AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1 

- . - - -  - - - 

TIAL) 

PERSONAL APPEARANCE 

NAME OF COUNSEL A N D  OR ORGANIZATION 

TYPE GEN 
COUNQEL, 

, 

YES 

No 
X 

I 

I 

MEMBER SITTING 

-. 

- 

- 

- 

A92.21 

( 

lNDEX NUMBER 

A67.50 

GRADE 
1  A1C 
X 
ADDRESS  AND OR ORGANIZATION  OF COUNSEL 

RECORD REVJEW 

VOTE OF THE BOARD 

UOTHC 

OTHER --- 

DENY 

X 

X 

X 

X 

X 

)  1 
2 
3 
4 

EXHfBITS SUBMITTED TO THE BOARD 

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

TAPE RECORDlNG OF PERSONAL APPEARANCE 

I 

I 

HEARING DATE 

CASE NUMBER 

1

'

26 Jan 2006 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DLSCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00276 

I 

I 

I 

Case heard at Washington, D.C., without the applicant's  presence.  He did not appear for a scheduled personal appearance. 

Advise applicant of the decision of the Board 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. 

I  r r c . ,   . -... "r -r ..,.  . -- ..-rrrr-E- 

~NDO~&MENT 

-

,

 

DATE:  l ~ 7 n 0 0 6  

-- 

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR 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 

CASE NUMBER 

FD-2005-00276 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) and scheduled a 
personal appearance via video teleconference, but failed to appear. 

The following additional exhibits were submitted at the hearing: 

None 

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: 

Issue  1.  Applicant contends discharge was inequitable because he suffered from undiagnosed bipolar 
disorder.  The applicant contends he is now under constant treatment and supervision, and is taking 12 
medications.  However, the applicant submitted no documentation to support this condition, or to show he 
suffered from it while on active duty.  His military medical records contain nothing to suggest bipolar 
disorder.  The Board concluded the misconduct was a significant departure from the conduct expected of all 
military members, and he did not meet his burden of proof to show his claimed bipolar disorder impacted his 
service.  The characterization of the discharge received by the applicant was found to be appropriate. 

Issue 2 applies to the applicant's post-service activities.  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. 

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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  A p p l   rec'd a GEN Disch fr Offutt AFB, NE on 31 Mar 95 
UP AFI 36-3208, para  5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals  for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 09 Oct 66.  Enlmt Age: 23 3/12.  Disch Age: 29 3/12. Ecluc: HS D I P L .  
M-68. PAFSC: XlN332A -  Romance Crypt0 Linguist. 

G - 7 6 ,  

AFQT:  N / A .   A - 9 3 ,  
Apprentice. DAS: 09 Jul 91. 

E - 8 1 ,  

b.  Prior S v :   (1) AFRes 18 Jan 90 -  18 Mar 90 (2 months 1 day) (Tnactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 19 Mar 90 for 6 yrs. Svd: 05 Yrs 00 Mo 13 Das, all M S .  

b.  Grade Status:  A1C  -  10 Feb 95 (Article 15, 10 Feb 95) 

SrA -  03 Sep 92 

c.  Time Lost:  None. 

d -   Art 15's:  (1) 10 Feb 95, Offutt AFB, NE -  Article 134.  You did, at 
or near Council Bluffs, Iowa, on or about 11 Nov  94, 
make and utter to Broadway Motors, a  certain check in 
the amount of $300.00, dated 11 Nov 94, drawn upon t h e  
SAC Federal Credit Union, made payable to Broadway 
-, for the down 
Motors, and signed 
payment of a  1983 honaa CIVIC, ana did thereafter 
dishonorably fail to maintain sufficient funds in said 
credit union for payment of said check in full upon its 
presentment.  You did, on or about 25 Nov 94, make and 
utter to the Stripes ~nlisted Club, a certain check in 
the amount of $45.00, dated 25 Nov 94, drawn upon the 
SAC Federal Credit Union, made payable to the S t r i p e s  
Enlisted Club, and signed 
purpose of obtaining cash and services, and did 
thereafter dishonorably fail to maintain funds in said 
credit union for t h e   payment of said check in full upon 
its presentment.  You did, at or near Bellevue, 
Nebraska, on or about 14 Dec 94, make and utter to 
Bellevue Gardens, a certain check in the amount of 
$423.50, drawn upon the SAC Federal Credit Union, made 
payable to Bellevue Gardens, and signed Ronnie D. 
Brewer, in payment of a debt, and did thereafter 

for the 

dishonorably fail to maintain sufficient funds in said 
credit union for the payment of said check in full upon 
its presentment.  Reduction to A1C.  Suspended 
forfeiture of  $567 pay per month for 2 months. 
Reprimand. (No appeal) (No mitigation) 

( 2 )   04 Mar 9 2 ,   Offutt AFB, NE -  Article 111.  You did, on 
or about 16 Feb 92, at Kenney Gate, operate a vehicle, 
to wit: a passenger car, while drunk.  Suspended 
reduction to Airman.  Forfeiture of $ 2 0 0 . 0 0   pay per 
month for two months, and restriction to Offutt Air 
Force Base for 30 days.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 06 DEC 94 -  Issuing worthless checks. 

LOR, 0 5   DEC 94 -  Failure to pay American Express Card. 

f.  CM:  None. 

g.  Record of SV: 19 Mar 90 -  06 D e c   9 1   Offutt AFB 

4  (Initial) 
07 Dec 9 1  -  06 Dec 9 2   Offutt AFB  4  (Annual) 
07  D e c   92 -  0 6   Dec 9 3   Offutt AFB  5  (Annual) 
07 D e c   93 -  0 6   D e c   94  Offutt AFB 
4  (Annual) 

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

i.  Stmt  of Sv:  TMS:  (05) Yrs  (02) Mos  (14) Das 
TAMS:  ( 0 5 )   YXS  ( 0 0 )   Mos  ( 1 3 )   Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm  2 9 3 )   dtd 1 2   Jul 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Three Character References. 

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 
(Please read attached instructions before rmpleting t h i s  form.) 

F o m  &proved 
QU!3  hb. 0704-0004 
wires Aug  31,  2006 

I  7he rnhlic remrtiim b r r b  for  t h i s  collection  of  infomation  is e s t k t d  

t.u  averaae  30  minutes mr  re-me. 

includirsr the  tins f o r  reviewiw 

PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE. 
m: 1 0   U+S.C.  1553;  E.O. 9 3 9 7 .  
m A
' m m  USE(S'C  one: 
D1-Z 
r e q u e s t   f o r   S o c i a l   S e c u r i t y  

 To  a p p l y   f o r   a  change  i n  t h e   c h a r a c t e r i z a t i o n   o r  r e a s o n   f o r   m i l i t a r y   d i s c h a r g e  

f a i l u r e   t o   p r o v i d e   i d e n t i f y i n g   i n f o r m a t i o n   may  i m  ede  p r o c e s s i n g   o f   this a p p l i c a t i o n .   The 

i s   s t r i c t l y   t o   a s s u r e   p r o p e r   i d e n t i f i c a t i o n   of  tRe  i n d i v i d u a l   and  appropriate  r e c o r d s .  

V o l u n t a r y ;   however 

issued to an  i n d i v i d u a l .  

 P

A

m

:

C

T

~

L

l

'

S

~

..  .. 

 

1.  APPLICANT DATA  (The  p e r s o n   whose  d i s c h a r g e   I S  t o  b e   reviewed).  PLEASE PRINT OR TYPE INFORMATION. 
a.  BRANCH OF SERVICE (X  one) 
b.  NAME  ( L a s t ,   F ~ r s t ,  Mlddle  I n i t i a l )  

I X I  AIR FORCE 

MRRINE CORPS 

NAVY 

ARMY 

(c. GRADE/RANK AT DISCHARGE (  d .   SOCIAL SECURITY NUMBER 

COAST GUARD 

1  2.  DATE OF DISCHARGE OR SEPARATION 

W!iWMKD) 
age,  suhnit a W Form 149) 

( I f  date  is mxe than 15 years 

19950331 

3.  UNIT AND LOCATION AT DISCHARGE 

OR SEPARATION 

4. DISCHARGE CHARACTERIZATION RECEIVED  (X  one) 

X 

HONORABLE 
GENERAL/UNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT ( S p e c i d   court - m a r t l a 1   on1 yl 
UNCHARACTERIZED 
OTHER  (Explain) 

5 .   BOARD ACTION REQUESTED (X  one) 

1  X I  CHANGE TO HONORABLE 

CHANGE TO GENERAL/UNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHARACTERIZED 
(Not  a p p l i c a b l e   f o r  A i r   F o r c e )  
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

4 9 4 9 t h   E l e c t r o n i c   Sec.  Sq 
O f f u t t   AFB Nesbraska 
6.  ISSUES : WHY  AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Dntinue in Itm  14.  See  instructions on  Page  3 . )  
Requesting t h a t   m y   discharge be  c h a n g e   f r o m   general t o   t h a t   of  Honorable. over 
t h e   ~ a s t  1 0   years I  h a v e   done  all i n  mv Dower t o   Drove  that I  a m   in f a c t   an 

( X   i f   a p p l i c a b l e )   AN  APPLICATION WAS PREVIOUSLY SUBMITTED ON  (
ilm THIS lorn 1s s u B m T m D  To m o  ADDITIONAL 1ssu.s. 

msTIPImTIoN, OR EvIDmcE. 

m

D

)

 

8 .   IN SUPPORT OF THIS APPLICATION  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 17.  If  military 

t o  

case,  pJeare  r d  copies.) 

7. 

I 
I 
I 
1  Letters o f   C h a r a c t e r :  

d m t s  or medic&  r e c o d  aye  rei-t 

CONDUCT A.RECORO REVIEW OF m DISCHARGE BASED ON m  MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITTED BY ME.  I AND/OR  (couwel/representative)  WILL NOT APPEAR BEFORE THE BOARD. 
I AND/OR (counsel/repre~entative) WISH TO APPEAR AT  A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON, D.C. METROPOLITAN AREA. 
1 AND/OR (comse~/representative)  WISH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
(enter  city and state) 

(?UTE:  The  Navy Discharge  &view  Board does not  have  a  t r a d i n g  panel. 

10.a.  COUNSEL REPRESENTATIVE ( i f   any)  NAME  (Last, F i r s t ,   Middle  I n i t i a l )   AND  ADDRESS 

(See  I t e m   1 0   of t h e   i n s t r u c t i o n s   about  cdunsel/renresentative.) 

b.  TELEPHONE NUMBER  ( I n c l u d e  Area Code) 
- 
c.  E-MAIL 

8  ray n n ~ r a  /rn.- t , d e  

code) 

4 

11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW  If the record  in question  is that of a deceased or i n c o m   etent  erson  LEGAL PROOF OF 

DEATH OR INCOMPETENCY MUST ACCOMPANY TG APPLICATION. If the application  is signed by other than !he  appficant: indicate 
the name  ( p r l n t )  

and relationship by  marking  a box below. 

12.a.  CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE 

(Forward  n o t i f i c a t i o n   o f   any c h a n g e   i n  a d d r e s s .  ) 

*mn*mnn 

'T9CJude  Area  Code) 

b  rn"'"""""P 
- 
c. E-MAIL 

d .   FAX NUMBER  ( I n c l u d e  Area  Code) 
I 

13.  CERTIFICATION. I make the foreqoinq statements  as part of my claim, with full knowledge of 

the penalties  involved for wil ful y making a 4alse statement or claim.  ( U - S .  ,Code,  T i t l e   78, 
S e c t i o n s   287  and  1001  p r o v i d e   t h a t   a n   i o d ~ v i d u a l  s h a l l  b e   f i n e d   under  t h l s   t l t l e  o r  
imprisoned  n o t  more  than  5  y e a r s ,   or b o t h . )  

a. SIGNATURE -  REQUIRED ( A p p l i c a n t   o r  p e r s o n   i n  I t e m   7 7   above) 

DATE SIGNED -  REQUIRED 
InrYMMDDl 

(Do  n o t   w r i t e   I n   t h i s   s p a c e . )  

CASE -ER 

L~~ 

FORM 293,-MAR-2004 

PREYIOUS  EDITIONS 

I 

OBSOLETE 

I 

Pa&@ 

STERLDG 

1  of 4 Pa es 
I ~ S ,  INC.  VIMS  SO^- 

I 

1 4 .   CONTINUATION OF ITEM 6, ISSUES  ( r f  a p p l i c a b l e )  
honorable citizen. During the time of my military service I was suffering from 
By-Polar Disorder. I now stay under constant Medical treatment and 
supervision, on some 12 types of medication. 
requesting that you take in consideration the enclosed statements and re-issue 
my discharge to that of honorable. 

1 5 .   CONTINUATION OF  ITEM 8, SUPPORTING DOCUMENTS  (If a p p l i c a b l e )  

Pastor 

Professor of Psychology 

DD form 2 1 4 

1 6 .   REMARKS  (If  a p p l i c a b l e )  
Since being discharged from the Air Force, I have been a complete and 
confident person.  I joined a staffing service and was promoted to 
vice-president in record time.  I know now that at the time of my discharge I 
was greatly in need to treatment.  I was assured treament and would get 
better.  That never happened.  I was to go into couselling and a l c o h o l  
treatments, and to this day, I have not been given treatment. At the time of 
my discharge, I had been given no chance to prove myself worth of extra duty. 

That I would be given and honorable discharge; and this treatment has not 

come to fruition.  At  this time I'm trying to get help from the V.A.  Any 
would be greatly appreciative.  I enjoyed my time in the military and would 
greatly appreciate any help the you could give me. 

I 

I 

ARMY 

Army  Review  Boards Agency 
Suowort Division. S t .   Louis 
97bb  Page  Avenue 
S t .   Louls  MO  63132-5200 
(See  httpI//arba.arrny.pentaqon.mil) 

AIR KRC3 

A i r   Force  Review  Boards  Agency 
SAV/MRBR 
5 5 0 - C   S t r e e t   West  S u i t e   40 
Randolph  AFB,  TX  $81 50-4742 

I 

DD FORM  2 9 3 ,   MAR  2004 

I 

I 

I 

-- 

NAVY AND WKUW 

Naval  Council  of  P e r s o n n e l   Boards 
720  Kennon  S t r e e t   S.E. 
Room  309 
Washington  N a v y   Yard,  DC 20374-5023 

armGrmRD 

U.  S ,   Coast  Guard 
Commandant  (G-WPM) 
2 1 0 0 ~ ~ e c o n d  S t r e e t ,   S.W. 
Washlngton,  DC  20593 

Room  5500 

1 
I 

I 

Page 2 of 4 Pages 

I 

i 

H E A D Q U A R T E R S  55TH WING  ( A C C )  

OFFUTT A I R   F O R C E  BASE.  NEBRASKA 

f9zm5-  00 gyro 

8  Mar  95 

MEMORANDUM FOR A1 C 

FROM:  97 ISICC 

SUBJECT:  Letter of Notification 

1.  1 am recommending your discharge fiom the United States Air Force for A Pattern of 
Misconduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this action is 
AFPD 36-32 and A.FI  36-3208,  Paragraph 5.50.2. If my recommendation is approved, your 
service will be characterized as honorable or general.  I am recommending that your service be 
characterized as general. 

2.  My reasons for this action are: 

a.  On or about 16 February 1992 you did, on Offitt Air Force Base, Nebraska, operate a 

vehicle while drunk.  For this incident you received nonjudical punishment consisting of a 
reduction to the grade of Airman, suspended until 3 September 1992, forfeiture of $200.00 pay 
per month for two months and restriction to Ofhtt Air Force Base for 30 days.  (Atch  1-1) 

b.  On or about 19 August 1994 thru 24 August  1-994 you failed to maintain sufficient funds in 

your checking account to cover four checks written to the Nellis AFB Exchange, totalling 
$4 10.00. For this incident you received a Letter of Reprimand, 'dated 6 December 1994. 
(Atch  1-2) 

c.  On or about September 1994 you were 4 months overdue on your account for your 
government issued American Express Card in the amount of $716.94.  For this incident you 
received a Letter of Reprimand, dated 6 December 1994.  (Atch 1-3) 

d.  Between on or about 1 1 November 1994 and  14 December 1994 you made and uttered 

three checks to different parties for a total of $768.50, drawn upon the SAC Federal Credit 
Union, and failed to maintain sufficient funds in your account to cover these checks.  For this 
incident you received nonjudicial punishment consisting of a reduction to the grade of Airman 
First Class, with date of rank of 10 February 1995;  forfeiture of $567.00 pay per month for 
2 months, suspended until 9 August  1995;  and a reprimand.  (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 ineligibIe for reenlistment in the Air Force and probably any other 
branch of the military. 

3.  You have the right to consult counsel.  Militarv legal counsel has been obtained to assist you. 
f  Area Defense Counsel, 
I have made an appointment for you to consult 
BIdg 323C, RM 302, Phone 4-3939, at 1030 hrs on 17 March 1995.  Instead of the appointed 
counsel, you may have another, if the lawyer you request is in the active military service and is 
reasonably available as determined according to AFI 5 1-201.  In addition to military counsel, you 
have the right to employ civilian counsel. The Air Force does not pay expenses incident to the 
employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

4.  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\ f i ~ r  
extension for good cause shown.  I will send them to the separation authority. 

'35unless you request and receive an 

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 exarnination.  You must report to the 55th Medical 
Group, Physical Exam Section at 0700 hrs/Part I and  10 15 hrs/Part IS  on 13 March 1995 for the 
examination. 

7.  Any personal information you hrnish in rebuttal is covered by the Privacy Act Statement as 
explained in AFI 36-3208, attachment 2.  A copy of AFI 36-3208 is available for your use in the 
unit orderly room. 

8.  Execute attached acknowledgment and return to me immediately. 

Commander, 97 IS 

e 

Attachments: 
1. Supporting Documents 
Atch 1-1,  Article 15, dated 4 March 1992 
Atch 1-2;  LOR,  dated 6 December 1994 
Atch  1-3;  LOR, dated 6 December 1994 
Atch 1-4;  Article 15, dated 10 February 1995