PERSONAL APPEARANCE 

ANUATION OF COUNSEL 

MEMBER SITTING 

ISSUES  A93.19 

(  IRDOXNUMBLR  A67.50 

(  1  ]  ORDER APPOINTING THE BOARD 
2  ]  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 

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HEARlNG DATE 

11 Oct 2005 

CASE NUMBER 

FD-2005-00164 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witWwithout 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. 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

1  FROM: 
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SECRETARY OF THE AIR FORCE PERSONNEL COUNCU 
AIR FORCE DISCHARGE REVlEW BOARD 
1535 COMhlANDDR EE WMC. 3RD FLOOR 
ANDREWS AFB, MD20762-7002 

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AFHQ  FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00 164 

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

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 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 he was immature.  The records 
indicated the  applicant received  a  general  discharge for  a  pattern  of  misconduct  and  failure in  the  alcohol abuse 
treatment.  For  his  misconduct he  received the  following:  an  Article  15 for being  disrespectful in  language to  a 
noncommissioned  officer,  underage  drinking,  and  driving  while  under  the  influence  of  alcohol;  seven  Letters  of 
Reprimand  for  failure  to  go  and  obey  a  lawful  order,  drinking  and  possession  of  alcoholic beverages  underage, 
disrespect to  a  superior  commissioned officer  and  superior noncommissioned  officer,  lying,  uniform  not  within 
standards, late returning from breakfast and lunch, improper conduct in the duty area, and a civil arrest for assault; and 
a  Letter  of  Counseling  for  dereliction  of  duty.  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 fiom conduct expected of all military members.  The characterization of the discharge received 
by the applicant was found to be appropriate. 

Issue 2.  Applicant states that the charges of his civil arrest were dropped and if the incident had been looked into he 
would still be in the milita~y. This issue is without merit as the applicant did not provide any documentation to 
support this issue.  The Board concluded the discharge was appropriate for the reasons which were the basis for this 
case. 

Issue 3 applies to the applicant's post-service activities and desires for a government job or a job in law enforcement. 
The DRB was pleased to see that the applicant was doing well and has a good job.  However, no inequity or 
impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the 
misconduct of the applicant appropriately characterized his term of service. 

If the applicant can provide additional documented information to substantiate an issue, he should consider exercising 
his right to make a personal appearance before the Board.  If he should choose to exercise his right to a personal 
appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any 
exemplary post-service accomplishments as well as any contributions to the community. 

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 A1C)  (HGH A1C) 

1.  MATTER  UNDER  M I E W :   Appl rec'd a GEN Disch fr Luke AFB, AZ on 9  May 03 UP 
AFI 36-3208, para 5.50 and 5.32.1 (Pattern of Misconduct and Failure in Alcohol 
Abuse Treatment).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

.a. DOB: 25 Feb 82.  Enlmt Age: 18 4/12.  Disch Age: 21 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-46,  E-37,  G-34,  M-32. PAFSC: 3M051 - Services Journeyman. 
DAS: 9 Dec 00. 

b.  Prior Sv: (1) AFRes 29 Jun 00 - 7 Aug 00 (1 month 9 days) (Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB  8 Aug 00 for 4 yrs. Svd: 2 Yrs 9 Mo 2 Das, all AMS. 
b.  Grade Status:  A1C -  2 Feb 03 

Amn  -  2 Apr 02  (Article 15, 2 Apr 02) 
A1C -  8 Dec 01 
Amn  -  8 Feb 01 

c.  Time Lost:  None. 

.  . 

d.  Art 15's:  (1) 2 Apr 02, Luke AFB, AZ -  Article 91.  You, were, on or 
about 11 Mar 02, disrespectful in language towards SSgt 
*. 
a noncommissioned officer, then known 
by you to be a noncommissioned officer, who was then in 
the execution of his office, by saying to him, "fuck 
you," or words to that effect.  Article 92.  You, who 
knew of your duties, on or about 11 Mar 02, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcohol while 
under the age of twenty-one, as it was your duty to do. 
Article 111.  You, did, on or about 11 Mar 02, near the 
main gate, physically control a vehicle, to wit: a 
passenger car, while the alcohol concentration in your 
breath was .10 grams of alcohol per 210 liters of breath 
or greater as shown by chemical analysis.  Reduction to 
Airman, and 30 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 17 APR 03 -  Civil arrest for assault. 

LOR, 12 SEP 02 -  Failure to maintain dorm room within 

standards. 

LOR/UIF, 29 JUL 02 -  Failure to obey a lawful order. 
LOC, 09 JAN 02 -  Dereliction of duty. 
LOR, 27 AUG 01 -  Possession of alcoholic beverages 

LOR, 11 AUG 01 -  Failure to have facial hair within 

underage. 

standards. 

LOR, 11 AUG 01 -  Underage drinking. 
LOR, 02 FEB 01 -  Disrespect to a superior commissioned 

officer, and a superior noncommissioned 
officer. Uniform not within standards, and 
lying.  Late returning from breakfast and 
lunch, improper conduct in the duty area. 
Additionally counseled on proper dress and 
apprearance standards. 

f.  CM:  None. 

g.  ~ecord of SV: 8 Aug 00 -  7 Apr 02  Luke AFB  3  (1nitial)REF 

8 Apr 02 -  2 Feb 03  Luke AFB  4  (Cmdr Dir) 

h.  Awards &  Decs :  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (2) Yrs (10) Mos  (11) Das 

TAMS: (2) Yrs (9) Mos  (2) Das 

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

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

(USUPRT~NG 

WCUMEKIS (Xas app/icab/e)  (Please print name and Soda1 Security Number on each d o t ~ ~ t )  

1  1 1 WILL NOT BE SUBMTTTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 
1 

I ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION; (Cont/nue on a pM sheet ofpaper if m a  space b needed.) 

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The Board will consider any issue submitted by you prior to closing the case for deliberation.  The Board will also review the case to - 

determine whether there are any issues that provide a basis for  upgrading your discharge.  However, the Board Is not required to respond in 
writing to Issues of concern to you unless those issues are listed or incorporated by specific reference belo&  Carefully read the Instructions 
that pertain to Block 8 prlor to completing this part of the application.  If you need more space,  submit additional issues on'an  attachment. 

I PRMOUSLY SUBMllTED AN APPLICATION ON mterdatc) 
AND A M  COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 

I X I THE ABOVE ISSUES SUPERSEDE ALL PREVIWSLY SUBMITTED. 

9.  CERTIFICATION 

I make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully  making a false 

statement. (U.S. Code,  TMe  78,  Sectbn 7007, pvovides that an indivdualshall be fd d e r  this title of impersomdmt m e  than 5year.s 
of both.) 

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ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St.  Louis, MO  631 32-5200 
(See http://arba.army.pentagon.mil) 
DD FORM 293, DEC 2000 

( 

N A W  & MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Rm. 309 (NDRB) 
Washington Navy Yard,  DC 
20374-5023 

1 

AIR FORCE 

SAFIMIBR 
550.C Street West,  Suite 40 
Randolph AFB,  TX  781 50.4742 

COAST GUARD 

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Commandant (GWPM) 
2100 Second Street, S.W. 
Washington, DC  20593-0001 

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Page 2 of 4 Pages 

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DEPARTMENT OF THE AIR FORCE 

56'  Services Squadron (AETC) 
Luke Air Force Base, Arizona 

F p w . 5 - ~ 6 y  

DATE: 2  +f 03 

MEMORANDUM FOR A1 C 

FROM:  56 SVSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Pattern of  . 
Misconduct and Failure in Alcohol Abuse Treatment.  The authority for this action is AFPD 36- 
32 and AFI 36-3208, paragraphs 5.50 and 5.32.1.  I am recommending that Pattern of 
Misconduct be the primary basis for your discharge.  If my recommendation is approved, your 
service will be characterized as either honorable or general.  I am recommending your service be 
characterized as general. 

2.  My primary reasons for this action are: 

a.  On 29 Jan 01, you failed to show proper military respect to an officer and made a false 

statement to a senior noncom;nissioned  officer.  On 2 Feb 01, you failed to go to your appointed 
place of duty at the prescribed time and failed to maintain proper military dress and appearance. 
For this misconduct you received a Letter of Reprimand, dated 2 Feb 01. 

b.  On 10 Aug 01, you failed to refrain from consuming alcohol while under the legal age of 

2 1.  For this misconduct you received a Letter of Reprimand, dated 1 1 Aug 0 1. 

c.  On 1 1 Aug 01, you failed maintain proper military dress and appearance.  For this 

misconduct you received a Letter of Reprimand, dated 1 1 Aug 01. 

d.  On 21-Aug 01, you were in possession of an open alcoholic beverage while under the legal 

age of 21.  For this misconduct you received a Letter of Reprimand, dated 27 Aug 0 1. 

e.  On 9 Jan 02, you were sleeping while on duty.  For this misconduct you received a Letter 

of Counseling, dated 9 Jan 02. 

f.  On 11 Mar 02, you failed to refrain from consuming alcohol while under the legal age of 
2 1, took control of a vehicle while intoxicated, and were disrespectful to a noncommissioned 
officer.  For this misconduct you received an Article 15, dated 2 Apr 02.  Your punishment 
included reduction to E-2 and 30 days extra duty.  An Unfavorable Information File (UF) was 
established. 

g.  On 25 Jul02, you failed to obey the 56th Fighter Wing Dormitory Standards.  For this 

misconduct you received a Letter of Reprimand, dated 29 Jul02.  This action was filed in your 
existing UIF. 

h.  On  10 Sep 02, you failed to maintain your dormitory room within standards.  For this 

misconduct you received a Letter of Reprimand, dated 12 Sep 02. 

i.  On 12 Apr 03, you were apprehended by the Scottsdale Police Department for aggravated 
assault, specifically, you bit the lip of a female companion.  For this misconduct you received a 
Letter of Reprimand, dated 17 Apr 03.  This action was filed in your existing LTIF. 

3.  My secondary reasons for this action are: 

a.  On 30 Aug 01, you were referred to the Luke AFB Alcohol Drug Abuse Prevention and 
Treatment (ADAPT) program for an underage drinking incident and coming in the duty area, 
while off duty, smelling of alcohol on 3 separate occasions.  After evaluation you were diagnosed 
with Alcohol Abuse and enrolled in the Level 0.5 Educational Class.  You completed this class 
on 11 Oct 01. 

b.  On 6 May 02, you were again referred to ADAPT after receiving an on-base DUI.  Again 

you were diagnosed with Alcohol Abuse and enrolled in the Level 11 Intensive Outpatient 
Program (IOP). 

c.  On 12 Aug 02, per request of the 56 SVS First Sergeant, your medical profile was changed 
so that you may deploy to a location where you would have no access to alcohol.  Although you 
had not completed your treatment, it was agreed that you could deploy with the understanding 
that upon your return, you were to complete your ADAPT treatment.  You did not follow up with 
ADAPT upon return to Luke AFB. 

d.  On 15 Apr 03, you were again referred to the ADAPT office following your arrest by the 
Scottsdale Police Department for Aggravated Assault.  It was reported that you got into a verbal 
altercation with a female and reportedly bit her lip.  It was further reported that you had been 
drinking at the time of the incident.  During the evaluation, you were asked why you never 
followed up with ADAPT upon return fiom deployment and you related to the ADAPT NCOIC 
that you thought you were done with ADAPT.  The prior ADAPT NCOIC was contacted for 
clarification and stated that you were not only aware that you had to follow up with ADAPT, but 
were deployed with the ADAPT NCOIC at the same time who reminded you of your follow up 
during your deployment. 

e.  On 22 Apr 03, an ADAPT evaluation team determined you failed to complete the ADAPT 
program due to lack of follow up, continued alcohol abuse, as well as your lack of integrity.  The 
treatment team feels as though you have been offered the appropriate resources to assist you and 
you have chosen not to follow the mandatory guidelines.  The treatment team has recommended 
prompt administrative separation.  This incident was documented by a letter fiom Capt Scott S. 
Fisher, Mental Health Services Flight Commander, dated 17 Apr 03. 

4.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation will be provided to you.  The commander exercising special court-martial 
jurisdiction or a higher authority will decide whether you will be discharged or retained in the Ah 
Force.  If you are discharged, you will be ineligible for reenlistment in the Air Force and any 
special pay, bonus, or education assistance funds may be subject to recoupment. 

5.  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 the Area Defense Counsel, Building 1150, Suite 
3 0 1 5, Luke Air Force Base, Arizona, on  30  r  0 7 
consult civilian counsel at your own expense. 

at  /$!O.O  hours.  You may 

6.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  2 4 
receive, in writing, an extension for good cause.  I will send any statements you submit to the 
separation authority. 

0 3  , unless you request and 

7.  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. 

8.  You have been scheduled for a medical examination.  You must retrieve your medical records 
fiom  56"  Medical Group Hospital Outpatient Records and immediately report to Physical 
Exams, Building 8 10, with your medical records and your copy of this discharge file for the 
medical examination. 

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

10.  Sign the attached acknowledgment and return it to me immediately. 

Commander 

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