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Decision Text

AF | DRB | CY2005 | FD2005-00252
Original file (FD2005-00252.pdf) Auto-classification: Denied
VAME O F  SERVICE RlEMRER (LAST, FIRST M1I)VLE INITJAI,) 

AIR FORCE DISCHARGE REVlEW BOARD HEARING RECORD 

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I  N A n l t  OF COIINSEI.AND OR ORGANI7.ATION 

PERSONAL APPEARANCE 

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RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COIlNSEL 

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MEMBER SlTTlNG 

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INDEX  NUMBER 

A67.90 

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EXHIBITS SUBkf2.TTED TO TIlE BOARD 

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ORDEK hPPOM7 ING THF HOARD 

.YPE GEN 
CQxJ?%m 

IIEAItING DATE 

FOR REVlbW OF DISCI-1ARGE 

3  I  LETTER OF NOTIFICA'I'ION 
1  UKlEF O F  PEKSONNEL I'ILE 
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-  COUNSEL'S  RELEASE TO THE BOARD 

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1 M E  RECORDNG OF PLRSONAL APPEAKANCE 

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ADDITIONAL EXHlRl I'S SUBMI 1 I ' E D A T ~ F ~  
PERSONAL APPEAKANCE 

(  CASENUMBER 
FD-2005-00252 

27 D ~ c  2005 
APPLICANT'S ISSUE At@  nfk BOARD'S DE@$1ONAL,  KATIoH~V, A S  DISCI~SS~),QN+TSEE 

ATTACHE?  AXP  FORCE9JSCHARGESWIBW B O A W ~ ~ C X S I O N A L  RRA7  ~ O N ~ B  

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a persor~al appearance witl~/without counsel, and the right to 
submit an application  to the AFBCMR 

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

t CHANGE REASON  AND AUTHOMTY TO SECRETARIAL AUTHORITY 

1 0 :  

SAFfMRBR 
550 C S T R E W  WEST, SUITE 40 
RANDOLPI I  AFR, TX 78 150-4742 

FROM: 

SECRETARY OF TlfE AIR  FORCE PERSONNEL COUNCII. 
AIR  FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR,  EL WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

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AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD 1)ECISIONAI~ RATIONALE 

CASK NIIMHER 

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~DD-2005-U025~ 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRR) but declined to 
exercise this right. 

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

FINDINGS:  'I'he Board  grants partial  relief.  'The  discharge  is upgraded  to ITonorable and  the Reason and 
Authority for discharge is changed to Secretarial Authority.  The RE Code will not be changed. 

The  Board  firlds  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  discharge  and  reason  and  authority  for  discharge 
inequitable. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15 for failure to go.  He also received three Letters of Reprimand for being late 
for duty on several occasions, lying, and failure to go on fbur occasions. 
misconduct all occurred after the 26 Jun 96 Kobar Towers bombing.  l'he record confirms the applicant was 
present during the bonlbirlg and has suffered from Post Traumatic Stress Disorder because of this.  The 
medical record clearly indicates the applicant was treated for sleep problems, depressiorl and anxiety 
disorder.  ?'he DRB opined that because of these actions and the rncdical documentation, the discharge under 
General conditioils for a Pattern of Miscond~lct was inequitable. 

Board noted the membeh 

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 an lionorable discharge and the reason for the discharge is 
more accurately described as Secretarial Authority 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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Offutt AFB, NE on 13 Jan 98 
UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge, and to Change the RE 
Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 16 Sep 76.  Enlmt Age: 17 2/12.  Disch Age: 21 3/12. Educ: HS DIPL. 

E-77,  G-76,  M-55. PAFSC: 2S031 -  Supply Apprentice. 

AFQT: N/A.  A-60, 
DAS: 12 Mar 95. 

b.  Prior Sv:  (1) AFRes 20 Nov 93  -  01 Nov 94 (11 months 13 

days) (inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 02 Nov 94 for 4  yrs. Svd: 03 Yrs 02 Mo 12 Das, all AMS 

b.  Grade Status:  A1C  -  14 Nov 97 (Article 15, 14 Nov 97) 

SrA -  Unknown 
A1C  -  02 Mar 96 
Amn  -  02 May 95 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 14 Nov 97, Offutt AFB, NE -  Article 86.  You, did, on 

or about 4 Nov 97, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Reduction to A1C.  (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 08 OCT 97 -  Failure to go on four occasions.  , 

LOR, 18 AUG 97 -  Late for duty on several occasions and 

LOR, 16 JAN 97 -  Late for duty. 

lying. 

f.  CM:  None. 

g.  Record of SV: 02 Nov 94 -  01 Jul 96  Offutt AFB  5  (Initial) 

02 Jul 96 -  01 Dec 96  Offutt AFB  5  (CRO) 
02 Dec 96 -  01 Dec 97  Offutt AFB  2  (Annua1)REF 

h.  Awards &  Decs:  AFAM, AAM,  AFTR, NDSM, SAEMR, AFEM, AFOUA W/VALOR W/3 

DEVS, AFGCM. 

i.  Stmt of Sv:  TMS:  (4) Yrs  (1) Mos  (25) Das 
TAMS: (3) Yrs  (2) MOS  (12) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Feb 03. 

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

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
I. Applicant's Issues. 
2. Three Letters of Explanation in Response to Discharge Action. 
3. DD Form 214. 
4. Three Enlisted Performance Reports. 
5. Eight Performance Feedbacks. 
6. Discharge Documents. 
7 .   Two Certificates of Appreciation. 
8. Sharp Troop Award. 
9. Five Letters of Appreciation. 

F ~ a m 5 -  bo zS< 

Veteran's Personal Statement of Case 

The evidence that I will present to you will show a step-by-step 

account of my actions before and after the bombing of the barracks at King 
Abdul -Aziz  Air Base in Saudi Arabia.  It will clearly show my actions and 
the actions of the medical personnel at Ehrling Bergquist Hospital and that 
they had misdiagnosed me.  This resulted in my early discharge.  It will also 
show the diagnosis by Dr. -at 
that I suffer from today resulted fiom thebombing of the barracks. 

clearly shows the problems 

I went through a traumatic experience that forever changed my life,  I 
know now that I have a life long mental illness.  I know that this illness will 
lead me down a bumpy road from time to time.  I know that I have to try 
harder than most people do, just to get up every day and accomplish the 
normal things that life requires.  I only want people to know that it was the 
illness and not anything intentional on my part.  I wanted to serve in the 
armed forces just  as niy father did in Vietnam and his father did in WWII.  1 
never thought that I, one so young, could ever succumb to such an illness. 
When I look back at my Air Force career, I feel very good about my 

accomplishments.  It made me a better person, determined to tackle the 
problems that I would face in the future.  It has also made me aware of my 
need to help other veterans with disabilities.  I will always be grateful to the 
Air Force for the values that they instilled in me. 

I beg you all to consider my request to upgrade my discharge to 

honorable and remove misconduct as the narrative from my DD Form 214.  I 
am also requesting for a reinstatement of my rank of Senior Airman, E-4 to 
my DD Form 214.  I therefore ask you to review the records I have sent very 
carefully.  I thank you for your time and you most gracious consideration. 

I was stationed at King Abdul-Aziz Air Base, Saudi Arabia on TDY 

assignment 13APR96- 1 7 m 9 6  from Offutt AFB, Nebraska.  While in 
Saudi Arabia I was awarded the Air Force and Army Achievement medals 
for my work in Base Supply Equipment Management section.  1 also 
received other awards and citations from base groups.  I was returning from 
supper in downtown Dhahran, Saudi Arabia, when upon exiting our vehicle, 
a bomb exploded.  The terrorists had detonated and destroyed the barracks 
next to us.  This was 26JUN96.  Approximately three weeks later, I returned 
to my permanent duty station of Ofhtt AFB.  I never received any type of 
counseling or mental heal-th screening until I went to see the doctor on my 
own.  After returning, I started feeling bad.  I found myself in a new job 
eight months later in Base Supply Customer Service.  1 found it difficult to 
get up in the morning and was unable to get to sleep at night (see medical 
records from 29JAN97).  I went to the base hospital, Ehrling Bergquist, at 
which time PA@-@W 
me and said that I was suffering 
from depression and prescribed me Zoloft.  This is an antidepressive 
medication and was to be taken for thirty days, which I complied with. 
There was no other appointment made at this critical time, nor was I referred 
to the Mental Health clinic.  As you can see in the records I submitted, I 
went voluntarily to the Rase Mental Health clinic for treatment, 

In the mean time, I began to fall apart.  I had a negative view of 

myself and began loosing all of my self-confidence.  I was having worse 
problems falling asleep at night and could not wake in the morning.  When I 
slept, it was for prolonged periods of time.  When I awoke in the morning, I 
felt worn out and had great anxiety just getting out the door of my room.  I 
began sleeping way past the time set for my duty hours and was unable to 
get dressed and proceed with normal activities.  I kept failing to show up on 
time at my duty station and was getting sicker by the day. 

The Mental Health clinic diagnosed me with a sleeping disorder.  I 

knew something else was wrong, but was unable to describe my feelings and 
what was going on in my mind.  To put it bluntly, I was afi-aid I was loosing 
my mind; I couldn't shut off the thoughts that kept racing through my brain. 
No matter what I did, I could not rid myself of the depression, 

There is no evidence in the records I have that show I was not in the 

barracks at the appropriate time to go to sleep.  I have enclosed a sleep diary 
to show you that I did cooperate with the attending doctors.  I also bought a 
special lamp timer that I hooked up as part of the treatment program.  At the 
same time, I was receiving financial counseling from Family Services with 

-]about 

my financial problems.  It seemed that the doctors 

were focusing on the insomnia as the problem and not addressing my 
depression that 1 was suffering fi-om rather than a sleeping disorder ( see 
mental health records 70CT97). 

I tried desperately to live up to my commitment to the Air Force.  I 

tried to participate in my normal duty functions.  But by this time, I was up 
for disciplinary actions  (see'letter of response Art. 15).  I tried my best, but 
was unable to overcome the depression.  It was ruining my career in the Air 
Force.  Again this deepened my depression and I continued my downward 
decent.  I was afi-aid that I was not going to live through it.  I just wanted to 
feel good again and regain my life prior to Saudi Arabia.  If the doctors at 
Ehrling Bergquist Hospital had sent me to someone else for an outside 
referral that I had requested (see mental health records 19NOV97), they 
would have found out that I was truly suffering fi-om depression and PTSD. 
You can understand I was a young man of nineteen dealing with my feelings 
and emotions that I could not understand.  I was having an equally difficult 
time explaining them to the doctors.  Worse yet, I was the one living with 
this. 

At this point I was up for an administrative discharge.  I was 

discharged for misconduct upon leaving tlie sewice with a General Under 
Honorable Conditions on  13 JAN98.  It is ridiculous to think that I would 
purposely sabotage my own career when I was doing so well in the Air 
Force.  Proof of this can be seen  in my performance reports and awards that 
I have enclosed for your review.  These items reflect that, until I became ill, 
I was more than the average airman.  That is something I am extremely 
proud of. 

I began receiving services at the Omaha Veterans Administration 

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Medical Center on 8JUL98.  I was assigned to the Mental Health clinic after 
being screened in the Urgent Care area.  ~ r
r e d  me to the 
PTSD clinic after I told him of my experience in Saudi Arabia.  Immediately 
they began testing for PTSD.  It was then that Dr. -old 
was suffering fiom a mental illness.  This illness I known as Manic- 
depression(bipo1ar) and PTSD.  Another item that should have alerted the 
doctors at Ehrling Bergquist to the bipolar condition was my out of control 
spending habits.  This and the sleeping problems together should have led 
the doctors to the correct diagnosis.  As you can see on the Fact Sheet 
provided, this is one of the primary symptoms of this illness. 

me I 

I beg of you to carefully review the evidence I have presented to you. 

I am requesting that 1) upgraded discharge to honorable, 2) remove narrative 
of misconduct-item #28 on DD Form 2 14, and 3) reinstate my previous rank 
of SrA, E-4, item #4 on DD Form 2 14. 

I was awarded my service connection on 1 1 JAN99.  I have a  rated 
condition for the bipolar.  This was decided followiilg an extensive testing 
and treatment by staff of the PTSD clinic lead by ~
was a physician at the time at the Omaha VAMC,  A letter fiom him is 
included in the evidence that I am presenting to you.  This is for your 
inspection and to support my claim of poor treatment at the Ehrling 
Bergquist Hospital at Offutt Air Force Base, in requesting my discharge 
upgrade.  Thank you for your time and consideration. 

He 

r

.

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 55TH WING (ACC) 

OFFUTT AIR FORCE BASE, NEBRASKA 

MEMORANDUM FOR A 1 c \-J 
FROM:  55 SUPSICC 

SUBJECT:  Letter of Notification 

1.  I am recommending your discharge from the United States Air Force for Misconduct--Pattern 
of Misconduct.  The authority for my recommendation is AFPD 36-32 and AFI 36-3208, 
paragraph 5.50.2.  If my recommendation is approved, your service will be characterized as 
honorable or general.  I am recommending a general discharge. 

2.  My reasons for this action are: 

a.  On or about 16 January 1997, you did, without authority, fail to go at the time prescribed 

to your appointed place of duty, to wit:  sickcall.  For t h ~ s  incident, you received a letter of 
reprimand, dated 16 January 1997.  (Atch 1 - 1) 

b.  On or about 18 August  1997, you did, without authority, fail to go at the time prescribed 

to your appointed place of duty, to wit: building 321or Honor Guard practice. 

c.  On or about 18 August 1997, with intent to deceive, you did make a false official 

statement, to wit:  you were at honor guard practice, which said statement was totally false and 
was then known by you to be false. 

For the incidents in subparagraphs (b) and (c), you received a letter of reprimand, dated 

1 8 August 1997.  (Atch 1-2) 

d.  On or about 2 October 1997, you did, without authority, fail to go at the time prescribed to 

your appointed place of duty, to wit: building 321. 

e.  On or about 25 September, 26 September, and 29 September 1997, you did, without 

authority, fail to go at the time prescribed to your appointed place of duty, to wit: building D. 

For the incidents in subparagraphs (d) and (e), you received a letter of reprimand, dated 

8 October 1997, and an unfavorable information file was established.  (Atch 1-3) 

f.  On or about 4 November 1997, you did,  without authority, fail to go at the time prescribed 
to your appointed place of duty, to wit: building 302.  For this incident, you received nonjudicial 
punislunent, dated 14 November  1997, consisting of reduction to the rank of airman first class. 
(Atch 1-4) 

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-.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force and probably any other 
branch of the military. 

3.  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 Captai 
Defense Counsel, 
Bldg 323C, RM 302, Phone 4-3939, at  07'30  on 
civilian counsel at your own expense. 

You may consult 

4.  You have the right to submit statements in 
separation authority to consider must reach me by 
receive an extension for good cause shown.  I will send them to the separation authority. 

statements you want the 
unless you request and 

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to the 55th Medical 
Group, Family Practice Section at  / ~ V U  on  -5 , ' d  ?&  for the examination. 
7.  You have been scheduled for an initial separations appointment.  You must report to the 
55th Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 3236, at 
iR00  on 

with your escort. 

C;7 W q 8  

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 unit orderly room. 

9,  Execute the acknowledgment provided and return it to me immediately. 

Atch 1-2;  Letter of reprimand, 1 8 Aug 97 
Atch 1-3;  Letter of reprimandIUIF, 8 Oct 97 
Atch 1-4; Nonjudicial punishment,  14 Nov 97 
Other Documents:  Memo for 55 SUPSICC, 7 July 95; memo for 55 SVSISVXM, 24 Jan 96; 
memo for 55 SUPSICCF, 26 Mar 96; memo for 55 SUPSICCF, 25 Sept 96; memo for 
55 SUPSICCF, 26 Sept 97; memo for 55 SUPSICCF, 29 Sept 97; memo for 55 SUPSICCF, 
2 Oct 97; memo for 55 SUPSICCF, 4 Nov 97; memo for 55 SUPSICCF, 14 Nov 97. 



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