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GRADE 

AIR FORCE DISCHARGE REVIEW  BOARD HEARING RECORD 

I 

D OR  OR<;ANIZATION OFCOUNSEL 

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INDEX  IUMBFR 

A67.10 

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'  1 

2 
3 
4 

I 

%XHISITS  SUBMCRED TO THE BOARD 

--I 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCI-IARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDlTlONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

-' 

I 

I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

HEARING  DATE 

23 .Jan 2006 

CASE NUMBER 

FD-2005-00145 

Case heard at the Florida State Armory, St. Augustine, Florida and Washington, D.C. via video teleconference. 

Advise applicant of the decision of the Board. 

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

TO: 

SAFIMRRR 
550 C STREET WEST, SUITE 40 
RANDOLPIl AFR, 'TX 78150-4742 

I 

SECRETARY OF THE AIR FORCE PERSONNEI. COUNCIL 
A18 FORCE DISCHARGE  REVIEW AOARU 
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 DlSCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBEK 

FD-2005-00145 

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

The applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at  the 
Florida  State Armory,  St. Augustine,  Florida  and  Andrews AFB, via video  teleconference  on 23 Jan 2006. 
Ms. CC, the applicant's  friend, also testified as a witness on his behalf. 

The following additional exhibits were submitted at the hearing: 

Exhibit #6:  American Muscle & Fitness Personal Trainer Certificate. 
Exhibit #7:  American Muscle & Fitness Recommendation Letter. 

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

FINDINGS:  Upgrade of discharge is approved. 

ISSUE:  Applicant acknowledged that his actions were wrong and that he had  a problem with alcohol.  He 
stated that despite his alcohol problem, he was considered a sharp airman.  He expressed his concern that his 
discharge would adversely affect his ability to obtain United  States Citizenship.  He also cited his desire to 
receive  the  G.I.  Bill  benefits  as justification  for  upgrade  as he  desired  to  return  to  school  and  become  a 
physical  therapist.  While  the  Board  was  sympathetic to the  applicant's  concerns over citizenship  and  the 
impact the loss of G.I. Bill benefits were having on the applicant, it did not consider this a matter of inequity 
or  impropriety  which  would  warrant  an  upgrade.  The  DRB,  however,  concluded  that  the  applicant's 
discharge was too harsh,  given the totality  of the circumstances surrounding the applicant's  second offense 
of  driving  while  intoxicated  (DUI)  and  his  otherwise  excellent  duty  performance,  participation  in  honor 
guard, and volunteerism.  The applicant's  first enlisted performance report was a "firewall"  5.  His rater said 
he  "epitomized  Air  Force  core  values--extraordinary  enthusiasm  displayed  daily--promote  ahead  of 
schedule."  His additional rater said, "absolute  quality performer--a high achiever with extreme capabilities 
and  potential--promote  immediately!"  Although,  his  next  EPR  was  a referral  for  drinking  underage  then 
driving  while  intoxicated  (DUI),  followed  by  a  second  DUI,  his  duty  performance  was  rated  absolutely 
superior and his EPR  continued  to show a dedication to the Honor  Guard  and various  volunteer  activities. 
With  respect  to  the  second  DUI,  the  board  believed  the  applicant's  decision  to  drive  his  friend  from  the 
dormitory to his vehicle  parked  at the base gate to recover a wallet was the result  of his impaired alcoholic 
judgment.  Whereas,  his  decision  earlier  that  same  night  to  walk  to  a night  club just  outside the  gate to 
consume alcohol with his friend reflected  a significant mitigating factor and demonstrated that the applicant 
was conscious of his responsibility not to drive under the influence of alcohol.  Given the facts surrounding 
his second DUI and his otherwise outstanding duty performance, the DRB believed that the applicant should 
have been provided additional probation  and rehabilitation. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and substantive requirements of the discharge regulation.  In view of the foregoing findings the 
Board  further  concludes that  there exists an  equitable  basis  for upgrade  of  discharge, thus  the  applicant's 
discharge should be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE AIR FORCE 

AIR FORCE  DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

. . 

(Former AMN)  (HGH A1C) 

- - 

.- . -. 

-. 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Eglin AFB, FL on 11 Feb 05 UP 
A F I   36-3208, para 5.49  (Misconduct -  Minor  Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 16 May 83. Enlmt Age: 17 10/12.  Disch Age: 21 8/12. Educ: HS DTPL. 

AFQT: N/A.  A-SO,  E-36,  G-39,  M-35, PAFSC: 3E131 - Heating, Vent, A/C, and 
Refrigeration Journeyman. DAS: 23 Feb  03. 

b.  Prior Sv: (1) AFRes 9 Apr 02 -  25 Jun 02 (2 months 17 days)(Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 26 Jun 02 for 6 y r s .   Svd: 2 Yrs 7 Mo 16 Das, all AMS. 

b,  Grade Status:  Amn  -  15 Nov 04 (Article 15, 15 Nov 04) 

A1C  -  09 A u ~  02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 15 Nov 04, Eglin AFB, FL -  Article 111.  You, did, on 
or about 11 Oct 04, at or near the entry control point 
of  the East Gate, physically control a vehicle, to wit: 
a passenger car, while drunk.  Reduction to AB 
(reduction below Airman suspended),  Reprimand. 
(No appeal) (No mitigation) 

( 2 )   10 Apr 04, Eglin AFB, FL -  Article 92.  You, who knew 

of your duties, on or about 6 Mar 04, were derelict in 
the performance of  those duties in that'you willfully 
failed to refrain from drinking alcohol while under the 
age of twenty-one(21), as it was your duty to do. 
Article 111.  You did, on or about 6 Mar 04, at or near 
the entry control point of the West Gate, physically 
control a vehicle, to wit: a passenger car while the 
alcohol concentration in your breath was 0.195 grams of 
alcohol per  210 liters of breath or greater as shown by 
chemical analysis.  Suspended reduction to Airman. 
Forfeiture of $668.00 per month for 2 months, and a 
reprimand. (No appeal) (No mitigation) 

e ,   Additional: None. 

f .   CM:  None. 

g .   Record  of  SV:  2 6   Jun 02 -  15 Jan 04  Eglin AFB  5 
1 6   Jan 04  -  1 5   Jan 05  Eglin AFB  2 

(HAF D i r )  
(Annua1)REF 

h.  Awards  &  Decs:  AFTR, NDSM, AFOUA. 

i.  Stmt of  Sv:  TMS: 
TAMS: 

( 2 )   Yrs  ( 1 0 )   Mos  ( 0 3 )   Das 
( 2 )   Y r s   ( 7 )   Mos  (16) Das 

4 .   BASIS ADVANCED  FOR REVIEW:  Appln  (DD  Fm  2 9 3 )   dtd 01 A p r   05. 

(Change Discharge to Honorable) 

I S S U E S   ATTACHED TO BRIEF. 

ATC W 
1. A p p l i c a n t ' s   Issues. 
2 .   Enlisted Performance Report. 
3. Letter of Evaluation. 
4 .   Recommendation  for Special One D a y   P a s s  
5 .   Two Character References. 

WILL NOT BE SUBMITTED.  PLEASE CDMPLETE M W I W  M S E O  aN AVAILABLE EEFWlEE R E M R W .  

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210a Second Srarar, S.W. 

DEPARTMENT OF THE AIR FORCE 

796TH CIVIL ENGINEER SQUADRON 

EGLIN AFB. FLORIDA 32542 

18 Jan 05 

MEMORANDUM FOR  NvlN 1 

FROM:  796 CES/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct: 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 an Under 
Honorable Conditions (General) Discharge. I am recommending that your service be characterized 
as an Under Ilonorable conditions (General) Discharge. 

2.  My reason for this action is: 

a.  You did, at or near Eglin Air Force Base, Florida, on or about 1 1 October 2004, at or near 

the entry control point of the East Gate, physically control a vehicle, to wit: a passenger car, 
while drunk. For this offense you received nonjudicial punishment, dated 15 November 
2004. 

b.  You, who knew of your duties at or near Eglin Air Force Base, Florida, on or about 6 March 

2004, were derelict in the performance of those duties in that you willfully failed to refrain 
from drinking alcohol while under the age of twenty-one (2 l), as it was your duty to do. 
. 

You did, at or near Eglin Air Force Base, Florida, on or about 6 March 2004, at or near the 
entry control point of the West Gate physically control a vehicle, to wit: a passenger car 
while the alcohol concentration in your breath was 0.195 grams of alcohol per 210 liters of 
breath or greater as shown by chemical analysis. 

For these offenses you received nonjudicial punishment, dated 10 April 2004. 

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 higher authority 
will decide whether you will be discharged or retained in the United States 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 hnds may be 
subject to recoupment. 

4.  You have the right to consult counsel.  Militarv legal counsel has been obtained to assist you.  I 
.have made an appointment for you to consul1 
[%% 

, at i 3L9 hours.  You may consult civilian counsel at your own expense. 

at 904 N, 2nd Street, on 

5.  You have thLright to submit statements in your own behalf.  Any statements you want the . 
separation authority to consider must reach me within 3 duty days unless you request and receive 
an extension for good cause shown.  I will send them to the separation authority. 

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.  You have been scheduled for an appointment with the 96th Mission Support Squadron 
Separations Section o n l Q J w  05 , at [5m  hours. 

8.  AAer your bhefig, you are to report to the 96th Traffic Management Office with an authorized 
letter fiom separations to schedule your TMO pickup. 

9.  You are required to receive a briefing fiom the Family Support Center prior to your separation, 
You have been scheduled to receive your Transition Assistance Management Program (TAMP) 
briefing on 

at  !m hours. 

10.  You: have been scheduled for a medical examination.  You must report to 96 MDG Force 
Health Management, 307 Boatner Rd. on19 JhS 0 5   , a t m 1  

hours for the examination. 

11.  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 at 796 CESfCCQ. 

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

Commander 

, Lt Col, USAF 

Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification Memorandum