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AF | DRB | CY2001 | FD01-00042
Original file (FD01-00042.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FDO1-40042 

I 

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

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 any provided by the applicant substantiates an inequity 
or impropriety, which would justify a change of discharge. 

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

Issue 1.  The applicant offers the issues of his age and maturity as mitigating factors.  Although the board 
noted that his behavior reflected impulsivity and lack of good judgment, the board notes that the vast 
majority of servicemen who enlist at his same age complete their tour with honorable service and without 
engaging in repetitive misconduct such as AWOL or alcohol-related incidents.  Indeed, it appeared to the 
board that the command did grant the member significant leeway for his first offence as that by itself would 
often constitute grounds for both confinement and a discharge. 

Issue 2.  The applicant offers the issue that alcohol problems impaired his ability to serve honorably.  The 
board noted that again the command extended help initially with .alcohol education and after the second 
alcohol-related offence with an offer for inpatient rehabilitation.  The member did not benefit from the 
educational help and declined help in the form of inpatient rehabilitation. 

The Board found no evidence of impropriety or inequity in this case upon which to base an upgrade of 
discharge. 

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. 

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

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

ED-01-00042 

(Former A1C) 

1.  MATTER UNDER RE!VIEW:  Appl rec'd  a GEN Disch fr USAF 93/04/02 UP AFR 39-10, 
para 5-46  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch.  . 

2.  BACKGROUND: 

a. DOB: 71/08/15.  Enlmt Age: 19 1/12.  Disch Age: 21 7/12. Educ:HS DIPL. 

AFQT: N/A.  A-82,  E-54,  G-66,  M-59.  PAFSC: 70250 -  Information Management 
Specialist. DAS: 71/08/15. 

b.  Prior Sv: AFRes 90/09/24 -  90/10/15 (22 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 90/10/15 for 4 yrs.  Svd: 2 Yrs 5 Mo 17 Das, of which AMs  is 

2 Yrs 5 Mos 4 Das  (excludes 13  days lost time). 

b.  Grade Status:  A1C -  92/02/29 
AMN -  91/04/16 

c.  Time Lost:  91/06/18-91/07/01 (13 Days). 

d.  Art 15's:  (1) 91/07/15, Pentagon, Wash DC -  Article 86.  You did, o/a 
18 Jun 91, w/o authority, absent yourself from your 
organization, and did remain so absent until o/a 1 Jul 
91.  Rdn to AB  (susp till 31 Dec 91), and forfeiture of 
$250.00 pay per month for 2 months.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 16 DEC 92 -  Failure to go. 

LOC, 16 NOV 92 -  Dereliction to duty. 
LOC, 25 JUN 92 -  Unauthorized absence. 
.LOC, 09 APR 92 -  Drunk in public. 

f.  CM:  none. 

g.  Record of SV: 90/10/16  92/06/28  Pentagon Wash DC  3 

(Discharged from Pentagon Wash DC). 

(Initial) 

h.  Awards &  Decs:  NDSM, AFTR. 
i.  Stmt of Sv:  TMS:  (2) Yrs  (5) Mos 
TAMS:  (2) Yrs  (5) Mos 

26) Das 
4 )   Das 

FDO1-00042 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 01/01/05. 

(Change Discharge to Honorable) 

Issue 1:  I was young and not acting the way I should have.  I got scared 

and went AWOL not fully understanding what I was doing and what trouble I would 
get into.  I was punished for this and believe it was appropriate.  I then had a 
problem with alcohol and I went through the counseling.  I believe my superiors 
never let this go and was given the option of in-house treatment or seperation 
(sic) because there was no guarantee that I wouldn't be discharged even if i 
completed the time in the hospital.  I feel I have changed and I would like to 
have an honorable discharge.  I don't want these things to punish me for the 
rest of my life.  Thank you for your time and consideration. 

ATCH 
none. 

01/02/09/ia 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS AIR FORCE DISTRICT OF W ASHINGTON 

BOLLING AIR  FORCE BASE DC  20332 

- 

REPLY TO 

A l T N  OF:  JA 
SUBJECT:  Legal Review of AFR  39- 10  Dis 

Disciplinary Infractions, 

for Misconduct-Minor 

TO:  1100  ABG/CC 

c 

\ 

d discharge package is legally sufficient to warrant 
separation from the Air Force for Misconduct - Minor 
fractions with a general discharge without probation 

and rebabilitation. 

through his counse 

3 .   Evidence for the GofJernment : 
(a)  On or about 15  Dec 92, 
mandatory appointment (Commande 
Letter of Reprimand. 

harge for Misconduct - Minor 
0, Section H, paragraph 
submitted a statement 
sideration by the 
commends a general 

ailed to Show at a 
which he received d 

(b)  From on or about 30 Oct 92  t'o  13 Nov 92, 
failed to accomplish a required task for which he 
of Counseling. 

tter 

or about 22  Jun 9 2 ,  
ence for which he r 

(d)  On or about'28 Mar 92 
for being drunk in public for 
Counseling. 

- 

k an Unauthorized 
of Counseling . 

was arrested 
ed a Letter of 

(e)  From on or about 18 Jun 9 1  to 1 July 9 1  
Absent Without Leave for which he received an A r  
4 .   Evidence for the Respondent: 

as 

(a) 

9 0 .  

a 2 1  year old A1C  with a  TAFMSD of 29 Oct 

- * 

- 

=. - 

E 

eceived an EPR for the period of 16 Oct 90 
ich he was rated a 3  (satisfactory). 
has received the following favorabre 
ons, or awards:  National Defense Service 

submitted a personal statement on 11 Jul 91 
tances of his Absence Without Leave from 18 
Jun 91 to 1 July 91.  He stated that on 17 Jun 91 he spoke to his 
friend to confirm that he wou 
S n 
ts 
.t 

to inform him that he was 
became scared and decided not 

nd 

did so on 1 Jul 91. 

ubmitted a personal statement through his 
26 January 1993.  He states that he has 
istakes and wishes to remain in the Air 
ates that the behaviors that were addressed 
in the Article 15 and Letters of Counseling were not repeated after 
he was counseled on them.  He feels that involuntary discharge is 
overly harsh and requests a second chance. 
5 .   Errors and Irresularities:  I noted no errors or irregularities 
affecting the substantive rights of the respondent. 

6.  SPCM Conveninq Authoritv Options:  The Commander, 1100th Air 
Base Group, has the following options: 

(a)  Retain the respondent. 

(b)  Discharge the respondent with a general discharge, with or 

without probation. 

(c) 

Forward the case to the GCM Convening Authority, 

recommending separation with an honorable discharge, with or 
without probation and rehabilitation. 

(d)  Direct reinitiation for processing according AFR 39-10, 

Chapter 6, Section C, if the issuance of an under other than 
honorable conditions discharge may be warranted. 

7.  Discussion: 

- 

has continually demonstrated that he is 
e standards the Air Force requires of  its 
He has been arrested for being drunk in public, was 

(a) 
unable 
members. 
Absent Without Leave on two occasions, violated military 
regulations by wearing an earing, failed to perform his duties in a 
timely fashion, and disobeyed direct orders from his superiors on 
several occasions. 

tates that he has not repeated the behaviors 
(b) 
for whi 
led and that he has learned from his 
mistakes.  This statement, however, is without merit.  He was AWOL 
for 13 days in June 1991 and received punishment for his 
on his 
misconduct.  On 22  Jun 1 
leave by his supervisor, 
leave 
person not within his ch 
sor 
and 

that his supervi 
s  leave was not 

failed to 

at the proper time. 

was arrested on 28 Mar 92 for 
d on his inappropriate 
inappropriate conduct did 

(c)  Additionally, 
being drunk in public. 
conduct.  Unfortunately, 
not cease after this coun 
attending the 7th CG Christmas party at th 
became extremely intoxicated.  He was ordere 
other superiors to return back to his barracks.  Howe 
refused to leave.  Two  hotel security guards assisted 
out of the hotel and he was told by a superior not to 
hotel.  He returned to the hotel an hour later, still intoxicated 
and inappropriately dressed.  At that time, he again refused an 
order to leave the hotel. 

is supervisor and 

(d) 
that he 
to Air Force Standards of Conduct. 

record of disciplinary problems indicates 
from his mistakes and is unable to conform 

separation from the 
ation. 

DEPARTMENT O F  THE AIR  FORCE 

7TH COMMUNICATIONS GROUP 
WASHINGTON  DC 20S30-6S4S 

REPLYTO  MS 

ATTN OF: 

SUBJECT:  Notification Letter 

1 5  JAN 1993 

T O  

:  DSS 

1.  I am recommending your discharge from the United States Air 
Force for Misconduct - Minor Disciplinary Infractions.  The 
authority for this action is AFR 39-10, paragraph 5-46.  If my 
recommendation is approved, your service will be described as a 
General Discharge and you will be ineligible for reenlistment in the 
Air Force. 
2.  My reasons for this action is: 

(a)  Letter of Reprimand, dtd 16 Dec 92, Failure to Show at a 

Mandatory Appointment (Commander's  Call). 

(b)  Letter,of Counseling, dtd 16 Nov 92, Failure to Accomplish 

Required Task. 

(c)  Letter of Counseling, dtd 25 Jun 92, Unauthorized Leave of 

c 

Absence. 

\ 

(d)  Letter of Counseling, dtd 9 Apr 92, Drunk in Public. 
(e)  Article 15, dtd 15 Jul 91, Absent Without Leave (AWOL)  from 

18 June 91 to 1 July 91, suspended reduction to Amn  (E-1) until 
31 Dec 91 and forfeiture of $ 2 5 0 . 0 0   pay per month for 2 months. 
Copies of the documents to be forwarded to the separation authority 
in support of this recommendation are attached.  The commander 
exercising SPCM jurisdiction or a higher authority will decide 
whether you will be discharged or retained in the Air Force. 
3.  You have the right to consult counsel.  Military lega?Fcounsel 
has been obtained to assist YOU.  I have made you an appoihtment for 

- 

consult civilian counsel-at your own expens- 
4 .   You have the right to submit statements in your own behalf.  Any 
ant the separation authority to consider must reach 
nless you request and receive an extension for good 

me stateY@tYAf%~ 

cause shown.  I will send them to the separation authority. 

by 

' 

= _  

, 

5.  If you fail to consult counsel or to submit statements in your 
own behalf, your failure will constitute a waiver of your right to 
do so. 
6.  You haye-been scheduled for a medical examination.  You must 
report to-Malcolm Grove Medical Center, Andrews AFB, MD at 0700  hrs 
on 2 2  JAN  133  You cannot consume any alcoholic beverages 72 hrs 
prior to this appointment, cannot engage in any type of physical 
exercise 24 hrs prior to this appointment, and cannot eat any meals 
14 hrs prior to this appointment,  Also, if you wear contact lenses, 
do not bring them with you to this appointment. 
7.  Any personal information you furnish in rebuttal is covered by 
the Privacy Act Statement as explained in AFR 39-10, attachment 2. 
A copy of AFR 39-10 is available for your review in the 7th 
Communications Group Mission Support Section, located in room 
1D1000, 
been completed. 
9.  Execute the attached acknowledgment and return it to me 
immediately. 

You are required to return AFR 39-10 when your case has 

2 Atch 
1.  Supporting Documents 
2.  Airman's 
Acknowledgment 



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