NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

I 

1  AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

I 

GEN 

I  UOTHC 

OTHER 

DENY 

I  ISSUES  A94.06 

( 

INDEX NUMBER 

A67.10 

HEARING  DATE 

CASE NUMBER 

I 

3 
4 

- 

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I 

EXIIlBlTS SUBMITTED TO THE BOARD 

I 

. .   . 

- 

ORDER APPOINTING THE BOARD 

' 

FOR REVIEW OF DISCHARGE 

LETTER OF NOTlFlCATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDlTlONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

03 Aug 2004 
APPLICANT'S ISSUE AND TlIE BOARD'S  DECISIONAL RATIONAL  ARE DISCUSSW ON THE ATTACHED  AIR FORCE DISCHARGE REVIEW B O W )  DEClSlONAL RATIONALE 

FD-2004-00116 

I 

I 

I 

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 

TO: 

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

FROM: 

SECRETARY  OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW  BOARD 
IS35 COMM.\ND  DR. EE WISG. 3RD FI.OOR 
AYDREHS .&I. B. hlD 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-2004-00116 

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 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:  The Board  grants partial  relief.  Upgrade  of discharge  is approved  and the RE Code will  be 
changed.  The Board did not change the Reason and Authority for discharge. 

ISSUE:  Applicant does not contest his discharge.  He merely states that he made poor personal  choices and 
is now a different person.  The applicant  also wishes to join  the Air National  Guard.  The records indicated 
the applicant received an Article  15, two Letters of Reprimand, and one Letter of Counseling for misconduct 
to include two incidents of driving while intoxicated; however, the Board determined that relief is warranted 
based  upon  consideration  of  the  applicant's  overall  quality  of  service,  as  reflected  in  his  enlisted 
Performance  Reports, and  outstanding post-service  conduct  over  a nearly  15-year period,  even though  the 
discharge was determined to have been  otherwise equitable and proper  at the time of issuance.  The Board 
also decided to change the RE Code to afford the member the opportunity to re-join the military.  However, 
the  Board  did  not  change  the  Reason  and  Authority  for  discharge  as this  appropriately  characterized  the 
applicant's reason for 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. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service is more accurately reflected by an Honorable characterization and his RE Code should be 
changed to 3K under the provisions of Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr F.E. Warren AFB, WY on 12 Oct 
89 UP AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 28 Sep 68.  Enlmt Age: 17 6/12.  Disch Age: 21 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-37,  E-70,  G-52,  M-86. PAFSC: 81130 -  Security Police Specialist. 
DAS: 22 Feb 87. 

b.  Prior Sv: (1) AFRes 15 Apr 86 -  20 Oct 86  (6 months 6 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 21 Oct 86 for 6 yrs. Svd: 2 Yrs 11 Mo 22 Das, all AMS. 

b.  Grade Status:  A1C -  12 Sep 88 

AMN -  12 Aug 87 (Article 15, 12 Aug 87) 
A1C -  05 Dec 86 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 12 Aug 87, F.E. Warren AFB, WY -  Article 111.  You did, 
on or about 6 Aug 87, on Randall Ave, operate a vehicle, 
to wit: a 1981 Toyota Corolla while drunk.  Reduction to 
Airman, suspended forfeiture of $250.00, and 30 days 
correctional custody. (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 27 SEP 87 -  Driving while intoxicated. 

LOC, 13 MAR 89 -  Failure to go. 
LOR, 06 MAY 88 -  Late for work on two occasions. 

f.  CM:  None. 

g.  Record of SV: 21 Oct 86 -  20 Oct 87  F.E. Warren AFB  8  (Annual) 
21 Oct 87 -  20 Oct 88  F.E. Warren AFB  8  (Annual) 
21 Oct 88 -  30 Apr 89  F.E. Warren AFB  9  (CRO) 
01 May 89 -  28 Sep 89  F.E. Warren AFB  5  (CRO) 

h.  Awards &  Decs:  AFTR, SAEMR 

i.  Stmt of Sv:  TMS:  (3) Yrs  (5) Mos  (28) Das 

TAMS:  (2) Yrs  (11) Mos  (22) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 Feb 04. 

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

for Discharge) 

Issue 1:  I received a DUI while stationed at F.E. Warren AFB, WY.  I was 

young and made poor choices at the time.  Since that episode I have never been 
in trouble, I have a clean driving record.  Worked full time for Rural Metro of 
TN as a Paramedic.  I was not offered counseling by the Air Force &  discharge 
has bothered me for many years now.  I am 35 years old married with tho children 
and have the opportunity to use my Paramedic with my Air Guard Base at McGhee 
Tyson.  My discharge as it stands prevents me from joining the Air Guard, and I 
would really like to have a second chance to serve my country. 

I graduated Honor Student from Security Police Specialist training &  received 
the Field Training of Excellence during TAC G/CM training.  I was proud of my 
military career &  regret the poor personal choices I made to hurt that career 
Thank you for consideration. 

ATCH 
1. Honor Graduate Certificate. 
2. Certificate of Achievement. 
3. Certificate of Recognition. 
4. Training Certificate. 
5. Certificate of Outstanding Achievement. 
6. DD Form 214. 
7. Copy of Driver's License &  Healthcare Provider Cards. 

i 

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fii=+00//6 C ~ ~ S T I T U ~ ! O *  

DEPARTMENT OF T H E  AIR  FORCE 
H E A D Q U A R T E R S   9 0 T H  S T R A T E G I C  M I S S I L E  W I N G  I S A C )  

F R A N C I S  E.  W A R R E N  A I R   F O R C E  B A S E ,  W Y O M I N G  8 2 0 0 5 - 5 0 0 0  

4 
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REPLY  TO 

A T T N .   OF:  90 E S / ~  

SU.JEC~: Notification Letter 

OF, 

4*rA,Ew 

,,, 

0' 

iO.4  OCT  1989 

1.  I am recmnding your discharge from the United States Air Force for minor 
disciplinary infractions.  The authority for this action is AFR  39-10, paragraph 
5-46.  If my recmndation is approved, your service will be characterized as 
general or honorable.  I am recmnding that your service be characterized as 
general. 

2.  My reasons for this action are: 

a.  DWUI - Letter of Reprimand, 27 Sep 89 
b.  Failure to go - Letter of Counseling, 13 Mar 89  . 
c.  Failure to go - Letter of Reprimnd, 6 May 88 
d.  m I  -Article 15, 7 Aug 87 

Copies of the damrents to be forwarded to the separation authority in support 
of this recmndation are attached.  The com~nder exercising SPCM jurisdiction 
or a higher authority will decide whether you will be discharged or retained in 
the Air Force.  If you are discharged, you will be ineligible for reenlistment 
in the Air Force. 

3.  ~on'%ave  the right to consult counsel.  Military legal counsel has been 

ed to assist you.  I have made an appointment for you to consul 
at the ADC  office, bldg 152 on 5 Oct 89 at 0830.  You may consu 
1 at your own expense. 

an 

4.  You have the right to submit staterent in your own behalf.  Any s t a t e  ts 
you want the separation authority to consider m s t  reach XE  by (;,  00- 3 ? 

unless you request and receive an extension for good cause shown.  I will send 
them to the separation authority. 

. 

5 .   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. 

6.  You have been scheduled for a rredical examination.  You must report to the 
F. E. Warren Hospital physical exams section at 0700 on 6 Oct 89 for the exami- 
nation. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy 
Act Stat-nt 
as explained in AFR  39-10, attachrent 6.  A copy of AFR  39-10 is 
available for your use in your orderly room. 

P e a c e .  . .  .  i s  o u r   P r o f e s s i o n  

8.  Execute the attached acknowldqent and return it to rre  hrediately. 

3 Atch 
1.  Supporting domurents for the 

reason of the discharge 
a.  IOR, 27 Sep 89 
b.  E, 13 Mar  89 
c.  IOR, 6  May 88 
d.  Article 15, 7 Aug 87 

2.  A i m n ' s  Receipt of Notification 

Letter