AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tt
| NAME. OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE x RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC | OTHER | DENY
ap x
, rr X
iy x
hy x
Fl x
ISSUES A93.23 INDEX NUMBER A69.00
A01.13 1 | ORDER APPOINTING THE BOARD
A01.39 2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
HEARING DATE CASE NUMBER ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
19 Nov 2003 FD-2003-00394 ER ONAL EGE AANCE
TAPE RECORDING OF PERSONAL APPERANCE

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SIGNATURE OF RE
TO: FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET E40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, 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

GENERAL: The applicant appeals to upgrade the 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 the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

Issues. The applicant received a general discharge for failure in the alcohol rehabilitation program. In July
1996, member began an alcohol rehabilitation out-patient treatment program and participated until April
1997. He was diagnosed alcohol dependent due to a pattern of excessive alcoho! consumption, suffering
from blackouts, and financial and job-related problems. While in the follow-on aftercare program, at some
point, member became critical of the program and became unwilling to cooperate. Additionally, member
had an Article 15 for making a false official statement to a military police officer, and a vacation of his
suspended reduction for two incidents of failure to go. For these reasons his discharge was characterized as
general (under honorable conditions) rather than honorable. At the time of the discharge, member consulted
counsel and submitted a statement agreeing with the discharge action but criticizing the treatment program
and requesting his service be characterized as honorable. The record also disclosed that before entering the
military, member had a disorderly conduct conviction for which he paid a fine and restitution. The Board
opined that through the unit’s rehabilitative actions, member was given ample opportunity to change his
behavior. He knew she would be watched closely and any failure to participate in the program would be
used as justification for discharge. Applicant now contends his rehab failure was due to a personality
conflict, and that the military psychologist misdiagnosed him. He further claims his defense counsel had
inadequate time to properly review his case and represent him. The Board could find no evidence in the
records to substantiate these contentions and finds them without merit. The Board felt that member’s
failure to adhere to the requirements of his treatment program was a significant departure from the conduct
expected of him, and absent documented evidence from the applicant to the contrary, the Board relied on
the presumption of regularity and finds the discharge proper.

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 to
change the reason or authority for the discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2003-00394

 

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 5 Jun 97 UP AFI 36-3208,
para 5.32 (Failure in Alcohol Abuse Treatment). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 29 Nov 75. Enlmt Age: 17 11/12. Disch Agé: 21 6/12. Educ:HS DIPL.
AFOT: N/A. A-50, E-82, G-80, M-67. PAFSC: 4N031 - Medical Service Apprentice.
DAS: 13 Jul 95.

b. Prior Sv: (1) AFRes 24 Nov 93 - 15 Nov 94 (11 Months 23 Days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enld as AB 16 Nov 94 for 4 yrs. Svd: 2 Yrs 6 Mos 21 Das, all AMS.

b. Grade Status: AB - 3 Feb 97 (Vacation of Article 15, 7 Apr 97)
Alc - 16 Mar 96
AMN - Unknown

c. Time Lost: None.

d. Art 15’s: (1) 7 Apr 97, Vacation, Ramstein AB, GE - Article 86. You
did, on or about 17 Mar 97 and on or about 24 Mar 97,
without authority fail to go at the time prescribed to
your place of duty. Reduction to AB. (No appeal) (No
mitigation)

(2) 3 Feb 97, Ramstein AB, GE - Article 107. You did, on
or about 20 Jan 97, with intent to deceive make to

Specialist iii 5698 US Forces Police Flight,
an official statement, to wit: "The accident occured

when I was travelling eastbound toward Landstuhl Post
and was proceeding around a curve. Another vehicle was
coming in the opposite direction and was traveling
toward the middle of the road", or words to that effect,
which statement was false in that the accident did not
occur at the described location and a vehicle was not
approaching in the opposite direction, and was then
known by you to be so false. Suspended reduction to AB,
and a reprimand. (No appeal) (No mitigation)

e. Additional: None.

£. CM: None.
a

FD2003-00394

g. Record of SV: 16 Nov 94 - 28 Jun 96 Ramstein AB 4 (CRO)
(Discharged from McGuire AFB)
h. Awards & Decs: AFTR, NDSM, AFOLTR.

i. Stmt of Sv: TMS: (3) Yrs (6) Mos (14) Das
TAMS: (2) Yrs (6) Mos (21) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 8 Aug 03.
(Change Discharge to Honorable)

Issue 1: I volunteered for the SART program and was almost complete at the
time of my discharge. Due to personality conflicts which I had no control over,
I was failed from the program within a month of completion. I had followed all
orders and directives up to that point, and had only infringed on the O.I. at
two times in one year, well below the average number of incidents of others in
my support group.

Issue 2: My Area Defense Counsel advised me I should be happy, that my
dischage was just as good as an Honorable, and he did not have the time to look
at my case. Effectivly (sic) eliminating my ability to try and fight the
discharge.

Issue 3: At no point in time was I ever charged or convicted of an alcohol
related offense to include Disorderly conduct, Public intoxication, DWI, DUI,
Arriving to duty intoxicated, or any other violation of Article 112 of the UCMJ.

Issue 4: I did receive and (sic) article 15 for an unrelated offense,
however the event in question I realized what I had did (sic) was wrong and
admitted to my crime, because it was the right and honorable thing to do.

Issue 5: I was grossly misdiagnosed by the military psychologist in charge
of my case, and not given the opportunity to a second opinion or further
psychological treatment other than the alcohol treatment program.

ATCH
None.

12 Sep 03/cr
Lee Le [FO?2COS— OC 3 74

DEPARTMENT OF THE AIR FORCE
86TH AIRLIFT WING (USAFE)

 

bray V7
‘|

MEMORANDUM FOR Alf

 

FROM: 86 ASF/CC
SUBJECT: Notification Memorandum

1. [am recommending your discharge from the United States Air Force for failure -
in alcohol abuse treatment. The authority is AFPD 36-32 and AFI 36-3208, Section
F, paragraph 5.32. If my recommendation is approved, your service will be
characterized as honorable or general. I am recommending that your service be
characterized as general.

2. My reasons for this action are that you did, on or about 30 Apr 97, fail to
successfully complete the Substance Abuse Reorientation and Treatment (SART)

Program due to your unwillingness to cooperate. For this failure, you were placed
in Track 5 of the SART Program (Atch la & 1b) and this discharge was initiated.

3. Copies of the documents to be forwarded to the separation authority in support
of this recommendation are attached. The commander exercising Special Court
Martial jurisdiction, or a higher authority, will decide whether you will be
discharged or retained in the United States 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 United States Air Force, and any special pay, bonus, or
education assistance funds you have received 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 with a a
Area Defense Counsel, Building 2111, DSN 480-2182/2492 on 7 May 97 at 0900.
You may consult civilian counsel at your own expense. The Area Defense Counsel
requests that you stop by their office prior to your appointment to pick-up the
Administrative Discharge Booklet.

 

5. You have the right to submit statements on your behalf. Any statements you
want the separation authority to consider must reach me NLT (3 duty days)

a, La at /70¢ hours unless you request and receive an extension for good
cause shown. I will send them to the separation authority.

 

U.S. AIR FORCE —

4947-1997
| 2200 z- Oo 894

6. If you fail to consult counsel or 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 in uniform
with your medical records and an escort to the Ramstein Air Base Clinic, Physical
Exams, Building 2182 on 8 May 97 at 0730 for the examination. If you wear
glasses, you must bring them with you. If you wear contacts, you must be able to
remove them. You must abstain from alcohol 72 hours, fast 12 hours, and abstain

from caffeine and nicotine 10 hours prior to your appointment.

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 the orderly room.

 

Attachments:

1. Supporting Documents
a. AF Form 2731, SART Program Disposition, dated 30 Apr 97

b. Memorandum from ee dated 30 Apr 97

2. Other Derogatory Information
a. AF Form 366, dated 7 Apr 97 w/atchs
b. AF Form 3070, dated 3 Feb 97 w/atchs
c. LOR, dated 1 Jul 96 w/atchs

3. Airman’s Receipt of Notification Memorandum