Search Decisions

Decision Text

AF | DRB | CY2004 | FD2004-00024
Original file (FD2004-00024.pdf) Auto-classification: Denied
. 

- <  

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

, 

YAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

I  muNsn j  NAME b F  COUNSEL AND OR ORGANIZATION 

GRADE 

AB 
1 

AFSNfSSAN 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

I 

MEMBER SITTING 

VOTE OF TfiE BOARD 

HON 

I 

GEN 

I  UOTHC 

OTHER 

I  DENY 

ISSUES  A94.05 

INDEX NUMBER 

A69.00 

I 

I  ORDER APPOINTING THE BOARD 

1 
2  1  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 

TAPE RECORDING  OF PERSONAL APPEARANCE 

HEARING DATE 

1  17 Jun 2004 

CASE NUMBER 

I  FD-2004-00024 

I 

APPLICANT'S ISSUE AND T1E  BOARD'S DECISIOYAL RATIONAJ, ARE DISCUSSED ON THE AlTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

I 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR 

I

'

.

,

.

.

,

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

TO: 

-- 

. . 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

FROM: 

DATE:  6/21/2004 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1 
I 

1 

I 

1 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00024 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB, MD on January  17, 2004.  The folloiwnt witness also testified on the applicant's  behalf.  Mr 
RF, applicants father . 

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. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15, a Vacation action on a suspended reduction  in grade under the UCMJ, two 
Letters of Reprimand, and an AF Form 3545 for driving under the  influence  of alcohol.  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.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took  note  of the  applicant's  duty  performance  as documented  by  his  accomplishments. 
They  found  the  seriousness  of  the  willful  misconduct  offset  any  positive  aspects  of  the  applicant's  duty 
performance.  The Board concluded the discharge was appropriate for the  reasons which were the basis for 
this case. 

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 AMN) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Eglin AFB, FL on 7 Nov 02 UP 
AFI 36-3208, para 5.32.1.2 (Alcohol Abuse Treatment Failure).  Appeals for 
Honorable Discharge, to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Aug 80.  ~ n i m t  Age: 20 4/12.  Disch Age: 22 2/12. Educ: HS DIPL. 
AFQT: N/A.  A-50,  E-69,  G-62,  M-68. PAFSC: 33731 -  Fire Protection Apprentice. 
DAS: 27 Sep 01. 

b.  Prior Sv: (1) AFRes 22 Dec 00 -  27 Mar 01 (3 months 6 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  28 Mar 01 for 4 yrs. Svd: 1 Yrs 7 Mo 11 Das, of which 

AMS is 1 Yr 7 Mos 9 Days (excludes 2 days lost time). 

b.  Grade Status:  AB  -  2 Apr 02  (Vacation of Article 15, 21 Jun 02) 

A m  -  28 Sep 01 

c.  Time Lost:  24 Jan 02 thru 26 Jan 02  (2 days). 

d.  Art 15's:  (1) 21 Jun 02, Vacation, Eglin AFB, FL -  Article 86.  You 

did, on or about 1 Jun 02, without authority, fail to go 
at the time prescribed to your appointed place of duty. 
Reduction to Airman Basic.  (No appeal) (No mitigation) 

(2) 2 Apr 02, Eglin AFB, FL -  Article 86.  You did, on or 

about 24 Jan 02, without authority, absent yourself from 
your place of duty at which you were required to be, and 
did remain so absent until on or about 25 Jan 02. 
Article 107.  You did, on or about 25 Jan 02, with 
intent to deceive, make to ~~gt-, 
an official 
statement, to wit: "that you were in ~enver, color ad^,^ 
or words to that effect, which statement was totally 
false, and was then known by you to be so false. 
Suspended reduction to Airman Basic.  Forfeiture of 
$200.00 pay per month for two months, 45 days extra 
duty, and a reprimand. (No appeal) (No mitigation) 

e.  Additional: LOR, 27 SEP 02 -  Drinking while entered into the 

Alcohol/Drug Abuse/~revention and 
Treatment program, and reporting for duty 
with alcohol in his system. 

LOR, 20 SEP 02 -  Failed room inspection, evidence of 
alcoholic use while enrolled in the 
Alcohol/Drug Abuse/Prevention and 
Treatment program, and damage to closet 
door. 

AF FORM 3545, 28 JAN 02 -  Driving with a suspended driver's 

license and apprehended for 
driving under the influence of 
alcohol. 

f.  CM:  None 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (10) Mos  (15) Das 

TAMS: (1) Yrs  ( 7 )  Mas  (9) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 22 Jan 04. 

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

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214  (Member-4). 

To: Armed Forces Discharge Review board. 

~ r 0 r n . L . Y  

Subject: Discharge Upgrade. 

I am writing to request a discharge so that I may re enlist in the United States 

Armed Forces.  There are a couple reasons that contributed to the discharge I received. 
There are also many reasons that make me believe that it would be worth my countries 
time and money to allow me to reenlist.  When I look at my military career I see lots that 
I would like and believe I can change. 

I know that I can be a good member of the service.  I've proven it time and time 

again.  I was an element leader in basic training and I graduated as the top third of my 
class in tech school.  I was the only airman that seemed to have kept the basic military 
values.  Values such as discipline, integrity and above all, service before self.  I felt like a 
role model for the incoming airman.  I was very proud of the accomplishments I had 
made.  Being in the active military is different than being in school.  Being an airman in 
the active military takes more discipline than I expect.  I didn't know how to adapt. 
There were times I excelled even after I was at my active duty station.  I came to work 
looking sharp and willing to do what needed to be done.  Unfortunately I had a huge slip. 
A slip I couldn't recover fiom  I was a trained fire fighter who was getting great 
experience with a great crew and I chose to ignore all the help they were willing to give 
me.  I thought I could do it all my way.  Obviously I was very wrong. 

I had at one point let the values I learned in Basic Training escape me.  I thought 
more for myself than my country.  I had done things that I was so ashamed of that I Iet it 
overflow into my military state of mind, a state of mind that is needed to be a good 
airman.  As a result of that I learned the values of a mistake and a consequence.  A 
mistake is a thing that everyone makes at multiple points in their lives.  No matter who 
they are or what they say, they have done something that is in their mind or another's 
mind a mistake.  Consequence is the repercussion for that mistake they made.  Even if it's 
only in their mind, they are being punished.  I made the mistakes without thinking of the 
consequences.  I didn't realize that things would happen because of the actions I was 
choosing to take.  The two biggest things I lost, as a consequence was self-pride and my 
military career.  The pride I have managed to regain.  I am proud of the way my life is 
and the pay I a m  I am a good person with values that don't  differ much fiom any other 
decent airman.  The only thing I have left to reclaim is a successfir1 military career.  I see 
that as a realistic goal and one that unfortunately at this time is out of reach.  I wish to get 
it within reach so I can show everyone including myself how great of an airman I really 
was and can be. 

I have mentioned my desire of reenlisting to my family and friends and they all 
are very supportive and positive about the idea.  Some ofthem being-military enlisted 

members and officers.  They see how I've  returned to that mindset that a good military 
member has and they believe I would have much success in the service, just as I had in 
the first six or so months of my active duty career.  I have spent lots of time thinking of 
the people I have let down and the people I could be helping.  I want nothing more than 
to serve my country better than I have in the past.  I understand what I did and why I'm  in 
the position that I'm  in.  I only ask that I be given one more chance to prove to my 
fiiends, family, nation and myself that I am a great military member and can have a great 
military career.  I have and always will see myself as being a good airman.  It is a title I at 
times neglected to treat appropriately and with the respect it deserved.  I assure you that 
given another chance I will not let my country, community, peers, family or self-down. 

Thank you for your time and I hope that a positive action may come out of this life 
lesson  If you have any questions, feel free to contact me at 

Sincerely, 

,-  A. 
DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 33D FIGHTER WING (ACC) 

EGLlN AIR FORCE BASE, FLORIDA 

~ 3 p m c / - m ~  

FROM: 96 CESICC 

SUBJECT: Notification Memorandum 

I 

1.  I am recommending your discharge from the United States Air Force for substance abuse treatment 
failure, specifically failure in alcohol abuse treatment.  The authority for this action is AFPD 36-32 and 

, AFI 36-3208, paragraph 5.32.1.2.3.  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 on or about 23 September 2002, 
treatment.  In his memorandum for record, dated 21 October 2002, Cap 
Abuse Prevention and Treatment (ADAPT) Program Manager stated that you are considered a treatment 
failure based on your unwillingness to change your drinking behavior. 

abuse 
and Drug 

3.  I am also forwarding the following information to the separation authority for his consideration in 
characterizing your service. 

a.  On or about 24 January 2002, without authority, you absented yourself from your place of duty at 

Eglin AFB, Florida, and did remain so absent until on or about 25 January 2002.  Furthermore, on or 
about 25 January 2002, with the intent to deceive, you made a false officiaI statement to MSgt 
"that you were in Denver, Colorado."  For these offenses, you received nonjudicial punishment, dated 
2 April 2002 

b.  On or about 1 June 2002, you failed to report to duty.  For this offense, you received a vacation of 

suspended nonjudicial punishment, dated 24 June 2002. 

c.  On or about 23 September 2002, as a result of previous wrongfd overindulgence in intoxicating 

liquor, you were incapacitated for the proper performance of your duties.  For this offense, you received a 
letter of reprimand, dated 27 September 2002. 

d.  On or about 28 August 2002, you failed to maintain your dormitory room.  Additionally, you 

damaged or allowed damage to be caused to your closet door by a knife and automatic center punch.  For 
these offenses, you received a letter of reprimand, dated 20 September 2002. 

e.  On or about 22 September 2001, you were arrested by Connecticut State Police for driving under 

the influence of alcohol.  Because of your arrest for driving under the influence, your base driving 
privileges were revoked for one year. 

f. On 28 January 2002, you were stopped at the East Gate and apprehended for operating a vehicle 

with a suspended state license.  For this offense, your base driving privileges were revoked for additional 
2 years. 

, -.: * 

Fi,p&F&:-02 

*: 

> 

Y 

of the documents to be forwarded to the separation authority in support of this recommendation 
d.  The commander exercising Special Court-Martial (SPCM) jurisdiction or a higher authority 

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.  Special pay, bonuses, 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.  I have 
made an  ppointment for you to consult Capt 

a&&a  at 6 0 0   hours.  You may-an 

t building 45 1, 882-41 85, on 
counsel at your own expense. 

6.  You have the right to submit statements on your own behalf.  Any statements you want the separation 
authority to consider must reach me within 3 workdays from today unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

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

lete a medical examination with the 96th Medical Group, physical examination section 

section, on 30 d&a-  at 6m 

9.  You have bee  scheduled for an appointment with the 96th Mission Support Squadron, separations 
hours.  Immediately after your briefing, you are to report to the 
96th Traffic Management Office with your completed AFDTC Form 41 34 or LGTT Office Form B 133 
along with an authorized letter fiom separatio 
toschedule your TMO pickup.  If you have household 
goods, they must be picked up before 

(9  Bbq 0%  . 

10.  You are required to receive a briefing fi-om the Family Support Center prior to your 
separation.  You have been scheduled to receive your Transition Assistance Management Program 
(TAMP) briefing on &?qQdb&  at-- 

hours. 

11.  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 orderly room. 

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

2 Attachments: 
1.  Supporting Documents 
2.  Airman's Acknowledgement 



Similar Decisions

  • AF | DRB | CY2002 | FD2002-0027

    Original file (FD2002-0027.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD62-0027 GENERAL: The applicant appeals for a Change in Reason and Authority for Discharge. The records indicated the applicant failed his CDC Course exam twice and was honorable discharged. RECOMMENDATION: For the reasons stated above, I recommend the respondent be discharged from the United States Air Force under AFPD 36-32 and AFI 36-3208, chapter 5, section E, paragraph 5.26.3, with an honorable discharge, without P&R.

  • AF | DRB | CY2007 | FD2006-00274

    Original file (FD2006-00274.pdf) Auto-classification: Denied

    INITIAI) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :.-..-..-..-..-..-.----------I A l C I , - - - - - - - - - - - - - - - - - , L.................' PERSONAL APPEARANCE NAME OF COIJNSEL AND OR ORGANIZATION X RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL TYPE GEN C'UNSEL YES No X 1 2 3 4 OKIIF.II APPOINTWG THE BOARD APPLICATION FOR WVIEW O F IIISCHARGE LETTER OF NOTIFICATION HKIEF OF I'ERSONNEL FILE COUNSF.I. In view of...

  • AF | DRB | CY2003 | FD2002-0455

    Original file (FD2002-0455.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | po9_9455 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The records indicated the applicant received a General Discharge for Misconduct — Commission of a Serious Offense after being found guilty by a Special Court Martial for wrongfully using a credit card that was not his. In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for upgrade of...

  • AF | DRB | CY2004 | FD2004-00047

    Original file (FD2004-00047.pdf) Auto-classification: Denied

    , Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2004-0004, GENERAL: The applicant appeals for upgrade of discharge to honorable. For this incident you received a Record of Individual Counseling dated 27 Jan 98. Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.

  • AF | DRB | CY2006 | FD2006-00050

    Original file (FD2006-00050.pdf) Auto-classification: Denied

    3RD FLOOR ANDPEWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE b GENERAL: The applicant appeals for upgrade of discharge to honorable. I am recommending your discharge from the United States Air Force for Misconduct: Drug Abuse. Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached, The commander exercising SPCM jurisdiction or...

  • AF | DRB | CY2005 | FD2005-00269

    Original file (FD2005-00269.pdf) Auto-classification: Denied

    The records indicated the applicant received two Article 15s, one for wrongfully using marijuana and for wrongfully using Corciden, and the other for failing to go at the time prescribed to his appointed place of duty and for willfully disobeying a lawful command, a Letter of Reprimand for damaging government property, injuring his hand, fleeing the scene of the crime, and refusing to answer questions, and one Record of Individual Counseling for failing a monthly dorm room inspection. ...

  • AF | DRB | CY2004 | FD2003-00460

    Original file (FD2003-00460.pdf) Auto-classification: Denied

    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 FD2003-00460 GENERAL: The applicant appeals for upgrade of discharge to honorable. The record shows that at the time of the discharge member consulted counsel yet waived his right to submit statements in his own behalf. I PRWIOUSLY SUBMITTED AN APPLICATION ON /Enter date) H AND AM COMPLETING THlS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

  • AF | DRB | CY2006 | FD2005-00497

    Original file (FD2005-00497.pdf) Auto-classification: Denied

    ISSUES A94.53 A93.01 A67.10 INDEX NUMBER I E-mS I sm- I I TO THE BOARD 1 1 I ORDER APPOINTING THE BOARD 2 1 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 HEARING DATE CASE NUMBER TAPE RECORDlNG OF PERSONAL APPEARANCE 1 25 Apr 2006 I FD-2005-00497 I I I I APPLICANT'S ISSUE AND THE BOARD'S DECISIOKAL RATlOKhL ARE DISCUSSED OK THE ATTACHED AIR FORCE DISCHARGE...

  • AF | DRB | CY2006 | FD2005-00428

    Original file (FD2005-00428.pdf) Auto-classification: Denied

    ISSUE: Applicant received a General discharge for Misconduct - Civilian Convictioli Applicant coillends discharge was inequitable because il was based on onc isolated incident in ltis 57 ~ n o n t l i ~ ot wrvicc and there was no judicial action and one year uilrestricted probation, Thc rccords indicated the i~pplicanl rcccivcd two Letters of Reprimand and one Lxtter of Counseling for misconduct to iiicludc rccciving ;i tickct i i ~ r fiiling lo stop at a stop sign and then not notifying his...

  • AF | DRB | CY2003 | FD2002-0329

    Original file (FD2002-0329.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD02-0329 GENERAL: The applicant appeals for upgrade of discharge to Honorable. INITIATION OF ACTION: On 23 Jul01-796 respondent that he was recommending the respondent be administratively discharged for minor disciplinary inhctions under AFl36-3208, chapter 5, section H, paragraph 5.49- recommends that the respondent receive a general discharge without probation and rehabilitation (P&R). DEPARTMENT OF THE AIR...