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NAME OF SERVICE MEMBER (I.AST, FIRS1 MIDDLE MJTIAI,) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

GRADE 

AFSNISSAN 

AND OR ORGANIZATION 01;  COUNSEL 

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MEMBER SITTING 

INDEX  NUMBER 

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1 

1  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, SlJlTE 40 
RANDOLPH AFB, TX 78 150-4742 

L -  

AFHQ FORM 0-2077, JAN 00 

FROM; 

SECRETARY OF THE AIR FORCF. PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REMEW ROARD 
1535 COMMAND DR,  EE WING, 3RD FLOOR 
ANDIUWS ATB, MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

1 

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AIR FORCE DISCHARGE m V I E W  BOA KI) DECISIONAL RAIIONALE 

CASE NUMBER 

FD2004-00154 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Roard  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. 

ISSUES:  Applicant tendered  his resignation  in lieu of further administrative  discharge proceedings.  The 
applicant's  records document clear evidence of conduct totally incompatible with military service.  IIe had 
two Articles  15, three Letters of Reprimand,  and a civilian conviction,  His misconduct  included  domestic 
assault,  three  instances  of  driving  drunk  (two  on  base),  making  a  threatening  telephone  call  to  another 
dependent  spouse, driving on a suspended  license, and soliciting a drunken homeless man to drive his car 
on base.  All  of these  incidents occurred within a 24-month period, the last one within  days of his having 
completed  an in-patient  alcohol  rehabilitation  program.  It  is Air Force policy  that  personnel  who  do not 
respond  favorably to  rchabilitation  be considered for separation.  Additionally, the applicant's  misconduct 
was  of  a very  serious nature  and  members  who  commit  acts of  misconduct,  even  under the  influence  of 
alcohol, are held accountable for their actions.  Furthermore, the number of incidents of this severity would 
normally  result  in  a  service characterization  of  under  other  than  honorable,  but  mitigating  factors  were 
takcn into consideration  at the time of the discharge.  Member had served admirably for  13 years before his 
misconduct  began.  Circumstances  of his  divorce, while  not  excusing his conduct, were  also extenuating. 
And  finally, member's  normal  expiration of  tern1 of  service  was  approaching  and  he  could  not  be  held 
beyond that date for the purposes of processing a Board of Inquiry and securing final administrative  action. 
Thus  accepting  his  resignation  allowed  his  service  to  be  appropriately  characterized.  Accordingly,  the 
Secretary of the  Air  Force's  designee,  who  was  aware  of* the  option  to  approve  an honorable  discharge, 
determined  that  a  general  discharge  (under  honorable  conditions)  was  more  appropriate  due  to  the 
seriousness and  repetitive,  deteriorating  nature  of member's  misconduct.  No  inequity  or impropriety was 
found in this discharge in the course of the records review. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive requirements  of thc 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 1LT) (HGH 1LT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Keesler AFB, MS on 11 Dec 98 
UP AFI  36-3207, Chapter 2, Section B  (Resignation in Lieu of Further 
Administrative Discharge Proceedings) .  Appeals for Honorable Discharge. 

2.  BACKGROUND : 

a. DOB: 2 Dec 60.  Enlmt Age: 21 7/12.  Disch Age: 38 0/12. Educ: 

MASTERS DEGREE. AFQT: N / A .   A-86,  E-96,  G-96,  M-98. PAFSC: 015W3 -  Weather 
Instructor. DAS: 9 Mar 95. 

b.  Prior Sv: (1) AFRes 9 Jul 82 -  16 Jan 83  (6 months 8 days) (Inactive) 

(2) Enlisted as A1C 17 Jan 83 for 4 yrs.  Extended 19 Nov 84 
for 12 months.  Reenlisted as Sgt 21 Jan 87 for 6 yrs.  Extended 10 Jul 92 for 7 
months.  Reenlisted as TSgt 21 May 93 for 4 yrs.  Svd: 10 yrs 8 months 4 days, 
all AMS. 
A P R s :   9,9,9,9,9,9,9. E P R s :   4 , 5 , 5 .  

S r A   -  Unknown.  Sgt -  Unknown.  SSgt -  Unknown.  TSgt -  1 Jul 89. 

3.  SERVICE UNDER REVIEW: 

a.  Appointed to 2Lt and ordered to EAD 22 Sep 9 3 .   Svd: 5 Yrs 2 Mo 20 Das, 

all AMS . 

b.  Grade Status:  1Lt  -  22 Sep 95 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 31 Mar 98, Keesler AFB, MS -  Article 111.  You did, at 
Beale AFB, CA,  on or about 17 Mar 98, near the Capehart 
Shoppette, physically control a iehicle, to wit: a 
passenger car, while the alcohol concentration in your  ' 
blood was 0.10 grams or more of alcohol per 100 
milliters of blood, as shown by chemical analysis. 
Forfeiture of $100.00 pay per month for two months. 
(No appeal)  (No mitigation) 

(2) 18 Feb 97, Keesler AFB, MS  -  Article 111.  You did, on 
or about 25 Jan 97, near gate #7, physically control a 
vehicle, to wit: a passenger car, while the alcohol 
concentration on your breath was 0.10 grams of alcohol 
per 210 liters of breath or greater, as shown by 
chemical analysis.  Forfeiture of $600.00 pay per month 
for two months and a reprimand. (No appeal) (No 
mitigation) 

e .   Additional: LOR, 14 MAY 98 -  Allowing intoxicated individual to operate 

his POV, operating his POV with a 
suspended license, and consuming alcohol 
while in alcohol rehabilitation. 

Court Record, 26 JAN 98 -  DUI. 
LOR, 10 JUN 97 -  Making a threatening and profane telephone 

LOR, 18 JUN 96 -  Mutual assault with his dependent wife. 

call to an Air Force dependent wife. 

f.  CM:  None 

g.  Record of SV: 07 Oct 93 -  02 May 9 4   Osan  AB 
0 3   May 94 -  02 Jan 95  Osan AB 
0 3   Jan  95  -  02 Jan 96  Keesler AFB  MS  (Annual) 
0 3   Jan  96 -  02 Jan 97  Keesler AFB  MS  (Annual) 
03 Jan 97 -  02 Jan 98  Keesler AFB  MS  (Annua1)REF 

MS  (CRO) 
MS  (CRO) 

h.  Awards &  Decs:  AFAM, AFCM W/2 DEVS, AFLSAR W/2 DEVS, AFTR  W/1 DEV, 

AFOSSTR, NDSM, AFOUA W/2  DEVS, NCOPMER W/2 DEVS, AFOEA. 

i.  Stmt of Sv:  TMS:  (16) Yrs  ( 5 )   Mos  (3) Das 

TAMS: (15) Yrs  (10) Mos  ( 2 5 )   Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 21 Apr 04. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCW 
1. Letter of Appreciation. 
2 .   Two Certificates of Appreciation 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATlON ANDT RAINING COMMAND 

'MEMORANDUM FO 

FROM:  8 1 TI -  

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b.  A slatetnetlt tliat your tltililary dcrc~cnse cour~sel counsclcd you and that you fully uriderstand 
s and optiolis io tbis action.  If you declitied counsel, so state and indicate t l ~ a t l ( l ,  
light Con~matidcr, Military Persotlticl X:liglll, counseled you a11d lliat you Gully 
rid your rights and options in illis action. 

c.  A slalement tllnt you ur~clers~and 
tlic fvllowir~g regardirlg recoupment of education assistance, 
special pay, or bonuses received if you Ilaven't  complelcd the period of active duty you agreed to 
serve: 

t 

(1).  Recoupmerit of a portiorl of cducatior~ assislance, special pay, or bonti.rnonies 

received if you volunlarily separate. 

(2).  Recoupment of a portion of educatio11 assistance received if an illvoluntary discharge is 

for ~nisconduct, 

(3).  Recoupmetit of a portiorl of special pay or borlus monies rcceived regardless o f  l l ~ e  basis 

for ix~volutltary discharge. 

(4).  Tlie recouptnet~t in all cases is an ani~unt Lliat bcars the same ratio to the total aniount or 
of aclivc duly bcars to l l ~ e  Lola1 period 01 

cosl provided  to you as I11c unscrvcd ~ O I - ~ ~ O I I  
active duty that you agrccd lo serve. 

(5).  If you dispute that you are inrlebted [or  education assislance, the boaygipf inquiry, or, if 

you cl~oose or are no[ er~tillcd to a board of inquiry, an authority appoi~ited by [lie 
MAJCOM, will tilake findings and recolnir~ctldaIions conccrni~lg the validity of your 
itidebtedness.  See MI 36-3206, paragraph 4.37, regarding special rules for recoupment. 

d.  A stateme~it notifying tile whethcr you intend to apply Tor retirement or tender your  , 
resignation.  I f  you have applied for retircn~etlt or tex~dered your resignation,  attach a copy of Llze 
t-elire~nent application or 1l1e resignation. 

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e.  A stalcrllelit Illat your iliilila~y defc~ise cou~isel or Lllc Flight Commander, Military Personnel 
Flight, explained separatio~l pay to you and [hat you understand the eligibility criteria to receive 
separation pay. 

6.  In response lo Lllis t~otilication memorandulxl, you may, within 10 calendar days, tender your 
resignation u~ider API 36-3207, Chapter 2, seeti011 B, wit11 tlie understatldirlg tliat, if the Secretary of  ' 
tlie Air Force accepts your resignation, you may receive a discharge under honorable conditions 
(general) ul~less the Secretary of the Air Force determines that you should receive an honorable 
discharge.  If the Secretary of tlie Air Force accepts your resignation, your discharge date will be as  ' 
soon as possible but no later Illan  10 calendar days afler the date tliat MPF receives separation 
instructions- 

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7.  No actiorl 113s been lake11 111ltlcr AFI 31-501.  Yo11 l~avc not  liad any access to SCI, SIOP-ESI, or 
other special access programs. 

8.  You may request excess leave if tlie Air Force doesn't  req~.iire your further participation in 
processing your case. 

I .   Docolnents re 3 May 98 A p p r c I l c n s i p ~ ~ ~ ~  

a.  AF Fornl 1 168 dated 3 May 98 
b.  AF Form  1 168 daled 3 May 98 
c.  LOR dated o/a  14 May 98 
d.  Rcsl~oiisc to LOR tlalcd  IS May 98 

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2.  Docu~iicnts re  17 Mar 98 DUI hppr-cl~cnsio~i 

a.  AF For111 3070 (2pp) dated 3 1  Mar 98 

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Atfachment 2 to Notification Letter, Continued 

b.  Article 15 Reprinlat~d 

c.  RF  Form 3545 dated 17 Mar 98 (4pp) 
d.  Armed Forces Traffic Ticket dated 17 Mar 98 
e.  MFR dated 18 Mar 98 
SFS 

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*  f.  ht;' Form 1 168 dated  1.8 Mar 98 
g.  hE; For111 1 168 dated 17 Mar 98 
h.  DD Foml  1920 dated 17 Mar 98 (2pp), 
i.  Form 9MG 0-75 dated 17 Mar 98 
j.  Response (w/atch) dated 27 Mar 98 to Article 15 (3pp) 
k.  81 TRWICC Notification dated 31 Mar 98 of Intent to File Record of Article 15 in OSR 
I.  Itesponse dated 1 Apr 98 10  8 1 TRW/CC Notification Letter dated 3 1 Mar 98 
in. 2 AF/CC Decision dated. 13 Apr 98 to File Record of Article 15 in OSR  . 

.,.  .i.':,. 

3.  Documents re 2 Jan 98 DUI apprehension 

a.  M.ississippi Uniform Vellicle Accident Report dated 2 Jan 98 (2pp) 
b.  State of Mississippi Court Record dated 26 Jan 98 re DUI and Careless Driving 

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ConvictiodSentence (3yp) 

c.  copy, NCIC printout 
d.  MDPS Notice of Drivers'  License Suspa~sion dated  17 Feb 98 
e.  MDPS Printout dated 18 Mar 98 re Drivers'  License Activity and DUI Conviction/Sentence 

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4.  LOR dated10 Jun 97 w/Atchs  , 

a.  Acknowledgmerit dated 17 Jun 9 
b.  AF Form 1 168 dated 28 May 97 
c.  Response to LOR dated 18 Jun ,? 

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5.  ~ o c t i h & f s  re 25 Jan 97 DUI apprehension 
:  a.  M F o p  3070 dated 18 Feb 97 (3pp) 
b.  DD ~ o i m  1408 dated 24 Jan 97 
c.  AF Fonn  1 168 dated 24 Jail 97 - 
d.  AF Form 1 168 dated 25 Jan 97 
e.  AF Form  1 168 dated 25 Jan 97 
f.  KAFB Form 268 dated 24 Jan 9 
g. DD Form 1920 dated 24 Jan 97 (2pp) 
11. Response (w/Atch) dated 3 1 Jan 97 to Article 15 (4pp) 
i.  Response dated 20 Feb 97 to Recommendation to File Article 15 in Appropriate OSR 
j. 2 M C C  Decision dated 13 Mar 97 to File Record of Article 15 in OSR  ' 

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6.  LOR dated 18 Jun 96 w/Atchs 

a.  Acknowledgment'dated  18 Jun 96 
b.  DD Form 1569 dated 17 Jun 9G 
c.  AF Fonn  1 168 dated  12 Jun 96 
d.  AF Form 1 168 dated  12 Jun 96 
e.  DD Form 1805 dated  12 Jun 96 
f.  20 Jun 96 Response to LOR 
7.  AFT  36-3206 
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8.  AFI 36-3207 
9.  Lclters oPAckrzowledgrncnt (2) 

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