AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAMF. OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
SSGT
TYPE
X PERSONAL APPEARANCE RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
ES ——_—- esp cca i EAS
VOTE OF THE BOARD

 
    

   

MEMBER

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S SITTING HON

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INDEX NUMBER EXH[BITS SUBMITTED TO THE BOARD.
A94.43

A69.00 J | ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

3 | LETTER OF NOTIFICATION

CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

FD2001-0468 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL. APPEARANCE

 

 

 

HEARING DATE

26 SEP 02

 

 

 

 

 

—a —t
[TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
|

 

—
REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

   
      

 

OF BOARD PRESIDE.

 

   

INDORSEMENT

DATE: 30 SEP 02

 

 

TO: FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEI. COUNCIL
$50 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB. TX 78150-4742 1535 COMMAND DR, EE WING, 3°? FLOOR

 

ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-0468

GENERAL: The applicant appeals for a change to the reason for the discharge.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
AFB, MD on September 26, 2002.

The following additional exhibits were submitted at the hearing: Exhibit 5: Applicant’s issues; Exhibit 6:
Character Letter, Wackenhut Security Systems & Services; Exhibit,7: cter Letter dR...
Exhibit 8: Character Letter! Exhibit 9: Letter ron anal: Justice (w/ 2 charging
forms attached) , a a

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

FINDINGS: The request was denied.

ISSUE: The applicant contends her discharge was inequitable because she was not given an appropriate
opportunity to complete alcohol rehabilitation. The records indicated the applicant received an Honorable
discharge for failure in alcohol rehabilitation. She received two Article 15’s for dereliction of duty
(underage drinking) and for being drunk on duty. She also received a Letter of Reprimand for a civilian
arrest for DUI (.167 BAC), resisting arrest, and leaving the scene of an accident. After a through and
complete consideration of the information submitted by the applicant, the applicant’s personal testimony,
and information contained in the record, the Board concluded there was no indication of any inequity or
impropriety associated with her discharge. The facts indicated clearly that the applicant was given ample ad
appropriate opportunity to complete rehabilitation, but that she herself refused to continue in the program.
There was also insufficient mitigation and extenuation to substantiate a change in the reason for the
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.

The Board further concludes that the given the nature of the situation, the overall quality of applicant’s
service is accurately reflected by an Honorable discharge, but that the reason for the discharge should
remain Failure in Alcohol Rehabilitation.

Attachment:
Examiner's Brief
FD2001-0468
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SSGT) (HGH SSGT)

 

1. MATTER UNDER REVIEW: Appl rec’d a HON Disch fr USAF 01/06/03 UP AFI 36-3208,
para 5.32 (Alcohol Rehabilitation Failure). Appeals for a Change Reason and
Authority for Discharge and to Change the RE Code.

2. BACKGROUND:

a. DOB: 76/09/29. Enlmt Age: 18 8/12. Disch Age: 24 8/12. Educ:HS DIPL.
AFQT: N/A. A-72, E-61, G-55, M-44. PAFSC: 3P051 - Security Forces Journeyman.
DAS: 00/07/19.

b. Prior Sv: (1) AFRes 95/06/14 ~ 95/10/10 (3 months 27 days) (Inactive).

(2) Enld as AB 95/10/11 for 4 yrs. Extended 97/01/31 for 10
months. Extended 97/06/25 for 1 month. Svd: 4 yrs 0 months 1 day, all AMS. AMN
~ 96/04/11. A1C-(EPR Indicates): 95/10/11-97/08/12. SRA - 98/10/11. EPRs:
5,4,4.

Article 15's: (1) 97/11/12, Misawa AB, Japan - Article 134. You, were, on
or about 23 Oct 97, as a result of wrongful previous
overindugences in intoxicating liquor incapacitated for
the proper performance of your duties. Reduction to Amn
(suspended until 11 May 98), and 30 days extra duty. (No
appeal) (No mitigation)

(2) 96/01/09, Lackland AFB, TX - Article 92. You, who knew
of your duties, on or about 21 Dec 95, were derelict in
the performance of those duties in that you willfully
consumed alcohol, which was your duty not to do.
Forfeiture of $398.00 pay, and 15 days extra duty.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SrA 99/10/12 for 4 yrs. Svd: 01 Yrs 07 Mo 22 Das, all

b. Grade Status: mone.

c. Time Lost: none.

a. Art 15's: none.

e. Additional: LOR, 23 JAN 01 ~- Driving under the influence of alcohol.

f. CM: none.
Fp202/- 0768

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 18ST FIGHTER WING
LANGLEY AIR FORCE BASE VA

 

£9 MAY 200
MEMORANDUM FOR 1 FW/CC x 1

FROM: 1 FWA

 

SUBJECT: Administrative Discharge

1. I have reviewed the proposed discharge action case file and find it legally sufficient to
support a decision to separate respondent with an honorable conditions discharge, as soon as
she is found medically fit for separation.

2. Background:

a. Respondent is a 24-year-old Security Forces Military Working Dog Handler assigned to
the Ist Security Forces Squadron (1 SFS). Her TAFMSD is 11 Oct 95 and she began her 4-
year enlistment on 12 Oct 99. She was assigned to her present unit on 19 Jul 00. Respondent
has received overall ratings on her enlisted performance reports of one 5, two 4s, and one 3.

b. On 28 Mar O1, 1 SFS/CC properly notified respondent of his recommendation to
separate respondent under the provisions of AFI 36-3208, Chapter 5, Section F, paragraph 5.32
for failure in alcohol abuse treatment with an under honorable conditions (general) discharge.
The respondent is entitled to a board hearing. Discharge has been properly pursued via the
board hearing procedures of AFI 36-3208, Chapter 6, Section C.

3. Evidence for the Government: On or about 9 Jan 01, respondent entered the ADAPT
program for alcohol abuse at Langley Air Force Base. Respondent was removed from treatment
for lack of motivation and past non-compliance with the program on 7 Mar 01.

4. Evidence for the Respondent: Respondent’s unit properly notified her of her right to
demand an administrative discharge board hearing and to submit statements on her behalf for
your consideration. On 3 May O01, after consulting military legal counsel, the respondent
submitted a conditional waiver of her rights to a board hearing contingent upon receiving no
less than an honorable discharge. In addition, her defense counsel submitted a response located
at Tab 2. Defense counsel submits that the respondent has no disciplinary history with in her
current enlistment with the exception of one LOR. Further, since the 1 Jan 01 incident, she has
not been involved in any alcohol related incidents. Defense counsel contends respondent’s

service record is not perfect but it is definitely respectable. She requests that you consider the
best interests of the Air Force, as well as the best interests 0 eaiaielie

5. Discussion: The respondent’s offer for a conditional waiver should only be accepted if the
respondent’s service can fairly be characterized as honorable and it is in the interest of the Air
Force to accept the waiver rather than conduct the board hearing.
po2col- oOY¢6S8

a. Respondent received an LOR dated 23 Jan 01, for operating a motor vehicle in
Pennsylvania while under the influence of alcohol, leaving the scene of an accident, and resisting
arrest. Respondent’s BAC was .167. Based on respondent’s overall performance, 1 SFS/CC
recommended an under honorable conditions (general) discharge. A general discharge is
appropriate when “significant negative aspects of the airman's conduct or performance of duty
outweigh positive aspects of the airman's military record.” When the discharge was first initiated
this characterization was appropriate. Since then, the charges have been dropped by the
Commonwealth of Pennsylvania. Respondent’s conduct is not so egregious that a general
discharge is warranted in this case. Beyond this one incident her military record in her current
enlistment is not perfect but has generally meet Air Force standards or acceptable performance.
Furthermore, 1 SFS/CC requests you concur and allow respondent an honorable discharge in
order to expedite the process of her discharge from the service.

b. Accepting the conditional waiver in this case is in the interest of the Air Force. A
board proceeding constitutes a significant expenditure of resources. In addition to the legal work
of both counsel and the legal advisor, a board hearing takes the members and the witnesses away
from their normal duties. In this case, it is in the Air Force interest to accept the waiver.

c. Respondent has not requested probation and rehabilitation. Additionally, the
respondent’s refusal for both out patient and in patient care demonstrates her poor rehabilitative

potential. I do not recommend probation and rehabilitation in conjunction with this discharge.

6. Errors and Irregularities: I note no errors or irregularities prejudicial to respondent’s
substantive or procedural rights.

7. Options: As separation authority in this case, you may:
a. Direct retention, if you determine the evidence does not warrant discharge;

b. Accept respondent’s conditional waiver and discharge respondent with an honorable
discharge, with or without probation and rehabilitation; or,

c. Reject respondent’s conditional waiver and direct her to submit an unconditional waiver or a
demand for a board hearing.
ED 220/(-OF68

8. Recommendation: Sign the attached memorandum accepting respondent’s conditional
waiver and discharge the respondent with an honorable discharge without probation and

rehabilitation.

 

I concur.

 

 

Attachments:
1. Proposed Letter

2. Case File
Fp 220(- O46 &

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 18ST FIGHTER WING
LANGLEY AIR FORCE BASE VA

 

   

ee 26 MAA
MEMORANDUM FORM - a. ani

FROM: 1 srsicc®
SUBJECT: Notification Memorandum — Board Hearing

1. Iam recommending your discharge from the United States Air Force for failure in alcohol
abuse treatment according to AFPD 36-32 and AFI 36-3208, Chapter 5, Section F, paragraph
5.32. Copies of the documents to be forwarded to the separation authority to support this
recommendation are attached.

2. My reason for this action is that on or about 9 Jan 01, you entered the ADAPT program for
alcohol abuse at Langley Air Force Base. You were removed from treatment for lack of
motivation and past non-compliance with the program on 7 Mar 01.

3. This action could result in your separation with an under honorable conditions (general)
discharge. I am recommending that you receive an under honorable conditions (general)
discharge. The commander exercising special court-martial jurisdiction or a higher authority
will make the final decision in this matter. If you are discharged, you will be ineligible for
reenlistment in the Air Force and will probably be denied enlistment in any component of the

armed forces. Any special pay, bonus, or education assistance funds you have received may be
subject to recoupment.

4. You have the right to:
(a) Consult legal counsel.
(b) Present your case to an administrative discharge board.
(c) Be represented by legal counsel at a board hearing.
(d) Submit statements in your own behalf in addition to, or in lieu of, the board hearing.

(e) Waive the above rights. You must consult legal counsel before deciding to waive any of
your rights.

5. Military legal counsel, un a

3 be en obtained to assist you. [have made an appointment for you
to consult™@ .

mArea Defense Counsel, 54 Willow Street, Bldg. 147,

    

Ext. 5607 at /3 40 hours 0 on n 26 Mag 2001. Instead of the appointed counsel, you may
have another, if the lawyer you request is in the active military service and is reasonably

available as determined according to AFI 51-201. In addition to military counsel, you have the
. fD2e0/- 0

right to employ civilian counsel. The Air Force does not pay expenses incident to the
employment of civilian counsel. Civilian counsel, if employed, must be readily available.

6. Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you
choose to exercise. The statement must be signed in the presence of your counsel who also will
sign it. If you waive your right to a hearing before an administrative discharge board, you may
submit written statements in your own behalf. I will send the statements to the discharge...
authority with the case file to be considered with this recommendation. If you fail to respond,
your failure will constitute a waiver of the right to the board hearing.

7. You have been scheduled for a medical examination. You must report to the 1st Medical

Group, Physical Exam Section at OFQ© _ hourson_ GMa fa. 2001. An
additional examination will be scheduled if necessary. You must bring your medical records to

your scheduled appointment.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the unit orderly room.

9, If you request a board and you fail to appear without good cause, your failure to appear
constitutes a waiver of your right to be present at the hearing.

10. If you received advanced educational assistance, special pay, or bonuses, and have not
completed the period of active duty you agreed to serve, you may be subject to recoupment.

11. Execute the attached acknowledgment and return it to me immediately.

 

Attachments:
1. Supporting Documents
a. LOR - 23 Jan 01
b. Memo for 1™ SFS/CC — 16 Mar 01

 

27 Mar 01
2. Receipt of Notification Memorandum

SOS