AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

GENERAL: The applicant appeals for upgrade of discharge to Honorable. 

CASE NUMBER 
FD-01-00009 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

The attached brief contains the available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The Board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or 
impropriety which would justifl a change of discharge. 

The applicant's issues are listed in the attached brief. 

Issue  1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant  received  two  Article  15s  for  misconduct  during  his  last  enlistment.  The  misconduct  included 
operating a vehicle while drunk on two different occasions.  The DRB opined that through these administrative 
actions, the  applicant  had  ample opportunities to  change his  negative behavior.  The Board  concluded the 
misconduct was a significant departure from conduct expected of all military members.  The characterization of 
the discharge received by the applicant was found to be appropriate. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the service. 
The DRB took note of the applicant's duty performance as documented by his performance reports, letters of 
recommendation and other  information contained in the records.  They  found the  seriousness of the willful 
misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge 
was appropriate for the reasons which were the basis for this case. 

Issue 3  applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was 
doing well and has been an active member with the local Alcoholic's Anonymous (AA) since 1995.  However, 
no inequity or impropriety in his discharge was found in the course of the hearing.  The Board concluded the 
misconduct of the applicant appropriately characterized his term of service. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive requirements  of  the  discharge regulation  and  was  within  the  discretion  of  the 
discharge authority and that the applicant was provided full administrative due process. 

[n view of the foregoing findings the board further concludes that there exists no legal or equitable basis for 
upgrade of discharge, tbus the applicant's discharge should not be changed. 

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Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AMN) 

FD-01-00009 

l .   MATTER  UNDER  REVIEW:  Appl rec’d a GEN Disch fr USAF 91/01/02 UP AFR 39-10, 
para 5-49d  (Misconduct -  Commission of a Serious Offense).  Appeals for Honorable 
Disch. 

e- 

2 .   BACKGROUND: 

a. DOB: 57/10/31.  Enlmt Age: 17 6/12.  Disch Age:  33 2/12. Educ:HS  DIPL. 

AFQT: N/A.  A-41,  E-45,  G-66,  M-32. PAFSC: 74131 -  Apprentice Fitness & 
Recreation Specialist. DAS: 90/01/19. 

b.  Prior Sv: AFRes 75/05/16 -  75/10/06 (4 months 21 days) (Inactive). 

(2) Enld as AB 75/10/07 for 4 yrs.  Reenld 79/06/15 for 
4 yrs.  Ext 81/11/25 for 1 month.  Ext 82/01/21 for 28 months.  Ext 82/04/27 for 
10 months.  Reenld 83/05/27 for 4 yrs.  Ext 87/04/16 for 3 months.  Svd: 11 yrs 
10 months 19 das, all AMs.  AMN -  76/02/07.  A1C -  76/10/07.  SRA-(APR 
Indicates): 78/06/19-78/10/29.  Sgt-(APR Indicates): 79/07/22-80/07/21.  SSgt - 
85/08/01.  Sgt -  86102/24 (ART 15, Vacation, 86/05/12).  APRs: 
8 , 9 , 9 , 9 , 8 , 8 , 9 , 9 , 9 , 9 , 9 , 9 , 6 , 8 .  

ART  15:  86/05/19, Vacation, Vance AFB, OK -  Article 86.  You 
did, o/a-8 May 86, w/o auth, fail to go at the time 
prescribed to your appointed place of duty.  Rdn to Sgt. 
(No appeal) (No mitigation). 

86/02/24, Vance AFB, OK - Article 86.  You did, o/a 14 
Feb 86, w/o auth, fail to go at the time prescribed to 
your appainted place of duty.  Rdn to Sgt  (susp til 23 
Aug 86), forfeiture of $50.00, and 14 days restriction. 
(No appeal) (No mitigation). 

3 .  

SERVICE  UNDER  REVIEW: 

- 

a.  Reenld as SGT 87/08/26 f o r   4 yrs.  Ext: 89/01/04 f o r   12 months.  Svd: 3 

Yrs 4 Mo 7 Das, all AMs. 

- 

b.  Grade Status:  AMN -  90/10/26 (ART 15, 90/10/26) 
A1C -  88/04/08 (ART 15, 88/04/08) 

c .   Time Lost:  none. 

d.  Art 15’s:  (1) 90/10/26, Lackland AFB, TX -  Article 111.  You did, o/a 
18 O c t   90, at or near Gate #3 operate a vehicle, to wit: 
a passenger car, while drunk.  Rdn to Amn, forfeiture of 

mol-00009 

$189.00 pay and 14 days extra duty.  (No appeal) 
(No mitigation) 

( 2 )   88/04/08, Vance AFB, OK  -  Article 111.  You did, o/a 
2 Apr 88, on Gott Road, operate a vehicle, to wit: a 
passenger car, while drunk.  Rdn to AlC, forfeiture of 
$200.00 pay per month for two  (2) months  ( s u ~  till 4 
Oct 88), and 30 days restriction.  (No  appeal) 
(No mitigation) 

e.  Additional: none. 

f.  CM:  none. 

g.  Record of SV: 87/05/24  88/01/21  Vance AFB 
88/01/22  89/01/21  Vance AFB 
89/01/22  89/05/30  Vance AFB 
89/05/31  90/05/30  Lackland AFB  4  (Annua1)REF 

9  (CRO) 
9  (Annual) 
3  (CRO) 

(Discharged from Lackland AFB) 

h.  Awards &  Decs:  AFAM, AFOUA W/2 BOLCs, 

AFGCM W/3 BOLCs, AFOSSTR, 

AFOSLTR, AFLSAR W/2 BOLCs, AFTR. 

i.  Stmt of Sv:  TMS:  (15) YKS  ( 7 )  Mos  (17 
TAMS:  (15) Yxs  (2) Mos  (26 

Da s 
Da s 

c 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD F'm  293) dtd 00/11/22. 

(Change Discharge to Honorable) 
Issue 1:  I, ------- , would like to get my Discharge upgraded to Honorable, 
from General under Honorable conditions.  I was in the Military for 15 yrs and 
was a credit to the Air Force.  I am an Alcoholic and have been an active member 
in Local A.A.'s  and had counseling since 1995.  I do need to apologize to the 
Air Force of my conduct because of what Alcohol had done to me  (mainly DUI's). 
The Air Force tried to help me, but I was not ready to help myself.  I have 
since 1995 and always had on my mind that I would like to try and update my 
discharge.  So I am pleading for your help now in this matter. 

ATCH 
1. Personal Letter to the Discharge Review Board. 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS AIR  FORCE  MILITARY TRAINING  CENTER  (ATC) 

LACKLAND  AIR  FORCE BASE TX  78236-5000 

REPLY TO 
AlTN of 

SUBJECT 

TO. 

JAC 

3700 ABG/CC 
AFMTCICC 
IN TURN 

AFR 39- 10. Paragraph 5-49d, 

1 8  DEC I990 

c 

reviewed the administrative discharge file regarding 
including his conditional waiver of a discharge boar 
it legally sufficient subject to a medical determination that the 

respondent is qualified for worldwide duty and separation. 

commander has recommended that he be discharged from the Air 
2 .  
Fo 
9-10, paragraph 5-49d, for commission of a 
other serious offenses.  His commander has recommended that 
receive a general discharge without probation and rehabilitation.  The 
alleged basis of  the discharge action is the respondent's  18  October 1990 
drunken driving at Lackland Air Force Base, Texas, for which he received 
nonjudicial punishment on 26  October 1990. 

3.  After recceiving the letter of  notification, the respondent consulted 
counsel and submitted a waiver oi  his right to have hig case heard by a 
di8charge board, conditioned upon his receipt of  no less than a general 
discharge. 

4.  There are no errors or irregularities materially affecting a substantial 
right of 

as been on continuous active service with the Air Force since 
His current'term of enlistment began on 26  August 1987, for 

5. 
7 
a period of  four years.  The respondent's most recent enlisted performance 
report, for the period of  31 May  1989 through 30 May  1990, reflects a '4' 
rating.  His other enlisted performance report has a '3'  rating.  Eleven,of 
his sixteen airman performance reports bear overall '9' ratings.  Four of Lis 
appraisals have overall ' 8 '   ratings.  The remaining report has an overall '6' 
rating. 

6 .   The alleged basis for discharge is sup 
evidence.  The evidence clearly shows  that 
for which a punitive discharge is authoriz 
Courts-Martial. 

reponderance- of  the 
ngaged in misconduct 
Manual  for 

7.  If  it is determined the a 
sufficient basis to dischar 
his entire milit 
discharged.  I f  
characterized.  The determination of his service characterization may  be 

ber  1990 misconduct is a 
r commission of a serious offense, 
d to decide whether he should be 
is service must also be 

based only upon his military record since 26  August 158’7.  A  general 
di 
a t  
as 
rehatilltative efforts indicates that probation and rehabill tatlon is not 
appropriate. 

ropriate in this caae  because the pligriii icar,t negative aspect. 
conduct during hlpl  current enlistment outweighs the-poeitive 
record during that time.  His very poop  response t o   - 

c- 

8.  This action was processed in accordance with the procedures set out in 
AFH 3Ei-10,  Chapter 6, Section C, B0ar.d HeaPlllg or Board Waiver.  Pureuarit, d a  
paragraphs 6 -  17  and 6- I5 thereof and paragraph 6- 28: . 

a.  3700 ABG/CC, as convening authority, may  take one of  the following 

actions: 

1.  Retain the respondent; 

2 .   Forward the file to AFMTC/CC with a recommendation f o r   approval 

of  an honorable discharge, with or without probation and rehabilitation; 

3 .   Forward the file to AFMTC/CC-with a recommendation f o r   approval 

of a general discharge, with or without probation and rehabilitation; or 

4 .   Reject the conditional waiver and direct that the respondent be 

afforded the 6pportunity to submit an unconditional waiver or request a 
discharge board hearing. 

b.  AFMTCICC, as separation authority, may  take one of  the following 

actions: 

1.  Retain the respondent; 

2 .   Accept the waiver and approve an honorable discharge, with or 

without probation and rehabilitation; 

3.  Accept the waiver arid  approve a general discharge, with O F  

without probation and rehabilitation; o r  

4 .   Reject the conditional waiver and direct that the respondent be 

afforded the opportunity$o  aubmit an unconditional waiver or requeet a 
discharge board hearing - 

I  recommend that 3700 ABG/CC forward the file to AFMTC/CC  with a 
9 .  
recommendation for acceptance of  the waiver and approval of a general 
discharge, without probation and rehabilit 
AFMTC/CC accept the waiver and direct that 

rther recommend that 
be  immediately 

discharged  from the Air Force with a  general  discharge, without  probation and 
rehabilitation. 

DEPARTMENT OF THE  AIR  FORCE 
HEADQUARTERS  3700TH AIR  B A S E  GROUP (ATC) 
LACKLAND AIR  FORCE BASE TX  78236-5000 

2'6 NOV 1990 

REPLY TO 
ATTNOF:  c(zQ 

-wBJECT: Noti f icatiarrletter 

TO 

- 

1.  .I a m   recommending your discharge from the United State Air Force for 
commission of  a serious offense, other. s e r i o l e   offenses according to AFR  39- 
10, under tJhe provisions of paragraph 5-49d. Copiek of  the documents to be 
forwarded t,o  the separati-on authority to support this recommendation are 
attached. 

My reason f o r  this action is: 

khat  you did, at Lackland A i r  Force Base, 
2. 
Texas, on or about 18 October 1990,  at or near Gate #3 operate a vehicle t o  
wit:  a passenger car, while drunk, f o r   which you received nonjudicial 
punishmer,t on 26  October 1990.  Copies of  the documents to be forwarded to the 
separation authority i n  slippoi-t  of  this recommendation are attached.  The 
commander exercising SPCM  jurisdlction or' a higher author1 t,y will decide 
whether you will  discharged or  retained  in  the Air  Force. 
I f   y o u   ai\e 
discharged, you will he ineligible for reenlistment in the Air Force. 

3.  This actiQn could  result in your separation w i t h   an Under Other Than 
Honorable conditions discharge.  I am recommending that you receive a General 
discharge.  The commander exercising SPCM  jurisdiction or a higher authorit,y 
will make the final decision in this matter.  If  you are discharged, you will 
be ineligible for reenlistment in the Air Force. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  He represented by  legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, or in lieu o f ,  

the board hearing. 

e.  Waive the above rights.  you must consult legal counsel before making 

a decision to waive any of you rights. 

you must report to 

5.  You  have been scheduled for a medical examination. 
Bldg 114, located at Medina Annex, 0700,  on  2'7 

?a . 
Military legal counsel has been obtained to assist you. 

An appointment 
6 .  
has been scheduled for you to consult the Area Defense Counsel, Bldg 6241,  on 
2?  7 4 8  L'  38  at  /  d : O G  ti8S  Instead of  the appointed counsel, you may  have 

AIR  FORCE-A  GREAT  WAY OF LIFE 

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