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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE INITLAL) 

I  GRADE 

I  AFSNISSAN 

NAME OF COUNSEL AND OR ORGASIZATlON 

ADDRESS AND OR ORGANIZATION  OF COUNSEL 

MEMBER SITTING 

1 
ORDER APPOINTING THE BOARD 
2 
APPLICATION  FOR REVIEW O F  DISCHARGE 
3 
LElTER OF NOTIFICATION 
1  4  1  BRIEF OF PERSONNEL FILE 

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

TAPE  RECORDING 01: PERSONAL APPEARANCE 

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HEARING  DATE 

27 Sep 2005 

CASE NUMBER 

Case heard at Washington, D.C. 

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

Names and votes will be made available to the applicant at the applicant's request. 

+ CHANGE REASON A I D  AUTIIORITYqqCONDUCT  PREJUDICIAL TO  GOOD ORDER AND DISCIPLINE 

I  TO: 

SAFIMKBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-1742 

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FROM: 

SECRETARY  O F I I I E  AIR FORCE PERSOYYEL COL'NCII. 
AIR FORCE DLSCIiARCE REVIEW  BOARD 
1535 COMMAND DR.  EE WING, 3RD ELOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V?) 

Previous edition will be used 

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I 
I 

I 

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

The applicant appeared and testified before the Discharge Review Board (DRB) without counsel at Andrews 
AFB, MD, on 27 Sep 2005. 

The following additional exhibits were submitted at the hearing: 

Exhibit #6:  Memorandum from Ellsworth AFB, SD, Area Defense Counsel, dated 27 Jun 90. 
Exhibit #7: Copy of AFR 39-10 Discharge Board Proceeding Transcripts, 19-20 Apr 90 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The  discharge  is  upgraded  to  general  and  the  reason  and  authority  is  changed  to  Conduct 
Prejudicial  To  Good  Order  And  Discipline.  The  Board  finds  that  neither  the  evidence  of  record  nor  that 
provided by  applicant substantiates an impropriety that would justify  a change of discharge.  However, based 
upon  the  record  and  evidence  provided  by  applicant, the  Board  finds the  applicant's  characterization  and 
reason and authority for discharge inequitable. 

ISSUE:  Applicant received a UOTHC discharge in Jul90 for Misconduct - Commission of a Serious 
Offense.  His case file contains two Article  15s for his most recent period of service, both for DUI,  and three 
Article  15s for previous periods of service, two for DUI and one for sleeping on post. 

Applicant contends that his ability to serve was impaired by his use of alcohol as he has been diagnosed by 
competent medical authority as an alcoholic, he has been able to control this since 1990, and it has been in 
complete remission since 1997.  Although  applicant provided no documented evidence that he has been 
diagnosed as an alcoholic by competent medical authority or that it has been in complete remission since 
1997, he states that he self-identified for alcohol treatment programs after his separation, is still enrolled in 
the  12-Step Program, and that getting married in 1997 has solidified his sobriety. The DRB took note that all 
but one incident of member's documented misconduct over more than a 13 year period was alcohol related, 
and that he had been enrolled in three alcohol rehabilitation programs prior to his separation. He contends 
that his commander at the time of discharge stated he believed  applicant was deserving of an Honorable 
Discharge but was directed to offer him a General Discharge, that at the Administrative Discharge Board, his 
commander testified that he should have an Honorable Discharge (applicant later changed his issue to state 
that his commander's testimony was that he should receive a General Discharge), and that he was informed 
by  legal counsel after the Board made their decision that the reason they selected a UOTHC was to send him 
a strong message to stop drinking.  Although there is no documented evidence that his commander ever 

hould receive a General Discharge, and that the Board recommended  a UOTHC Discharge to send applicant 
strong message. He also contends that his performance  and conduct were consistently rated excellent as 

ced by his performance reports from 1977 through 1990, the fact that he received the AFCM and 
M and the fact that he was personally  selected to augment HQ PACAF IG Team, and that his record 

promotions and prior Honorable Discharge showed he was a good service member. The DRB took note of 
e applicant's duty performance as documented by his performance reports and decorations during this and 

was not involved in any accidents.  The DRB concluded that a general discharge with the reason being 
Conduct Prejudicial To Good Order and Discipline were the more appropriate characterization and reason 
and authority for his discharge. 

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. However, in view of 
the  foregoing findings,  the  Board  further  concludes  that  the  overall  quality  of  applicant's  service  is more 
accurately reflected by  a General Under Honorable Conditions discharge and the reason  for the discharge is 
more  accurately  described  as  Conduct  Prejudicial  to  Good  Order  and  Discipline.  The  applicant's 
characterization  should  be  changed  to  General Under  Honorable  Conditions  and  the  reason  for  discharge 
should  be  changed  to  Conduct Prejudicial  to  Good  Order  and Discipline under  the  provisions of  Title  10, 
USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE  AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former SSGT) (HGH TSGT) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a UOTHC Disch fr Ellsworth AFB, SD on 2 Jul 
90 UP AFR 39-10, para 5-49d (Misconduct -  Commission of a Serious Offense). 
Appeals for an Honorable Discharge, and to Change the RE Code, Reason and 
Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 1 Jan 56.  Enlmt Age: 21 3/12.  Disch Age: 34 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-69,  E-73,  G-88,  M-81. PAFSC: 70270 -  Information Management 
Technician. DAS: 5 Oct 89. 

b.  Prior Sv:  (1) ~nlisted as AB 26 Apr 77 for 4 yrs.  Extended 7 Mar 79 

for 12 months.  Extended 17 May 79 for 1 month.  Extended 6 May 81 for 6 months. 
Reenlisted as SSgt 13 Aug 82 for 4 yrs.  Svd: 8 yrs 1 month 30 days, all AMS. 
AMN-(APR Indicates): 26 Apr 77-25 Apr 78.  A1C-(APR ~ndicates): 26 Apr 78-20 Oct 
78.  SrA-(APR Indicates): 14 May 79-14 Mar 80.  Sgt-(APR Indicates): 15 Mar 80-14 
Mar 81.  SSgt -  1 Jul 81.  APRs: 7,8,9,9,9,9,9,9,9,9. 

ART 15's: (1)  4 Apr  80, Wiesbaden AB, Germany -  Article 113.  You were, 

on or about 28 Feb 80, at Rhein-Grafenstein, Federal 
Republic of Germany, being posted as entry controller, 
found sleeping upon your post on two separate occasions. 
Forfeiture of $150.00 per month for two months.  (No 
appeal) (No mitigation) 

(2)  3 Mar 81, Wiesbaden AB, Germany -  Article 111.  You did, 

on or about 20 Feb 81, on Theodor Heusa Ring, operate a 
vehicle, to wit: a passenger car, while drunk. 
Forfeiture of $250.00 for one month.  (No appeal) (No 
mitigation) 

( 3 )   13 Jul 84, Eglin AFB, FL -  Article 111.  You did, on or 

about 6 Jul 84, at the West Gate, operate a motorcycle 
while drunk.  Forfeiture of $400.00 per month for one 
month  (in excess of $200.00 suspended). (No appeal) (No 
mitigation) 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Reenlisted as SSgt 26 Jun 85 for 5 yrs.  Extended 27 Sep 88 for 2-- 

months. Svd: 5 Yrs 0 Mo 6 Das, all AMS. 

.. 

- -. 

b.  Grade Status:  SSgt -  12 Mar 90 (~rticle 15, 12 Mar 90) 

TSgt -  1 Apr 86. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 12 Mar 90, Ellsworth AFB, SD -  Article 111.  You did, 
at or near Box Elder, South Dakota, on or about 4 Mar 
90, at or near County Road #223, operate a vehicle, to 
wit: a passenger vehicle, while drunk.  Reduction to 
SSgt, forfeiture of $250.00 pay per month for 2 months, 
and 30 days extra duty. (No appeal) (No mitigation) 

(2) 1 Oct 86, Misawa AB, Japan -  Article 111.  You did, at 

Misawa AB, Japan, on or about 27 Sep 86, on A Street, 
Main Gate, operate a vehicle, a passenger car, while 
drunk.  Suspended reduction to SSgt.  Forfeiture of 
$400.00 pay per month for two months.  (No appeal) (No 
mitigation) 

e.  Additional: None. 

f.  CM:  None. 

\ 

g.  Record of SV: 02 Mar 85 -  18 Aug 85  Eglin AFB  9  (CRO) 

19 Aug 85 -  18 Aug 86  Misawa AB  9  (Annual) 
19 Aug 86 -  15 May 87  Misawa AB  9  (CRO) 
16 May 87 -  15 May 88  Misawa AB  9  (Annual) 
16 May 88 -  15 May 89  Misawa AB  9  (Annual) 

h.  Awards &  Decs:  AFCM, AFOUA, AFGCM, AFOSLTR, AFLSAR W/2 OLCS, SAEMR, 

AFTR . 

i.  Stmt of Sv:  TMS:  (13) YrS  (2) Mos  (7) Das 
TAMS: (13) Yrs  (2) MOS  (7) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Feb 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Five Character References. 

APPLICATION FOR THE RE VIE^ OF DISCHARGE OR DISMISSAL FROM 

THE ARMED FORCES OF THE UNITED STATES 

Attachment 7 to DD Form 293, Section 8. - ISSUES 

Dear Discharge Review Board: 

The following issues are the reasons I believe my  discharge should be upgraded to Honorable.  If you 
disagree, please explain in detail why you disagree.  The presumption of regularity that might normally 
permit you to assume that the service acted correctly in characterizing my service as less than honorable 
does not apply to my case because of the evidence I am submitting. 

1.  My use of alcohol and subsequent off-duty infractions for driving while under the influence impaited 
my  ability to serve.  Diagnosis by  competent medical  authority indicates I suffer from the  disease of 
alcoholism.  I  have  been  able to  successfully control the disease since  1990; it has been in complete 
remission since 1997. 

2.  My  performance and  conduct were  consistently rated  excellent as evidenced by  my performance 
reports from 1977 through  1990.  The senior endorsement level of these reports strongly indicates my 
performance  and  character  during  those  periods  exceeded  those  of  many  of  my  peers.  Supporting 
documents (Attachments 1 through 6) show my continued performance and community service through 
the present. 

3.  I received the Air Force Commendation Medal, Air Force Good Conduct Medal, and was personally 
selected to augment the Headquarters PACAF Inspector General Team. 

4.  My record of promotions and prior Honorable Discharge showed I was a good service member. 

5.  My colnmanding officer at the time of discharge stated he believed I was deserving of an Honorable 
Discharge  but  was  directed  to  offer  me  a  General  Discharge.  I  accepted  the  option  to  have  an 
administrative hearing where my commander testified to his belief that I should receive an Honorable 
Discharge.  Numerous  letters  of  support @om previous  commissioned and  senior noncommissioned 
officers were in agreement.  I was informed by legal counsel after the administrative discharge board 
made  their  decision  that  the  reason  they  elected  to  characterize my  service  as  Under  Other  Than 
Honorable Conditions was to send me a strong message that I should stop drinking.  I truly believe their 
decision did not objectiveIy weigh all the facts in characterizing my service to our country. 

6.  I respectfully request you review the evidence presented to the 1990 administrative discharge board 
and change my discharge from the Air Force to Honorable and the reason for discharge to Convenience 
of the Government. 

Very respectfully, 

D E P A R T M E N T  O F  T H E  AIR  F O R C E  

H E A D Q U A R T E R S  2 8 T H   B O Y B A R D M E N T   WING  (SAC) 

E L L S W O R T H   ~ I R  

F O R C E  BASE.  S D  57706 

N o t i f i c a t i o n   L e t t e r   -  Board  Hearing 

28  Mar  90 

1.  I am  recommending  y o u r   discharge  from  t h e   United  States  A i r   Force  f o r   t h e  
c o m i s s i o n   o f  s e r i o u s   offenses  according  t o  AFR  39-10,  under  t h e   p r o v i s i o n   o f  
paragraph  5-49d.  Copies  o f   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   t o  support  t h i s   recommendation  a r e   attached. 

2 .   My  reasons  f o r  t h i s   a c t i o n   are: 

a.  On  o r  about  4  Mar  90,  you  operated  a  passenger  v e h i c l e   w h i l e   drunk  a t   o r  

near  Box  E l d e r ,   SO. 

b.  On  o r  about  27  Sep  86,  you  operated  a  passenger  v e h i c l e   w h i l e   drunk  a t  A 

S t r e e t   on  Misawa  AB,  Japan. 

3.  T h i s   a c t i o n   c o u l d   r e s u l t   i n  your  separation  w i t h   an  under  o t h e r   t h a n  
honorable  c o n d i t i o n s   discharge.  I am  recommending  t h a t  you  r e c e i v e   a  general 
discharge.  The  commander  e x e r c i s i n g   SPCM  j u r i s d i c t i o n   o r  a  h i g h e r   a u t h o r i t y   w i l l  
make  t h e   f i n a l   d e c i s i o n   i n  t h i s   matter. 
i n e l i g i b l e  f o r   r e e n l i s t m e n t   i n  t h e   A i r   Force. 

I f  you  a r e   discharged,  you  w i l l   be 

4.  You  have  t h e   r i g h t  t o :  

a.  Consult  l e g a l   counsel. 

b.  Present  y o u r   case  t o  an  a d m i n i s t r a t i v e   discharge  board. 

c.  Be  represented  by  l e g a l   counsel  a t   a  board  hearing. 

d.  Submit  statements  i n  y o u r   own  b e h a l f   i n  a d d i t i o n   t o ,   o r   i n  l i e u  o f ,   t h e  

board  hearing. 

e.  Waive  t h e   above  r i g h t s .   You  must  c o n s u l t   l e g a l   counsel  b e f o r e  making  a 

d e c i s i o n   t o  waive  any  o f  y o u r   r i g h t s .  

5.  You  were  scheduled  f o r   a  medical  examination.  You  should  have  r e p o r t e d   t o  
t h e   Base  H o s p i t a l ,   P h y s i c a l   Exams  a t   0815  on  22  Mar  90. 

has  been  o b t a i n e d   t o  
6.  M i l i t a r y   l e g a l   counsel 
a s s i s t  you.  An  appointment  has  been  scheduled  f o r  you  t o   c o n s u l t   h i m  on  29  fdar 90 
a t   1 4 3 b  B l d g  2405. 
I n s t e a d   o f  t h e  appointed  counsel,  you  may  have  another,  if 
t h e   lawyer  you  r e q u e s t   i s   i n  t h e   a c t i v e   m i l i t a r y   s e r v i c e   and  i s  reasonably 

a v a i l a b l e   as  determined  according  t o  AFRzllL-1. 
you  have  t h e   r i g h t  t o  employ  c i v i l i a n   counsel.  The  A i r   Force  does  n o t   pay 
expenses  i n c i d e n t   t o  t h e   employment  o f   c i v i  1 i a n   counsel.  C i v i  1 i a n  counsel,  i f  
employed,  must  be  r e a d i l y   a v a i l a b l e .  

I n  a d d i t i o n   t o  m i l i t a r y   counsel, 

7.  Confer  w i t h  your  counsel  and  r e p l y ,  
i n  w r i t i n g ,   w i t h i n   7  workdays,  s p e c i f y i n g  
t h e   r i g h t s  you  choose  t o  exercise.  The  statement  must  be  signed  i n  t h e   presence 
of  y o u r   counsel  who  a l s o   w i l l   s i g n   it.  I f  you  waive  y o u r   r i g h t   t o  a  h e a r i n g  
before  an  a d m i n i s t r a t i v e   discharge  board,  you  may  submit  w r i t t e n   statements  i n  
y o u r   own  b e h a l f .   I w i l l   send  t h e   statements  t o  t h e   discharge  a u t h o r i t y   w i t h   t h e  
case  f i l e   t o  be  considered  w i t h   t h i s   recommendation. 
f a i l u r e   w i l l   c o n s t i t u t e   a  waiver  o f  t h e   r i g h t   t o  t h e   board  hearing. 

I f  you  f a i l  t o  respond,  your 

8.  Any  personal  i n f o r m a t i o n  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   Act 
Statement  as  explained  i n  AFR  39-10,  attachment  6. 
a v a i l a b l e   f o r  y o u r   use. 

A  copy  o f  AFR  39-10  i s  

9.  Execute  t h e   attached  acknowledgment  and  r e t u r n   i t  t o  me 

immediately. 

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commander 

3  Atch 
1.  Supporting  documents 
2. 

~ o c u m e n t s - c o n t a i  n i n g  derogatory 
information-which 
t h e   n o t i f i c a t i o n   l e t t e r  
3.  Airman's  acknowledgment 

i s  n o t   l i s t e d   i n