code of 2H.  (Examiner’s Note:  RE-2H denotes participating in Track 4 or 5 of the Substance Abuse Reorientation and Treatment (SART) program for alcohol, or has failed to complete Track 4.)

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AIR FORCE EVALUATION:

The Skills Management Branch, AFPC/DPPAE, reviewed this application and recommended denial, stating the memorandum provided by the NCOIC, Certification/Operational Risk Management, confirms that the applicant separated prior to completion of the SART program.  Also, a “Project Capture” listing reflecting applicant’s personnel data confirms that the RE Code is correct.

However, if the Board grants the relief sought, applicant’s record should be corrected to reflect his RE code as 3K (Reserved for use by HQ AFPC or the AFBCMR when no other RE code applies or is appropriate).

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 May 1999 for review and comment within 30 days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting corrective action.  After a thorough review of the available records, we found no evidence that the RE code assigned at the time of applicant’s separation was in error or contrary to the governing regulation.  In this case, the applicant’s RE Code of 2H accurately reflects that he was participating in the Substance Abuse Reorientation and Treatment (SART) program at the time of his separation.  Nevertheless, after reviewing the evidence provided, we believe the applicant would have successfully completed the SART program had he not been required to separate on his established date of separation.  In view of this, and noting his overall record of satisfactory to excellent performance and the absence of any other derogatory information in his record, we believe it would be an injustice for the applicant to continue to suffer the adverse effects of the assigned RE Code.  Therefore, in the interest of justice, we believe the applicant should be afforded a second chance and that his RE code should be changed to 3K.  This is a code which can be waived for prior service enlistment consideration, provided applicant meets all other requirements for enlistment under an existing prior service program.  Accordingly, we recommend that the records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 12 August 1997, he was discharged with an Reenlistment Eligibility (RE) Code of 3K.

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The following members of the Board considered this application in Executive Session on 2 September 1999, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 Mar 99, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 7 May 99, w/atch.
     Exhibit D.  Letter, SAF/MIBR, dated 24 May 99.