NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE ~NITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

I 

ISSUES  A93.19 
A92.17 

INDEX NUMBER 

A69.00 

HEARING DATE 

CASE NUMBER 

Case heard at Washington, D.C. 

I 

I 

1  1  I  ORDER APPOINTING THE BOARD 
2 
I  3 
4 

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 

TAPE RECORDING OF PERSONAL APPEARANCE 

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. 

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2 

AFHQ FORM 0-2077, JAN 00 

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

-  -  - 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00124 

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. 

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.  The  applicant  received  a  general  discharge  for  failure  in  the  alcohol  rehabilitation  program. 
Member received an Article  15 for driving drunk in April 2002 which resulted in a serious car accident.  For 
these reasons his discharge was characterized as general (under honorable conditions) rather than honorable. 
In April 2002, member was referred to the Alcohol and Drug Rehabilitation Program and in June 2002 began 
an intensive off base  alcohol  rehabilitation  out-patient  treatment program,  participating  until August  2002. 
Member  was  diagnosed  as  an  alcohol  abuser  and  unsuited  for  further  military  service  after  he  became 
unwilling  to cooperate  further  and told  one  of his  treatment  managers  it  was  no  longer  important  to  him, 
regardless of the impact on his military career.  At the time of the discharge, member submitted a statement 
requesting  his  service  be  characterized  as honorable  and  noting  that  his  out-patient  program  schedule  and 
rehabilitation regimen  conflicted with his college courses and other personal problems he was experiencing 
at the time.  Member  further  stated he  felt his  service was honorable  with the exception  of the  date of the 
driving under the influence incident.  Applicant makes the same contention to the DRB.  The Board opined 
that through the unit's  rehabilitative actions, member was given ample opportunity to change his behavior. 
He should have realized he would be watched closely and any failure to participate in the program could be 
used as justification  for discharge.  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  finds the  discharge 
proper and equitable. 

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 SRA)  (HGH SRA) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Shaw AFB, SC on 2 Oct 02 UP 
AFI 36-3208, para 5.32 (Alcohol Rehabilitation Failure).  Appeals for Honorable 
Discharge. 
2 .  BACKGROUND : 

a. DOB: 8 Oct 79.  Enlmt Age: 19 6/12.  Disch Age: 20 11/12. Educ: HS DIPL. 
AFQT: N/A.  A-68,  E-81,  G-86,  M-77. PAFSC: 33052 -  Electrical Power Production 
Technician. DAS: 27 Sep 99. 

b.  Prior Sv: (1) AFRes 27 Apr 99 -  1 Jun 99  (I month 6 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 2 Jun 99 for 6 yrs. Svd: 3 Yrs 4 Mo 1 Das, all AMS. 

b.  Grade Status:  SrA -  16 Nov 01 
A1C -  16 Jul 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 May 02, Shaw AFB, SC -  Article 111.  You did, on or 

about 20 Apr 02, physically control a vehicle, to wit: a 
passenger car, while drunk.  Suspended reduction to AlC, 
forfeiture of $400.00 pay per month for 2 months, 14 
days extra duty and a reprimand. (No appeal) (No 
mitigat ion) 

e.  Additional: Memo For 20 CES/CC, 22 AUG 02 -  Refusal to attend 

ADAPT Program treatment 
sessions and not compliant 
with the abstinence 
requirement. 

f.  CM:  None. 

g.  Record of SV: 2 Jun 99 -  1 Feb 01  Shaw AFB  5  (Initial) 

2 Feb 01 -  1 Feb 02  Shaw AFB  5  (Annual) 

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

i.  Stmt of Sv:  TMS: (3) Yrs  (5) Mos  (6) Das 
TAMS: ( 3 )   Yrs  (4) Mos  (1) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 1 Apr 04. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. ~pplicant's Issues. 
2 .   Two Enlisted Performance Reports. 

---- 

April  1,2004 

Dear Discharge Review Board: 

On October 2,2002 I was discharged fiom the armed forces after 1218 days of 
service. Unfortunately I will admit that only 12 17 of those days were served honorably. 
On April 22,2002 I was involved in a vehicle accident while under the influence of 
alcohol. It was a terrible mistake that ended my career in the Air Force and a day that will 
always be imprinted in my memory. Even though that day stands as the worse day in my 
life, it taught me some very valuable lessens about life. Not only will I never make the 
same mistake in my lifetime, I also learned that every action you take has dramatic 
consequences. For that reason I am taking positive actions in my life now, like obtaining 
a college degree, that will also have consequences but of a different kind. The reason that 
I am asking for an honorable discharge is not for the actions of one day, but for the 
actions of the other 12 17 days that I served in the Air Force. 

Like every other airmen that comes out of Lackland Air Force base afier 

completing basic military training, I had very high hopes for my career. I wanted to be 
challenged, I wanted to be inspired, and I wanted to do a job that makes a difference. And 
I was not disappointed; my short career was full of challenges and high demands. I 
cannot remember a day that became boring or repetitive. Everyone treated me very well 
and in return I treated everyone with respect. I am not one to praise my accomplishments 
or the quality of my  work so I have attached my two EPR's.  But I will say that I take 
great pride in my work and an honorable discharge would make valid the hard work and 
commitment that I made to the Air Force. It was a time in my life that I learned a lot fiom 
and is now behind me now, but when I look back I would like to know that I was 
appreciated or recognized for what I did. Regardless of what your decision might be I 
know in my heart that I served honorably and even though my career ended on a sad note, 
I would not trade my military experience for anything in the world. Thank you for your 
time. 

Sincerely, 

! 
"EPARTMENT  OF THE AIR F
20th FIGHTER WING (ACC) 

~

E

 

SHAW AIR  FORCE BASE, SOUTH CAROLINA 

SEP  1 0 2002 

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, Military Retirements and Separations, and 
AFI 36-3208, Administrative Separation ofdirmen,  Chapter 5, paragraph 5.32.  If my recommendation is 
approved, your discharge will be characterized as honorable or general.  I recommend your discharge be 
characterized as general. 

2.  My reason for this action is that on or about 29 Apr 02, your were referred to the ADAPT Program 
after being detained at Shaw AFB, SC for driving while drunk.  You were enrolled in the Three Rivers 
Intensive Outpatient Program on 28 Jun 02.  On 1 Aug 02,-of 
Three Rivers contacted the 
ADAPT Program to report your refusal to come to any more treatment sessions.  She also reported you 
were not compliant with the abstinence requirement.  You tol- 
20'  Medical Group, 
the program was not important to you, regardless of the impact on your military career.  This is 
documented in a membrandum from 20 MDOS, dated 22 Aug 02.  This memorandum is attached at 
Tab 4. 

3.  In addition to the above reasons fo;  discharge, your file also reflects one Article 15 nonjudicial 
punishment action, dated 16 May 02, for driving while drunk.  This document is located under Tab 4a. 

4.  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 will probably not be allowed to enlist in any other branch of the anned forces. 

5. You have the right to consult 
made an appointment for you to 
You 

Sep 02, at &hours. 

counsel.  Military legal counsel has been obtained to assist you.  I have 

ea Defense Counsel, 895-9530, on 
your own expense. 

6.  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. 

7.  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. 

8.  You are scheduled for your final out-processing medical examination on /&  Sep 02 at /53 0 hours. 
You will report to Primary Care, located in the Shaw AFB Hospital, at the time prescribed.  This 
appointment is mandatory.  If you must reschedule, contact your unit First Shirt to have them make the 
appointment for you.  This examination must be carried out within 48 hours of the original appointment if 
the date must be rescheduled 

9.  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. 

10.  The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus monies 
that 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 dut4i 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. 

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

3 Attachments: 
1.  MFR, dated 22 Aug 02 (Tab 4) 
2.  AF Form 3070, dated 16 May 02 (Tab 4a) 
3.  Receipt of Notification (Tab 5)