AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST M1DDI.E INI'I IAI,) 
............................... 

PERSONAL APPEARANCE 

r.............................J 

TYPE  GEN 
"BNsm 
No 
X 

YES 

NAhlE O F  COUNSEL AND OR ORC,,tNlZATION 

ADDRESS  A N 0  OR ORGANIZATION  Oh COUNSEL 

MEMBER SlTTlNG 

GIL4DE 

A1C 
x 

AFSNISSAN 

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. - - - - - - - - - - - - - - a  

RECORD REVIEW 

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ISSUES  A92.35 

I  INDEX NU..I.R 

A67.00 

1 
2 
3 
4 

I 

EXHIBITS SllBMlTTED 1'0 THE BOARD 

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ORDER  APPOIN'TIN(I  THE BOARD 
APPLICATION  FOR  REVIEW OF DISCHARGE 
I,FfTER  OF NUI'IFICATION 
BRIEF OF PERSONNEI. FILE 
COUNSEL'S RELEASE TO TIIE BOARD 
ADDITIONAI.  EXHIBITS SlJHMlTTED Al' 'I'IME OF 
PERSONAL APl3EARANC:E 
I  TAPE RECORL)IN(i  OF PERSONAI. APPEARAN(:E 

I  IlEAFtlNE DATE 

/  CASE NllMBEll 
1  FD-2005-00436 

28 Jul2006 
APPLICANT'S ISSUE 4ND TWE BOARCI'S DEClSlOWbC RATIONAL, bRE INSCUSSED ON THb, ATTACHED AIR FOIEPE DIS~HAREJIREV~EW BOARD BECISTONAL R&TIONALE 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

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

550 C STREET WFST. Sill I'F 40 
RANDOLPH A r b ,  I'X  78 150-4742 

AFHQ FORM 0-2077, JAN 00 

-  - 

SFCRETAKY  O F 1  IIE AIR kOKCE YFRSONNEL COIIN(  I1 
AIR kOK(  E DISCHARLk  REVIEW  BOAKD 
1535 COMMAND DR,  EE  WING. 3KD FI  OOR 
ANDKkWS AFB, M D  20762-7002 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00436 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reason and 
authority for the discharge. 

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.  Although not explicitly stated the applicant suggested that his discharge was inequitable because it 
was too harsh and that he made irresponsible decisions at isolated points in his career.  The records indicated 
the applicant received an Article 15, two Records of Individual Counseling and four civilian convictions for 
misconduct.  The Article  15 was for failure to go to appointed place of duty and overindulgence in 
intoxicating liquor leaving the applicant incapacitated for the performance of duties.  As a result, he was 
reduced in grade to airman first class.  He also received two Letters of Counseling for being late for duty and 
failure to obey technical orders.  The applicant also had four occasions of misconduct with civilian 
authorities resulting in conviction for two charges for Driving Under the Influence and two charges of 
domestic violencelbattery and disorderly conduct.  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. 

Tssue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
scrvice. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accon~plishments. They found the seriousness of the willfill 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.  Although not specifically stated, applicant contends that he should not be penalized indefinitely for 
a mistake he made when he was young.  The DRB recognized the applicant was 25 years of age when the 
discharge took place.  I-Iowever, 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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

b....-.-..-.-....-.--------------/ 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF McConnell AFB, KS on 15 
Dec 04 UP AFI 36-3208, para 5.50 (Pattern of Misconduct).  Appeals for Honorable 
Discharge, and to Change the Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 15 Dec 79.  Enlmt Age: 20 6/12,  Disch Age: 25 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-57,  E-57,  G-68,  M-69. PAFSC: 2A654 - Aircraft Fuels Systems 
Journeyman. DAS: 6 Nov 00. 

b.  Prior Sv: (1) AFRes 29 Jun 00 -  11 Jul 00  (13 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Jul 00 for 6 yrs. Svd: 04 Yrs 05 MO 04 Das, all AMS. 
b.  Grade Status:  A1C -  27 Oct 04 (Article 15, 27 Oct 04) 

SrA -  28 Dec 02 
ALC -  28 A u ~  00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 27 Oct 04, McConnell AFB, KS -  Article 86.  You, did, 
on or about 7 Oct 04, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: Building 1176.  Article 134.  You, were, on or 
about 8 Oct 04, as a result of wrongful previous 
overindulgence in intoxicating liquor, incapacitated for 
the proper performance of your duties.  Reduction to 
A1C.  (No appeal) (No mitigation) 

e.  Additional: RIC, 09 AUG 04 -  Failure to obey Techinical Orders. 

21 SUL  04 -  Civilian conviction for disorderly conduct and 

04 AUG 04 -  Civilian conviction for wrongfully driving his 

domestic violence/battery against his wife. 

28 JUL 01 -  Civilian conviction for domestic violence/ 

vehicle under the influence of alcohol. 

battery and disorderly conduct. 

20 JAN 01 -  Civilian conviction for failing to maintain/no 

driver's license in possession, no proof of 
insurance, and driving under the influence of 
alcohol. 

RIC, 20 DEC 00 -  Late for duty. 

f .   CM:  None. 

g.  Record of SV: 12 Jul 00 -  11 Mar 02  McConnell AFB  4  (Annual) 
12 Mar 02 -  11 Mar 03  McConnell AFB  5  (Annual) 
12 Mar 03 -  11 Mar 04  McConnell AFB  5  (Annual) 

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

i.  Stmt of Sv:  TMS: (04) Yrs  (05) MOS  (17) Das 
TAMS: (04) Yrs  (05) Mos  (04) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Aug 05. 

(Change Discharge to Honorable Discharge, and Change the Reason and 

Authority for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Five Character References. 
3. Three Enlisted Performance Reports. 
4. Response to Proposed Article 15. 

14.CONTWUATDN  OF JTEM  6, E S U E S   (Ifa  k a b k )  

ON ACCOUNT TI-MT ONE OF THE DEE-G 

I I EEL  MY DISCHARGE WAS IMPROFR 
IN  THE NOTIFICATION OF INTENT TO DISCHARGE, WAS ON THE BASIS OF ME RECEWING THE ONLY  (NJP) 
ARTICLE 15 IN WHICh EWDENE TO SUPPORT THE CHARGE WAS ILLEGALLY OBTAINED; (PLEASE SEE 
ATTACHMENT PAGES 5 &ND I ) AND REVIEW lTEMS 4-7 OF AREA DEFENSE CONSEL RESPONSE TO ARTICLE 15) 
MY MARITAL PROBLEMS ALONG WlTH SELF-MEDICATING WITH ALCOHOL PLAYED BIG FACTORS IN MY OFF 
DUTY CONDUCT AND LNCEDENTS(PLEASE REVIEW MY MEMORANDUM TO THE DISCHARGE REVIEW BOARD 
FOR DETGILS) OTHER LISTED ACTIONS INCLUDED, RECORDS OF INL)IVfDUAL COUNSELING (RIC) ARE IN SOME 
WAYS UNAVOIDABLE DUE TO CIRCUMSTANCES SUCH AS MINE I N  WHICH NO ONE PERSON IS TO BLAME BUT 
RATHER A GROUP COUNSELING, WERE AN LNDIVIDUAL DID NOT HAVE ANYTHING TO DO WITH THE CAUSE 
OF THE INCIDENT BUT WAS COUNSELED FOR BEWG PART OF THE TEAM ASSIGNED TO THE TASK IN WHCH MIS 
HAP OCCURRED; 

FACTORS~AS STATED 

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M A I L  C O M P L E T E D   A P P L E A T D N S  TO  A P P R O P R I A T E  A D D R E S S   B E L O W  . 

I 

ARM Y 

Arm y Revjew  Boalrls Agency 
Support D f isbn,  St. Louis 
9 7 0 0 Page Avenue 
St-Louis, M  0  6 3 1 3 2 5 2 0 0  
(See http ://arbanm  y .pentagon m ilj 

AIR  FORCE 

A i r  Foxce  Revjew  B o a d s  Agency 
SAFM RBR 
550-C  StreetW  est, Suite 40 
RandoBh AFB, T X   78150-4742 

NAVY  AND M A R N E  CORPS 

N avalC ouncflof PelsonnelBoards 
720  Kennon  S'mer, S 3 .  
Room  3 0 9   ( N D R B )  
W ashmgton Navy Y a d , D C   2 0 3 7 4 5 0 2 3  

COAST G U A R D  

U .S  . C o a s t  Gualrl 
C om  m  andant  (G -w  PM  ) 
2100  Second Stteet, S  .W  .Room  5500 
W  ashmgton,  DC  2 0 5 9 3  

I 

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DD FORM  293,M A R  2 0 0 4  

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Page 2  of 4  Pages 

MEMORANDUM FOR DICHARGE REVIEW BOARD MEMBERS 

15 August 2005 

FROM: BRANDALE AUSTIN 

. . 

SUBJECT: Discharge Upgrade Request 

Dear Members (DRB), 

1.1  am  a  Veteran  of  the  United  States  Air  Force  I  served  in  the  22Dd Maintenance 
Squadron of McConnell AFB,  as an Aircraft Fuel  Systems Journeyman, I have bad  the 
chance  to  review  my  military  records  and  the  contents  of  my  Discharge notification 
Package.  My  Command recommended  and I received A  General discharge for incidents 
stated. In my  application I  request, respectfully,  that you  (Board Members) review my 
presentation  in  its  entirety and  take  it  into  account  in  determining  your  decision  and 
overall judgment  of my service in the Air Force. 

2.  At  isolated points in my career I made irresponsible decisions, which were avoidable. 
Now at age 25 I have had a chance to put my mistakes behind me and heed to the lessons 
learned in order to  succeed and press on with a positive productive life as a respectable 
American citizen. 

3. I joined the Air Force in July 2000 and was honored to serve. I wanted to provide my 
two boys with oppurtunuties I was  never  afforded as a young boy,  support, love and  a 
positive male figure.  I attended basic training at Lackland AFB, TX in July of 2000 and 
graduated in August of the same year, I went  on to attend technical training at Shepard 
AFB,  TX.  I excelled academically in my  training as an Aircraft Fuel Systems Apprentice 
achieving  eighty  percent  or  above  scores  on  all  course  exams.  I  graduated  technical 
training  in  October  of  2000.  I  was  then  assigned  to  the  22nd Maintenance  Squadron 
Aircraft Fuel Systems Repair Shop at McConnell AFB, KS. 

4.0nce in operational status I was deterrrrined to learn everything I could in order to excel 
in my  career field. My first off duty incident occurred in January 2001, it was an off base 
DUI.  Even  before  sentenced  I  was  regretful  of my  poor judgment.  The  authorities  of 
Wichita took control of the incident, which resulted in one year of probation and a h e  of 
one thousand dollars. For the next  year I abstained froin alcohol use,  worked  with Life 
Slcills and was determined to press on and excel in order to prove my repentance and that 
despite poor judgment  I would still continue to be a valuable asset to the Air Force. 

5. I strived to excel and in 2003 I received my 5-Level certification and was promoted to 
Senior  Airman.  The  year  2004  brought  unfamiliar  challenges and  looking back  at  the 
time  1  feel  I  was  not  prepared  for  them  neither  mentally  nor  emotionally.  I  ran  into 
marital problems,  which consisted of arguing and  overall conhned infidelity of my  wife 
that consisted of dishonesty and incidents such as unexplained phone calls for her, from 

men I did not know, in addition she would stay out until the following morning regularly 
with  no  explanation  as  to  where  she  was,  the  presentation  of  this  behavior  and  her 
eventual confession of infidelity impacted me deeply both emotionally and mentally, 

faced  with  these  issues I  tried  reconciling with my  wife  in an attempt to preserve  my 
family. 

My Failure to address these issues constructively and responsibly led to depression and a 
negligent  decision;  In  2004  I  once  again  engaged  in  the  heavy  use  of  alcohol  in  an 
attempt to self medicate and escape the reality of issues presented to me.  As a diagnosed 
alcohol dependant, I now realize that if1 would have exercised a little more perseverance 
and continued my abstinence, I would have been lit to handle these issues comtructively. 
I  now  colitinue  my  Alcoholics  Anonymous  support  group  meetings  in  addition  to 
abstaining  h r n  alcohol  use  and  various  other  positive  k t i o n s  such  as  church  and 
volunteer work. 

6.  Those issues mentioned above Id to  my  eventual separation from my wife  in which 
she moved  back  to  Colorado with  our children in addition to family deaths; Led to my 
poor decision of continued self-medicating with dcohoL My intent in this presentation is 
in no  way meant to  excuse my  behavior  or poor  decisions; I am aware that  my  actions 
can only be accounted for by me no matter what the situation. Instead I am shedding light 
on my  situation and my honest, devoted service to my  country as a whole,  revealing the 
good in  my  heart  that  is not  always so evident in my  circumstances and  exposing the 
positive and Loving Father /Husband. I accomplished a positive rehabilitation and before 
my discharge I was  on my way to overcoming the issues that my marriage and  my own 
isolated bad  decisions presented to me  in my young adult life. To this day I cannot help 
thinking of how the United  States Air Force is the best thing that happened to  me  and 
how I would  rather  be  serving  my  country with  my  fellow troops.  A proud  American 
Veteran honored to serve. 

7. (DRB) Members in reviewing my  discharge recommendation package I am sure you 
will see in bold  writing the negative aspects of my  career. I plead with you to review my 
presentation materials and take into account the fact the positive aspects of my career that 
made me proud to serve in the United States Air Force, outweigh the negative by far and 
despite  my  mistakes resulting  fiom poor judgment;  my  service to  my  Country and  the 
United States Air Force was Loyal, Devoted and Honorable. 

8. Thank you for your time and personal consideration. 

Attachments: 

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

L................... 

kharacter statement-9 December 2004 
!character statement-9 December 2004 
: character statement-7-December 2004 

1. Copy of Msgtj 
2. Copy of Msgti 
3  COPY of Tsgt 1 - -_ - - - - - - - - - - - - - - - - - - - -. 
------------------- 
j character statement- UNDATED 
4. Copy of Ssgt : 
5. Copy of Ssgt . +rrrrrrrrrrrrrrrr-- 
: I character statement-WDATED 
: 
6. Copy of Sra ------------------- j character statement- UNDATED 
7. Copy of AF 910 E&ed  gexformance report-25 March 2004 
8. Copy of AF 9 10 Enlisted performance report- 12 March 2003 
9* Copy of AF 91 0 Enlisted perfbrmance report-1 2 March 2002 
1 0.Capy of Area Defense Counsel attorney Response to article 15-2 1 October 2004 
1 1 .Copy of Area Defense Counsel attorney Response to article 15-21 October 2004 
1 3 .Copy of notscation memorandum of intent to discharge-6 December 2004 
14.Copy of notification memorandum of intent to discharge-6 December 2004 

DEPARTMENT OF THE AIR  FORCE 
22D MAINTENANCE SQUADRON (AMC) 
McCONNELL AIR  FORCE BASE, KANSAS 

MEMORANDUM FOR A 1C i ....-.-....-.-.-...---------------------------- 
FROM:  22 MXSICC 

4G!&HY 

: 

I 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct:  Pattern 
of Misconduct, in accordance with AFPD 36-32 and AFI 36-3208, paragraph 5.50.1.  If my 
recommendation is approved, your service may be characterized as either honorable or general. 
I am recommending that your service be characterized as general. 

2,  My reasons for this action are: 

a.  On 7 October 2004, you failed to go at the time prescribed to your appointed place of 

duty.  For this misconduct you received an Article 15, dated 27 October 2004. 

b.  On 8 October 2004, due to previous overindulgence in alcohol, you were incapacitated 
for the proper performance of your duties.  For this misconduct you received an Article 
15, dated 27 October 2004. 

c.  On 6 August 2004, you failed to obey your technical orders.  For this misconduct you 

received a Record of Individual Counseling (RIC), dated 9 August 2004. 

d.  On 12 June 2004, you engaged in disorderly conduct and domestic violencebattery 

against your wife.  On 21 July 2004, the Municipal Court of Wichita, Kansas found you 
guilty of these offenses and sentenced you to complete alcohol treatment classes and 
counseling, as well as a fine of $500,00. 

e.  On 22 March 2004, you wrongfully drove your vehicle under the influence of alcohol in 
the city of Wichita, Kansas, your second DUI offense.  On 4 August 2004, the Municipal 
Court of Wichita, Kansas found you guilty and sentenced you to  12 months of 
confinement, with probation, and a fine of $1,000.00. 

f.  On 28 July 2001, you were cited by personnel from the Wichita Police Department for 

domestic violence battery and disorderly conduct.  For these offenses, you were 
sentenced to pay a fine. 

g.  On 20 January 2001, you were cited by a Sedgwick County Sheriff for fail to maintainin0 
driver's license in possesion, no proof of insurance and Driving Under the Influence.  For 
these offenses  Sedgwick County Court sentenced you to $500.00 fine, six months in jail 
with one year probation, 100 hours of community service, and a $500 fine. 

AMC-GMBAL REACH FOR AMERICA 

I 

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h.  On 20 December 2000, you failed to report for duty on time.  For this misconduct you 

received a RIC dated 20 December 2000. 

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 sentice will be characterized.  You are ineligible for reenlistment in the 
Air Force if your discharge is approved. 

4.  You have the right to consult military counsel.  Military legal counsel will be made available 
to assist you, at no expense to you.  I have made an appointment for you to consult with the Area 
Defense Counsel (ADC) at McConnell AFB, Kansas, on b l b ~  04 at J 600  hours. 
You can contact the ADC at ext. 4375.  You may consult with civilian counsel at your own 
expense. 

5. You have the right to submit matters in your own behalf.  Any statements you want the 
separation authority to consider must reach me b y 9  a;U.  at  I a m  hours unless you 
request and receive an extension for good cause shown.  Any matters and statements you submit 
will be forwarded 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. 

edical S  uadmn, Physical Exams section, on B &jrc 04 at 08s -hours. 

7.  You have been scheduled for a mandatory medical a~pointrnent. You are to report to the 
22wbbb c Rpo_cn-. 
8.  If you live in base housing, you must contact the housing ofice immediately upon receipt of 
this notification. 

9.  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 in your squadron orderly room. 

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

.---- 

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Attachments: 
1.  Receipt of Notification Memorandum 
2.  Statement of Understanding 
3.  Identification Card Retrieval Letter 

4.  Municipal Court disposition document 
5.  AF Form 3070, dated 27 Oct 04(3 pages) 
6. Barment letter, dated 23 Mar 04 (3 pages) 
7.  Wichita Municipal Court Document, dated  15 Apr 04(2 pages) 
8.  Wichita Municipal Court Document, dated 21 JuI  04(4 pages) 
9.  Record of Individual Counseling, dated 9 Aug 04 
10.  AF Form 3545, dated 21 Jan 01 
1 1.  Record of Individual Counseling, dated 20 Dec 04 
12.  Sedgwick County Traffic record, dated 1 Dec 04 
13.  Wichita Traffic Record, dated 1 Dec 04