AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE GEN 
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@& '@sm$m 
YES 

No 

PERSONAL APPEARANCE 

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NAME OF COUNSEL AND OR ORGANIZATION 

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MEMBER SITTING 

ISSUES  A94.05 

HEARING DATE 

1  12 Oct 2005 
/  Case heard at Washington, D.C. 

CASE NUMBER 

I  FD-2005-00173 

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1  RECORDREVIEW 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

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I  1  I  ORDER APPOINTING THE BOARD 
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APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

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Advise applicant of the decision of the Board, the right to a personal appearance with/without 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: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

I 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
ALR 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 

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

CASE NUMBER 

FD-2005-00173 

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 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. 

ISSUE: 

Issues 1,2,3, and 6.  Applicant contends his discharge was inequitable because he consumed cough 
medication which made him drowsy and declares he was not intoxicated.  The records indicated the 
applicant received two Article 15s for wrongfully consuming alcohol or malt beverages within 8 hours 
before duty and found sleeping while posted as a sentinel; and for sleeping on duty while a member of the 
Alarm Response Team in a parked vehicle.  Member's  argument about his flight chiefs statement is without 
merit as member consented to a blood alcohol test which resulted in a finding of .02%.  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. 

Issue 4.  The member contends his discharge is improper because his first Article 15 (which happened two 
years prior) should not have been a consideration for discharge and appears to be double jeopardy.  This 
issue is without merit.  A commander considers the entire enlistment period when determining discharge. 

Issue 5.  Applicant contends his discharge is inequitable because there was a belief he suffered from sleep 
apnea and his studies were never finished.  This issue is also without merit.  Member's  medical records 
reflect a ruling of no evidence of obstructive sleep apnealcentral apnea found during testing. 

Issue 7.  Applicant contends his discharge is inequitable because he was stripped of all benefits and did not 
receive his last out-process dental examination.  This issue is also without merit as member's  DD Form 214, 
block 17 reflects member did not complete his dental examination/treatment within 90 days of separation, 
combined with the fact member had served 180 days made him eligible for certain VA benefits.  Member 
needs to contact his local VA to determine specifically which benefits he's  entitled. 

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 SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr Izmir AS, Turkey on 26 Apr 02 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Feb 78.  Enlmt Age: 20 5/12.  Disch Age: 24 2/12. Educ: HS DIPL. 
AFQT: N/A.  A-32,  E-42,  G-39,  M-49. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 27 Jul 01. 

b.  Prior Sv: (1) AFRes 31 Jul 98 -  16 Feb 99 (6 months 17 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  17 Feb 99 for 6 yrs. Svd: 3 Yrs 2 Mo 10 Das, all AMS. 
b.  Grade Status:  A1C -  27 Feb 02 (Article 15, 27 Feb 02) 

SrA -  02 Aug 01 
A1C -  02 Apr 99 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 27 Feb 02, Izmir AS, Turkey -  Article 92.  You did, on 
or about 7 Jan 02, fail to obey a lawful general 
regulation, to wit: Paragraph 2.12.4, AFI 31-207, dated 
1 Sep 99, by wrongfully consuming alcohol or malt 
beverages within 8 hours before duty.  Article 113.  You 
were on or about 7 Jan 02, while on post as a sentinel 
at Special Post-1 found sleeping upon your post. 
Reduction to AlC, forfeiture of $49.00 pay, and a 
reprimand. (~ppeal/Denied) (No mitigation) 

(2) 19 Jan 00, RAF Mildenhall, UK -  Article 113.  You, on 

or about 31 Dec 99, being a member of the Alarm Response 
Team, were foun  alee ing in a vehicle parked on the 
south end of 
near the end of the runway. 
Suspended reduction to A m .   Fourteen days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 17 Feb 99 -  16 Oct 00  RAF Mildenhall  3  (Initial) 

17 Oct  00 -  22 Jun 01  RAF Mildenhall  3  (CRO) 

h.  Awards &  Decs:  AFTR, AFEM. 

i.  Stmt of Sv:  TMS:  ( 3 )   Yrs  (8) Mos  (27) Das 
TAMS:  (3) Yrs  (2) Mos  (10) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Apr  05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues with Attachments. 

1 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions  on Pages 3 and 4 BEFORE completing this application.) 

gathering m d  maintaining the data needed, end completing and reviewing the collectlon of information.  Sand comments regarding this burden estimah or any other aspact of this collection 
of  inform.tion,  hchtding suggastiona for reducing the bwdan, to the Oepamnent of Defense, Exawtiva Sewims and Communications Directoratm (0704-00041. Raspondent. should be aware 
that notwithstanding m y  other provision of law,  no panon shall be subject to  any pmalty for  failing to comply with  a collectlon of information If  it does not display a  cumamly valid OMB 
control number.  PLEASE DO  NOT RETURN YOUR  FORM TO  THE  ABOVE  ORGANIZATION.  RETURN COMPLETED  FORM TO  THE  APPROPRIATE  ADDRESS ON 
BACK OF THIS PAGE. 

I The public reporting burden for thh wllaction of information is astimatmd to average 30 minutas par response. including the time  for rwimwing instructiorrr, searching existing data sources, 
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I PRINCIPAL PURPOSEfS):  To apply for a change in the characterization or reason for military discharge issued to an individual. 
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ROUTINE USEfS):  None. 
DISCLOSURE:  Voluntary;  however, failure to provide identifying information may impede processing of this application.  The request for 
Social Security Number is strictly to assure proper identification of the individual and appropriate records. 
1.  APPLICANT DATA  (The ~ e r s o n  whose discharoe is to be reviewed).  PLEASE PRINT OR  TYPE INFORMATION. 

AUTHORITY:  1 0  U.S.C.  1553: E.O.  9397. 

PRIVACY ACT STATEMENT 

Form Approved 
OMB NO. 0704-0004 
Expires Aug 3 1,2006 

UADRON/ IZMIR, 

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6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTlFlCATl  N FOR THE REQUEST (Continue in ltem  14.  See instructions on 

98  ) 

1) %fa,  &charge 
guardmount because I w a s  sick. 

i s  improper because I informed the flight chief (Ssgt 

that I did consumed cough medicine before 

2) My discharge was inequitable because at guardmount if I was intoxicated then why didn't the flight chief (Ssgt I) refieve me 

9\ 

-.of duty and take my weapon away? 

7.  (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YWYMMDD) 

AND THlS FORM IS SUBMllTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION,  OR  EVIDENCE. 

IN SUPPORT OF THlS APPUCATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in ltem 17. 
If miit81y documents or  medical records ere relevant to your  case, please send coples.) 

8. 
1) AF FORM 3545 
2)  Notification M e m o r a n d u m  
3)  lll~kfl 3070 
I 9.  TYPE OF REVIEW  REQUESTED IX one) 
Y  CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITTED BY ME.  I AND/OR  /counseUrepresentative WILL NOT APPEAR BEFORE THE BOARD. 
I ANDIOR lcounseUrepresentative) WlSH TO APPEAR  AT A HEARING AT NO EXPENSE TO  THE GOVERNMENT BEFORE THE  BOARD IN THE 
WASHINGTON,  D.C.  METROPOLITAN AREA. 
ANDIOR lcounseUrepresentative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
(enter city and state) 

(NOTE:  The Navy Discharge Review Board does not have a travefingpanel.) 

1 O.a.  COUNSELlREPRESENTATlVE (If env) 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 coumeUrepresantetive.) 

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c.  E-MAIL 

d.  FAX NUMBER (Include Area Code) 

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11'.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the record-in question is that of a deceased qr incompetent person, LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPUCATION.  I f  the application is signed by other than the applicant.  indicate 
the name [print) 

and relationship by marking a box below. 

1 SPOUSE I WIDOW  I WIDOWER 

 NEXT OF KIN  I LEGAL REPRESENTATIVE I OTHER  (S~ecifvl 

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4) My discharge was improper because in the Notification Memorandum it states one of the reasons for discharge was the first 
incident in England, that happened 2 years before the second incident and I received punishment for the first at that time. Now they 

15.  CONTINUATION OF ITEM 8,  SUPPORTING DOCUMENTS (If applicsble) 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division,  St.  Louis 
9700 Page Avenue 
St.  Louis,  MO  631 32-5200 
(See http:llarba.army.pentagon.mil) 

AIR FORCE 

Air  Force Review Boards Agency 
SAFIMRBR 
5 5 0 4  Street West,  Suite 4 0  
Randolph AFB,  TX  781 50-4742 

NAVY AND MARINE CORPS 

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

COASTGUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
2100 Second Street,  S.W.  Room 5500 
Washington, DC  20593 

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DD FORM 293,  MAR 2004 

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Page 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 

39TH WING (USAFE) 

20 March 2002 

FROM:  425 ABSICC 

SUBJECT: Notification Memorandum 

1.  1 am recommending your discharge fiom the United States Air Force for minor disciplinary 
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If 
my recommendation is approved, your service will be characterized as honorable or general 
under honorable conditions.  1 am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 7 January 2002 you failed to obey a lawful general regulation, paragraph 
2.12.4, of Air Force Instruction 3 1 -207, dated 1 September 1999, by wrongfully consuming 
alcohol within 8 hours before duty, a violation of Article 92 of the Uniform Code of Military 
Justice (UCMJ);  and you were found sleeping on post as a sentinel which is a violation of Article 
113, UCMJ.  You were given an Article 15, Nonjudicial Punishment. 

b.  On or about 3 1 December 1999 you were found sleeping in a vehicle while being a 

member of the Alarm Response Team, in violation of Article 113, UCMJ.  You were given an 
Article 15, Nonjudicial Punishment. 

3.  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 assistance h d s  may 
be subject to recoupment. 

4.  You have the right to consult counsel.  Milit 
I have informed the Area Defense Counsel, Capt 
pending action.  You may reach him at DSN 676- 
consult civilian counsel at your own expense. 

1 has been obtained to assist you. 

Incirlik AB, Turkey of this 
'1 (90) 322-3 16-6908.  You may 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays after receipt of this 
69  , unless you request and 
notification memorandum, that date being  26- 
receive an extension for good cause shown.  I will send any statements you submit to @e 
separation authority for his consideration. 

6.  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. 

7. 
SS 

scheduled for a medical examination.  You must report to Physical Exams, 
75-4039, at 0800 hours, on 21 March 2002 for the examination. 

8.  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 the Command Support Staff office, room 301 of 
the Akin Building. 

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

Attachments: 
1.  Article 15, dated 21 February 2002 
2.  Article 15, dated 6 January 2000 
3.  Recoupment of Education Assistance, Special Pay, or Bonuses 
4.  Receipt of Notification Memorandum