I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

........................ 

(LAST, FIRST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

. NAME OF COUNSEL AND 0, ORGANIZA I ION 

YES  I 

No 

GRADE 

1  SSA 

I  AFSNISSAN 

RECORD REVIEW -- 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEI, 

MEMBER SITTING 

--  a-,"*&m 

HON 

VOT?3 OF THE BOARD 

--+ 

"?-- 

" 

,,,*,* 

I"  GF.N 

I 

llOTHC 

I  OTHER 

I 

DENY 

INDEX NUMBER 

A67.10 

I 

ISSUES 

A92.21 
A93.01 
A92.01 
A92.03 
A94.05 

I 

I 

I 

I 

EXHIBITS SUBMITTED TO THE BOARD 

1  I  ORDER APPOINTIN(; '1.1  IE  UOARL) 
2  1  APPLICATION FOR REVIEW OF DISCHAKCiE 
3  1  LETTER OF NOTIFICA.TION 
4 
BRIEF OF PERSONNEI,  F1I.E 
COUNSEL'S RELEASE TO THE HOAR11 
ADDITIONAL EXHIRl'fS  S I  IBMITTED AT T[ME OF 
PERSONAL APPEARANCE 

IIEARING  DATE 

CASE NUMBER 

'S ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON 'I&  ATTACHED AIR FORE-~~EP~EW 

I 

BOARD DECKSlWNAL RATIONALE 

' 

' 

1  Case heard at Washington, D.C 

Advise applicant of the decision of the Board, the right to a personal appearance withiwithout counsel, and the right to 
submit an application to the AFBCMR 
1  Names and votes will  be made available to the applicant at the applicant's request. 

C " " " " " " " " " . . - . . - . . - . . - . . - . . - . - . V . . V . , - . r - . . - . . - . . . . - . . 7 . . - . . - . . - . . - . . - . . . . - . . - . . - . . - . . - . . - . . - . .  

-I 

I 

1 

I 
1 

I 

I 

'ro: 

I 

SAFIMRBR 
550 C STREE'T WESI',  SUI'I'E 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

~ N D ~ ~ S E ~ I E N T  

I  CROM: 

.  - 

DATE:  711 1/2006 

.- 

SE(:RE'l'AHI' 01:THE AIR  FORCE PERSOhhEL ('OLSClL 
AIR  FOR('E DISCHARGE KEVlEH  BOARD 
1535 COMMAND DR, EE WING, 3 R U  FLOOR 
ANDREWS ARB, MD 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

.A 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

b 

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

CASE NUMBER 

FD-2005-00366 

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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article  1 S's, one Letter of Reprimand and one Record of Individual Counseling for 
misconduct.  The records indicated the first Article  15 was for driving under the influence of alcohol. 
Applicant was punished with a reduction in grade to Airman and forfeiture of $100.00 pay for two months. 
The second Article  15 was for behaving with disrespect towards superior commissioned officers and orally 
communicating indecent language to a female bystander at a softball game with children in attendance.  The 
applicant was punished with a suspended reduction to airman, suspended pay of $1 50.00 for two months, 
and 45 days of extra duty.  The records also indicated applicant received a Letter of Reprimand  for a guilty 
plea for driving under the influence of alcohol and a Letter of Counseling for violation of safety guidelines 
by not wearing a seatbelt while operating a government vehicle.  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 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

Issue 3.  The DRB was pleased to see that the applicant was doing well and has a good job as a department 
supervisor with the Home Depot management team.  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. 

Issue 5.  Applicant contends that he should not be penalized indefinitely for a mistake he made when young 
and immature.  The DRB recognized the applicant was 24 years of age when the discharge took place. 
However, there is no evidence he was immature or did not know right from wrong.  The Board opined the 
applicant was older than the vast majority of first-term members who properly adhere to the Air Force's 
standards of conduct.  The DRB concluded that the characterization of the applicant's discharge was 
appropriate due to the misconduct. 

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 

A 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA) (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch f r  Mountain Home AFB, ID on 28 
Jan 05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 28 Nov 80.  Enlmt Age: 18 5/12.  Disch Age: 24 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-52,  G-74,  M-43. PAFSC: 2W051 -  Munitions and Weapons 
Systems Journeyman. DAS: 29 Jan 00. 

b.  Prior Sv: (1) AFRes 30 Apr 99 -  31 Aug 99 (4 months 2 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 01 Sep 99 for 6 yrs. Svd: 05 Yrs 04 Mo 28 Das, all AMS. 

b.  Grade Status:  SrA -  12 Jul 04 
ALC -  23 Jul 02 
A m  -  13 Aug 01 
A1C -  29 Oct 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Oct 03, Mountain Home AFB, ID -  Article 89.  You did, 

....................... 

. ... ... .+rrrrrrrrrrrrrrrr,-- --- -l' '  Major I ------------------- ! I   and 
your superior commissioned 
1..  . . . . . . . . . . . . . . . . -. . -. -1 

on or about 15 Aug 03, behave y o u r s e l f ~ ~ w j t h ~ d ~ ~ ~ r e s p e c t  
toward Major : 
Captain : 
officers, then known by you to be your superior 
commissioned officers, by saying to them in a 
disrespectful manner "Why don't you mind your own 
fucking  business,^  or words to that effect.  Article 
134.  You, did, on or about 15 Aug 03, orally 
communicate to a female bystander at the intermural 
softball game with children in attendance, certain 
indecent language, to wit: "If you show me your tits" or 
words to that effect.  Suspended reduction to Airman. 
Suspended forfeiture of $150.00 pay per month for 2 
months.  Forty five days extra duty  (deferred until 25 
Oct 03). (AppeallDenied) (No mitigation) 

(2) 13 Aug 01, Mountain Home AFB, ID -  Article 111.  You, 

did, on or about 29 Jul 01, physically control a 
vehicle, to wit: a truck while the alcohol concentration 
in your breath was 0.20 grams of alcohol per 210 liters 

of breath as shown by chemical analysis.  Reduction to 
Airman, and forfeiture of $100.00 pay per month for 2 
months.  (No appeal) (No mitigation) 

e.  Additional: LOR, 18 NOV 04 - Arrested and plead guilty to driving under 

RIC, 22 JUN 01 -  Violation of safety guidelines by not 

the influence of alcohol. 

wearing seatbelt while operating a 
government vehicle. 

f.  CM:  None. 

g.  Record of SV: 01 Sep 99 -  15 Apr 01  Mountain Home AFB  5  (HAF D i r )  

16 Apr 0 1  -  15 Apr 02  Mountain Home AFB  2 (Annua1)REF 
16 Apr 02 -  15 Apr 03  Mountain Home AFB  5 (Annual) 
16 Apr 03 -  10 Oct 03  Mountain Home AFB  4 (Cmdr Dir)REF 
11 Oct 03 -  10 Oct 04  Mountain Home AFB  5 (Annual) 

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

i.  Stmt of Sv:  TMS: (05) Yrs  (08) Mos  (29) Das 
TAMS: (05) Y r s   (04) Mos  (28) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 12 Sep 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Eight Character References. 
3. Substance Use Evaluation. 
4. Evaluation Outcome. 
5. Letter of Support. 
6 .   Performance Development Summary. 
7. Discharge Summary. 
8. DD Form 214. 

b..-....-..-....-..----------------' 

Dear District Review Board (DRB):  The following issues are the reasons I believe my 
di~harge should be upgraded to Honorable.  If you d i s a p ,  please explain in detail why 
you disagree.  The presumption of regularity that might normally permit you to assume 
that the service acted correctly in characterizing my service as less than honorable does 
not apply to my case because of the evidence I a m  submitting. 

1.  My average conduct, efficiency, behavior, and proficiency ratings were above the 

standard.  During my tenure with the United States Air  Force I received five 
Enlisted Performance Reviews (EPR's), three of which covered periods of service 
where alcohol had seized to impact my career resulting in &wall  five ratings 
across the board. I received exemplarity ratings on other EPR's in all categories 
excluding the areas where alcohol dependency affected my progress. Multiple 
performauce feedbacks written by various supervisors describe my positive work 
habits, strict ethics, and surpassing standards.  Letters of Evaluation (LOE's) 
rewived during my multiple tours in support of Operation Endwing Freedom 
(OEF), Operation Iraqi Freedom (OIF), Operation Southern Watch (OSW), 
Operation Northern Watch (ONW), and Operation Noble Eagle (ONE) in 
locations, to include but not limit, A1 Jaber AB, Kuwait, Bagram AB, 
Afghanistan, and Al  Udeid AB, Qatar describe high caliber performance while 
deployed in a contingency environment. 

2.  I have received Awards and Decorations during my service.  Awards and 

Decorations received are as follows: AF Outstanding Unit Award plus device, 
National Defense Service Medal, Armed Forces Expeditionary Medal, AF 
Longevity Award, and AF Training Ribbon.  Less notable recognitions include a 
certificate of appreciation for excelling in my Career Development Course (CDC) 
during upgrade trabhg,'Ainaan of the month award while deployed to A1  Udeid 
AB, Qatar in support af OEF OIF, OSW, and ONW, 2003 Technical Accuracy 
Award winner during a bomb build competition at Mouatain Home AFB, Idaho, 
various certificate of appreciations, and earning the title of Munitions Inspector as 
an 5 3  when the position and the training is typically reserved for top notch E-5's 
and above. 

3.  I had combat service and have productively contributed to OEF, OIF, OSW, 

ONW and ONE,  The Conventional Maintenance Element I was assigned to 
during a deployment to A1 Jaber AB, Kuwait from October 2001 ta January 2002 
established a 99 percent success rate on all expended munitions assets.  Hand 
selected to forward deploy to Bagram AD, Afghanistan while previously deployed 
to A1 Jaber AB, Kuwait h m  June 2002 to September 2002 in order to support A- 
10 aircraft in search and restlue missions.  Became one of two individuals 

designated as Conventional Munitions Expendable Account Custodians 
responsible to maintain 100 percent accountability of all munitions assets 
assigned to the Conventional Munitions Element valued at over $73M while 
deployed to A1 Udeid AB, Qatar from December 2003 to March 2004.  In 
addition I was recognized as Airman of the Month for the month of February 
2004.  Became a part of a 10 individual crew deployed stateside to Headquartem 
Air Combat Command (HQ ACC) in 2003 to support ONE while Langely AFB, 
Virginia was deployed overseas. 

4.  I was so close to finishing my enlistment that it was unfair to give me a General 

(Under Honorable Conditions) Discharge.  My six year term of service was 
scheduled to complete within seven months of my premature separation.  With 
unexhawted leave earned included, I would have had less than five months of 
service leR to serve before completing a successful enIistment. 

5.  M y  ability to serve was impaired because of several reasons.  Youth, immaturity 

and Alcoholism were the prime factors in my inability to serve my country 
honorably.  I joined the Armed Forces directly after High School with the hopes 
to build a better future for myself and to bring pride amongst my family,  I had 
never been away h m  home before in my life.  It became very diflicult to rclate 
with mwfouud pem Ecom such diverse backgrounds. Ln time I found that I could 
become on the same plain as other individuals and A p t  to my new surroundings 
through alcohol.  Within m y  first ycar at Mountain Homc AFB, Idaho I developed 
a low self esteem and entered a stage of depression.  Soon the loneliness and 
feeling of oveiwheh rapidly snowballed into alcohol abuse.  Alcohol seemed to 
be the only meam I could canjure in order to escape the problems of my reality. 
During my period of enlistment I tried several time to cease my need for alcohol 
and failed.  Thoughts of seclusion and disbelief in my disease cloaked my desire 
to extinguish my addiction.  After several attempts of self remedy the United 
States Air Farce took forth s proactive role ta assist me with my diease in 2003. 
The Air Force was kind enough to send me a rehabilitatian clinic in Gooding, 
Idaho.  At the Walker Center I learned that others suffer from the same problems 
as I and that them were tools I could utilize in order to prevent relapsing into old 
behaviors and habits,  I became our group leader within my &st  week at the 
center, During sessions counselors would stress on the importance of taking my 
recovery program slowly, not to allow any dramatically lifestyle changes to occur 
within the first year of sobriety and to attend support group meetings regularly. 
The day following my release h m  the Walker Center I was placed on 12 hour 
work shifts for 45 consecutive days.  The day aftcr my additional duty ended I 
deployed to A1 Udeid AB, Qatar for four months.  I managed to stay sober in 
those six montbs despite the venture away from the necessary guidelines outlined 
in order to create a successful recovery for myself with zero support group 
meeting provided and placed in a combat service atmosphere 

6. The punishmat I received was too harsh compared to what most people get for 

the same offenses,  My dischargo included four separate incidenccs.  The 

 major^---------- 

m 

b.-..-.-..-.. 

5 was recently samatedfrqm the United States Air 
! 
! conviction also led to his 
minor.  ~ a j o r  

punishment of an Article 15 for Disrespect towards a Commissioned Officer and 
Lude Behavior was issued by fonner Commissioned Officer Major::::::::::: 
..-.-..-... 
L.-.-..-...r 
Force for soliciting ~ ~ 6 - k  
loss of commissiori, a -cooytid, and is now registered as a known sex 
:was also a h w n  acquaintance and friend of 
offender.  Major; - - - - - - - - - - - - - - - - - - - -, 
the civilian attired gentleman involved in the incident.  I believe it is unjust for an 
individual of that caliber to pass judgment upon another person.  Excluding that 
event I was dischargod for a Lettcr of Reprimand (LOR) for not weating a seat 
belt,  an Article 15 for Driving Under the Influence (DUI)  in 2001, and an LOR 
for a DUI in 2004.  My two alcohol related incidences were three years apart. My 
most recent occurrence only arose to my commands awareness when I informed 
them that I was cited for the offense while on leave to Bellingham, Washington. 1 
have personally worked side by side with other enlisted Airmen, Non- 
commissioned Officers and Senior Commissioned Officers whom have 
accumulated up to five DUX  offenses within their careers. Though the previous 
statement dots not justify my actions it should clarify my signs of remorse. 

7.  1 have been a goad citizen since discharge.  Shortly after my release fiom the 

United States Air Force I became apart of the Home Depot management team as a 
Department S u p i s o r .  I successllly completed a 6 to 12 month recovery 
programs in 7 months involving 3 out patient recovery centers due to my recent 
relocation issues.  While under supedscd probation I cbmplcted all of my 
mandated requirements 6 months early and was advanced to unsupervised 
probation ahead of schedule compared to normal standards.  I have not indulged 
la any form of mind altering substances since my DUI on October 28,2004 and 
look forward to receiving my 1 year anniversary coin fivm my home Alcoholics 
Anonymous group that I attend regularly. 

Attachments: 

1. 
2. 
3. 

*  FC12005-00368 

DEPARTMENT OF THE AIR FORCE 
366lH EQUIPMENT MAINTENANCE SQUADRON (ACC) 

MOUNTAIN HOME AF9 IDAHO 8 9 W  

MEMORANDUM FOR  SRA~ 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

FROM:  366 EMSICC 

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 Honorable, 
Under Honorable Conditions (General), or Under Other Than Honorable Conditions (UOTHC) 
Discharge. I am recommending that your service be characterized as an Under Honorable 
Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  On or about 29 Oct 04, you were arrested and plead guilty to driving under the influence nt or 
near Bellingharn, Washington.  As a result, you received a Letter of Reprimand (LOR), dated 
18 Nov 04.  (Atch 1). 

b.  On or about 15 Aug 03, you showed disrespect towards three commissioned officers,  As a 
result, you received an Article 15, UCMJ, dated 02 Oct 03.  (Atch 2). 

c.  On or about 15 Aug 03, you orally communicated indecent language to a female bystander 
while at an intramural sofiball game.  As a result, you received an Article 15, UCMJ, dated 
02 Oct 03.  (Atch 2). 

d.  On or about 29 Jul 01, you physically controlled a vehicle while the alcahulic concentration 
in you breath was 0.20 grams of alcohol per 210 liters of breath as shown by chemical analysis. 
As a result, you received an Article 15, UCMJ, dated 13 Aug 01.  (Atch 3). 

e.  On 21 Jun 01, you were in violation of safety guidelines by not wearing your seatbelt while 
operating a government vehicle.  As a result, you received a Record of Counseling (ROC), 
dated 22 Jun 01.  (Atch 4). 

3.  Copies of the documents to be fonvarded 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 funds may be 
subject to recoupment. The separation authority will make the findings and recommendations 
required under 10 U.S.C.  Section 2005(g). 

4.  You have the right to consult counsel. Military leg+l-e-~;~j~&ia-been 
have made an appointment for you to consult Captai~ 

- - - - - - - - - - - r - - - - I   ! at 750 Desert Ave, on 

obtained to assist you.  I 

DS  ,at  \03v 

hours.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays of the date of this 
memorandum unless you request and receive an extension for good cause shown.  I will forward 
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 a medical examination.  You must report to the Force Health 
Management Section, Mountain Home AFB Hospital on  G A 
for the examination. 

o 5  , at 

\ ~ O D  

hours 

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 at your Orderly Room. 

9.  You will surrender your ID card to me immediately.  Proceed with this letter to the Military 
Personnel Flight (MPF), Customer Su-vice, Building 512, Mountain Home AFB no later than 
\ 200 h o ~ + >   b 3 w  D 5  where you will be issued a temporary ID card good for 90 days.  If 
the discharge action is still pending at the end of 90 days, another temporary ID card will be issued 
to you until the case is finalized. 

10.  Proceed with this letter to the Security Forces, Pass and Registration Section, Building 7001, 
Visitor Control Center, no later than  (boo h ,, 5  b 4-  DS  where you will turn in your 
Mountain Home APE vehicle sticker and your DoD vehicle decal after which you will be issued a 
temporary vehicle pass good for 90 days.  If the discharge action is still pending at the end of 90 
days, another tempomy vehicle decal will be issued to you until the case is finalized. 

11.  Proceed with this letter to the Traffic Management Office (TMO), in build in^ 5 12, 
immediately after receiving your separation orders from the Separations Section at the MPF fox 
arranging shipment of your household goods. 

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

................................................. 

Commander 

Attachments: 
1. LOR, dated 18 Nov 04 
2.  Article 15, dated 02 Oct 03 
3.  Article15,dated  13Aug01 
2.  ROC, dated 22 Jun 02