RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00682
		INDEX CODE:  110.02, 112.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation and his reenlistment eligibility (RE) code of 2B (involuntarily separated with a general or under other than honorable condition (UOTHC) discharge) be changed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He attended alcohol rehabilitation while serving in the military, although he was not an alcoholic and did not need rehabilitation.

In support of his appeal, applicant submitted a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 20 May 96, and letters of character reference from the executive director, United Way, his employer, and a sergeant with the ANG.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 Aug 94 for a period of four years in the grade of airman basic.  Prior to the events under review, he was promoted to the grade of airman with an effective date and date of rank of 11 Feb 95.

On 15 Feb 96, the squadron section commander initiated administrative discharge action against the applicant for failure in alcohol abuse treatment.  The specific reasons for the proposed action were:

     On or about 1 Nov 95, applicant failed to obey a lawful general regulation by wrongfully consuming alcohol while under the legal drinking age of 21.  For this misconduct, he received a letter of reprimand.

     On or about 8 Feb 96, he failed to successfully complete the Substance Abuse Reorientation and Treatment Program (SART).

     On or about 21 Jan 96 and 9 Feb 96, applicant failed to obey a lawful general regulation by wrongfully consuming alcohol while under the legal drinking age of 21.  For this misconduct, he received a letter of reprimand.

On that same date, applicant acknowledged receipt of the discharge notification and after consulting with counsel, waived his right to submit statements in his own behalf.  On 22 Feb 96, the staff judge advocate found the case file legally sufficient to justify an administrative discharge for failure in alcohol abuse treatment and recommended that the applicant be discharged with a general (under honorable conditions) discharge, without probation and rehabilitation.  On 7 Mar 96, the discharge authority directed applicant be discharged with a general (under honorable conditions) discharge.

On 20 May 96, the applicant was discharged under the provisions of AFI 36-3208 by reason of alcohol rehabilitation failure, with service characterized as general (under honorable conditions), and was issued RE code 2B.  He served 1 year, 9 months, and 10 days on active duty.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based on available documentation in the file, they found the discharge consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  They also noted applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and provided no other facts warranting a change to his reenlistment eligibility code or his narrative reason for separation.  

A complete copy of the evaluation 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 Apr 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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.  The discharge appears to be in compliance with the governing AFI and we find no evidence to indicate that applicant’s reason for separation was inappropriate.  Additionally, at the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation.  Applicant’s RE code of 2B accurately reflects his involuntary separation with a general (under honorable conditions) discharge.  We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant’s appeal, we do not believe he has suffered from an injustice.  Based on the foregoing, and in the absence of evidence to the contrary, we find no basis upon which to recommend favorable action on this application.

4.  The applicant's 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-2004-00682 in Executive Session on 8 July 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Feb 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 27 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Apr 04.