| - PERSONAL APPEARANCE X RECORD REVIEW

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ISSUES INDEX NUMBER BOARD:
A94,.05 A69.00 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
[3 | LETTER OF NOTIFICATION _ ~ _
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE ~
27 AUG 02 == | FD2002-0146 COUNSEL’S RELEASE TO THE BOARD
| ADDITIONAL EXHIBITS SUBMITTED AT TIME OF “t
PERSONAL APPEARANCE
. _ . : J
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

REE DISCHARS

   

 

 

 

 

  

REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance, and the right to submit an application to
the AFBCMR.

 

 

: ya

 

SIGNATURE OF RECORDER

 

 

 

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
330 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, FE 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 | ryo9_0146

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. . EF se,

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 justify a change of discharge.

ISSUE: The applicant believes that his discharge was too harsh. The records indicated applicant recetved
a General Discharge for failure to complete alcohol rehabilitation. He received an Article 15 for driving
while intoxicated. Applicant also received a Letter of Reprimand for causing an accident and leaving the
scene without contacting the owner or reporting it to the Security Forces Squadron. The Board found the
seriousness of the willful misconduct offsets any positive aspects of the applicant’s duty performance, The
Board concluded the misconduct was a significant departure from the conduct expected of all military
members. The Board found no evidence of impropriety or inequity in this case on 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
FD2002-0146
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/09/15 UP AFI 36-3208,
para 5.32 (Alcohol Rehabilitation Failure). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 76/04/05. Enlmt Age: 19 1/12. Disch Age: 24 5/12. Educ:HS DIPL.
AFOT: N/A. A-57, E-79, G-53, M-64. PAFSC: 4N051 - Medical Service Journeyman.
DAS: 99/08/09.
b. Prior Sv: (1) AFRes 95/05/23 - 95/11/20 (5 months 28 days) (Inactive) .
(2) Enlisted as AB 95/11/21 for 4 yrs. Svd: 3 yrs 2 months 0
days, all AMS. AMN - 96/05/21. Alc - 97/03/21. SRA - 98/11/21. EPRs: 3,5.
3. SERVICE UNDER REVIEW:
a. Reenlisted as SRA 99/01/21 for 6 yrs. Svd: 01 Yrs 07 Mo 25 Das, all
AMS
b. Grade Status: Al1C - 00/08/09 (Article 15, 00/08/09)
c. Time Lost: none,
d. Art 15’s: (1) 00/08/09, Ramstein AB, Germany - Article 111. You did,
at or near Weilerbach, Germany, on or about 5 Jul 00,

physically control a vehicle, to wit: a passenger car,
while the alcohol concentration in your blood was 0.10
grams of alcohol per 100 milliliterg-of blood or
greater, specifically 1.53 grams of alcohol per 100
milliliters of blood, as shown by chemical analysis.

Reduction’ to A1lC and a reprimand. (No appeal) (No
mitigationy
e. Additional: none.
£. CM: none.
g. Record of SV: 95/11/21 97/07/20 Shaw AFB 3 (Initial)
97/07/21 00/07/20 Shaw AFB 5 (Annual)
98/07/21 99/07/20 Shaw AFB 4 (Annual)
99/07/21 00/07/20 Ramstein AB 2 (Annual) REF

(Discharged from Shaw AFB)
FD2002-0146
h. Awards & Decs: AAM W/1 DEV, AFLSAR, NDSM, AFOUA W/1 DEV, AFGCM.

i. Stmt of Sv: TMS: (05) Yrs (03) Mos (23) Das
TAMS: (04) Yrs (09) Mos (25) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/02/28... . .
(Change Discharge to lienerakile) _——

Issue 1: I feel that my discharge should be upgraded to honorable for
several reasons. First, per my Legal Review of Discharge, my commander at the
time of the order felt my service was honorable, and my discharge should be
named as such. I realize that I have tarnished my otherwise excellent military
record with this ome incident, and I have rectified the problem. I have now
successfully completed the ADAPT program, and have continued being a productive
member of society as a civilian. JI am also enrolled full time in college with a
"B" average. Enclosed are my service records, including letters of
accomplishment and appreciation, Air Force Achievement Awards, and Enlisted
Performance Reports, all outlining my exceptional devotion to duty and drive to
go beyond what was expected of me. I would like my military record to once
again reflect my steller performance.

ATCH

1. Legal Review.

2. Completion of ADAPT.

3. DD Form 214 (Member 4 & 1).

4. Three Enlisted Performance Reports.
5. Certificate of Appreciation.

6. Certificate of Accomplishment.

7. Two Air Force Achievement Medal.
8. Grade Report.

02/07/12/ia
i fiD2ee 4~O/F ©

DEPARTMENT OF THE AIR FORCE
86TH AIRLIFT WING (USAFE)

 

MEMORANDUM FOR 86 AW/CC . =
FROM: 86 AW/JA

SUBJECT: Legal Review of Discharge -

 

 

1. [have reviewed the administrative discharge action against aia ee. iti
on 23 Aug 00 by iRRIeeMe es
discharge.

 

2. BASIS FOR THE ACTION: Administrative discharge action was initiated pursuant to

AFI 36-3208, Section F aragraph 5.32, Failure in Alcohol Abuse Treatment, she or pest § service
characterizatiqg RIB may receive under this paragraph is general aes
discharge is based. upon the following: on 14 Jul 00, he was determined as an 1 Alcohol and Drug
Abuse Prevention and Training (ADAPT) Program failure based on a demonstrated pattern of
unacceptable behavior, inability to comply with treatment plan, and continued Sh stance use after
receiving initial treatment, as evidenced by the memorandum provided Lyne iin
Clinical Psychologist, Chief, Substance Abuse Program, dated 14 Jul 00.

    

 

3. MATTERS SUBMITTED BY THE RESPONDENT: Respondent consulted counsel on
25 Aug 00 and did not submit a statement on his own behalf.

4. DISCUSSION: The respondent's commander has recommended that the respondent be
separated from the United States Air Force with an honorable discharge under AFI 36-3208,
Section F, paragraph 5.32, Failure in Alcohol and Abuse Treatment. This pdragraph authorizes
discharge of airmen who fail to successfully complete an alcohol abuse treatment program due to
inability, refusal to participate in the program, or unwillingness to cooperate. Such airman

sho uid De sepi arated if they lack the potent a for continued military service. In this case,
-— Reeeebiigis a ADAPT program failure due to his
unacceptable behavior of drinking and driving and failing to adhere to program requirements by
abstaining from alcohol while enrolled in the ADAPT program. The incidents resulting in
REA failure in the ADAPT program cited by his commander are legally sufficient to
support discharge under this paragraph.

   
  

  
  

5. OTHER MATTERS: Before the respondent can be discharged, he must be found. edically
qualified for worldwide duty in accordance with AFI 36-3208, paragraph 6.3 Sian
his medical appointment on 24 Aug 00 and processing should not be delayed to wait for the
medical report. You may authorize the discharge, but it will not be executed until the medical
report is complete.

 

 

e866 AES/CC and i it is legally sufficient to support ~
PD 2c0r-6/ YE

6. CHARACTERIZATION OF SERVICE:

a. Characterization of service should be based on the quality of the member's service in the current
enlistment. The respondent has over three years and one month of military service. His current
enlistment began on 21 Jan 99 for a term of 6 years. The respondent has received four EPRs with ~-—-
promotion recommendations of 2, 4, 5 and 3.

b. The service of an airman discharged for failure in alcohol and abuse treatment may be
characterized as honorable or general.

c. A general characterization is warranted when an airman’s service has been honest and faithful,
but significant negative aspects of the airman’s conduct or performance of duty outweigh positive
aspects of the airman’s military record.

d. In this case, the respondent has a disciplinary history consisting of one instance of nonjudicial
punishment, a Letter or Reprimand,and creation of an Unfavorable Information File. The nonjudicial
punishment was a direct result of EERE isuse of alcohol. The commander does not feel

RARE ni sconduct and failure i in the ADAPT program constitute significant negative aspects
that outweigh the otherwise positive aspects of his service. The respondent’s commander
recommends an honorable discharge. I disagree. In this case, the respondent’s failure to meet and
maintain Air Force standards of behavior, driving while drunk and failure i in the A DAPT program
during the current enlistment constitute significant negative aspects ofan eee
outweigh the positive aspects of his military record. Accordingly, I recommend fhe respondent
receive a general discharge.

    
 

  

7. PROBATION AND REHABILITATION: Under AFI 36-3208, Chapter 7, the member is _
entitled to have probation and rehabilitation (P&R) considered by the discharge authority.

Approval of P&R includes ordering a discharge and then suspending it until the member has
successfully completed a period of P&R. In most cases, the failure in a rehabilitation program

such as the Alcohol and Drug Abuse Prevention and Treatment Program makes P&R impractical.

In this case, ie Me ADAPT counselor states the member does not desire further treatment ~
and requested to be separated from the military. The respondent’s commander does not
recommend P&R. because previous rehabilitative efforts, to include one instance of nonjudicial
punishment have failed to alter the respondent’s behavior. I concur.

 

8. ACTIONS WHICH MAY BE TAKEN: As the Special Court-Martial Convening Authority,
you have the following options:

a. Direct that the respondent be retained in the USAF;

b. Direct that the respondent be separated from the USAF with an honorable discharge with
or without P&R; or
c. Direct that the respondent be separated from the USAF with a general discharge, with or
without P&R;

9, RECOMMENDATION: Direct that the respondent be separated from the USAF with a
general discharge without P&R by signing Attachment 1. However, if you concur with the
respondent’s commander, you may direct that the responden separated from the USAF with
an honorable discharge without P&R by signing Attaching ’ ii

  
  
  

i Colonel, USAF

   

$f aff Jud ge Advocate "

 

Attachments:
Proposed Memo for 86 AW/CC
Proposed Memo for 86 AW/CC
. Discharge Package
Resp i's Documentation:
BPE tatcment, 25 Aug 00
b. Receipt of Notification Memorandum, 23 Aug 00

RYN
D2002-O/¥6

DEPARTMENT OF THE AIR FORCE
86TH AIRLIFT WING (USAFE)

 

   

MEMORANDUM FO

  

FROM: 86 AES/CC

SUBJECT: Notification Memoranduin

1. Tam recommending your discharge from the United States Air Force for Failure in Alcohol
Abuse Treatment. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.32.
If my recommendation is approved, your service will be characterized-as honorable or general. I
am recommending that your service be characterized as honorable.

2. My reason for this action is: on 14 Jul 00, you were determined as an Alcohol and Drug

Abuse Prevention and Training (ADAPT) Program failure based on a demonstrated pattern of

unacceptable behavior, inability to comply with treatment plan, and continued substance use

after receiving initial treatment, as evidenced by the memorandum provided by@iy Oe
Clinical Psychologist, Chief, Substance Abuse Program, dated 14 Jul 00.

 

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising special court martial jurisdiction, or a
higher authority, will decide whether you will be discharged or retained in the USAF and if you
are discharged, how your service will be characterized. If you are discharged, you will be
ineligible for reenlistment in the USAF, and any special pay, bonus, or education assistance
funds you have received may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel Decn 1 obtained to assist you.
Ihave made an appointment for you to consult with Capa AAA rea Defense
Counsel, Building 2111, DSN 480-2182/2492 on 25 Aug 00 at 0930. You may consult civilian

counsel at your Own expense.

  
 

5. You have the right to submit statements on your behalf. Any statements you want the
separation authority to consider must reach me by 29 Aug 00 at 1000 unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

6. If you fail to consult counsel or submit statements in your behalf, your failure will constitute a
waiver of your right to do so.

7. You must report in uniform with your medical records and an escort to the Ramstein Air Base
Clinic, Physical Exams, Building 2182 on 24 Aug 00 at 0700 for the evaluation. If you wear
glasses, you must bring them with you. If you wear contacts, you must be able to remove them.
fp 2002- 07 f6

t } a

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 orderly room or via the internet.

  

Bol, USAF, MC -~-—

Attachments:

1. Supporting Documents: Memorandum from 86 MDOS/SGOHBA, dated 14 Jul 00

2. Other Documents:
a. Letter of Reprimand, undated
b. AF Form 3070, Record of Nonjudicial Punishment Proceedings, 9 Aug 00, w/ UIF Action
c. Denial of AF Good Conduct Medal, dated 14 Aug 00

3. Airman’s Receipt of Notification Memorandum