- 

% 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

I 

I 

MEMBER SITTING 

.I 

I 

4" 
HoN 

I 

_ v o T & O % ~ B , 0 ~ 2 -  v  $J ; 
DENY 
GEN 

I  uomc 1 I ; I T H E R  

/ 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r n  

ISSUES 

A94.05 

I  INDEX NUMBER 

A69.00 

I 

/ 
" \ 

1 
2 
3 
4 

1 

' 

,',&  mW  $ u f f ~ I ~ ~ ~ v ~ ? b ~ 3 p 9 ~ :  
ORDER APPOINTING 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  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

I 

I 

I 

I 

I 

HEARING DATE 

CASE NUMBER 

08 Jun 2004 
APPLICANTS ISSUE AND THE BOARD'S DEClSlONAL RATIONAL ARE DISCUSSED ON THE A'ITACfED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2004-0012 1 

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 

I C . - . - . . - . . . . - . . - . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - '  

. . . . . . . - 

INDORSEMENT 

TO: 

.. 
FROM: 

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

.  .. 

DATE:  6/8/2004 

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

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00121 

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. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant  received  an  Article  15 and  two  Letters of Reprimand.  In  addition, the  applicant  failed  alcohol 
rehabilitation which is an automatic separation.  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  performance  reports, 
letters  of  recommendation  and  other 
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.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for 
upgrade.  The DRB noted that when the applicant applied for these benefits, he understood he must receive 
an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact 
the  loss  of these  benefits  was  having on the  applicant,  but  this  is not a matter  of inequity  or impropriety 
which would warrant an upgrade. 

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 

- 1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr RAF  Lakenheath, UK on 23 Jul 
ANDREWS AFB, MD -  (Former A1C)  (HGH A1C) 

03 UP AFI 36-3208, para 5.32.1 (Alcohol Rehabilitation Failure).  Appeals for 
Honorable Discharge. 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

2.  BACKGROUND: 

a. DOB: 23 Sep 75. Enlmt Age: 25 1/12.  Disch Age: 27 10/12. Educ: HS DIPL. 
AFQT: N/A.  A-54,  E-49,  G-42,  M-38. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 18 Jun 01. 

b.  Prior S v :   (1) AFRes 28 Oct 00 -  15 Jan 01  (2 months 19 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  16 Jan 01 for 4 yrs. Svd: 2 Yrs 6 Mo 8 Das, all AMS. 

b.  Grade Status:  A1C -  18 May 02 
AMN -  18 JuI. 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 May 03, RAF Lakenheath, UK -  Article 86.  You did, on 
or about 22 Feb 03, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Suspended reduction to Airman, 15 days restriction, 30 
days extra duty, and a reprimand. (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 02 JAN 03 -  Assault, failure to obey an Order or 

LOR, 26 JAN 02 -  Late for work. 

Regulation, and Drunkenness. 

f.  CM:  None. 

g.  Record of SV: 16 Jan 01 -  15 Sep 02  RAF Lakenheath  3  (Initial) 

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

i.  Stmt of Sv:  TMS: (2) Yrs  ( 8 )   Mos  (26) Das 

TAMS:  (2) Yrs  (6) Mos  (8) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Mar 04. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 

. \ 

-- 

-- 

'l. 

- -  

o w  

/- 

--& 

- m ~ d ~ y - ~ ~ ~ m 4 9 - ~ - ~ ~ ~ 7 ~ - f ~ ~ ~ ~ P ~ ~  

~ ~ l I / & ~ - ~ a - b - - ~ a - - ~ I L & ~ ~ ~  
L j h o - & C -   d- - - ~ F ~ - 1 1 2 L I O ~ - . W * ~ & ~ ~ ~ _ I I y ~ a / Y ~  
LLfrnL~Lt7---&-. 

3- ~ ~ f d & , i f  
.,!o*/ 

5  -  ApP4rnd-4zce 

- ZDC- 

--LW- 

/ 

-- 

" J -  &)2""-'-. 
3 

-- 

, ~ d a d ~ & r J . - - 2 ; o  &34--93 --DI/~L - my. 
3- 

2 ~ ~ ~ - ~ ~ - ~ / ~ ~  
f II,,L-C A~mr&-@* 
d~ttdttdsT"&wd, 
1 
mlb  _ a d  -  -  t.. - &-- di 
4"' 
WL!Z  p~~dLf,b? 
. &ah-sN.4M 
.. fiDM- .k20. phw-..b2&f1 
~
 

-5~ok;- 
- -4-  /a  * r  
a - - ~ -  
- can. -- 
-  40  . - - 
my- Jm./ 
Y - -   - - -   -- 
r~  - haw- -- 
k.4mnr+&.%-- 

- .hwi  . - 6 -  co J&&&, 

- ~ &  
2

-&  b9,/;i 

5' 

p1~/ M&  .--: 

2

~

-

- .  

- 

.

 

-

--- 

- 

~

DEPARTMENT OF THE AIR FORCE 

48TH FIGHTER WING (USAFE) 

2 8 MAY  2003 

MEMORANoUM FOR A1 C c

8

SFS 

FROM:  48 SFSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for 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 Under Honorable Conditions (General).  I am recommending that your service be 
characterized as Under Honorable Conditions (General). 

2.  My reason for this action is:  At or near RAF Lakenheath, UK, on or about 7 Nov 02, you 
were discharged from the ADAPT program, after failing to complete treatment due to your 
unwillingness to follow ADAPT 
drinking: 

requirements and your decision to continue excessive 

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 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 
b d s  may be subject to recoupment. 

' 

I -  

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, A bldg 948, DSN 226-3608, at 

. You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
03  unless you request and 
separation authority to consider must reach me by  2 
receive an extension for good cause shown.  I will send them to the separation authority. 

6.  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. 

7.  You must schedule an appointment with your Primary Care Manager, who will provide you 
with a DD Form 2697, Assessment of Health Care.  You should then report to the Physical 
Exams Section at the 4 8 ~  Medical Group during walk-in hours, with your DD Form 2697. 

Walk-in hours for Physical Exams are 0900- 1400, Monday thru Friday.  If you wear eyeglasses, 
you must bring them with you.  If you are unable to make any of your scheduled appointments, 
you must contact the First Sergeant immediately. 

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 your unit orderly room. 

9.  The separation authority will make the findings and recommendation required under 10 U.S.C 
2005 (g). 

10. Execute the attached acknowledgement and return it to me immediately. 

- 

. . 

Col, USAF 

dtd 7 Nov 02 

Attachments: 
1.  Letter fiom Capt 
2.  ADAPT Medical Records, 24 pgs 
3.  Airman's Receipt of Notification Memorandum 
4.  Airman's Statement~Recoupment Statement 
5.  EPR, dtd 15 Sep 02 
6.  Records Review Rip 
7.  Other Derogatory Data, 9 pgs 

a.  Article 15, dtd 2 May 03 
b.  Letter of Reprimand, dtd 2 Jan 03 
c.  Letter of Reprimand, dtd 26 Jan 02