RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02627
		INDEX CODE:  110.00, A92.22

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His discharge be upgraded from General, Under Honorable Conditions, to Honorable.

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APPLICANT CONTENDS THAT:

Since the time he admitted that he suffered from alcoholism as a disease, he has turned his life around dramatically.  

In support of his appeal, applicant has provided his personal statement, documentation related to his post-service education, achievements, and employment, and articles on alcoholism.  

His complete submission is at exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 15 April 1981.  He was progressively promoted to Airman First Class (A1C - E3) with an effective date and date of rank (DOR) of 2 May 1982.  The record contains three Airman Performance Reports (APRs) with overall ratings of “9.”

The applicant received three Letters of Reprimand (LOR) for alcohol abuse related incidents (one led to hospitalization and two led to civil incarceration), two “Notification of Substance Abuse” notices, each of which required participation in outpatient alcohol rehabilitation programs, and one inpatient alcohol rehabilitation program.  

On 11 December 1984, the applicant received notification that he was being recommended for discharge due to his referral and subsequent failure to successfully complete a program of rehabilitation for alcohol abuse and his lack of potential for continued military service, as evidenced by the incidents cited above.  His commander did not recommend probation and rehabilitation.  He received a general discharge on 24 December 1984, under the provisions of AFR 39-10 (Alcohol Abuse Rehabilitation Failure), and was issued a Reenlistment Eligibility (RE) code of 2B (involuntarily discharged under AFR 39-10, with a general discharge).  He was credited with 3 years, 8 months, and 24 days of active service.  He had 17 days of lost time due to two periods of civil confinement due to alcohol-related offenses.  

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 20 December 2002, that, on the basis of data furnished, they are unable to locate an arrest record.  (Exhibit C)

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AIR FORCE EVALUATION:

The BCMR medical consultant found that no change in applicant’s record was warranted.  The applicant was administratively discharged for alcohol abuse and failure in alcohol abuse rehabilitation.  Although alcoholism may be considered a “disease” it does not excuse individuals from responsibility for their behavior.  Alcohol abuse and rehabilitation failure are subject to administrative discharge by a member’s commander.  Misconduct, including DUI’s, results in service characterization as general.  In this case, the applicant’s commander determined that his misconduct and failure in alcohol rehabilitation outweigh the positive aspects of his career and discharged him with a general characterization.  He stated that action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implemented the law at the time.  (Exhibit D)

HQ AFPC/DPPRS recommends denial.  DPPRS notes that the application is not timely.  Further, the applicant provided no evidence of any error or injustice that occurred during the discharge and that the Discharge Authority was within the procedural and substantive requirements of the discharge regulation.  (Exhibit E)

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by reiterating his original argument that he has turned his life around and consequently is a successful businessman, father, and grandfather.  The applicant provides the following statements in furtherance of his appeal:

	     a. The Air Force did not provide a substance-free atmosphere to help reinforce alcohol abstinence.  There was constant drinking in the dormitories and day rooms and that Loring AFB provided only two Alcoholic’s Anonymous (AA) meetings per week.

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	     b. He attributes his alcohol problems to a hereditary disease that several members of his family suffer from.  Additionally his young age and the constant party atmosphere (on Loring AFB) made it virtually impossible to abstain.

	     c. He attended AA meetings twice daily after his discharge and additionally credits the support of his family and friends as critical factors in his sobriety to this point.

	     d. He had no control over the environment he found himself in.

The applicant’s complete response is at Exhibit G.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s request to have his discharge upgraded to honorable.  No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was effected.  Nevertheless, it appears that the applicant has been a responsible citizen and productive member of society since his separation, as evidenced by the post-service documentation he has provided.  Therefore, we believe an upgrade of his discharge to honorable is warranted on the basis of clemency.  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 24 December 1984, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered this application in Executive Session on 13 February 2003, under the provisions of AFI 36‑2603:

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

     Exhibit A.  DD Form 149, dated 11 Aug 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report, dated 20 Dec 02.
     Exhibit D.  Letter, BCMR Medical Consultant, dtd 27 Sep 02.
     Exhibit E.  Letter, HQ AFPC/DPPRS, dtd 4 Nov 02.
     Exhibit F.  Letter, SAF/MRBR, dtd 15 Nov 02.
     Exhibit G.  Letter, Applicant Rebuttal, dtd 24 Dec 02.