RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-03249
							INDEX CODE:  110.00
    							COUNSEL:  NONE

    							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.
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APPLICANT CONTENDS THAT:

He is currently a full-time college student and is requesting his discharge be upgraded to honorable so he may receive assistance through the GI Bill.   

Applicant provides no supporting documentation.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 26 July 1996, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  He was progressively promoted to the grade of senior airman (E-4), effective and with a date of rank of 26 July 1996.  He received two Airman Performance Reports closing 25 March 1995 and 14 November 1995, in which the overall ratings were 4 and 5 respectively.

On 9 November 1994, he was charged with being drunk and disorderly at Kunsan Air Base, Republic of Korea.  For this incident, punishment under Article 15, Uniform Code of Military Justice (UCMJ), was imposed.  He was reduced to the grade of airman basic, suspended until 1 July 1995, unless sooner vacated, forfeiture of $415.00 pay per month for 2 months, restriction to Misawa Air Base, Japan for 30 days and 30 days’ of extra duty. 

On 16 September 1996, a Memorandum For Record signed by his squadron first sergeant indicated that within a 10-day period the applicant had two (2) alcohol related incidents, 28 August 1996 and 5 September 1996 respectively.  At that time, the applicant indicated he would not attend substance abuse rehabilitation counseling, Track 4 because he felt it was a waste of his time.  He stated he enjoyed drinking and that he was not going to stop drinking even if he was put into Track 4.  On 10 September 1996, during an intervention meeting, applicant stated he would be willing to attend Track 4 as an outpatient but not as an inpatient.  Substance abuse personnel, and his squadron commander and first sergeant all agreed that Track 4 would not really help him because he had not admitted that he had a drinking problem and that he should be placed in Track 5 and discharged with an honorable discharge. 

On 21 November 1996, the applicant’s commander initiated discharge proceedings against him under the provisions of AFI 36-3208, paragraph 5.32 (Alcohol Rehabilitation Failure).  The applicant was notified of his commander’s recommendation and that a general discharge was being recommended.  He was advised of his rights in the matter.  After consulting military legal counsel, the applicant waived his right to submit statements in his behalf.  On 12 December 1996, the discharge authority directed that the applicant be discharged from the Air Force under the provisions of AFI 36-3208, paragraph 5.32, (Alcohol Rehabilitation Failure), with character of service as general (under honorable conditions).  The applicant was discharged on 12 December 1996 by reason of “Alcohol Rehabilitation Failure” with a Separation Code of “JPD” and a Reenlistment Eligibility (RE) code of “2B.”  He had served 3 years, 4 months and 17 days on active duty.

On 12 March 1999, the Air Force Discharge Review Board considered and denied his request for a discharge upgrade.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that the applicant did not submit evidence or identify any errors in the discharge processing.  Based on the documentation in file, the discharge was consistent with the requirements of the discharge regulation (See Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 November 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and comment.  As of this date, this office has received no response (Exhibit D).

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After careful consideration of the applicant’s request and the available evidence of record, we see no evidence that would warrant an upgrade of his characterization of service.  The applicant has provided no evidence that would lead us to believe the actions taken to effect his discharge were improper, or that the information in his discharge case file is erroneous.  In view of the above and in the absence of evidence, we find no basis on which to favorably consider his request.   

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application, AFBCMR Docket No. 02-02522, in Executive Session on 5 March 2003, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 October 2002.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 7 November 2002.
	Exhibit D.  Letter, SAF/MRBR, dated 15 November 2002.