AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE

AB

 

AFSN/SSAN

 

 

 

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

   
 
 

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

 

  
   

 

MEMBERS SITTING

 

 

 

 

 

 

CGRRTS SURMITTED 10 78E
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

INDEX NUMBER

A67.50

ISSUES

A94.05, A93.09, A93.19

    

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

    
  
 
 

  
 

CASE NUMBER

FD2002-0310

HEARING DATE

03-01-08

 

    

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

a a aT

 

 

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 

 

SIGNATURE OF BOARD PRESI

SIGNATURE SORBED ed ed
Sal

4
SAF/MIBR

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL.

AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3°” FLOOR
ANDREWS AFB, MD 20762-7002

Previous edition will be used.

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE, | 4p002-0310

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.

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

FINDINGS: Upgrade of discharge is denied.

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

Issues. Applicant was discharged for a pattern of misconduct. He had three Articles 15, all due to alcohol-
related-misconduct. In each instance, he was under legal age to drink, and he became either disorderly or
operated a vehicle drunk. In reply to two of the Articles 15, member admits his mistakes. For the first one,
he said it was an isolated incident and wouldn’t happen again. For the last one, he begs for another chance.
Member was twice referred to the Alcohol and Dmg Abuse Rehabilitation and Treatment Program,
successfully completing it the first time on June 21, 2000, just 3 months before his first Article 15. Member
had an extensive history of participation in alcohol rehabilitation programs, yet he continued to commit the
same type alcohol-related incidents over a 4-or-more-month period. Although member was counseled
extensively and given numerous opportunities to improve and change his negative behavior, he was unable
or unwilling to do so; it is Air Force policy that personnel who do not respond favorably to rehabilitation be
considered for separation. At the time of the discharge, applicant submitted a statement in his own behalf
requesting retention. Applicant now asserts he was having personal problems and depression, and was
afraid to talk to a counselor for fear of losing his Personnel Reliability Program certification, so he tumed to
alcohol, which he was too young and immature to handle. He further contends he wasn’t given adequate
support to quit drinking and the severity of his problem wasn’t properly recognized. The Board found
nothing in the records to substantiate these issues and finds them without merit. The Board found the
records indicate member was given adequate opportunity to improve and conform his behavior to Air Force
standards and was of the same age as other airmen who do not violate standards. The applicant’s repeated
misconduct was of a very serious nature and members who commit such acts of misconduct, even if alcohol
related, are held accountable for their actions. Therefore, no inequity or impropriety was found in his
discharge in the course of the records review.

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
FD2002-0310

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

_— a. (Former AB) (HGH Alc)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/12/19 UP AFI 36-3208,
para 5.50 (Pattern of Misconduct). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 81/05/24. Enlmt Age: 17 11/12. Disch Age: 20 6/12. Educ: HS DIPL.
AFQT: N/A. A-85, E-97, G-94, M-81. PAFSC: 2W251 - Nuclear Waapons.
DAS: 99/11/21.

b. Prior Sv: (1) AFRes 99/04/29 - 99/06/15 (1 month 17 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 99/06/16 for 6 yrs. Svd: 02 Yrs 06 Mos 04 Das, all AMS.

b. Grade Status: AB - 01/11/05 (Article 15, 01/11/05)
AMN - 01/02/15 {Article 15, 01/02/15)
Alc - Unknown.

c. Time Lost: none.

d. Art 15’s: (1) 01/02/15, Kirtland AFB, NM - Article 92. You, who knew
of your duties, on or about 27 Jan O01, were derelict in
the performance of those duties in that you willfully
failed to refrain from consuming alcoholic beverages
while under the age of 21, as it was your duty to do.
Article 111. You did, on or about 27 Jan O01, in the --
coos parking lot operate a vehicle, to wit: a
passenger car, while drunk. You did, on or about 27
Jan 01, in the -------- parking lot, operate a vehicle,
to wit: a passenger car in a reckless manner by pulling
two personnel on snowboards behind the vehicle. Thirty
days correctional custody, reduction to Amn (E-2), and
a suspended forfeiture of $584.00 pay per month for 2
months (No appeal) (No mitigation)

(2) 01/11/05, Kirtland AFB, NM - Article 134. You did, as
a person under the age of 21 years of age, on or about
19 Oct 01, wrongfully and knowingly consume alcoholic
beverages, in violation of the New Mexico Statutes
Annotated, Section 60-7B-1, as assimilated into Federal
Law by 18 U.S.C. Section 13, also in violation of
Article 134, UCMJ. You were, on or about 19 Oct O1,
drunk and disorderly. You did, on or about 19 Oct O1,
orally communicate to 8Sgt ------- , certain indecent
(3)

FD2002-0310

language, to wit: "good fucking for you" or words to
that effect. Reduction to AB, 30 days restriction, and
30 days extra duty. (No appeal) (No mitigation)

00/10/30, Kirtland AFB, NM - Article 92. You, who knew
of your duties, on or about 6 Oct 00, were derelict in
the performance of those duties in that you willfully
failed to refrain from consuming alcoholic beverages
while under the age of 21, as it was your duty to do.
Article 134. You, were, on or about 7 Oct 00,
disorderly. Suspended reduction to Amn (E-2), and 15
days extra duty. (No appeal) (No mitigation)

e. Additional: None.

f. CM: None.

g. Record of SV: 99/06/16 - 01/02/15 Kirtland AFB 2 (Initial) REF
01/02/16 - 01/10/05 Kirtland AFB 5 (CRO)

h. Awards & Decs:

(Discharged from Kirtland AFB)

AFTR.

i. Stmt of Sv: TMS: (02) Yrs (07) Mos (21) Das
TAMS: (02) Yrs (06) Mos (03) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/07/22.

(Change Discharge to
ISSUES ATTACHED TO BRIEF.

ATCH
1. Applicant's Issues.

Honorable)

02/11/04/ia
fO202~O B70

First, I would like to thank the board for considering my request to upgrade my
discharge. The conditions under which I left the United States Air Force have left me
ashamed, and my shoulders heavy with guilt. My only reason for requesting this upgrade
is to have peace of mind about that time in my life.

I’m sure you have all of the paperwork associated with my two and a half years
served in the military, but I would like to tell the story from my point of view. When I
joined the military in June of 1999, I was a straight A student who wanted to travel and
pay my own way through college. My ASVAB scores were high, so I got the job of my

‘ choice. Everything seemed perfect, and not fulfilling my six-year obligation was the last
thing on my mind.

I admit, though, that I wasn’t perfect. I would occasionally drink socially with
my friends from school and J even experimented with marijuana a few times. These were
all things that I told the recruiters in Des Moines. I have always had good candor and
integrity because I know that is the only way to gain trust.

The truth is, my life and all of my skills and intelligence were headed nowhere
after I graduated high school. I knew that my old friends would only guide me in the
wrong direction if I stayed in Iowa, and I truly wanted to break away from that. Joining
the Air Force and moving away from home seemed the only way to find a good direction
in life,

My life did change for the better after I joined. I was able to pick my friends all
over again and be whatever type of person I wanted to be. For well over a year I was a
perfect airman. I finished my CDC’s more than a year earlier than most of my peers.
Moreover, I never complained about my job, the treatment of new airmen, or the military
at all for that matter. I volunteered for everything that I could and always worked my
hardest. Diligence, honesty, and respect are very important to me, and it showed more
than ever during that time period.

Unfortunately, things didn’t stay perfect. In July of 2000, my best friend left, and
I found myself lonely and depressed all of the time. I felt like I had nobody in my life.
My parents were too far away to make a difference, and I felt like I was on the verge of
suicide. The pain was so intense that I can still feel it today when I think about it. I was
afraid to talk to a counselor because it would mean losing my PRP (Personnel Reliability
Program), which I felt would tamish my career. I knew I had to make new friends
quickly, so I turned back to my old ways. I started drinking a lot.

When I was drunk, I wasn’t myself. I would do anything to make people laugh
and accept me. As a result, I made a lot of friends quickly, but they were the worst kind.
They were the bad influence in my life that would convince me that it was all right to
drink underage and act crazy. As soon as things got bad, though, they were nowhere to
be found.

Don’t get me wrong. IJ accept full responsibility for my actions. I know that I
was young and ignorant to the path I was taking. I thought that I was accepted and I
would have done just about anything to keep that feeling.

Every single incident that resulted in my discharge from the military was alcohol
related. I was too young and immature to handle the responsibility of drinking. In fact, I
firmly believe today that I am an alcoholic. It wasn’t until the second incident that I
finally came to grips with that fact. I tried my hardest to kick the habit, and I was
Fp 2002-223/6

successful for a while. However, just like quitting smoking or kicking a drug addiction,
quitting comes with a period of failure.

My period of failure was largely as a result of living in a dormitory where beer
and liquor are more common than water. I tried to explain to my ADAPT counselor that
I was having a hard time quitting with that much temptation and with no way of leaving,
for my driving privileges had been taken from me after the second incident. He told me
that if I really wanted to quit, I would find a way. I assure you though, that I really
wanted to quit but was still unable to find a way.

Again, I accept full responsibility for my actions leading to my discharge, but I
also put some of the weight of my discharge on my ADAPT counselor and key personnel
in my squadron for not providing me with the support I needed to quit drinking. It is
common knowledge that the enlisted forces of all branches of the service embrace
drinking alcohol as it’s most important social pastime. It was at all of our squadron
functions, all wing dining in or out functions, and of course, it was impossible to escape
at the enlisted club, where I was caught underage drinking for the third time.

I ask that my discharge be upgraded for two main reasons. I believe that my
alcoholism was, and still is, a sickness and that I was never properly treated for the
severity of my dependence. It wasn’t until my life was shocked with the sudden
discharge that I finally took it upon myself to quit drinking and turn things around. I’ve
failed like most alcoholics do, but I do believe that I now have a grasp on my addiction.

Finally, I believe that the punishment I’ve already suffered for my actions is more
than sufficient. By no means do I want to imply that my crimes were minor, but my
punishment has been severe. Between the three alcohol related incidences, I have served
45 days of extra duty, 30 days of correctional custody, and two stripes lost. I’m paying
back over half of the bonus I received for only serving two and a half years of my six
year enlistment. Furthermore, every day I live with the dishonor of not being able to
serve my full enlistment like I had set out to do three years ago.

Again, I thank you for considering my plea. It is very important to me to have an
honorable discharge on my record. I only ask that you make this possible so that I may
have closure on a very dark period of my life.
DEPARTMENT OF THEAIRFORCE [ D 70@2- 33/6

HEADQUARTERS 377" AIR BASE WING (AFMC)

 

14 December 2001
MEMORANDUM FOR 377 ABW/CC

FROM: 377 ABW/JA

 

SUBJECT: Administrative Discharge Action 4 (898"" MUNS)

1. INITIATION OF ACTION: On 4 Dec 01, MMRnRONNINN 898 MUNS/CC, recommended
that @eRigeN Respondent”) be administratively discharged for misconduct, specifically a
pattern of misconduct, pursuant to AFPD 36-32 and AFI 36-3208, paragraph 5.50. He further
recommended that Respondent receive a general (under honorable conditions) discharge without an

opportunity for probation and rehabilitation (P&R).

2. RESPONDENT: Respondent, 20, has been in the Air Force for approximately two years and six
months. He was assigned to his current unit on 21 Nov 99.

3. RESPONDENT’S SUBMISSION: Respondent has met with and been counseled by an appointed
military defense counsel. He submitted written matters for your consideration (see Member’s
Response to Administrative Discharge Action). He admits his wrongdoing, states that he is enrolled in
substance abuse counseling, and asks to remain in the Air Force.

4. DISCUSSION:

a. Basis for Discharge: Respondent has received three Article 15s, all of them alcohol-related. In
October 2000, Respondent received an Article 15 for underage drinking and for disorderly conduct (he
urinated on a dormitory door just as the resident opened his door). He received another Article 15 in
February 2001 for underage drinking, driving while intoxicated, and reckless driving. In that incident,
Respondent, drunk, pulled two other military members on snowboards in the Sandia Crest Club
parking lot. Finally, in November 2001, he received his third Article 15 for underage drinking,
disorderly conduct, and for cussing to a NCO. Respondent and a friend had been turned away from
entering the Sandia Crest Club because they were highly intoxicated. They were subsequently stopped
by Security Forces personnel, and Respondent became belligerent as Security Forces personnel
attempted to escort him out of the club. His repeated misconduct provides a sufficient basis for his
discharge in accordance with AFI 36-3208, paragraph 5.50.

b. Appropriateness of Discharge: Respondent’s misconduct does not support continued military
service. Respondent has shown that he cannot refrain from drinking, resulting in misconduct that is
prejudicial to good order and discipline. qggg@ie stated in a conversation with the legal office that
Respondent has successfully completed the ADAPT program. Despite numerous chances and the
education and training of the ADAPT program, Respondent continues to drink alcohol and engage in
behavior that does not conform to Air Force standards. Discharge is appropriate.

c. Characterization of Service: Table 1.3 of AFI 36-3208 provides that a discharge for a pattern
of misconduct may be characterized as either honorable, general (under honorable conditions), or under
PR? 2002- 33/6

other than honorable conditions (UOTHC). Only the General Court-martial Convening Authority can
approve an honorable or UOTHC discharge. A general discharge is appropriate when significant
negative aspects of an airman’s conduct outweigh the positive aspects of his military record. In this
case, Respondent has three Article 15s that negatively reflects on his Air Force career of two years and
six months. A general discharge is the appropriate characterization of service.

d. Probation and Rehabilitation: Respondent is eligible for P&R under AFI 36-3208, Chapter 7.
The commander does not recommend P&R, which is generally reserved for members who have
demonstrated a potential to serve satisfactorily, have the capacity to be rehabilitated, and whose
probationary retention on active duty is consistent with the maintenance of good order and discipline in
the Air Force. Respondent has not shown the capacity that he can be rehabilitated, nor has he shown
the desire to conform to standards, P & R is not appropriate.

e. Legal Sufficiency: This action is legally sufficient.

5. ERRORS OR IRREGULARITIES: There are no errors or irregularities to the prejudice of
Respondent’s substantive rights.

6. OPTIONS: As the Separation Authority, you may:
a. Retain Respondent;
b. Approve the separation with an honorable discharge, with or without P&R;
c. Approve the separation with a general discharge, with or without P&R; or
d. Return the file to the unit to be processed for separation with a UOTHC discharge.

7. RECOMMENDATION: That you approve Respondent’s separation with a general discharge
without P&R.

    

ee. USAF
Assistant Staff Judge Advocate
I concur.

 

Staff Judge Advocate
“4 “, PR AR2Z-03/0
DEPARTMENT OF THE AIR FORCE

898TH MUNITIONS SQUADRON (AFMC)
KIRTLAND AIR FORCE BASE NEW MEXICO

   

MEMORANDUM FORg@ _
FROM: 898 MUNS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for misconduct,
specifically, a pattem of misconduct. The authority for this action is AFPD 36-32 and AFI 36-
3208, paragraph 5.50. Copies of the documents to be forwarded to the separation authority to
support this recommendation are attached.

2. My reasons for this action are:

a. On 8 Nov 01, you received an Article 15. See Attached Article 15 for complete details.
(Atch 1)

b. On 16 Feb 01, you received an Article 15. See Attached Article 15 for complete details.
(Atch 1)

c. On 2 Nov 00, you received an Article 15. See Attached Article 15 for complete details.
(Atch 1)

3. The commander exercising SPCM jurisdiction or a higher authority will decide whether
you will be discharged or retained in the Air Force and, if you are discharged, how your service
will be characterized. If you are discharged, you will be ineligible for reenlistment in the Air
Force. Special pay, bonuses, or education assistance funds may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.

Thave-made an appointment for you to consul aaa at building 20200, ext. 6-
5554, on at hours. You may consult civilian counsel at your own
expense.

5. You have the right to submit statements on your own behalf. Any statements you want the
separation authority to consider must reach me within 3 workdays from today 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 to submit statements on your own behalf, your failure will
constitute a waiver of your right to do so.
- 0 2002~ OW O

7. You will complete a medical examination at the 377th Medical Group on at

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 your unit orderly room.

 

Attachments:
1. Supporting Documentation
2. Other Derogatory Data