I 
I NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

1  AMY 

X 

TYPE. GEN 

PERSONAL APPEARANCE 

RECORD REVIEW 

:  NAME O F  COUNSEL AND O R  ORGANIZATION 

ADDRESS AND OR ORGANlZATlON  O F  COUNSEL 

YES 

4 
No 
X 

A93.01 

IKDk:X  NI'MBLR 

A69.00 

I 

I 
EXIIIBITS SUBMITTED TO THE BOARD 

I 

I 

APPLICATION  FOR REVIEW OF DISCHARGE 

1  I  ORDER APPOINTPJG  THE BOARD 
2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

HEARING DATE 

CASE NUMBER 

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

TAPE RECORDING  OF PERSONAL APPEARANCE 

I 

04 Oct 2005 
.APPLICANT'S ISSUE AND THE BOAKD'S DECISIONAL RATIONAL ARE DISCUSSED  ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00115 

I 

I 

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 

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

TO: 

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

INDORSEMENT 

- 

DATE:  10/4/2005 

! 

SECRETARY  O F  THE AIR FORCE PERSONNEL COI  NClL 
AIR FORCE  DISCHARGE  KEVlEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 10762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

, 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00115 

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

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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code 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 does not contest his discharge.  He states that he didn't  realize what he was doing so he 
got into trouble with alcohol.  He would like a second chance and would like to join  the ANG.  The records 
indicated the applicant received an Article  15 for assaulting another airman by pointing a weapon at him and 
for transporting  a privately owned  firearm onto an Air  Force  Installation.  He also received  two  Letters  of 
Reprimand for misconduct relating to alcohol.  Applicant was eventually discharged for failure in the alcohol 
rehabilitation program.  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.  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 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 AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Vandenberg AFB, CA on 22 Jan 
02 UP AFI 36-3208, para 5.32 (Alcohol Rehabilitation Failure).  Appeals for 
Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 7 Aug 79.  Enlmt Age: 18 4/12.  Disch Age: 22 5/12. Educ: HS DIPL. 
AFQT: N/A.  A-29,  E-35,  G-34,  M-49. PAFSC: 3E251 -  Pavenments &  Construction 
Equipment Journeyman:  DAS: 15 Jun 99. 

b.  Prior Sv:  (1) AFRes 5 Jan 98 -  11 Aug 98 (7 months 7 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Aug 98 for 4 yrs. Svd: 3 Yrs 5 Mo 11 Das, all AMS. 

b.  Grade Status:  AB -  17 Aug 01 (Article 15, 17 Aug 01) 

A1C -  12 Dec 99 
Amn  -  12 Feb 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Aug 01, Vandenberg AFB, CA -  Article 128.  You did, 

pointing at him with a dangerous weapon', to 

on or about 21 Jul 01, commit an assault upon 
-by 
wit: a pistol.  Article 92.  You, who knew or should 
have known of your duties, on or about 21 Jul 01, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from transporting a 
privately owned firearm onto an Air Force Installation, 
as it was your duty to do.  Reduction to Airman, 15 days 
restriction, and 15 days extra duty.  (Appeal/Denied) (No 
mitigation) 

e.  Additional: LOR, 26 SEP 00 -  Damage to military property while under 

LOR/UIF, 2 JUL 99 -  Dereliction of duty for underage 

the influence of alcohol. 

drinking. 

f.  CM:  None. 

g.  Record of SV: 12 Aug 98 -  11 Apr 00  Vandenberg AFB  4  (Initial) 
12 Apr 00 -  11 Apr 01  Vandenberg AFB  5  (Annual) 

12 Apr 01 -  05Nov 01  Vandenberg AFB  3  (Cmdr Dir)REF 

h.  Awards &  Decs:  AFAM, AFTR, AFOUA W/1 DEV. 

i.  Stmt of Sv:  TMS:  ( 4 )   Yrs  (0) Mos  (18) Das 
TAMS:  (3) Yrs  (5) MOS  (11) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 7 Jan 05. 

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

for Discharge) 

Issue 1:  To change my discharge so I may reinlist  (sic) into the Air 

National Guard. 

Issue 2:  As a young Airman, I didn't relize  (sic) what I was doing with 

myself.  So I got into trouble with alcohol.  Fighting and not really sure what 
I was doing.  If at all possibly  (sic) I wish to request an upgrade of my 
discharge.  I am writing this to you in person to show that I really would like 
a second chance.  I have grown up a lot since I have been discharged from the 
Air Force.  I have recently been married, purchased a house, and held a steady 
job.  Please review my request and give me a chance to prove to you the board, 
all my family, and anyone that I have disappointed in my past. 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR  FORCE 

30TH SPACE WING (AFSPC) 

F D @ S - ~ /  15 

FROM:  30 CESICC 

SUBJECT:  Notification of Administrative Discharge Action Under AFI 36-3208 

1.  I am recommending your discharge from the United States Air Force for failure in the 
Alcohol and Drug Abuse Prevention and Treatment (ADAPT) program.  The authority for this 
action is AFPD 36-32 and AFI 36-3208, paragraph 5.32.  If my recommendation is approved, 
your service may be characterized as General, Under Honorable Conditions (General).  I am 
recommending your discharge be characterized as General, Under Honorable Conditions. 

2.  My reasons for this action are: 

a.  On or about 9 Jul99, you consumed alcohol while under the legal drinking of 21.  As 

a result, you received a Letter of Reprimand (LOR) dated 26 Jul99.  An Unfavorable 
Information File (UIF) was established on 28 Jul99. 

b.  On or about 26 Sep 00, you damaged military property (1 lawn chair) while under the 

influence of alcohol.  As a result, you received an LOR dated 26 Sep 00. 

c.  On or about 17 Aug 0 1, you received non-judicial punishment under Article 15, 

UCMJ for assaulting another Air Force member with a deadly weapon while under the influence 
of alcohol and wrongfully transporting a privately owned firearm onto Vandenberg AFB, CA. 
Your punishment consisted of a reduction to the grade of Airman, with a new date of rank of 17 
Aug 01, restriction to Vandenberg AFB, CA for 15 days and 15 days extra duty.  This Article 15 
was placed in your Unfavorable Information File (UIF). 

d.  In December 2000, you were entered into the ADAPT Program after repeated 

disciplinary infractions involving the use of alcohol.  As part of this program, a set of goals is 
established by a treatment team (TT) according to AFI 44-12 1.  When the TT determines that the 
objectives have been met, a patient is considered as having successfully completed the ADAPT 
Program.  Failure in the ADAPT Program occurs when the TT determines that the member has 
continued to fail to meet Air Force standards regarding both behavior and the use of alcohol. 

e.  On or about 25 Jul01, your treatment team determined that, based on an alcohol- 
related incident you were involved in on the previous weekend, along with two other alcohol- 
related incidents, you should be considered a failure in the ADAPT Program. 

GUARDIANS OF THE HIGH FRONTIER 

3.  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 
discharge action is approved, how your discharge will be characterized. If you are discharged, 
you will be ineligible for reenlistment in the Air Force.  Furthermore, any special pay, bonuses, 
or education assistance you have received may be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult 
Counsel, Building 8500, ext. 6-3627128, at 
may consult civilian counsel at your own expense. 

9 at the Area Defense 
. You 
1l.l &,&I 

hours on 

0700 

\ 

5:  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  \ 7 d -hC 
request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

(3 duty days) unless you 

I 

6.  If you fail to consult counsel or to submit matters in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to 30 MDG 
at 

h o u r s o n q M o i .  

8.  Any personal information you furnish in rebuttal to this action is covered by the Privacy Act 
of 1974.  A copy of AFI 36-3208 is available for your use at the office of the Area Defense 
Counsel, Building 8500. 

9.  Execute the attached acknowledgment and return it to me i&nc 

Commander 

Attachments: 
1.  AFForm1137,9Jul99 
2.  LOR, 26 Ju199 
3.  LOR, 26 Sep 00 
4.  SF For131  600,25 3~101- 
5.  AF Form 3070,17 Aug 01 
6.  AFForm 1137,21 Sep01 
7.  30 MDGISGOH Memo, 6 Nov 01