NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

   
 

PERSONAL APPEARANCE

| NAME OF COUNSEL AND OR ORGANIZATION

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

AB Gane

X RECORD REVIEW

| ADDRESS AND O& ORGANIZATION OF COUNSEL

 

 

 

 

MEMBERS SITTING

 

VOTE OF THE BOARD
GEN torn Orie

 

 

 

 

 

 

 

 

  
  

 
 

 

 

 

 

 

INDEX NUMBER T= EXHIBITS SUBMITTED 10 1HE BOARD
A94.05 A67.10 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
5 JUN 03 FD01-00126 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

APPL S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE:

oe : ae fe ad

 

‘REMARKS

Case heard at Scott AFB, Ilinois.

advise applicant of the decision of the Board and the right to submitt an application to the AFBCMR,

 

 

 

 

| SIGNS E OF RECORDER
\

 

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

TO:

 

SIGNATURE OF BOARD PRESIDENT

 
  
   

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

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.
tr

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-00126

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

       
     
 

The applicant’s appeal was heard before the Discharge Review Board (DRB), without counsel, at Scott
AFB, IL on June 5, 2003. The applicant did not appear.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge to Honorable is denied.

  
    
     
   
   
   
   
   
   
     
  

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

ISSUES: The applicant was discharged with a General Discharge for a pattern of Minor Disciplinary
Infractions. Member received two Articles 15 for failure to go and operating a motor vehicle recklessly
while intoxicated. He also received two Records of Individual Counseling for failing to go. Applicant
claims he was made an example of and others did not receive the same punishment for the same violations.
These two issues are without merit. The record does not indicate he was made an example of and his
administrative actions were consistent with his violations. The Discharge Review Board opined that though
the above-mentioned administrative actions occurred, the applicant had ample opportunity to change his
negative behavior. The Discharge Review 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.

     
   
 
  

CONCLUSIONS: The Discharge Review Board conchades 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.

      

Attachment:
Examiner's Brief
FDO01-00126

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

—eEeEeVOor7"" (Former AB) MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 93/11/04 UP AFR 39-10,
para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for HON Disch.

2. BACKGROUND:

a. DOB: 72/03/12. Enlmt Age: 18 1/12. Disch Age: 21 7/12. Educ:HS DIPL.
AFOT: N/A. A-48, E-82, G-66, M-88. PAFSC: 2A452 - Aircraft Communications

and Navigation Systems Journeyman. DAS: 91/11/18.

b. Prior Sv: AFRes 90/05/01 - 91/01/06 (8 months 6 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 91/01/07 for 4 yrs. Svd: 2 Yrs 9 Mo 28 Das, all AMS.

b. Grade Status: AB - 93/09/28 (Article 15, 93/09/28)
AMN - 93/01/25 (Article 15, 93/01/25)
Alc - 92/05/07
AMN - 91/07/07

c. Time Lost: none.

d. Art 15’s: (1) 93/09/28, Kwang Ju AB, Korea - Article 86 & 134. You
did, ofa 15 Sep 93, w/o authority, fail to go at the
time prescribed to your appointed place of duty. You
were, ofa 15 Sep 93, as a result of wrongful previous
overindulgences in intoxicating liquor or drugs,
incapacitated for the proper performances of your
duties. Rdn to AB, forfeiture of $100.00 pay per month
for two months, and 45 days restriction.

(Appeal/Denied) (No mitigation)

(2) 93/01/25, Kadena AB, Korea - Article 111. You did, o/a
16 Jan 93, on Paris Avenue, operate a vehicle, to wit:
a passenger car while drunk and in a reckless manner by
driving at a speed in excess of 50 kilometers per hour.
Rdn to Amn, forfeiture of $188.00 per month for two
months. (No appeal) (No mitigation)

e. Additional: UIF, 16 JAN 93 - DWI.
RIC, 15 SEP 93 - Failure to go.
RIC, 16 SEP 93 - Failure to go.
TRAFFIC TICKET, 16 JAN 93 —- DWI.
FDO1-00126

g. Record of SV: 91/01/07 92/09/26 Kadena AB 4 (Initial)
92/09/07 93/09/06 Kadena AB 3 (Annual)
(Discharged from Travis AFB)

h. Awards & Decs: NDSM, AFTR, AFOSLTR.

i. Stmt of Sv: TMS: (3) Yrs (6) Mos (4) Das
TAMS: (2) Yrs (9) Mos (28) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 00/09/25.
(Change Discharge to Honorable)

Issue 1: The Honorable Members of the Board: On behalf of the above-
mentioned service member, we are requesting a discharge upgrade to reflect an
honorable discharge. The former service member (FSM) received a general
discharge under honorable conditions. We contend that the FSM was discharged
as a result of providing his command with the opportunity of using him as
example. Thus, we contend that the FSM did not receive a fair and appropriate
discharge. We are seeking an upgrade based on equitable relief.

We contend that the evidence of record does not indicate that the discharge
the FSM received was fair, appropriate or just. We request that based on
equity that the FSM be awarded a discharge upgrade.

The evidentiary record indicates the FSM was involved in an alcohol related
set of circumstances that involved his entire squadron. However, it is hard
to believe that the FSM is the only one who was punished for his actions. The
record indicates that several members of higher rank and billet were also
involved. However, the FSM was singled out by his command and was the only
one punished.

Enclosed with this request are several statements from service members at the
time of the incident. It displays that more than just the FSM was a part of
the incident. Also enclosed are several letters of recommendation for the
FSM. Prior to the incidents that led to his discharge, the FSM had received
many accolades from his peers and his superiors.

The FSM did have a problem with alcohol while in service, yet he was not
provided with any treatment or classes to help with the problem. Instead, he
was quickly given a general discharge under honorable conditions. The FSM

then entered civilian life with a problem. Also of record are reports of the ~~

FSM receiving multiple DUIs. After realizing he needed help the FSM got
himself into rehab and has been clean and sober.

The FSM is currently enrolled in ----~---- Tech. He is also working at ----- ,
The FSM has recently received many awards and remarks of excellence for his
schoolwork and his current employment. The FSM with a lot of hard work and
effort has managed to stay sober and better his life.

We contend that if the FSM had received treatment is service, which is the
current practice of the Armed Forces for alcohol incidents, he would had
FDO1-00126

rehabbed in service and received an honorable discharge given his fine example
prior to the incident.

We respectfully request that the FSM receive a discharge upgrade based on
equity. The FSM has shown that he can succeed and overcome. In order of
fairness and justice, we contend that a discharge upgrade is warranted.

ATCH
1. VA Letter to the DRB.

2. Applicant's Letter to the DRB.

3. Personal Statement.

4. DD Form 214.

5. Alcohol Awareness Report.

6. Police Report.

7. Article 15, 25 Sep 93.

8. Personal Statement.

9. NA Form 13044.

10. Certificate of Training.

11. Four Achievement Certificates & Student Grade Reports.
12. Certificate of Training.

13. Three Personal Statements.

14. Character Statement.

15. Three Airmen Proficiency Feedback Worksheets.
16. Three Letters of Appreciation.

17. Personal Statement.

18. Letter of Recommendation.

19. Three Letters of Appreciation.

20. Five Certificates of Training.

21. College Transcript.

22. Certificate of Appreciation.

23. RIC, 15 Sep 93.

24. RIC, 16 Sep 93.

25. Response to Article 15.

26. Five Character References.

27. Sortie Critique.

28. Three Letters of Appreciation.

29. Airmen Performance Feedback Worksheets.

30. Seven Character References.

31. Enlisted Performance Report.

32. Letter of Evaluation.

33. Enlisted Performance Report.

34. Notification Memorandum.

35. Article 15 & Response.

36. Two Traffic Tickets.

37. Alcohol Influence Report.

38. Notice of Temporary Suspension/Revocation of Driving Previleges.
39. Two Statements of Suspect/Witness/Complainants.
40. Alcohol Checklist.

41. Receipt of Prisoner or Detained Person.

42. Two Traffic Tickets.

43. Security Police Desk Blotter.

44. Notice of Revocation of Driving Privileges.
FDO1-00126

45. Unfavorable Information Folder.
46. VA Form 21-22.

01/05/02/ia
DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

 

FROM: 18 WG/JA 22 October 1993
Unit 5141, Box 40
APO AP 96368-5141

SUBJ: Legal Review - Administrative Discharge - AB @UQRRDAMNNROUNNRIRED
UMN «909 AREFS (PACAF), Kadena AB, Japan

TO: 18 WG/CC

1. BASIS: Lt Col aim has initiated thig administrative diacharge
action againat AB " for Migconduct-Minor Disciplinary
Infractiong. The authority for thiga action is AFR 39-10, paragraph 5-46. The
initiating commander hag recommended a general discharge without probation and

rehabilitation. Colone! STO ieey concurs with this action.

2. GOVERNMENT’S EVIDENCE: AB <@UMQQM@BNGP has engaged in misconduct

consisting of minor disciplinary infractions, specifically:

a. On or about 16 Jan 93, he operated a vehicle while drunk and in a
recklese manner by driving in excess of the posted speed limit. As a reault,
he received an Article 15 on 28 Jan 93. Punishment conaiated of reduction to
the grade of Airman and forfeitures of 188.00 per month for two months
(Tab 1-1). -

b. On or about 18 Sep 93, he failed to go at the time prescribed to his
appointed place of duty. Additionally, on or about 15 Sep 93, he wrongfully
overindulged in intoxicating liquor or druga which resulted in hia being
incapacitated to properly perform his duties. As a result, he received an
Article 15 on 24 Sep 93. Punishment consisted af reduction to the grade of AB
(Tab 1-2).

3. RESPONDENT'S EVIDENCE:

a. The respondent, a 2l-year old airman, originally enlisted 7 Jan 91.
Higa AQE scores are A-48, E-82, G-66, and M-88. This airman hag received
two evaluation reports. Hig moat recent EPR, which closed out 6 Sep 93, rated
him an overall 3. The airman ig entitled to wear the medala, awards and
ribbons outlined in the commander's recommendation.

b. The respondent wag given the opportunity to consult with military
defenze counsel and has submitted a statement in response to this discharge
action. AB @UQQMRUPMD discusses the circumstances surrounding his last
Article 15. He believes that the Article 18 wae unjust and that he wag not
the only pergon that was late for duty. He requests that he be allowed to
finish out thia enliatment. He believes that he has learned from his mistakes
and that he ig capable of taking corrective measures so that they will not
happen again.
FDel- PAaL2G

4. ERRORS OR IRREGULARITIES: None noted.

5. DISCUSSION:

a. AFR 39-10, paragraph 5-46, authorizes the involuntary separation of
airmen who engage in minor disciplinary infractions. AB
migconduct has resulted in two Article 152, one for operating a vehicle while
drunk and in a reckless manner by exceeding the speed limit and the other for
failure to go, wrongful overindulgence in intoxicating liquor or drugs and
being incapacitated tor the proper performance of his duties.
AB actions show a4. gepious disregard for the safety and
well-being of othera, both on duty and in the civilian community. Therefore,
the requirements of the regulation are satisfied and discharge ia justified.

b. Characterization of aervice ag general ig appropriate when significant
negative aspects of an airman’s conduct outweigh positive aspects of hig or
her military record. Baged on the gseriougs nature of AB Hergenreder’s
misconduct, characterization of his service ag general ig appropriate.

ce. I concur with 909 AREFS/CC that probation and rehabilitation ig not
appropriate for this airman. AB ita «.: given the opportunity to
yehabilitate himself after his first Article 15. He did not take advantage
of that opportunity and repeated hia misconduct. There ig no reason to
believe that further rehabilitative efforts would be effective.

6. OPTIONS: As gpecial court-martial convening authority, you may:

a. Retain AB epee... if you conaider discharge unwarranted:

b. Direct a general discharge with or without probation and
rehabilitation; or

c. Recommend that 5 AF/CC direct an honorable discharge with or without
probation and rehabilitation.

7. RECOMMENDATION:

I recommend you direct ai fgeneral digcharge without probation and
rehabilitation by signing the attached letter. The point of contact for this
opinian is: :

 
 
  

: MEP Colonel, USAF 2 Atch
Staff Judge Advocate, 18th Wing 1. Discharge Letter
2. Case File
f0/-20/26

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 ie
available for your uge in the orderly room.

Execute the attached acknowledgment and return it to me immediately.

  
 
    

Lt Col, USAF 3 Atch

er, 909th Air Refueling Squadron 1. 25 Jan 93, Article 15;
24 Sep 93, Article 15

2. Aipman'’s Receipt of
Notification Letter

3. EPRe