AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2002-0021 

GENERAL:  The applicant appeals for upgrade of discharge to honorable 

The  applicant  was  offered  a  personal  appearance before  the  Discharge  Review  Board  but  declined  to 
exercise this right. 
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The attached brief con&& 
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available pertinent data on theapplicant and the factors leadingW3he discharge. 

@@?DINGS:  Upg 

scharge is denied. 
 

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The Board finds that neither the evidence of record or that provided by applicant substantiates an inequity 
or impropriety that would justifl a change of discharge. 

Issues.  Applicant was discharged for misconduct, conduct prejudicial to good order and discipline. He had 
three Articles  15, and a vacation of suspended punishment.  Elis misconduct included dereliction of duty, 
false official statement, two instances of driving drunk on base, eluding police while driving at an excessive 
and  reckless  speed which  resulted  in  a  motor vehicle accident, and  vehicular assault  against  a  security 
police officer in the execution of her  duties.  At  the time of the discharge, applicant waived  his right  to 
submit a statement on his own behalf.  Applicant now infers his discharge was too harsh because he was 
discharged shortly after completing in-patient alcohol rehabilitation.  The Board noted  that  member was 
entered  into  the  alcohol  rehabilitation  program  after  his  first  drunk  driving  incident  and  successhlly 
completed the program.  His base driving privileges were also revoked at that time.  More than a year after 
completing the rehabilitation program, he had  his  second drunk driving incident.  This incident included 
driving on revocation, eluding police attempting to stop and arrest him, vehicular assault against a different 
officer attempting to stop him, and a motor vehicle accident.  At that time, his chain of command decided to 
recommend discharge, but to also send  him  to in-patient rehabilitation as a measure toward  helping him 
transition to  civilian  life.  He was  advised  before  he  went  to the  in-patient  program  that  he  would  be 
administratively discharged  from  the  military  after  completion.  Although  applicant  completed  the  in- 
patient program,  his medical  records indicate he was unwilling  to take responsibility  for his  actions and 
reksed  to make  a  plan  for  his  fbture life.  It  is  Air  Force  policy  that  personnel  who  do  not  respond 
favorably to rehabilitation be  considered for separation.  The applicant's  additional misconduct was of a 
very serious nature and members who commit acts of misconduct, even under the influence of alcohol, are 
held accountable for their actions.  No inequity or impropriety was found in this discharge in the course of 
the records review. 

c 

CONCLUSIONS:  %- Discharge Review Board  concludes that  the  discharge was  con2istent with the 
procedural  and  subsmive requirements of the discharge regulation and was within theacretion of the 
discharge authority and that the applicant was provided full administrative due process. 

In view of the foregoing findings the board hrther 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 

FD2002-0021 

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(Former AMN)  (HGH SRA) 

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1.  MATTER UNDER REVIEW:  Appl rec‘d a GEN Disch fr USAF 90/06/06&P 

5-47b (Pattzn-f  Misconduct -  Conduct Prejudicial to Good OrTeGand E 

R 39-10, 

Discipline).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 66/12/18.  Enlmt Age: 18 11/12. 
AFQT: N/A.  A-41,  E-82,  G-76,  M-74. PAFSC: 
Control Systems. DAS: 88/05/12. 

Di’sch Age: 23 5/12. 
5552B - Avionics Gu 

Educ:HS DIPL. 
dance & 

b.  Prior Sv:  (1) AFRes 85/11/20 -  86/03/03 (3 months 14 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 86/03/04 for 4 yrs.  Extended 87/09/23 for 3 months. 

Extended 89/07/13 for 2 months.  Extended 89/08/28 for 12 months. Svd: 04 Yrs 03 
Mo 03 Das, all AMs. 

b.  Grade Status:  AMN -  90/03/13 (Article 15, 90/03/13) 

SRA -  89/03/04 
A1C -  87/07/04 
AMN -  86/09/04 

c.  Time Lost:  none. 

d.  Art 15’s:  (1) 90/03/13, Anderson AFB, Guam -  Article 111.  You, did, 
on or about 7 Mar 90, operate a vehicle, to wit: a 
passenger car, while drunk.  You did, on or about 4 Mar 
90, assault A1C ------ , who then was and then known by 
you to be a person then having and in the execution of 
Air Force security police duties, by driving at her 
with a means likely to produce death or grievous bodily 
forfeiture of $250.00 pay per month for twSmnths, and 
60 days restriction. (No appeal) (No mitigation) 

-  harm, to wit: an automobile.  Reduction to &mn, 

ic 

-ii 

(2) 90/03/12, Vacation, Anderson AFB, Guam -  Article 111. 

You, did, on or about 4 Mar 9 0 ,   on Perimeter Road, 
operate a vehicle, to wit: a passenger car, in a 
reckless manner by failing to yield to an on coming 
vehicle and driving at excessive speeds while eluding a 
security police vehicle.  Forfeiture of $350.00 pay per 
month for two months.  (No appeal)  (No mitigation) 

(3) 90/01/04, Anderson AFB, Guam -  Article.92. 

- .  -  You, having 

- 

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FD2002-0021 

knowledge of your duties, were, on or about 12 Dec 89, 
derelict in the performance of those duties, in that 
you negligently failed to secure to your vehicle, the 
cart containing a TTU-205 tester, as it was your duty 
to do.  You, having knowledge of your duties, were, on 
or about 12 Dec 89, derelict in the performance of 
those duties, i n  that  willfully failed t o  report that  a 
TTU-205 tester had fallen from your vehicle, as it was 
-2 e- your duty to do.  Forfeiture of $ 4 0 0 . O q y E e r  month 
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for two months  (in excess of $50.00 pay per-month  for 
two months suspended until 3 Jul 90-1 , and forty five 
days extra duty. (No appeal)  (No mitigation) 

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1" 

(4) 88/09/29, Anderson AFBr Guam -  Article 111.  You,  did, 
on or about 17 Sep 88, at the inbound lane of the main 
gate, operate 'a  vehicle, to wit: a passenger car, while 
drunk.  Reduction to Amn  (suspended until 28 Mar 89), 
forfeiture of $150.00 pay per month  for two months,  and 
30 days correctional custody. (No appeal)  (No 
mi tigation) 

e. 

Additional: DD FORM 1408, 14 FEB 90 - Traffic violation. 

f.  CM:  none. 

g.  Record of SV: 86/03/04 -  87/05/02  Loring AFB 
87/05/03 -  88/01/16  Loring AFB 
88/01/17 -  89/01/16  Anderson AFB  9  (Annual) 
89/01/17 -  90/01/16  Anderson AFB  4  (Annual) 

9  (Annual) 
9  (CRO) 

(Discharged from Travis AFB) 

h.  Awards &  Decs:  AFTR, AFLSAR, AFGCM, AFOUA, AFOSSTR. 
i.  Stmt of Sv:  TMS:  (04) Yrs  (06) Mos  (17) Das 
TAMS: ( 0 4 )   Yrs  (03) Mos  (03) Das 

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4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01/08/28. 

(Change Discharge to Honorable) 

- Issue 1:  I 

release from 1990. 

put in Alcholism  (sic) Rehab and I was discharge upon 

ATCH 
none. 

02/05/08/ia 

DEPARTMENT OF THE  AIR  F O R C E  

H E A D Q U A R T E R S  6 3 3 D  A I R   BASE WING ( P A C A F )  

APO S A N  F R A N C I S C O  96334-5000 

REPLY TO 
A I T N  OF:  JA 

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SUBJECT 

Final  Review:__ AFR  39-10  Discharge  (Amn 
43  OMS) 

-;9=Tb  cc 

- 2 -  
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2 4  MAY  1990 

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be  discharged from the A i r  
I  have 
-10,  paragraph  5-47b. 
and  f i n d  i t  l e g a l l y   s u f t i c i e n t  
10,  unless  otherwi se  stated. 

ated  t h i s   discharge  action 

a  general  discharge  without 
consulted  w i t h   counsel  and  waived 

__ 

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3.  Summary  o f  the  Evidence.  To  support  the  discharge,  the  i n i t i a t i n g  
commander  c i t e d  the  foldowing  evidence  from  the  case  f i l e :  

a.  On  4  Mar 
assaulted  a  securi 
on  12  Mar  90  and was  entered  i n t o  the  Alcohol  Rehabilitation  Center  f o r  
inpatient  treatment  due  t o  the  severity o f  h i s  condition,  which  he  completed 
on  8  May  90. 

operated  h i s  vehicle  while  drunk  and  also 
For  this,  he  received A r t i c l e   15  punishment 

b.  On  4  Mar  90, 
and  was  d r i v i n g  a t  ex 
Suspended  A r t i c l e   15  punishment  on  12  Mar  90. 

operated  h i s   vehicle  i n  a  reckless  manner 
eds.  For  this,  he,received Vacation  o f  

c.  On  14  Feb  90, 
i n  a  motor  vehicle acc 
korces  T r a f f i c   Ticket 

i l e d  t o  y i e l d  the  r i g h t  o f  way  resulting 
is,  he  received a  DD  Form  1408,  Armed 

d.  On  12  Dec  89, 
duties.  For  this,  he 
e.  On  E S e p  88, 

was  d e r e l i c t   i n  the  performance  o f  h i s  
i c l e  15  punishment  on  4  Jan  90. 

operated  h i s  vehicle  while  drunk.  -%r 

this,  he  received A r t i c l e   15  punishment  on  29  Sep  88. 

4.  Service  Characterization.  The  i n i t i a t i n g  commander  has  recommended  a 
general  discharge.  To  determine  the  appropriateness  o f  t h i s  recomnendation, 
we  must  review  Respondent's  military  record  i n  the  current  enlistment  and 
apply  the  guidelines  for  and  r e s t r i c t i o n s  on  service  characterization  found 
i n  Chapter  1,  Section B. 

5.  Review  of.Respondent's  M i l i t a r y .  Record. 
i s  serving  on  h i s  f i r s t  term o f  enlistment which  began  on  4  Mar  86. 
Respondent  i s  a  I n e r t i a l   Navigation Specialist  and  was  assigned $D tbe 
43d  Organizational  Maintenance  Squadron  on  12  May  88.  Wspondent  nas 

i s  23  years  o l d  and 

received three APRs, 
the overall  r a t i n g  o f  a  "3."  The  Respondent  i s  e n t i t l e d  t o  wear  the A i r  
Force  Training  Ribbon,  A i r  Force  Good  Conduct  Medal  and  the  A i r  Force 
Longevi ty  Ribbon. 

the  overall  ratings  o f  which  are  "9s,"  and  1 EPR  with 

For  the  Respondent.  A f t e r   consulting with  counsel, 

6. 
r i g h t  t o  submit .- -  matters  f o r  your  consideration. 

waived  h i s  

-,A. 

7.  Analysis  o f  Service  Characteriation.  43  OMS/CC 
discharge-  Wti  a  characterization  i s  warranted  when  s i g n i f i c a n t z n e g i v e  
aspects-of- the  member's  conduct  o r  performance  o f  duty 
aspects  o f  the member's  m i l i t a r y  record. 
I n  t h i s  case 
incidents  o f  serious  misconduct  constitute  s i g n i f i c a n t  

h i s  m i l i t a r y   record,  j u s t i f y i n g   service  characterization  as  general . 

recomnds  a  general 

ve 
epeated 
s  of 

8.  Preprocessing  Rehabilitation.  Paragraph  5-2  states  that,  "Airmen  should, 
as  a  rule,  be  given  an  opportunity  t 6  
In t h i s  cas 
discharge  action  starts." 
opportunities , including three A r t i c l e  
conduct.  Therefore, 

t h i s   regulatory  requirement  has  been  f u l f i l l e d .  

r deficiencies  before 
has  been  given  numerous 

n  an  attempt  t o  correct h i s  

, 

9. 
co 
OP 
respond  t o  formal  administrative  actions,  including three A r t i c l e   15s.  His 
misconduct  i s  o f  a  very  serious  nature  and  has  been  repeated,  constituting  a 
continual  danger  t o  the  A i r  Force.  Continued  r e h a b i l i t a t i o n  e f t o r t s  would  be 
f u t i l e  i n  t h i s   case. 

has  had  ample 
he  has  f a i l e d   t o  

The  i n i t i a t i n g  

10.  Other-considerations.  The  case  t i l e  does  not  contain  a  Keport  o f  
Medical  txamination  (SF8tr )  showing  Respondent  i s  q u a l i f i e d  f o r  worldwide  duty 
o r  discharge.  This  report must  be  included  i n  the  f i l e   before discharge  can 
be  executed  (para  6-11). 

11.  Conclusions. 

I  find: 

a.  The  reason  c i t e d  as  the  basis  for  discharge  i n  the  Letter o f  

N o t i f i c a t i o n  i s  supported  by  a  preponderance  o f  the  evidence; 

b.  The  reason  c i t e d   i n  the  Letter o f  Notification  i s  a  proper  basis o f  

discharge; 

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c.  TheTecMnendation  for  a  general  discharge  i s  appropriate  pursuant 

t o  the  c r i t e r i a  of  paragraph  1-18  and  the  r e s t r i c t i o n s   i n  paragraph  1-21;  and 
d.  Although  t h i s   airman  i s  e l i g i b l e   for  P&R  under  Chapter  7,  he  i s  not 

a  suitable  candtdate. 

c - 
+ =  

12.  RECOMMENDATION:  You  should  approve  separation  o 
A i r  Force w i t h  a  general  discharse.  without  an  o f f e r  

from  the 
and 

___." -- 
S t a f f  -Judge-Advocate 

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, - -  - 

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2  Atch  - 
1.  Proposed Action 
2.  Discharge  F i l e  (Amn  M i l l e r )  

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DEPARTMENT O F  THE AIR FORCE 

HEADQUARTERS 4 3 D  BOMBARDMENT WING. HEAVY (SAC) 

APO SAN FRANCISCO 96334-5000 

 REP^^^^  43  OMS/CC 

ATTN.  O F  

. -_ _-_ 

N o t i f i c a t i o n  

-  L e t t e r  

>- 

Yo.’. . 

- 

43  OMS 

I 

17 May 1990 

-,;-- 

- =  

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1. 
I  am  recommending  your  discharge  from  t h e   United States  A i r  
Force  f o r   a  p a t t e r n  of misconduct,  conduct  p r e j u d i c i a l   t o  good 
order  and  discipline,  according  t o  AFR  39-10,  paragraph  5-47b. 
Copies  of  t h e   documents  t o  be  forwardedbto  t h e   separation 
a u t h o r i t y   t o  support  t h i s  recommendation  a r e   attached. 
2.  My  reasons  f o r   t h i s  a c t i o n   are: 

 - -  

-

.

a.  On  4  Mar  90,  you  operated  your  v e h i c l e   while  drunk  and  you 

a l s o  assaulted  a  s e c u r i t y   policeman.  For  t h i s ,   you  received 
A r t i c l e   15  Punishment  on  12  M a r   90  and  were  entered  i n t o  t h e  
Alcohol  R e h a b i l i t a t i o n   Center  (CSRC) 
you  completed  on  8  May  90. 

f o r   i n p a t i e n t   treatment  which 

b. 

On  4  Mar  90,  you  operated  your  v e h i c l e   i n  a  reckless 

manner  and  were  d r i v i n g   a t   excessive  speeds.  For  this,  you 
received  Vacation  of  Suspended  A r t i c l e   15  punishment  on  12  Mar  90. 

c.  On  14  Feb  90,  you  f a i l e d  to y i e l d   t h e   r i g h t   o f   away 

r e s u l t i n g   i n  a  motar  v e h i c l e   accident.  For  t h i s ,   you  received  a 
DI) Form  1408,  Armed  Forces  T r a f f i c   Ticket  an  14  Feb  90. 

d.  On  12  Dec  89,  you  were  d e r e l i c t   i n  t h e  performance  of  your 
duties.  For  this,  you  received  A r t i c l e   15  Punishment  on  4  Jan  90. 

,I 

e. 

O n   17  Sep  88,  you  operated  your  v e h i c l e   while  drunk.  For 

this,  you  received  A r t i c l e   15  Punishment  on  29 Sep  88. 

-  you  t o  con-t 
-  ----------- 

3.  You  have  t h e   r i g h t   t o  consult  counsel.  M i l i t a r y   l e g a l   counsel 
has  been  obtained  t o  a s s i s t   you. 
.  You  may  consult  c i v i l i a n  counsel 

I  have  made  an  appointment  f o r  

B u i l d i n g   21000,  Ext  3&6-2281%& 

0900  hrs 
a t   Your  own  expense. 

0 

4.  You  have  t h e   r i g h t   t o  submit  statements  i n  your  behalf.  Any 
, unless  you  request  and  receive  an 
statements  you  want  t h e   separation  a u t h o r i t y   t o  consider  m u s t  
reach  m e   by  22  May 90 
extension  f o r   good  cause  shown. 
separation  authority. 

l   send  them  t o  t h e  

I  w i

l

I f   you  f a i l   t o  consult  counsel  o r   to submit  statements  i n  your 
l   c o n s t i t u t e   a  waiver  of  your  r i g h t   to 

5. 
awn  behalf,  your  f a i l u r e   w i
do so. 

--  - 

-, 

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l

P e a c e .

 . . . i s   o u r   P r o f e s s i o n  

6.  You  have  been  scheduled  f o r   a medical  examination.  You  must 
r e p a r t   to 633 Medical  Graup,  a t  0730  hours  on  21 May 

. 

7.  Any  personal  information  you  f u r n i s h   i n  r e b u t t a l   i s  covered  by 
t h e   Privacy  Act  Statement  as explained  i n  AFR  39-18,  attachment  6. 
A  Copy  o f   AFR  39-10  i s -   a v a i l a b l e   f o r   your  use  i n  t h e   U n i t   Orderly 
Room. 

mmed i ate1 y . 
8.  Execute-the  attached  acknowledgement  and  r e t u r n   it t o  me 

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Suspended  A r t   15 
Punishment,  12  Mar  90 

1.  A r t   15,  12  Mar  90 
2-' AF  Form  366,  Vac  o f  
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3.  DD Form  1408,  Armed  Forces 
T r a f f i c   Ticket,  14  Feb  98 
4.  A r t   15,  4  Jan 90 
5.  A r t   15,  29  Sep  88 
6.  Airman 's Acknowledgment