RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01036
				INDEX CODE:  110.00
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to honorable to allow him to serve in the South Carolina National Guard during this time of conflict.

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APPLICANT CONTENDS THAT:

There was a conflict between him and his counselor at the time the decision was made to fail his rehabilitation.  He believes adequate time has passed to excuse the circumstances surrounding the entire incident of his youth.  He is requesting this upgrade because he does not want this to hinder any career advancement militarily or politically.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

On 9 March 1984, the applicant enlisted in the Regular Air Force (RegAF) as an airman (Amn) for a period of four years.

The applicant entered the Alcohol Rehabilitation Program on 21 April 1986.

On 16 June 1986, applicant was notified of his commander's intent to recommend him for discharge for failure in alcohol abuse rehabilitation.  The specific reasons for the discharge action were:

	a.  Social Actions notification of drug or alcohol abuse, 21 May 1986, AF Form 2731. 

	b.  Failure to rehabilitate, Letter dated 28 May 1986.

In the recommendation for discharge, the commander cited the following derogatory information:

	a.  On 7 April 1986, the applicant received an Armed Forces ticket for excessive speed.

	b.  An Air Force Form 1569, dated 7 April 1986 was established citing the applicant for driving while intoxicated (DWI).  For this infraction the applicant received an Article 15, suspended reduction from airman first class to airman, $300 fine and 30 days of correctional custody.

	c.  On 16 April 1986, the applicant received a Letter of Reprimand (LOR) for driving a vehicle with an altered driver’s license.

	d.  On 24 April 1986, the applicant was notified his driving privileges were revoked for one year.

The commander advised the applicant of his right to consult legal counsel and that military legal counsel had been obtained for him; and to submit statements in his own behalf; or waive the above rights after consulting with counsel.

On 16 June 1986, the applicant acknowledged receipt of the notification letter and that military counsel was made available to assist him; and after consulting with counsel, applicant invoked his right to submit a statement.

A legal review was conducted on 16 June 1986 in which the staff judge advocate recommended the applicant be discharged with a general discharge with no probation and rehabilitation.

On 17 June 1986, the discharge authority approved the discharge.

Applicant was discharged on 18 June 1986, in the grade of airman first class with a general (under honorable conditions) discharge, in accordance with AFR 39-10 (Alcohol Abuse Rehabilitation Failure).  He served two years, three months and ten days of active service.

Pursuant to the Board’s request, the Federal Bureau of investigation, Washington, D.C., indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, they believe his discharge was consistent with the procedural and substantive requirements of the discharge regulations of that time.  Also, the discharge was within the sound discretion of the discharge authority.  Also, he did not provide any facts to warrant an upgrade of his discharge.  Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D).  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states his failure to pass or succeed in the Alcohol Rehabilitation Program was not all his fault.  It was due to a disagreement between him and the instructor.  He was given a choice to remain in the service and be demoted from a high profile senior airman position to an airman.  Before the DUI incident, he was being considered for Officer Training School (OTS) and an overseas assignment to Japan.  He believes his punishment was harsh; he was placed in the brig for 24 hours, on-base detention for 6-8 weeks and lost two stripes.  Colonel  fought for him to receive the general (under honorable conditions) discharge.  Colonel  believed he (the applicant) deserved the benefits of a veteran because of his excellent service record.  The applicant further states he does not have any felony convictions or priors of any kind. He has only one blemish and that was bankruptcy due to his divorce and his business partner abandoning obligations.

A complete copy of the applicant’s response is attached 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 of timely file.

3.	After a thorough review of the evidence of record we see no evidence to show that the applicant’s discharge was erroneous or unjust.  However, we recognize the adverse impact of the discharge the applicant received; and while it may have been 
appropriate at the time, we believe it would be an injustice for the applicant to continue to suffer from its effects.  In consideration of the applicant’s apparent immaturity at the time of his enlistment, and no evidence that he has had any subsequent involvement of a degrogatory nature since his separation from the Air Force, we believe that corrective action is appropriate on the basis of clemency.  Accordingly, we recommend that his records be corrected to the extent 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 18 June 1986, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered AFBCMR Docket Number BC-2004-01036 in Executive Session on 2 June 2004, 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 22 Mar 04, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 13 Apr 04.
   Exhibit E.  Letter, SAF/MRBR, dated 23 Apr 04.
   Exhibit F.  Letter, AFBCMR, dated 30 Apr 04, w/atch.
   Exhibit G.  Applicant’s Response, dated 14 May 04.

							

AFBCMR BC-2004-01036

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116) it is directed that:

	The pertinent military records of the Department of the Air Force relating to  be corrected to show that on 18 June 1986, he was honorably discharged and furnished an Honorable Discharge certificate.