- 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

A  I 

I 
- 1  NAME O F  COUNSEL AND OR ORGANUATION 

PERSONAL APPEARANCE 

I 

TYPE 

COmSEL 

L 

MEMBER SITTING 

ISSUES 

I  INDEX NIIMRER 

HEARING DATE 
21 Aug 2003 

CASE NUMBER 

I 

I  X 
)  ADDRESS AND OR ORGANIZATION O F  COUNSEL 

RECORD REVIEW 

I 

I 

I 

I 

1 
2 
I  3 
4 

I 

I 

I 

, , EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOPJTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  I  APPLICANT'S ISSUE AND W BOARD'S  DECISIONAL RUIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REI'IEW  BOARD DECISIONAL RATIONALE 

TAPE RECORDING OF PERSONAL APPERANCE 

(  Case heard at Washington, D.C. 

1 

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

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

FROM: 

SECRETARY O F  THE AIR FORCE PERSONNEL COllNClL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WMG, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD~2003-00290 

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. 

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 in this case on which to base an upgrade of discharge.  The records  indicated  applicant  received a 
General Discharge via a Summary Court Martial for wrongfully communicating a threat to kill someone and 
for being drunk and disorderly.  The member was diagnosed with an alcohol problem; however, he disagreed 
with his diagnosis of alcoholism and did not feel that he needed treatment.  He refused to participate  in the 
ADAPT  (Alcohol  and  Drug  Abuse  Prevention  and  Treatment)  program.  The  record  also  indicates  the 
applicant had a history of alcohol related incidents.  He was enrolled in a substance abuse seminar in August 
of 2001.  The record also shows the applicant signed a letter of declination for the ADAPT program, though 
a copy  of that  letter  is  not  in  the record.  However,  a  letter from  the  ADAPT Program  Manager  clearly 
indicates the  applicant  declined  treatment.  "Member  declared  his  intent  at  this  point  to  formally  decline 
treatment.  Member  signed  a  treatment  declination  statement  after  discussing  the  actions  required  of  the 
ADAPT  program."  The  Program  Manager  further  states,  "the  member  should  be  considered  for 
administrative separation for not maintaining standards." 

The DRB opined that through these administrative actions, the applicant had ample opportunities to change 
his  negativelrepetitive  behavior.  The  Board  concluded  the  disciplinary  infractions  were  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 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 25 Jun 02 UP AFI 36- 
3208, para 5.32 (Failure in Alcohol Abuse Treatment) .  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 2 Dec 80.  Enlmt Age: 19 6/12.  Disch Age: 21 6/12. Educ:HS DIPL. 
AFQT: N/A.  A-79,  E-72,  G-68,  M-56. PAFSC: 2A137 -  Electronic Warfare Systems 
Apprentice. DAS: 16 May 01. 

b.  Prior Sv: (1) AFRes 30 Jun 00 -  1 Aug 00  (1 Month 2 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 2 Aug 00 for 6 yrs. Svd: 1 Yr 10 Mos 24 Das, of which AMS is 

1 Yr 9 Mos 29 Das  (Ex: 25 Das) 

b.  Grade Status:  AB -  4 Apr 02 (Summary Court Martial, 25 Feb 02) 

A1C -  15 Sep 00 

c.  Time ~ o s t :  25 Feb 02 -  21 Mar 02 (25 Days) 

d.  Art 15's:  None. 

e.  Additional: None. 

f.  CM:  Summary Court Martial, 25 Feb 02. 

CHARGE:  Article 134.  Plea:  Guilty.  Finding:  Guilty. 

Specification 1:  Did, at or near Misawa Air Base, Japan, on or 
about 1 Jan 02, wrongfully communicate to Petty Officer Second 
class-a 
threat, to wit:  "I'm going to fucking 
kill you . . .  I am going to shoot you," or words to that effect. 

Specification 2:  Was, at or near Misawa Air Base, Japan, on or 
about 1 Jan 02, drunk and disorderly which conduct was of a nature 
to bring  discredit upon the armed forces.  Reduction to AB, and 
30 days confinement.  Sentence approved by convening authority, 
7 Mar 02. 

g.  Record of SV: 2 Aug 00 -  2 Apr 02  Misawa AB  2  (Initial) REF 

(Discharged from Misawa AB) 

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

i.  Stmt of Sv:  TMS:  (1) Yrs  (11) Mos  (2) Das 
TAMS: (1) Yrs  (9) Mos  (29) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 16 Jun 03. 

(Change  isc charge  to Honorable) 

NO ISSUES SUBMITTED 

ATCH 
1. Medical Statement. 
2. Applicant's Statement. 

18 Jul 03/cr 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR  FORCES 

MEMORANDUM FOR A

FROM:  35 MXSICC 

SUBJECT:  Notification Memorandum 

B

35 MXS 

~

1.  I am recommending your discharge from the United States Air Force for Substance Abuse 
Treatment Failure - Failure in Alcohol Abuse Treatment in accordance with AFPD 36-32, 
Military Retirements and Separations, and AFI 36-3208, Administrative Separation of  Airmen, 
under the provisions of paragraph 5.32.  If my recommendation  is approved, your service will be 
characterized as honorable or under honorable conditions (general).  I am recommending that 
your service be characterized as general. 

2.  My reason for this action is that on 23 Jan 02, you were diagnosed by Capt 
----.YYT-^-LICIC) 35 MDOSISGCIH, with Axis I:  Alcohol Abuse Episodic [305.02], R/O Alcohol 
Dependence [303.90], and Axis V:  GAF=65.(*=  s\ht2) . 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  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, and any special pay, bonus, or education assistance hnds may 
be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult captain-the 
Area Defense Counsel, at 
Building 514, on  39 
hours.  You may consult civilian counsel at 
your own expense. 

,2002, at  1360 

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 your receipt of this 
Notification Memorandum, unless you request and receive an extension for good cause.  I will 
forward them to the separation authority. 

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

7.  You have been scheduled for a medical examination.  You must report to the 35th Medical 
Group, on  31  HAY 

,2002, at  I430  hours.  If you wear glasses, you must bring your 

glasses to the examination.  If you wear contacts, you must remove them the night before the 
examination. 

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 at the Office of the Area Defense Counsel, 
Building 514, your orderly room, or the Base Publications Library. 

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

i 

Date  29 flh 02 

Attachments: 
1.  Airman's  Receipt of Notification 
2.  Statement of Medical Condition, dated 8 May 02 
3.  Commander's  Report of Disciplinary Action, dated 2 May 02