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(  NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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1  AFSNISSAN 

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PERSONAL APPEARANCE 

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RECORDREVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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No 
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MEMBER SITTING 

HEARING DATE 

CASE NUMBER 

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1 

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VOTE O F  TIIE BOARD 

HON 

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GEN 

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I  OTHER 

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DENY 

ORDER APPOMTMG THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

1 
2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

C0UNSEL.S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS  SUBM17TED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

10 Aug 2004 
APPLICANT'S ISSUE .4ND THE BOARD'S DECISIONAL  RATIONAL ARE DISCC'SSED ON  I HE ATTACHED AIR  FORCE DISCtlARGE REVIEW BOARD DEUSIONAL RATI0NAI.E 

FD-2004-00170 

I 

I 

I Case heard at Washington, D.C. 
1  Advise applicant of the decision of the Board, the right to a personal appearance withiwithout counsel, and the right to 
1  submit an application to the AFBCMR 

TO: 

. 

. .  

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

' 

FROM: 

DATE:  811 012004 

. 

.. 

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 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00170 

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

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 and change of reason and authority for discharge are 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:  Applicant  contends  discharge  was  inequitable  because his  medical  conditions were  not  properly 
evaluated.  The records indicated  the applicant received two Article  15s, one Letter of Reprimand  and three 
Records  of  Individual  Counseling  for  misconduct.  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.  In regards  to the 
applicant's  concern  about stated medical  issues,  records  indicated the applicant was not  cooperative during 
his Track  3 alcohol rehabilitation  program  and  was appropriately  characterized  as a failure in the program. 
Furthermore, transiently elevated fasting blood sugars identified during his discharge physical assessment by 
his AF  Endocrinologist  did not warrant  a Medical  Evaluation  Board before discharge and the member was 
appropriately cleared  for separation.  These medical  issues would not make the applicant unfit  and thus are 
not inequities when considering this discharge action.  The characterization of the discharge received by the 
applicant was found to be appropriate. 

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  hrther 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) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Keesler AFB, MS on 1 Mar 91 
UP AFR 39-10, para 5-47b (Misconduct -  Conduct Prejudicial to Good Order and 
~iscipline). Appeals for Honorable Discharge and a Change in Reason and 
Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Jul 71.  Enlmt Age: 17 10/12.  Disch Age: 19 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-83,  E-77,  G-68,  M-49. PAFSC: 90210 -  Medical Services Helper. 
DAS: 18 Apr 90. 

b.  Prior Sv: (1) AFRes 13 May 89 -  7 Aug 89  (2 months 26 days) (~nactive) .  - 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  8 Aug 89 for 4 yrs. Svd: 1 Yrs 6 Mo 22 Das, all AMS 

b.  Grade Status:  AB -  19 Sep 90  (Vacation of Article 15, 4 Jan 91) 

Amn -  8 Feb 90 

D 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 4 Jan 91, Keesler AFB, MS  -  Article 92. 
of a lawful order issued by me 
o comflete the required four 

flonymous)  meetings/sessions by 15 Dec 90, an order 

which it was your duty to obey, did, on or about 15 Dec 
90, fail to obey the same.  Article 86.  You did, on or 
about 18 Dec 90, without authority, fail fo go at the 
time prescribed to your appointed place of duty. 
Reduction to AB. (No appeal) (No mitigation) 

(2) 19 Sep 90, Keesler AFB, MS  -  Article 86.  You did, on 

or about 2 Sep 90, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Suspended reduction to AB.  Fourteen days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 03 DEC 90 -  Failure to go. 
RIC, 28 NOV 90 -  Late for duty. 
RIC, 23 NOV 90 -  Failure to go. 
RIC, 06 MAY 90 -  Late for duty. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (9) Mos  (17) Das 
TAMS:  (1) Yrs  (6) Mos  (22) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 6 May 04. 

(Change Discharge to Honorable, and Change the Reason and Authority for 

Discharge) 

Issue 1:  I believe my discharge was inequitable because not only was I 

diagnosed as being a diabetic, but after speaking with the social a c t i p  
person, I was misdiagnosed as a problem drinker when I was an alcoholic.  I 
don't feel proper action was taken pertaining to either medical conditions.  We 
know alcoholism is a disease. 

ATCH 
None. 

HEADQUARTERS KEESLER TECHNICAL TRAINING CENTER (ATC) 

DEPARTMENT OF THE AIR FORCE 
KEESLER AIR  FORCE BASE MS  39534-5000 

I 

REPLY TO 
ATTN OF:  KTTCISGQ 

SUBJECT:  L e t t e r   of  N o t i f i c a t i o n  

1 8 JAN  1991 

1.  I  a m   recommending  your  d i s c h a r g e   from  the  United  S t a t e s  A i r  Force  f o r  
conduct  p r e j u d i c i a l   t o   good  o r   d i s c i p l i n e .   The  a u t h o r i t y   f o r   t h i s   a c t i o n   i s  
recommendation  i s   approved,  your  s e r v i c e  
AFR  39-10,  paragraph  5-47b. 
I  am  recommending  t h a t   y o u r  
w i l l  be  c h a r a c t e r i z e d   a s   honorable  o r  general. 
s e r v i c e   be  c h a r a c t e r i z e d   a s   general. 

I f   my 

2.  My 

reasons  f o r   t h i s   a c t i o n   a r e :  

, 

a.  You  f a i l e d   t o   go,  a t  t h e   t i m e   p r e s c r i b e d ,  

t o   your  appointed  p l a c e   of 

4  112  hours  l a t e   f o r  work  on  2  May  90,  f o r  which  you  were 

duty,  t o  w i t :  
counseled  on  3  May  90. 

b.  You  f a i l e d   t o   go,  a t  t h e   t i m e   p r e s c r i b e d ,  

t o   y o u r   appointed  p l a c e   of 

duty,  t o  w i t :   Ward  5A,  ~ e d i a t r i c / ~ d u l t  Minor  Surgery  Unit,  Bldg  0468  on  2  Sep 
90,  f o r  which  you  were  a d m i n i s t e r e d   a n  A r t i c l e   1 5  on  19  Sep  90. 
imposed  was  suspended  r e d u c t i o n   t o   t h e   grade  of  airman  b a s i c   u n t i l   1 8  Mar  91 
a t  which  t i m e   i t  w i l l   be  r e m i t t e d   w i t h o u t   f u r t h e r   a c t i o n   u n l e s s   sooner  vacated 
and  f o u r t e e n   days  e x t r a   duty. 

Punishment 

v 

c.  You  were  d e r e l i c t   i n   t h e   performance  of  your  duty, 

f a i l e d   t o  
e n r o l l   i n   t h e   mandatory  D i r e c t   D e p o s i t   Program  a f t e r   having  been  n o t i f i e d   t o  
d o   s o   on  3  s e p a r a t e   occasions,  f o r  which  you  were  v e r b a l l y   counseled  on  27  Sep 
90. 

t o  w i t :  

d.  You  f a i l e d   t o   go,  a t   t h e   t i m e   p r e s c r i b e d ,  

t o  y o u r   appointed  p l a c e   of 

duty,  t o  w i t :  
o n  25  Nov  90,  f o r  which  you  were  counseled  on  28  Nov  90. 

30  minutes  l a t e   f o r  work  on  23  Nov  90  and  1 hour  l a t e   f o r  work 

e.  You  f a i l e d   t o   a t t e n d   t h e   4  r e q u i r e d   AA  meetings  which  w a s   mandated  a s  

p a r t   of  your  a l c o h o l   r e h a b i l i t a t i o n   program,  f o r  which  you  were  counseled  on 
23  Nov  90,  reprimanded  on  3  Dec  90,  and  a n   Unfavorable  Information  F i l e  
e s t a b l i s h e d ,   f o r   t h e   same. 

. 

f .   You  f a i l e d   t o   go,  a t  t h e   t i m e   p r e s c r i b e d ,  

t o   your  appointed  p l a c e   of 

duty,  t o   w i t :   mandatory  CPR  t r a i n i n g   on  20  Dec  90,  f o r  which  you  were 
counseled  on  2 1   Dec  90. 

g.  You  f a i l e d   t o   go,  a t  the  t i m e   p r e s c r i b e d ,  

t o   your  appointed  p l a c e   of 

t o  w i t :   1 hour  and  15  minutes  l a t e   f o r  work  on  18  Dec  90,  and  f a i l e d   t o   A 

duty, 
a t t e n d   your  a l c o h o l   r e h a b i l i t a t i o n   meetings  i n  a  timely  manner,  f o r  which  you 
were  v e r b a l l y   counseled  and  your  Article  15  suspension  was  vacated  on 4  Jan 
91. 

. 

AIR  FORCE-A  GREAT  WAY  OF  LIFE 

3.  Copies  of  t h e   documents  t o   be  forwarded  t o   t h e   s e p a r a t i o n   a u t h o r i t y   i n  
s u p p o r t   of  t h i s   recommendation  a r e  a t t a c h e d .   The  Commander,  3380  A i r  Base 
Gr'oup,  K e e s l e r   A i r  Force  Base,  M i s s i s s i p p i ,   w i l l   decide  whether  you  w i l l   be 
discharged  o r   r e t a i n e d   i n   t h e   A i r  Force  and,  i f   you  a r e   discharged,  how  your 
s e r v i c e  w i l l  be  c h a r a c t e r i z e d .  
f o r   r e e n l i s t m e n t   i n   t h e   A i r  Force. 

If  you  a r e   discharged,  you  w i l l   be  i n e l i g i b l e  

4.  You  have  the  r i g h t   t o   c o n s u l t   counsel.  M i l i t a r y   l e g a l   counsel  has  been 

I  have  made  a n   appointment 

you. 
a t  Bldg  0701,  Room  124,  on  (8 
s u l t   c i v i l i a n   counsel  a t  your  own  expens 

h t   t o   submit  s t a t e m e n t s   i n   your  own  behalf.  Any  state- 
e p a r a t i o n   a u t h o r i t y   t o   c o n s i d e r   must  r e a c h   m e   by 

f  a t  0 Qa hours  u n l e s s   you  r e q u e s t   and  r e c e i v e   an  exten- 

shown. 

I  w i l l   send  them  t o   t h e   s e p a r a t i o n   a u t h o r i t y .  

I f   you  f a i l   t o   c o n s u l t   counsel  o r   t o   submit  s t a t e m e n t s   i n   your  own  b e h a l f ,  

6. 
your  f a i l u r e  w i l l   c o n s t i t u t e   a  waiver  of  your  r i g h t   t o   do  so. 

7.  You  have  been  scheduled  f o r   a  medical  exam 
USAF  Medical  C e n t e r ,   K e e s l e r ,   a t  0700  hours  on 
examination. 

8.  Any  p e r s o n a l   information  you  f u r n i s h   i n   r e b u t t a l   i s   covered  by  t h e  P r i v a c y  
A c t   Statement  a s  e x p l a i n e d   i n  AFR  39-10,  Attachment  6. 
i s  
a v a i l a b l e   f o r   your  use  from  your  c a s e   worker. 

A  copy  of  AFR  39-10 

9.  Execute  t h e   a t t a c h e d   acknowledgement  and  r e t u r n   i t   t o   m e   immediately. 

8  Atch 
1.  Airman's  Acknowledgement 
2.  AF  Form  174,  3  May  90 
3.  AF  Form  3070  w/atchs,  19  Sep  90 
4.  DDP  L e t t e r   w/atchs,  27  Sep 90 
5.  AF  Form  174,  28  Nov  90 
6.  AF  Form  1058  w/atchs,  3  D e c   90 
7.  CPR  L e t t e r ,   3  Dec  90 
8.  AF  Form  366,  4  J a n  91