NAME OF SERVlCE MEMBER (I,ASr, FIKSI' MIDDLE INITIAL) 
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AFS NISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

T W E   GEN 
CommL 

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1  NAME OF COUNSEL AND OR ORGANIZATION 

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PERSONAL APPEARANCE 

MEMBER SITTING 

ISSlJES 

A93.23 

INDEX NUMBER 

A67.10 

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ADDRESS ANDOR ORGANIXAIION Ok  (OUNSEI. 

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0RI)ER  APPOIN'I'ING 'I'IIE 13OARI) 
APPLICATION  FOR REVIEW OF DISCIIARGT. 
I,KI"I'EK OF NUI'IFIC:ATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
AI)III.I'IONAI, EXI IIHI-1's 
PERSONAL APPEAMNCE 

sC)HMI'~I'~;.II A'I' 'I'IME OF 

(  TAPE RECORDING  OF PERSONAL APPEARANCE HE 

APPLICANTS ISSUE AND M E  BOARD'S  DECISIONAL RATIONAL  ARE DlSCUSjED ON THE AlTACHED AIR  FORCE DISCHAROE REVIEW BOARD DECISIONAL RA7IQWJ.E 

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CASE N W B E R  

FD-2005-00402 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, 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. 

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DATE:  10/12/2006 

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SAFIMRBR 
550 C STREE'I" WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

bWI\I 

SECRETARY  OF T I E  AIR FORCE PERSOShZL COUSClL 
AIR  FORCE DISCHARGE RE\TLW  BOARD 
ISJSCOLRIAND D R  EE UlVC. 3RD FLOOR 
ANDREWS AFB, ~ l l 2 1 1 7 6 2 - ~ U U Z  

AFHQ FORM 0-2077, JAN  00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00402 

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

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:  Applicant received a General discharge for Misconduct--Minor Disciplinary Infractions 

Applicant contends that his alcohol related troubles stemmed from psychiatriclmental issues (severelchronic 
depression)  that  were  related  to  his  mother's  brutal  murder.  While  the  Board  sympathized  with  the 
member's  loss,  the  record  contained  no  documentation  to  support  this  contention.  The  records  indicate 
applicant received an Article 15 and a vacation of an Article  15 for misconduct that included being drunk on 
duty, stealing a vehicle and driving in a reckless manner at high speed, leaving the scene of an accident, and 
dereliction  of  duty.  After  thorough  review  of  the  records,  the  Board  concluded  the  misconduct  was  a 
significant departure from conduct expected from all military members and found no evidence of inequity or 
impropriety.  The Board found the characterization of the discharge received by the applicant to appropriate. 

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 AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Robins AFB, GA on 20 Aug 
01 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Disch. 

2.  BACRQROUND: 

a. DOB: 7 Jan 78.  Enlmt Age: 19 8/12.  Disch Age: 23 7/12. Educ: HS DLPL. 

AFQT: N/A.  A-63,  E-76,  G-76,  M-71. PAFSC: 2A753 - Aircraft Structural 
Maintenance Journeyman.  DAS: 9 Jul 98. 

b.  Prior Sv:  (1) AFRes 18 Sep 97 -  14 Jan 98 (3 mos 27 das) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 15 Jan 98 for 4 years.  Extended 10 Nov 99 for 6 months. 

Svd: 03 Yrs 07 Mo 06 Das, of which AMS is 3 yrs 6 mos 24 das  (excludes 12 days 
lost time) . 

b.  Grade Status:  AB -  18 Jun 01 (Vacation, 12 Jul 01) 

A1C -  14 May 99 
Amn -  14 Jul 98 

c.  Time Lost:  30 Jul 00 -  10 Aug 00 (12 days) 

d.  Art 15's:  (1) 12 Jul 01, Vacation, Spangdahlem AB, GE -  Article 92. 

You, who knew of your duties, on or about 8 Jul 01, were 
derelict in the performance of those duties, in that you 
negligently failed to stay awake while performaing extra 
duty, as it was your duty to do. Article 86.  You did, 
on divers occasions, between on or about 4 Jul 01 and on 
or about 8 Jul 01, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Reduction to AB.  (No appeal)  (No mitigation) 

(2) 18 Jun 01, Spangdahlem AB, GE -  Article 111.  You did, 

at or near Jacksonville, FL, on or about 30 Jul 00, 
operate a vehicle to wit:  a passenger car in a reckless 
manner by driving at a high speed around a curve and did 
thereby cause said vehicle to strike a tree.  Article 
121.  You did, at or near Jacksonville, FL, on or about 
30 Jul 00, wrongfully appropriate a motor vehicle, of a 
value of about $1,000.00, the property of Harvest 
Beaudry.  Article 134.  You, the driver of a vehicle at 
the time of an accident in which said vehicle was 
involved, and having knowledge of said accident, did, at 

or near Jacksonville, FL, on or about 30 Jul 00, 
wrongfully leave the scene of the accident without 
making your identity known.  You were, at or near 
Jacksonville, FL, on or about 30 Jul 00, disorderly. 
Suspended reduction to AB.  Forfeiture of $100.00 pay 
per month for 2 months, 30 days extra duty and 
Reprimand.  Restriction to Spangdahlem AB, GE for 15 
days with the exception of Bitburg, GE  (Eifel West 
Annex), for medical treatment as the need arises. 
(No appeal) (No mitigation) 

(3) 27 Aps 00, Spangdahlem AB, GE -  Article 112.  You were, 

on or about 6 Apr 00, found drunk while on duty as an 
Aircraft Structural Maintenance Apprentice.  Suspended 
reduction to A m .   Forfeiture of $100.00 pay per month 
for 2 months, 30 days extra duty and Reprimand. 
(No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 15 Jan 98 -  14 Sep 99  Spangdahlem AB  5  (Initial) 

15 Sep 99 -  14 Sep 00  Spangdahlem AB  2  (Annua1)REF 

h.  Awards &  Decs:  AFTR, AFOUA W/1 OAK LEAF CLUSTER, 

i.  Stmt of Sv:  TMS: (03) Yrs  (10) Mos  (21) Das 
TAMS: (03) Yrs  (06) Mos  (24) Das 

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

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1.  Applicant's Issues. 
2.  Court Documents, 

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FROM:  52 EMSICC 

SUBJECT:  Notification Letter 

1. I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my 
recommendation for discharge is approved, your service will be characterized as honorable or 
general (under honorable conditions).  I am recommending that your service be characterized as 
general (under honorable conditions). 

2.  My reasons for this action are: 
/' 

a.  On or about 6 Apr 00, you were drunk on duty.  For this infraction you received an Article 
15 Nonjudicial Punishment on 27 Apr 00.  You were reduced to the grade of E-2 (Airman), 
suspended until 26 Oct 00, required to forfeit $100.00 pay per month for 2 months, received 
30 days extra duty, and a reprimand.  (Atch 1) 

' 

b.  On or about 30 Jul00, you stole a vehicle and drove it in a reckless manner at a high 
speed causing it to strike a tree.  Further you wrongfully left the scene of the accident without 
making your identity known,  For this infraction, you received an Article 15 Nonjudicial 
Punishment on 18 Jun 01.  You were reduced to the grade of E-1 (Airman Basic), suspended 
until 17 Dec 01, required to forfeit $100.00 pay per month for 2 months, received 30 days 
restriction to base, and 30 days extra duty.  (Atch 2) 

c.  On or about 8 Jul01, you were derelict in the performance of your duties in that you 
negligently failed to stay awake while performing extra duties.  For these infractions, the 
suspended Nonjudicial Punishment was vacated on  12 Jul01.  You were reduced to the grade 
of E-1 (Airman Basic), with a new date of rank of 18 Jun 01.  (Atch 3) 

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 a higher 
authority will decide whether you will be discharged or retained in the Air Force and, if you are 
discharged, how your service will be characterized. If you are discharged, you will be ineligible 
for re-enlistment in the Air Force and any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you with Capt Ratna M. Contractor, Spangdahlem AB, 

/ s 7  a  hours.  You may consult civilian 

Germany, DSN 452-6607, on w at 

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 dutv days, unless you request and 
receive an extension in writing for good cause shown.  I will send them to the separation 
authority. 

6. If you fail to consult counsel or to submit statements on your own behalf within the time 
period prescribed, it will constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the 52d Medical 
Group, PHYSICAL EXAMS ELEMENT 
appointment has 
also been made at FAMILY PRACTICE on 

8.  Any personal information you fumish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in the Commander's Support Staff office. 

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

Attachments: 
1. AF Form 3070,27 Apr 00 
2.  AF Form 3070,18 Sun 01 
3.  AF Form 366,12 Jul01 
4.  Airman's  Receipt of Notification Letter, located at Tab 2