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I NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

(  GRADE 

I  AFSNISSAN 

MEMBER SITTING 

1  ORDER APPOINTING THE BOARD 

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2  1  APPLICATION FOR REVIEW OF DISCHARGE 
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LETTER OF NOTIFICATION 
BFUEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMlTTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

Case heard at Washington, D.C. 

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. 

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

1 

FROM: 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
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 WVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00539 

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

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

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

Issue 1.  Applicant was discharged  for minor disciplinary infractions.  The records indicated the applicant 
received an Article  15, six Letters of Reprimand, a Letter of Counseling, and had an Unfavorable 
Information File for misconduct.  His infractions included multiple incidents of failure to go, failure to obey 
orders, driving under the influence of alcohol while intoxicated (DUI), using profanity and obscene gestures 
toward government contractors in the performance of their duties, failing to follow technical order data, and 
driving on base while under revocation.  Applicant does not deny these incidents and attributes them to 
stupidity.  Additionally, the member was diagnosed with an adjustment disorder as well as alcohol abuse, 
and underwent an in-patient rehabilitation program; he had his DUI just  8 months after completing the 
program.  And his final failure to go, 6 months after the DUI, was for not showing up for one of his Alcohol 
and Drug Abuse Program Treatment (ADAPT) appointments.  The DRB opined that through the unit's many 
administrative actions, the applicant had  ample opportunities to change his negative behavior and was 
unwilling or unable to do so.  The Board concluded the misconduct was a significant departure from conduct 
expected of all military members and the characterization of applicant's discharge was appropriate. 

Issue 2 applies to the applicant's  post-service activities.  The DRB was pleased to see that the applicant was 
doing well and has a good job.  However, this does not suggest an inequity or impropriety in his discharge 
and does not offer a basis on which to warrant an upgrade.  The Board concluded the applicant's  misconduct 
appropriately characterized his term of service. 

Issue 3.  The applicant cited his desire to return to military service.  While the Board was sympathetic to the 
impact applicant's  discharge has had on this aspiration, it is not a matter of inequity or impropriety which 
would warrant an upgrade either. 

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 APB, MD 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER RgVIEW:  Appl rec'd  a GEN Disch fr USAF 3 Jul 02 UP AFI 36-3208, 
para 5.49 (Misconduct -  Minor Disciplinary Infractions) .  Appeals for Honorable 
Discharge, to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 21 Jan 81. Enlmt Age: 18 11/12.  Disch Age: 21 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-46,  E-50,  G-42,  M-68. PAFSC: 2A333B -  Tactical Aircraft 
Maintenance Apprentice. DAS: 29 Nov 00. 

b.  Prior Sv: (1) AFRes 18 Jan 00 -  29 Mar 00  (2 months 12 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  30 Mar 00 for 6 yrs. Svd: 2 Yrs 3 Mo 4 Das, all AMS. 

b.  Grade Status:  AMN -  20 DEC 01 (Article 15, 20 Dec 01) 

A1C -  12 May 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 20 Dec 01, Shaw AFB, SC -  Article 92.  You, having 

ge of a lawful order issued by 
to not operate a motor vehicl 

an order which it was your duty to obey, did, on or 
about 3 Dec 01, fail to obey the same by wrongfully 
operating a motor vehicle on Shaw AFB.  Article 134. 
You, were, on or about 3 Dec 01, disorderly which 
conduct was of a nature to bring discredit upon the 
armed forces.  Reduction to Airman, 30 days extra duty 
and a reprimand. (No appeal) (No mitigation) 

e.  Additional: LOR, 16 MAY 02 -  Failure to attend a mandatory appointment. 

LOR, 18 APR 02 -  Late for work. 
LOR, 16 JAN 02 -  Dereliction of duty. 
LOR, 03 DEC 01 -  Driving under the influence of alcohol. 
LOR, 26 OCT 01 -  Failure to go. 
RIC, 27 APR 01 -  Failure to Obey a direct order. 
LOR, 20 FEB 01 -  Failure to report a vehicle accident. 

f.  CM:  None. 

g.  Record of SV: 29 Nov 00 -  17 Sep 00  Shaw AFB  5  (CRO) 

(Discharged from Shaw AFB) 

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

i.  Stmt of Sv:  TMS: (2) Yrs  ( 5 )   Mos  (16) Das 

TAMS:  (2) Yrs  (3) Mos  ( 4 )   Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 22 Nove 03. 

(Change Discharge to Honorable, Change the RE Code, Reason and Authority for 

Discharge) 

Issue 1:  I 
getting reactiv 
able to do is serve my country proudly like I started to do, but failed because 
of my stupidity. 

eep on hearing and reading news about the draft 
ecruitment shortage being so low.  All I want to be 

I've been working full time and going to school to achieve my A&P  certification 
which I am almost finished with. 

I seem to find friends almost anywhere that I go, I'm not sure why though  (sic) 
Elementary and High School I was always picked on and called names. 

When ever the terrorist hit the Trade Center I was getting my  ( F 1 6 )   ready for 
war simulated exercise.  I felt at that moment of my military life I was 
accomplishing something that was of meaning.  So if I could have an honorable 
discharge and a chance to reenlist that would be the most gratified moment in my 
life to have the chance to serve my country and make everyone proud.  Thank you. 

ATCH 
1. Enlisted Performance Report 
2. College Transcript. 

urr~cial Lenerneaa Ior me Lutn,::ignter  wlng 

F 

T W ~ - ~ - G W  

i 

rage s or o 

MEMORANDUM F 

FROM:  78 FSICC 

SUBJECT: Notification Memorandum 

1 2  JUN  2002 

1.  I am recommending your discharge from the United States Air Forcc for misconduct -minor  disciplinary 
infractions, and for conditions that interfere with military service - mental disorders.  The authority for this action 
is AFPD 36-32, Militaly Retirements and Separations, and AFI 36-3208, Administrative Separation ofAirmen, 
Chapter 5, sections H and B, paragraphs 5.49 and 5.1 1.1.  If my recommendation is approved, your discharge will 
be characterized as honorable or general.  I recommend your discharge be characterized as general. 

2.  The primary reason for this discharge is misconduct: 

a.  On or about 1 May 02, you failed to go to a mandatory appointment.  For this act of misconduct, you 

received a letter of reprimand (LOR), dated 16 May 02. 

b.  On or about 17 Apr 02, you failed to go at the time prescribed to your appointed place of duty.  For 

this misconduct you received an LOR, dated 18 Apr 02. 

c.  On or about 15 Jan 02, you failed to properly follow technical data by disregarding all policies 

concerning foreign object damage.  For this act of misconduct, you received an LOR, dated 16 Jan 02. 

d.  On or about 3 Dec 01, you used profanity toward contracted workers as their van was parked in front 

of the dorms, temporarily blocking the entrance.  As the owner of the van came to move the vehicle you again 
used profanity, squealed tires, and raised your engine scaring the owner of the van.  For this act of misconduct, 
you received Article 15 nonjudicial punishment action on 12 Dec 01.  Punishment consisted of a reduction to the 
grade of Airman, 30 days extra duty, and a reprimand. 

e.  On or about 17 Nov 01, you drove a vehicle while under the influence of alcohol.  For this act of 

misconduct, you received an LOR, dated 3 Dec 01. 

f.  On or about 25 Oct 01, you failed to report for your mandatory supervised study session.  For this act of 

misconduct, you received an LOR, dated 26 Oct 01. 

g.  On or about 4 Dec 00, you failed to report an accident of which you were involved in.  Specifically, 
you backed into another vehicle in the dormitory parking lot.  For this act of misconduct, you received an LOR, 
dated 20 Feb 0 1. 

The documents listed above are attached at Tab 4. 

3.  In addition to the above reasons for hscharge, your file also reflects a letter of counseling (LOC), dated 27 Apr 
01, which documents you failing to obey a direct order.  An MFR, dated 3 1 May 02 from Security Forces, 
documents destruction of government property.  These documents are attached at Tab 4. 

4.  My secondary reason for this action, is that on or about 3 May 02, you were diagnosed with a combined type 
of Adjustment Disorder with Disturbance of Conduct and Antisocial Traits.  A memorandum for record (MFR), 
from Shaw AFB Alcohol Drug Addiction Prevention and Treatment (ADAPT) clinic, dated 3 May 02, reveals the 
following diagnosis: 

Axis I:  305.00 Alcohol Abuse 

.  Official Letterhead  for the 20th.Fighter Wing 

i 

309.3 Adjustment Disorder with Disturbance of Conduct 

Axis 11:  V7 1.09 No Diagnosis, Antisocial Traits 
Axis 111:  None Reported 

The MFR also states that you have the mental capacity to understand the nature and probable consequences of all 
your acts, are able to distinguish between right and wrong, and are able to understand the nature of any 
proceedings against you.  This document is attached at Tab 4b. 

5.  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 Au Force and, if you are discharged, how your service will be 
characterized.  If you are discharged, you will be ineligble for reenlistment in the Air Force and will probably not 
be allowed to enlist in any other branch of the armed forces. 

6.  You have the right to cons 
appointment for you to consul 
on fi Jun 02, at m h o u r s .  

gal counsel has been obtained to assist you.  I have made an 

Defense Counsel, 895-9530, 
counsel at your own expense. 

7.  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 days after receipt of the notification memorandum, unless you request and  . 
receive an extension for good cause shown.  I will send them to the separation authority. 

1' 

. 

8.  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. 

9.  You must report to the Shaw AFB Hospital, Physical Examinations Section, between the hours of  1100 - 
1300, Mon - Thurs, for a medical examination. 

' 

10.  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. 

11.  The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus monies 
which you received, if any, if you separate before completing the period of active duty you agreed to serve.  This 
recoupment applies whether you voluntarily separate or are involuntarily separated.  Recoupment will apply 
regardless of the basis for involuntary discharge, unless the reason is homosexual conduct.  The recoupment in all 
cases is an amount that bears the same ratio to the total cost provided to you as the unserved portion of active duty 
bears to the total period of active duty you agreed to serve.  If you dispute that you are indebted for educational 
assistance, a board or other authority will make findings and recommendations concerning the validity of the 
indebtedness. 

12.  Execute the attached acknowledgment, and return it to me immediately. 

! 

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.  Official Letterhead for the 20thr Fighter Wing 

Page 5 of 6 

11 Attachments: 
1.  LOR, dated 16 May 02 (Tab 4) 
2.  LOR, dated 18 Apr 02 (Tab 4) 
3.  LOR, dated 16 Jan 02 (Tab 4) 
4.  AF Form 3070, dated 20 Dec 01 (Tab 4) 
5.  LOR, dated 3 Dec 01 (Tab 4) 
6.  LOR, dated 26 Oct 01 (Tab 4) 
7.  LOR, dated 20 Feb 01 (Tab 4) 
8.  MFR, dated 3 1 May 02 (Tab 4a) 
9.  LOC, dated 27 Apr 01 (Tab 4a) 
10.  Mental Health Report, dated 3 May 02 (Tab 4b) 
1 1.  Respondent's Receipt of Notification (Tab 5)