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AF | DRB | CY2003 | FD2002-0476
Original file (FD2002-0476.pdf) Auto-classification: Denied
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (IAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSN/SSAN 

TYPE 

SRA 

MEMBERS SITTING 

HEARING DATE 
03-05-07 

CASE NUMBER 
FD2002-0476 

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2  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 
I TAPE RECORDh'G  OF PERSONAL APPERANCE HEARING 

I 

Case heard at Washington, D.C. 

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

1 U. 

SMIMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781504742 

FROM: 

AFHQ FORM 0-20'77, JAN 00 

(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNClL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WTNG, 3*  FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARn DECISIONAL RATIONALE 

CASE NUMBER 

FD20,32-047,5 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge to  honorable,  to  change  the  reason  and 
authority for his discharge, and to change his reenlistment code. 

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,  change  of  reason  and  authority  for  the  discharge, and  change  of 
reenlistment code are denied. 

The Board finds that neither the evidence of record nor that provided by applicant substantiates an inequity 
or impropriety that would justify a change of discharge. 

Issues.  Applicant was  discharged for misconduct, minor disciplinary infractions.  He had  two Letters of 
Reprimand (LOR), a Record of Individual Counseling, a traffic ticket for speeding, and another memo for 
record documenting delinquency on his Deferred Payment Plan account.  He had two Enlisted Performance 
Reports, one rated an overall referral "3."  His misconduct included being late for work at least four times, 
sleeping on duty  at least three  times, once during an exercise, towing an excessive amount of aerospace 
ground equipment during an exercise, and being arrested by civilian law enforcement authorities for driving 
under the influence of alcohol with a blood alcohol content of at least .14.  These infractions occurred over 
an  18-month period  of time.  Member was  counseled  by  his unit  several times in  an effort to  help him 
correct his deficiencies and had  many opportunities to improve his behavior.  IJe failed to respond to those 
rehabilitative efforts,  so he  was held  accountable for his actions.  Additionally, member had  a history of 
mental  health  visits,  hospitalization for  suicidal  ideation, and  was  diagnosed  alcohol  dependent.  On  a 
previous enlistment he had had at least two other alcohol-related incidents of misconduct and had been put 
on the Control Roster and into the Substance Abuse Rehabilitation Program as a result.  There were also 
indications  member  had  been  on  the  Weight  Management  Program  at  one  time.  At  the  time  of  the 
discharge, applicant submitted a statement in his own behalf requesting an honorable discharge.  The Board 
noted that when his misconduct occurred, member was the same age as other airmen who had  adhered to 
the standards, and in spite of the unit's  efforts to help member correct his deficiencies, he was not motivated 
enough to conform to  standards and his misconduct continued.  No  inequity or impropriety was found in 
this 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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHllRGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA)  (HGH SRA) 

1.  MATTER VNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 22 Jun 00 UP AFI 36- 
3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, and Change to Reentry Code, Reason and Authority. 

2 .   BACKGROUND: 

a. DOB: 1 Feb 76.  Enlmt Age: 18 4/12.  Disch Age: 24 4/12. Educ: HS DIPL, 
AFQT: N/A.  A-54,  E-57,  G-52,  M-55. PAFSC: 2A652 - Aerospace Ground Equipment. 
DAS: 11 Mar 95. 

b.  Prior Sv:  (1) AFRes 28 Jun 94 -  17 Aug 94 (1 Month 21 Daysl(1nactive). 

all AMS.  AMN -  18 FEB 95.  A1C -  18 DEC 95.  SRA -  18 AUG 97.  EPRs:  4,5,4. 

(2) Enld as AB  18 Aug  94 for 4 yrs.  Svd:  3 Yrs 9 Mos 1 Das, 

3.  SERVICE UNDER REVIEW: 

a.  Reenld as SRA  18 May 98 for 4 yrs. Svd: 2 Yrs 1 Mo 5 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 12 MAY 00 -  Sleeping during exercise. 

R I C ,   12 APR 00 - Late for work. 
MEMO, 9 JUL 99 - Delinquent DPP account. 
LOR, 13 JAN 99 - Arrested for DUI. 
TRAFFIC TICKET, 16 NOV 98 -  Speeding. 

f.  CM:  None. 
g.  Record of SV: 18 Apr 98 -  17 Apr 99  Mountain Home AFB  3  (Annua1)REF 

18 Apr 99 -  31 Mar 00  Mountain Home AFB  4 (CRO) 

I 

(Discharged from Mountain Home AFB) 

h.  Awards &  Decs:  AFLSA, AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS: (5) Yrs  (11) Mos  (25) Das 
TAMS:  (5) Yrs  (10) Mos  (5) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Jun 02. 

(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and 

Authority) 

Issue:  I would like to enlist  into the Air National Guard, I'm unable to do 

so with current discharge status. 

ATCH 
I. Nominations, Awards and Certificates. 
2. Employment  Evaluations and Certificates. 
3. Resume. 
4. Congressional Inquiry. 
5. Completion of ADAPT Program. 

DEPARTMENT OF 'THE AIR FORCE 

MOUNTAIN HOME AFB, IDAHO 83848-5200 

HEADQUARTERS 366fH WING (ACC) 

386 GUNFIGHTER AVE. STE 432 

- >  

- 

- 

----- 

, 

FROM:  366 EMSICC 

SUBJECT: Notification Memorandum 

1.  I  am  recommending  your  discharge  from  the  United  States  Air  Force  for  Minor 
Disciplinary  Infractions.  The authority for  this  action  is AFPD  36-32  and  AFI  36-3208, 
paragraph  5.49.  If  my  recommendation is approved, your  service can be  characterized as 
honorable, general, or under other than honorable conditions (UOTHC).  I am recommending 
your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about  1 May 00, you were derelict in the performance of your duties when you 
were observed sleeping during SHARPSHOOTER 00-02 exercise.  You failed to respond to 
the alarms being generated and failed to put on your proper protective gear.  This resulted in 
you receiving a "dumb  kill".  As a result, you received a Letter of Reprimand (LOR) on  12 
May 00.  (Tab 1, Atch 1). 

b.  On  or  about  12 Apr  00,  you  failed to  go  to  your  appointed place  of duty  at  your 
scheduled time.  This was  the second  failure to  go  in a 2 week  period.  As  a result, you 
received a Letter of Counseling (LOC) on 12 Apr 00.  (Tab 1, Atch 2). 

c. On or about 2 Jun 99 your First Sergeant received a notice fiom the Army  Air Force 
Exchange Service (AAFES) stating the your Deferred Payment Plan @PP)  was delinquent in 
the amount of $30.00.  As a result, you received a counseling memorandum from your First 
Sergeant on 9 Jul99.  (Tab 1, Atch 3). 

d. On or about 9 Jan 99, you were arrested by Owyhee County Sheriffs Deputy for driving 
under the influence of alcohol in Grandview, Idaho.  As a result, you received a LOR on 13 
Jan 99. (Tab 1, Atch 4). 

e.  On or about 16 Nov 98, you received a IncidentlTraffic Report memorandum from your 
First  Sergeant  for  receiving  a  speeding citation  on  30  Oct  98.  This  memorandum  also 
informed you that you had four points on your driving record.  (Tab 1, Atch 5). 

3.  Copies of the documents to  be  forwarded to the  separation authority in  support  of this 
recommendation are attached.  The commander exercising Special C o w  Martial Jurisdiction 
If  you  are 
will  decide  whether  you  will  be  discharged  or  retained  in  the  Air  Force. 
discharged, he will also determine how your service will be characterized.  If discharged, you 
will be ineligible for reenlistment in the Air Force, and any special pay, bonus, or education 
assistance h d s  may be subject to recoupment. 
9. You have the right to consult counsel.  M-ilitary legal counsel has been obtained to assist 
I  made  an  appointment  for  you  to  consult  with  the  Area  Defense  Counsel  on 
Tou. 
9 =N o 0 
' at  0~3ohours in building 512.  The number is 828-2675.  You may consult 
civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to  consider must  reach  me  within  three workdays  of the  date of  this 
memorandum unless you  request  and  receive  an  extension  for  good  cause  shown.  I will 
forward them to the separation authority. 

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

7.  You  have been  scheduled for a medical examination.  You must report to  the Physical 
Examination Section  at  the  hospital  on  Mountain  Home  AFB. Your  scheduled medical 
at 07'0 0 hours.  You must be in uniform.  If you wear 
examination is on 
glasses, wear them 

8.  Any personal information you  furnish in rebuttal is covered by the Privacy Act of 1974. 
A copy of AFI  36-3208 is available at the Area Defense Counsel's office or your squadron 
orderly room. 

9.  You will surrender your ID card to me immediately.  Proceed with a copy this letter to the 
Military Personnel Flight,  Customer Service, Building  512, Mountain Home AFB  no  later 
than 
where  you  will be  issued a temporary ID card valid  for 90 days.  If the 
discharge action is still pending  at  the  end of 90 days,  another temporary ID card will be 
issued to you until the case is finalized. 

10.  A  copy of this  letter also authorizes you  to proceed  to the  Security Forces, Pass and 
Registration Section, Building 7001,  Visitor  Control Center, no  later than 
where you  will turn  in your Mountain Home AFB  vehicle  sticker and your U S N  vehicle 
decal.  They will issue a temporary permit good for 90 days.  If the discharge action is still 
pending at the end of 90 days, another temporary vehicle decal will be issued to you until the 
case is finalized. 

11. Finally,  proceed  with  a copy of this letter to the Traflc Management Office (TMO),  in 
Building 5 12, immediately after receiving your separation orders from the Separations Section 
at the MPF for arranging shipment of your household goods. 

~ & m a n i t i ; B ~ u ~ m e n t  Maintenance Squadron 

5 Attachments: 
1.  LOR,  12 May 00 
2.  LOC,  12 Apr 00 
3.  Memo, 9 Jul99 
4. LOR,  13 Jan99 
5.  IncidentlTraffic Report Memo,  16 Nov 98 



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