AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE bIEMHEH (1.4ST, FIRST MIDDLE INITIAL) 
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'I'YPE GEN 
PERSONAL APPEARANCE 

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RECORDREVIEW 

NAME O F  COUNSEL AND O H  O B G A N l L A l l O N  

ADDRESS AND O R  ORGANILA I ION O F  COIINSEL 

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ISSUkS  A92.21 

INULX  NllMBhR 

A67.50 

HEAHINI:  DATE 

CASE NUMBER 

EXHIBITS SUBMITTED TO THE BOARD 

1 
2 
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4 

ORDER APPOWTWC,  I HE HOARD 
APPLICA'I'ION  FOR  REVIEW O F  DISCIIARGE 
LE'TTER O F  NOTIFICATION 
BRIEF O F  PERSONNEL FILE 
COUNSEL'S RELEASE T O  T H t  BOAR11 
ADDITIONAL  1:XHIHI  r S  SUBMITTED AT TIME 01: 
PERSONAL AI'l'C..ARANCF 

TAPE RECORDIN(;  Oh  1't.RSONAL  APPEARANCE 

25 May 2006 
APPLI(.'AliT'S  I S S l B  hM) THE BOARD'S DECITlOKAl  RATIONAL  ARE  Ol%ClJSStU Oh  1 IiE  4 1 [,\('I  II'D ,AIR FORCE DISCHARGE REVIEW BOARD DECISIO\AL  I<.\ I lOh A1 F 

FD-2005-00373 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, tlle rigllt to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFRCM R 

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SAFIMRBR 
550 C STREET WEST, SUITF 40 
RANIIOJ.PH  AFR. TX 7x1 50-4742 

.- INUURSGMENT 

FROM 

DATE: ~ i 2 0 0 6  

SECRETARY O F  T H E  AIR F O R C E  PERSONNEL COUNC IL 
AIR FOR(  E DIS('IIARCE  REVIEW BOARD 
1434 COMMAND DR, FF, WING, 3 R D  F1,OOR 

,' 

TO: 

1 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00373 

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

Thc 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:  Applicant received a General discharge for a Pattern of Misconduct 

Applicant contends that he made mistakes carly in his career that were out of character for him and before he 
could get his act together his father passed away which resulted in his becoming a heavy drinker. Applicant 
now i'eels that he has made the proper corrections to change his life, made amends for his mistakes, and this 
discharge is the only thing hanging over his head.  The records indicated the applicant received two Article 
15s, one Vacation Action, and one Letter of Reprimand for misconduct to include failure to go at the time 
prescribed to his appointed place of duty, being drunk and disorderly, thcft, disorderly conduct, and being 
too intoxicated to perform his dutics.  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 mcmbers, and the characterization  of thc 
discharge received by the applicant was found to be appropriate; however, if he can provide additional 
documented information to substantiate his issue, he should consider exercising his right to make a personal 
appearance before the Board.  If he should choose to exercise his right to a personal appearance hearing, he 
should be prepared to provide the DRB with factual evidence of any exemplary post-service 
accomplishments as well as any contributions to the community. 

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  oi'  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:  Appl recld a GEN Disch fr McGuire AFB, NJ on 30 Apr 99 
UP AFI 36-3208, para 5.50 (Pattern of Misconduct).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 15 Sep 74.  Enlmt Age: 20 9/12.  Disch Age: 24 7/12. Educ: HS DTPL. 

AFQT: N/A.  A-46,  E-72,  G - 6 8 ,   M-35. PAFSC: 2P051 -  Precision Measurement 
Equipment Lab Journeyman. DAS: 12 Jul 96. 

b.  Prior Sv: (1) AFRes 16 Jun 95 -  15 Aug 95  (2 mos 0 das) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 16 Aug 95 for 6 years. Svd: 03 Yrs 08 Mo 15 Das, all 

AMS . 

b.  Grade Status:  A1C -  21 Jan 99  (Vacation of Suspension, 17 Mar 99) 

SrA -  30 Jan 98 
A1C -  30 Sep 95 

c.  Time Lost:  None. 

d ,   Art  15's:  (1) 17 Mar 99, Vacation, RAF Lakenheath, UK -  Article 86. 

You did, at or near Aviano AB, Italy, on or about 28 Feb 
99, without authority, fail to go at the time prescribed 
to your appointed place of duty, to wit: the tank build 
up tent.  Article 134.  You were, at or near Aviano AB, 
Italy, on or about 28 Feb 99, as a result of wrongful 
previous overindulgence in intoxicating liquor, 
incapacitated for the performance of your duties.  You 
were, at or near Aviano AB, Italy, on or about 5 Mar 99, 
disorderly.  Reducation to AlC.  (No appeal) (No 
mitigation) 

(2) 21 Jan 99, RAF Lakenheath, UK -  Article 86.  You did, 
on or about 4 Jan 99, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit RAF  Feltwell, Building 17.  Suspended reduction to 
AlC.  Thirty days extra duty.  (No appeal) (No mitigation) 

(3) 6 Nov 95, Keesler AFB, MS -  Article 121.  You did, on 
or about 21 Oct 95, steal two bottles of cologne, of a 
total value of about $70.00, the property of AAFES. 
Forfeiture of $232.00 pay and seven days extra duty. 

(No appeal)  (No mitigation) 

e.  ~dditional: LOR, 13 AUG 98 - Apprehended by Law Enforcement for drunk 

and disorderly conduct. 

f.  CM:  None. 

g.  Record of SV: 16 Aug 95 -  15 Apr 97  RAF  Lakenheath  4  (Initial) 

16 Apr 97 -  15 Apr 98  RAF  Lakenheath  5  (Annual) 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (10) Mos  (15) Das 
TAMS: (03) Yrs  (08) MOS  (15) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Sep 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2.  Five Letter's of Recommendation. 
3.  Seven Letter's of Appreciation. 
4.  Copies of his two EPRs. 

PPORTING DOCUMENTS (X as applicable) (Please print name end Social Security Number on each document.) 
I  WILL  NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

XI ARE LISTED BELOW AND ARE  ATTACHED TO THIS APPLICATION:  (Continue on a plain sheet of paper if more space is needed.) 

8.  ISSUES 

The Board will consider any issue submitted by you prior to closing the case for deliberation.  The Board will also review the case to 

determlne whether there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
writing to Issues of concern t o  you unless those issues are listed or incorporated by s p e c ~ f ~ c  
reference  below.  Carefully read the instructions 
that pertaln to Block 8 prior to completing t h ~ s  part of the application. 

If you need more space,  submit additional issues on an attachment. 

- 

I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THlS APPLICATION. 

I PREVIOUSLY SUBMITTED AN APPLICATION ON /Enter date) 
AND AM COMPLETING THlS FORM IN ORDER TO  SUBMIT ADDITIONAL ISSUES. 

1  THE ABOVE ISSUES SUPERSEDE ALL  PREVIOUSLY SUBMITTED. 

9.  CERTIFICATION 

I make the foregoing statements  as pait of my application with full knowledge of the penalties involved for willfully  making a false 

statement.  (US. Code,  Title  78, Section  7007, provides  that an individual shall be fined under this title or imprisoned not more than 5 years, 
or both.) 

a.  DATE IYYYYMMDDI 

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UPON O~MPLETION, MAIL THlS A P P L ~ C A T ~ O ~ A P P L ~ C A B L E  

ADDRESS BELOW 

ARMY 

/' 

NAVY & MARINE CORPS 

AIR FORCE 

COAST GUARD 

Army Review Boards Agency 
Support Division,  St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St.  Louis,  MO  63132-5200 
(See http://arba.army.pentagon.mil) 
DD FORM 293, DEC 2000 

Naval Council of Personnel Boards 
7 2 0  Kennon Street,  S.E. 
Rm.  309 (NDRB) 
Washington Navy Yard,  DC 
20374-5023 

SAFIMIBR 
550-C Street West,  Suite 4 0  
Randolph AFB,  TX  781 50-4742 

Commandant (G-WPM) 
2100 Second Street,  S.W. 
Washington,  DC  20593-0001 

Page 2 of 4  Pages 

DEPARTMENT OF TTHE  AIR FORCE 

48TH FIGHTER WING (USAFE) 

MEMORANDUM FOR  A1C :. -. . -. . -. . -. . -. . -. - - - -  - - - - - - - - - - - - - --I  48 CRS 

FROM:  48 CRSICC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for a Pattern of Misconduct. 
The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.  If my recommendation is 
approved, your service will be characterized as General.  I am recommending that your service be 
characterized as General. 

2.  My reasons for this action are: 

a.  You received a Vacation of Suspended Nonjudicial Punishment, dated 1 1 Mar 99, for violation of: 

Article 86, UCMJ, failure to go to prescribed place of duty; Article 134, UCMJ, wrongful indulgence of alcohol 
causing incapacitation to perform duties, and Article 134, UCMJ, disorderly conduct. 

. 

b.  You received an Article 15, dated 8 Jan 99 for failure to go at the time prescribed to your 

appointed place of duty on 4 Jan 99. 

c.  You received a Letter of Reprimand, dated  13 Aug 98 and a UIF, dated 13 Aug 98 for being 

drunk and disorderly on or about 7 Aug 98. 

d.  You received an Article  15, dated 27 Oct 95 for stealing two bottles of cologne, total value of 

$70.00 from AAFES on or about21 Oct 95. 

3.  The coininander exercising SPCM 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. 

4.  You have the right to consult counsel.  Military legal counsel, Cap$ 
3608, has been obtained to assist you.  An appointment has been scheduled f i r  you to consult him at 
0930 hrs on 25 Mar 99.  You may consult civilian counsel at your own expense. 

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: Area Defense Counsel, ext 

5.  You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to consider must reach me by  thmdpl, ~ 9 / r f ~ ~ f l u n l e s s  
you request and receive an extension 
for good cause shown.  I will send them to the'S'eparation 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.  The medical examination will be in two parts. 
For the first part, you must report to 48th Medical Group, Physical Exam Section at 0730 on 25 Mar 99. 
(If you wear glasses you need to take them along at the time of your appointment.)  For the second part, 

you must report to the Family Practice clinic at 1420 on 25 Mar 99.  Please check in 15 minutes prior 
to your scheduled appointment.  Per your request, you have also been scheduled to enter the ADAPT 
program. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement.  A copy of 
AFI 36-3208 is available for your use in your unit orderly room. 

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

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

1.-,..-....-....-.-----------------------------: 

CALLIS L. MCLAIN, Maj, USAF 
Commander 

Attachments: 

1.  Vacation of Suspended Nonjudicial Punishment, dtd  11 Mar 99 
2.  Art  15, dtd 8 Jan 99 
3.  LOR, dtd 13 Aug 98 
4.  Art 15, dtd 27 Oct 95