NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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MEMBER SITTING 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
1  3 
LETTER OF NOTIFICATION 
4  (  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDlTIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

(  TAPE RECORDMG OF PERSONAL APPEARANCE 

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HEARING DATE 

21 Oct 2004 

CASE NUMBER 

FD-2004-00171 

1  Case heard via video teleconference  between Travis AFB, CA and Andrews AFB, MD. 

,  - 

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR. 

1 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBFR 

FD-2004-00171 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  without  counsel  via  video- 
teleconference between Travis AFB, CA, and Andrews AFB, MD on October 2 1, 2004. 

The following additional exhibits were submitted at the 
Exhibit 5:  Character letter dated March  18,2004 fro 
Exhibit 6:  Character letter dated March 24,2004, fro 
Exhibit 7:  Character letter dated October  19, 2004, 

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. 

ISSUES: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh, and that his chain of 
command pressured him to accept the discharge.  The records reflect the applicant was discharged for 
unsatisfactory performance after being eliminated from two different technical training programs. 
Additionally, he had received two Articles  15, and a Record of Individual Counseling, all for alcohol-related 
incidents.  The record disclosed that applicant's  commander attempted to afford member a third retraining 
opportunity; while that was being worked, member had his third incident, which apparently caused 
reconsideration  about his retention.  A separation versus retention and retraining package was then processed 
and the decision authority determined separation to be the most appropriate action, after which the 
administrative discharge package was initiated.  At that time applicant waived his right to consult counsel or 
to submit statements in his own behalf.  Thus the Board found applicant's contention that he was pressured 
to accept the discharge to be without merit as he didn't  avail himself of the procedures provided him to reply 
to the discharge.  The DRB opined that through the extensive administrative actions taken to retain member 
after his first two technical school eliminations, the applicant had ample opportunities to succeed in the Air 
Force.  Because the purpose of the airman retraining program is to retrain members whose behavior, attitude, 
and record of performance show a high probability of success in subsequent duty assignments, his chain of 
command apparently eventually reached the conclusion he didn't meet those criteria.  Additionally, the 
Board concluded applicant's misconduct was a significant enough departure from conduct expected of all 
military members to warrant the characterization of discharge applicant received,  and found it appropriate. 

Issue 2.  Applicant contends that he should not bk penalized indefinitely for mistakes he made when young. 
The DRB recognized the applicant was 22 years of age when the discharge took place, as old as the vast 
majority of first-term members who properly adhere to Air Force's  standards of conduct.  And, there is no 
evidence he was immature or did not know right from wrong.  Thus the DRB concluded that the 
characterization of the applicant's discharge was appropriate due to his misconduct. 

Issue 3.  Applicant infers the discharge was inequitable 
opportunity to learn from his mistakes and be retained. 
gave his chain of command authority to recommend 
for further military service.  Facts and circumstances arc: 
case-by-case basis.  In doing so, a commander must 
order, discipline, and morale, and also factors such as the 
and the standards of acceptable conduct and performance. 
the military status of an individual and characterizes his 
properly followed in the applicant's  case. 

2ecause his chain of command did not give him an 
The Board notes the discharge regulations clearly 

adr~inistratively discharging him based on unsuitability 

different in each action and must be judged  on a 
consider how a member's  retention might affect good 
member's  age, length of service, grade, aptitude, 
Administrative separation is an action that severs 

service.  All required procedures to do so were 

CONCLUSIONS:  The  Discharge  Review  Board 
procedural  and  substantive  requirements  of the  discharge 
discharge authority and that the applicant was provided 

co7cludes  that  the  discharge  was  consistent  with  the 
regulation  and  was  within  the  discretion  of the 

full administrative due process. 

In view of the foregoing findings the Board further 
upgrade of discharge, thus the applicant's discharge sho-ild 

not be changed. 

con:ludes  that there exists no legal or equitable basis for 

Attachment: 
Examiner's Brief 

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DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Altus AFB, OK on 12 Sep 03 UP 
AFI 36-3208, para 5.26.1 (Unsatisfactory Performance).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Oct 80. Enlmt Age: 19 3/12.  Disch Age: 22 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-69,  E-57,  G-52, M-74. PAFSC: 1C131 -  Air Traffic Control 
Apprentice. DAS: 11 Dec 00. 

b.  Prior Sv: (1) AFRes 28 Jan 00 -  28 Mar 00  (2 months 1 day) (~nactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  29 Mar 00 for 6 yrs. Svd: 3 Yrs 5 Mo 15 Das, all AMS. 

b.  Grade Status:  A1C -  17 Oct 02 (Article 15, 17 Oct 02) 

SRA -  Unknown. 
A1C -  12 May 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Oct 02, Altus AFB, OK -  Article 111.  You, did, on 

or about 28 Sep 02, physically control a vehicle, to 
wit: a passenger truck, while the alcohol concentration 
in your breath was 0.10 grams of alcohol per 210 liters 
of breath or greater as shown by chemical analysis. 
Reduction to AlC, 45 days restriction, 45 days extra 
duty, and a reprimand. (No appeal)  (No mitigation) 

(2) 31 Aug 00, Keesler AFB, MS -  Article 92.  You, who knew 

of your duties, on or about 3 Jul 00, were derelict in 
the performance of those duties in that you willfully 
failed to abide by Second Air Force Phase Program 
restrictions, by failing to refrain from drinking 
alcoholic beverages while under age 21, as was your duty 
to.  Further, you, who knew of your duties, on or about 
3 Jul 00, were derelict in the performance of those 
duties in that you willfully failed to abide by Second 
Air Force Phase Program restrictions by failing to 
complete a travel itinerary prior to departing the local 
area, as it was your duty to do.  Thirty days 
correctional custody, and forfeiture of $502.00 pay. 
(No appeal)  (No mitigation) 

e.  Additional: RIC, 22 JAN 03 -  Poor judgement. 

f.  CM:  None. 

g.  Record of SV: 29 Mar 00 -  15 Oct 01  Altus AFB  4  (HAF Dir) 
16 Oct 01 -  15 Oct 02  Altus AFB  3  (Annual) 
16 Oct 02 -  06 Aug 03  Altus AFB  2  (HAF DirIREF 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA, C&CB. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (7) Mos  (16) Das 
TAMS:  (3) Yrs  (5) Mos  (15) Das 

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

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. ~pplicant's Issues. 
2. Character Reference. 

1 1 MAY  20% 

APPLICATION  FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED  FORCES OF THE  UNITED STATES 

(Please read instructions  o n  Pages 3 and 4 BEFORE completing this app'ication.) 

Form Approved 
O M B  NO. 0 7 0 4 - 0 0 0 4  
Expires Aug 31, 2 0 0 6  

The  public  reporting burden  for  this collect~on of  mformation  8s estimated  to average 30  mlnutes per  response,  including the time  for  reviewing  mstwctians,  searching  existing  data  sources, 
gathering and  maintaining the data  needed,  and completing and  reviewing the collection  of ~nformation. Send comments  regarding this  burden  estimate or  any other  aspect o f  this  collectior 
of  information,  including  suggestions for  reducing the burden,  to the  Department  of Defense,  Executive Services  and Communications  Directorate 10704-0004). Respondents  should  be aware 
that  notwithstanding any other  provis~on of  law,  no person  shall  be subject  to  any  penalty  for  failing  t o  comply with  a  collection  of  informat~on if  il  does  not  display a  currently valid  OME 
control  number.  PLEASE DO  NOT  RETURN YOUR  FORM  TO  THE  ABOVE ORGANIZATION.  RETURN COMPLETED FORM TO  THE  APPROPRIATE ADDRESS  ON 
BACK  OF THIS PAGE 

AUTHORITY:  10 U.S.C.  1553; E.O.  9397. 
PRINCIPAL PURPOSE(S):  T o  apply for  a change in  the characterization  or  reason for  military  discharge issued  t o  an  individual. 
ROUTINE  USE(S):  None. 
DISCLOSURE:  Voluntary; however, failure t o  provide  identifying  information  may  impede  processing  of  this application.  The request for 
Social  Security  Number  is  strictly t o  assure  proper  identification  of  the individual  and  appropriate records. 
1.  APPLICANT  DATA  (The person  whose discharqe  ;is 

to be reviewed).  PLEASE PRINT  OR TYPE INFORMATION. 

PRIVACY  ACT  STATEMENT 

2. DATE  OF DISCHARGE  OR SEPARATION  4.  DISCHARGE  CHARACTERIZATION  RECEIVED (X one) )  5.  BOARD ACTION  REQUESTED  (X one) 

I 

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(WYYMMDD) (If date IS more than  15 years 
ago, submrt a DD Form  149) 
20030912 

3.  UNIT AND LOCATION AT  DISCHARGE 

OR SEPARATION 

97 OSS A ~ ~ u s  AFl3 OK, 73523 

1  HONORABLE 

- -  

1  %  1  CHANGE TO  HONORABLE 

X:  GENERALIUNDER HONORABLE CONDITIONS 

UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT  (Soecral court-mama1 onlvl 
UNCHARACTERIZED 
OTHER  (Explain) 

CHANGE TO GENERALIUNDER 
HONORABLE CONDFTIONS 
CHANGETOUNCHARACTERIZED 
(Not aoohcable  for A I ~  Force1 
. 
.  -  - - .  
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

. - r r   ~

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Pa  e 3.) 

6.  ISSUES:  WHY AN  UPGRADE  OR CHANGE IS  REQUESTED AND JUSTIFICATION  FOR  THE REQUEST  (Continue in ltem  74.  See instructrons on 
I fee7 I was pressured into taking the Discharge by my commander and first seargeant. Counsel was available to me but the focus 
seemed to be Discharge. The only supporting documents I have is a letter from my former supervisor, Who has told me after the 
Discharge he felt I was wronged by the senior leadership in our squadron during the Discharge process. 

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7 .  (X i f  applicable) AN APPLICATION  W A S  PREVIOUSLY  SUBMITTED ON (YYYYMMDD) 

AND THIS FORM  IS SUBMITTED T O  ADD ADDITIONAL ISSUES,  JUSTIFICATION,  OR  EVIDENCE. 

8.  IN  SUPPORT  OF  THlS APPLICATION,  THE FOLLOWING  ATTACHED  DOCUMENTS  ARE  SUBMITTED AS  EVIDENCE:  /Continue in ltem  17. 

If military  documents or medical records are relevant to your  case, please send copies.) 

My personal account and request for Discharge to be changed 
Letter from my former supervisor 

9. TYPE OF REVIEW  REQUESTED  (X one) 

CONDUCT A  RECORD REVIEW OF MY  DISCHARGE BASED ON MY  MILITARY  PERSONNEL FILE AND ANY  ADDFTIONAL DOCUMENTATION 
SUBMITTED  BY  ME.  I AND/OR  (counsel/representative)  WILL NOT APPEAR  BEFORE THE BOARD. 
I ANDlOR  (counsel/iepresentative) WlSH TO APPEAR AT A  HEARING AT NO  EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON.  D.C.  METROWLITAN AREA. 
I ANDIOR  /counsel/iepresentative~ WlSH TO APPEAR AT A  HEARING AT  NO  EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING P A N U  CLOSEST TO 
/NOTE:  The Navy Discharge Review Board does not have a traveling panel.) 
(enter city and state) 

10.a.  COUNSELIREPRESENTATIVE  (If any) NAME /Last, First, Middle Initial) AND ADDRESS  I  b.  TELEPHONE NUMBER  /Include Area Code) 

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/See ltem  10 of  the instructions about counsel/representative.) 

c.  E-MAIL 

d.  FAX  NUMBER  (Include Area  Code1 

(Forward notification of any change in address.) 

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To: The Discharge Review Board 
Su biect: Discharge Review 

The reasons I feel that my  discharge should be upgraded to an honorable. 

I know that I may have made some questionable choices in my short military career and 
that I and only I can be held responsible for my  actions.  I only ask that my youthful 
decisions not hinder me for the rest of my life.  I was once asked if I regretted any 
decision that I have made in my life, my answer to that question is yes, that I would have 
stood up for my  self during the discharge process. 

The first incident that I was involved in when I joined the USAF was when I was in Air 
Traffic Control Schdol, Which I graduated in the top ten percent. Some classmates and I 
visited New Orleans for a weekend and most of us were underage but still we had some 
alcoholic beverages.  About a month after we returned to Keesler Air Force Base and 
with out incident, one of the Airman that was with us was caught stealing fiom other 
airmen in our squadron and he felt if he produced the tape of us drinking in New Orleans 
he would receive a lighter sentence. Of the group that went on the trip, five of the Airman 
including me was on the video tape drinking alcohol. One other Airman besides me stood 
up to the charges and admitted we were consuming alcohol. The others lied and were not 
charged even though they were clearly seen drinking alcohol on the tape. I received an 
article 15 and was sentenced to correctional custody for 30 days for underage drinking 
based on a one month old video tape 

The second incident that I was involved in was again my fault.  I had just  graduated my 
second tech school, Aerospace Physiology and was on my back from San Antonio Texas 
to Altus AFB in Oklahoma.  I had stopped in to see some old friends and have a couple of 
beers at the local bar at the age of 21.  After being there for an hour or so I became tired 
and left to go back to the base.  I made it onto the base with no problem and then 
proceeded to my dorm room.  I was approached by a security forces Airman for tapping 
the parking lot cement tire stop with my truck tire. He administered the field sobriety test. 
I was taken to the local police station in Altus city. I registered a .013 and was charged 
with a DUI. I received an article 15 with a stripe removed and was confined to the base 
for 30 days and  45 days of extra duty, lost my license for 1 year on base as well as 6 
months off base and was ordered to attend the ADAP program ( which I successfUlly 
completed). Ever since then,  and until my departure fiom the USAF in Sept 2003, I 
became the unofficial point of contact for every incident that involved airmen in the 
dorms.  I would be pulled in to face the commander to talk about the Airmen, he would 
ask me if I knew what the airman in the barracks were doing and if any illegal things 
were going on. 
My duty as a member of the USAF was to report any wrong doing, after many closed 
door sessions I felt used, when I refbsed to tell him what was going on he offered me a 

Discharge. I did not want to leave but I felt that it would be in my best interest to 
separate. I received a General Discharge under Honorable Conditions. 

I know I made my mistakes, but there were also many others that did worse things then 
me and were aloud to say in.  Since my  separation I have worked two jobs,  assisted the 
youth of Utah in Civil Air Patrol, have not been in any trouble and feel I have been a 
great asset to my  community.  I have also paid back the debt in-full for the remainder of 
my initial enlistment bonus of over 2,400 dollars. I would like to ask that you upgrade my 
discharge so as not to hinder me in the rest of my life's  pursuits.  I have learned a great 
and many lessons from my time in the United States Air force that I have carried over to 
my  new civilian career.  Please consider this request. Lf you do this to help me it would 
hrther me in my continuing efforts of to grow and maintain my self as a productive 
successfbl member of society.  I was not convicted by means of a Military Court-Martial. 
Please review my personnel record and please consider upgrading my discharge to 
Honorable. 

DEPARTMENT OF THE AIR  FORCE 

97th AIR  MOBILITY WING 

ALTUS  AIR  FORCE BASE OKLAHOMA 

FROM:  97 OSSICC 

SUBJECT:  Notification Letter 

1.  I am recommending your discharge fiom the United States Air Force for unsatisfactory duty 
performance.  The authority for this action is AFPD 36-32 and AFI 36-3208, chapter 5, section 
5E, paragraph 5.26.1.  If you are discharged your service may be characterized as honorable or 
general.  I am recommending that your service be characterized as general. 

2.  My reason for this action is on or about 29 Jul03,97 AMWICC, then Co 
recommended that you be separated from the United States Air Force in acco 
AFI 36-2626, Airman Retraining Program.  For this reason, this discharge package has been 
initiated. 

3.  Other data: 

a.  On or about 19 Jan 03, you exercised poor judgment when you allowed a fellow service 

member to operate a vehicle after he had been drinking.  For this misconduct, you received a 
Record of Individual Counseling. 

b.  On or about 28 Sep 02, you physically controlled a vehicle while drunk.  For this 

misconduct, you received an Article 15. 

c.  On or about 3 Jul00, you failed to refrain from drinking alcoholic beverages while under 
the age of 2 1.  In addition, on or about 3 Jul00, you failed to complete a travel itinerary prior to 
departing the local area.  For these instances of misconduct, you received an' Article 15. 

4.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM 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 funds may be subject 
to recoupment.  Additionally, if discharged, you will probably be precluded from enlistment in 
any component of the armed forces. 

5.  You have been scheduled for an initial separation briefing with MPF Separations.  You must 
report to Bldg 52, at 

on 2 1  4 u u   0'5 

6.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 

pointment for you to consult the Area Defense Counsel at Building 52 on 

7.  You have the right to submit statements in 
separation authority to consider must reach 
you request and receive an extension for good 
authority. 

you want the 

(3 duty days) unless 

8.  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. 

9.  You have been scheduled for a medical examination.  You must r e ~ o r t  to the base hos~ital. 
physical exams, at  1750 

.  on  2 1  &c, 

03 

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10.  Any personal information you hrnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in the unit orderly room. 

11.  Execute the attached acknowledgment and return it to me immediately. 

Commander 

Attachments: 
1.  Supporting Documents 

a.  97 AMWICC approval letter, dated 29 Jul03 
b.  RIC wlatch, dated 22 Jan 03 
c.  Article 15 wlatch, dated 18 Oct 02 
d.  Article 15 wlatch, dated 7 Sep 00 
2.  Member's Receipt of Notification Letter