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, AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

     
  

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   
      

  

 

   

 

 

 

 
 

 

 

 

 

 

  

 

 

, | NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION 7 ADDRESS AND OR ORGANIZATION OF COUNSEL
ae “OCTHE BOARD. Le, ae
oe | YOTE OF THE BOARD Ve a
MEMBER SITTING GEN | UoTHC | OTIER | DENY
— — —
ees, x
1 1 —
as x
I
A x
- —--
x
——T-
x
ISSUES INDEX NUMBER
1_| ORDER APPOINTING THE BOARD
A95.00 A69.00 2_| APPLICATION FOR REVIEW OF DISCHARGE
3_| LETTER OF NOTIFICATION
4 |_BRIEF OF PERSONNEL FILE
| [COUNSEL'S RELEASE TO THE BOARD
HFARING DATE CASE NUMBER ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
19 Aug 2003 FD-2003-00276 PERSONAL APPEARANCE

   
 
 

 

 

 

tee a 7 me a ee CRG UES ES SSG 1 oA

Case heard at Washington, D.C.

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

 

 

 

 

  

 

 

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
= AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, 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 FD-2003-00276

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was unable to identify any that would justify a
change of discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity on which to base an upgrade of discharge. The records indicated the applicant received four
Letters of Reprimand for being late for work, consuming alcoholic beverages underage, driving while
intoxicated and for failing to obey a direct order not to consume alcoholic beverages. He also refused to
participate in an alcoholic rehabilitation program. The DRB opined that through these administrative
actions, the applicant had ample opportunities to change his negative behavior. The 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 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
FD2003-00276
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ata:_ (Former AlC) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 30 Aug 02 UP AFI 36-
3208, para 5.32 (Alcoholic Rehabilitation Failure). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 7 Nov 80. Enlmt Age: 19 8/12. Disch Age: 22 9/12. Educ: HS DIPL.
AFQOT: N/A. A-54, E-61, G-57, M-80. PAFSC: 3E731 - Fire Protection Apprentice.
DAS: 11 Feb 01.

b. Prior Sv: (1) AFRes 14 Jul 00 - 23 Aug 00 (1 month 10 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 24 Aug 00 for 4 yrs. Svd: 2 Yrs 0 Mo 7 Das, all AMS.

b. Grade Status: AIC - 24 Dec OL
AMN - 24 Feb 01

c. Time Lost: None.

d. Art 15's: None.

e. Additional: LOR, 01 AUG 02 - Failing to obey a direct order not to

consume alcoholic beverages.

LOR, O01 JUL 02 - Driving while intoxicated.
LOR, 29 AUG 01 - Consuming alcoholic beverages underage.
LOR, 31 JUL O1 - Late for work.

£. CM: None.

gq. Record of SV: 24 Aug 00 - 23 Apr 02 Whiteman AFB 3 (Initial)

(Discharged from Whiteman AFB)
h. Awards & Decs: AFAM, AFTR, NDSM, AFOUA.

i. Stmt of Sv: TMS: (2) Yrs (1) Mos (17) Das
TAMS: (2) Yrs (0) Mos (7) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 4 Jun 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.
FD2003-00276

ATCH
None.

8JULO2/ia
Fpzeo3 - 00876

DEPARTMENT OF THE AIR FORCE
5097" CIVIL ENGINEER SQUADRON (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

 

MEMORANDUM FOR Ca,

FROM: 509 CES/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for failure in alcohol
abuse treatment. The authorities for this action are AFPD 36-32 and AFI 36-3208, paragraph
5.32. If my recommendation is approved your service may be characterized as honorable or
under honorable conditions (general). I am recommending that your service be characterized as
under honorable conditions (general).

2. My reason for this action is:

On 18 July 02, you were referred to the Abuse Prevention and Treatment (ADAPT)
Program and were given a diagnosis of alcohol abuse. It was made clear to you that this
is a command directed program and you were informed of the consequences of failure to
complete treatment. On 7 Aug 02 you willfully refused treatment recommendations.
Your refusal and unwillingness to cooperate with the counselor’s recommendations
constitutes failure in alcohol abuse treatment under AFI 36-3208 paragraph 5.32.1.2.

3. The following significant instances of misconduct outweigh any positive aspects of your
military record and are additional factors in my decision to recommend an under honorable
conditions (general) discharge.

a. On 17 July 02, you were given a direct order from MSgt Seo not consume any
alcohol. You willfully ignored this order by consuming alcoholic beverages on the
evening of 18 July 02. For this misconduct, you received an LOR date 1 Aug 02.

b. On or about 23 Jun 02, you were observed running a stop sign by an officer of the
Warrensburg Police Department. The officer then pulled you over and conducted
several sobriety tests along with a preliminary breath test, which confirmed the
presence of alcohol. For this misconduct, you received an LOR dated 1 July 02.

c. On 23 Aug G1, you admitted to consuming alcohol while underage. For this
misconduct, you received an LOR dated 29 Aug 01.

d. On 28 July 01, you reported late to your appointed place cf duty. For this
misconduct, you received an LOR dated 3! July 01.

Global Power for America
EFDp2003 - 20276

4, Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising Special Court-Martial convening
authority 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 and any special pay, bonus, or education
assistance funds may be subject to recoupment.

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

have made an appointment for you to consult Captain iain Bldg 509 on
at . You may also consult civilian counsel at your own expense.

6. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 47 AUGOd. lp 73@ unless you request
and receive an extension for good cause shown. I will forward your statements to the separation
authority.

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

8. You have been scheduled for a medical examination. You must report to Physical Exams at

0845 __ on 29 Aang o for the examination.

9, 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’s Orderly Room.

10. Execute the attached acknowledgment and return it to me immediately.

 

Lt Col, USAF

Commander

Attachments: ;

1.Supporting documents --for the reason for discharge
Memorandum from MDOS/SGOMH,, dated 7 Aug 02
LOR dated 1 Aug 02

LOR dated 1 July 02

LOR date 29 Aug 01

LOR dated 31 July 01

Paes

2. Documents containing derogatory information --which are not listed in the notification
memorandum: None

3. Airman’s receipt of notification memorandum, dated ag AiG02,