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1  NAME O F  SERVICE MEMBER (LAST, FIRST M1DDI.E  INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  AFSNISSAN 

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A l C  

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

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TYPE  GEN 
, ,  f',(lN'BIL 
YES 

, 

NAME  OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

No 
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MEMBER SITTING 

->". 

HON 

GEN 

VOTE OF THE BOARD 

I  1101'11C 

OTHER 

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DENY 

ISSUES 

A93.19 

I  INDEX NIlMBER 

A67.10 
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1 
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EXHINT$ SUS1MITTED:TO THE: BOAm 

ORDER APPOTNI'ING 'I I  IE BOARD 
APPLICATION  FOR REVIEW OF DISC1 IAKGE 
LETTER OF NUI'IFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAI.  F.XtIIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING  OF PERSONAL APPEARANCE HE 

HEARING DArE 

1  17 Ort 2006 

CASE NUMBER 

I  FD-2006-00004 

I 

MKicAKF'S ISSLiE AND~Y@BOAWS  DECISIONAL R4.TIONAL ARE  DISCUSSED ON WE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RLTlO$4.4@ 

I 

I 

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 the applicant's  request. 

I 

SAFIMRRR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, 1'X 78 150-4742 

- 

INDORSEMENT 

I 

DATE:  10123/2006 

...- . 
'8  FROM. 

I 

SECRETARY  OF T H t  AIR  FORCE PERSOhIEL COL'ICIL 
i l R  FOKC t DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFR. MD 20762-7W2 

AFHQ FORM 0-2077, J A N  00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NlJMBER 

FD-2006-00004 

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: 

Issue 1.  The applicant was discharged with an Under Honorable Conditions (General) discharge for minor 
disciplinary infractions.  He admits that he made a bad choice while in the Air Force.  The records indicated 
the applicant received  three Letters of Reprimand, two Letters of Counseling, and a Letter of Admonishment 
for misconduct.  The applicant was administratively disciplined with three Letters of Reprimand for public 
intoxication whereas he was insubordinate and dismissive to Shore Patrol NCOs, Security Forces NCOs, and 
the First Sergeant, being late for duty, and driving under the influence of alcohol.  His misconduct was 
further documented with Letters of Counseling and Admonishment for being late for duty.  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.  The DRB was pleased to see that the applicant was doing well and has continued his education. 
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 3.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The 
Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a 
matter of inequity or impropriety which would warrant an upgrade. 

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 A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Langley AFB, VA on 24 
Mar 05  UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 
2 .  BACKGROUND : 

a. DOB: 29 May 81.  Enlmt Age: 21 1/12.  Disch Age: 23 9/12. Educ: HS DIPL. 

AFQT: N/A,  A - 5 5 ,  
Antenna Systems Apprentice. DAS: 11 Aug 03. 

E-65,  G-62,  M-68. PAFSC: 23632 - Communications Cable & 

b.  Prior Sv: (1) AFRes 24 Jul 02 -  18 Nov 02  (3 months 25 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Nov 02 for 6 yrs. Svd: 02 Yrs 04 Mo 06 Das, of which 

AMS  is 02 Yrs 04 Mos 05 Days (excludes 1 day lost time). 

b.  Grade Status:  A1C -  11 Jan 03 

c.  Time Lost:  30 Jan 05 -  31 Jan 05  (1 day). 

d.  Art 15's:  None. 

e.  Additional: LOR/UIF/CR, 08 FEB 05 -  Operating a vehicle under the 

influence of alcohol. 

LOR/UIF, 24 AUG 04 -  Late for duty. 
CR, 13 AUG 04 -  Pattern of misconduct. 
LOR/UIF, 10 AUG 04 -  Publicly intoxicated and stopped by 
civilian police.  Insubordinate and 
dismissive to Shore Patrol SNCOs, 
Security Forces SNCOs, and First 
Sergeant. 

LOA/UIF, 28 JUL  04 -  Late for duty. 
LOC/UIF, 22 JUL 04 -  Late for duty. 
LOCI 06 JAN 04 -  Failed to report to duty at the 

appropriate time. 

f.  CM:  None. 

g.  Record of SV: 19 Nov 02 -  15 Jul 04  Langley AFB  5  (HAF Dir) 

h.  Awards &  Decs:  AFAM, GWOTSM, AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (02) Yrs  (08) Mos  (00) Das 
TAMS: (02) Yrs  (04) Mos  (05) Das 

To: Board for Correction of ~ilitary Records 

This letter is to request upgrade of my General Discharge under Honorable 

Conditions to an Honorable Discharge and reinstatement of my Montgomery GI Bill. 

On March 24&, 2005 I received a General Discharge under Honorable Conditions 

from the U.S.  Air Force due to a DUI that I received on January 3 I*,  2005. 
I know that I have made some really bad choices in the course of my life but that is what 
life is all about, decisions. I have also leamed a very important lesson from all of my 
decisions. The lesson that I have learned is that of trust. You have to trust yourself and 
your own judgment, even if you are impaired. 1 think the decision that I made on the 
that I received my DUI was not the decision that I should've made but it was a 

rational decision. I made the decision to not drive my vebicle. I shouldn't have taken my 
vehicle in the first place but at the time I wasn't planning odri&ing  at all. It just kind of 
happened that way. I didn't put anyone's  lives in danger other thao that of my own. I 
turned my car on because it was twenty degrees outside and I was freezing. I didn't  drive 
anywhere but I did operate my vehicle whiIe intoxicated. I now h o w  tbat you can't do 
that and I have paid a heavy price for it. 

Since I bave been out of the Air Force I have completed Level I1 Substance Abuse 

Course (see attached document). I learned a lot from the class that I did not know before 
and I think that it will really aid me in the future. Since attending the alcohol class I now 
only social drink on occasions and never to get drunk. I am very active and outgoing and 
try to find fun in the more important aspects of life (school, work, and a steady - 
relationship). I have been attending Chipola College in Marianna, FL. since the beginning 
of the summer and I have recently been accepted into the Nursing Program at Chipola 
College in Mariama, FL. where I reside (see attached document). This is where I really 
need my Montgomery GI Bill. I have been informed by several affiliates tbat it is 
extremely H c u l t  to be in the Nursing Pro&ram, hold a steady job, and keep up my GPA 
at the same time. 

Please accept my apology for failure to comply with the expectations of the 
as well as my family. I can only ask that you please carefully review my 
i

d
documents, trust that I have changed and learned my lesson, and consider my discharge 
for upgrade. 

 

. . 

.- 

6 

1 

I) 

0 
DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 1 ST FIGHTER WING 

LANGLEY AIR FORCE BASE VA 

h4EMORANDUM FOR ~l CC 
FROM:  1 CSICC 

10  '$05 
0 1 
'dVI"1 

y;t7 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for my recommendation is AFPD 36-32, Military Retirements and 
Separations, and AFT  36-3208, Administrative Separation ofAirmen, Chapter 5, Section H, 
Paragraph 5.49.  If my recommendation is approved, your service will be characterized as under 
honorable conditions (General) and you will be ineligible for reenlistment in the Air Force. 

2.  My reasons for this action are: 

a.  An Unfavorable Information File (ITIF) and Control Roster (CR) was established for 

you for a drunk driving incident.  This is documented in a UIF Action, dated 18 Feb 05. 

b.  On or about 30 Jan 05, you drove drunk in Newport News, VA. .For this incident, you 

received a Letter of Reprimand (LOR), dated 8 Feb 05, 

c.  A UJF was established for you for reporting late for duty.  This is documented in a U F  

Action, dated 24 Aug 04. 

d.  On or about 24 Aug 04, you reported late for duty.  For this incident, you received a 

LOR, dated 24 Aug 04. 

e,  A UTF and CR was established for you for a pattern of misconduct in July and August. 

This is documented in a U F  Action, dated 13 Aug 04. 

f.  On or about 7 Aug 04, you were drunk and disorderly,' For this incident, you received a 

LOR, dated 10 Aug 04. 

g.  On or about 28 Jul04, you reported late for duty.  For this incident, you received a Letter 

of Admonishment (LOA), dated 28 Jul04. 

h.  On or about 22 Jul4, you reported late for duty.  For this incident, you received a Letter 

of Counseling (LOC), dated 22 Jul04. 

i.  On or about 6 Jan 04, you failed to report to duty.  For this incident, you received a LOC, 

dated 6 Jan 04, 

3.  Copies of the documents to support this recommendation ate attached and will be 

forwarded to the separation authority.  The separation authority will make the findings and 

recommendations required under  10 U.S.C. 2005(g) regarding recoupment of education 
assistance funds, if applicable.  The commander exercising special court-martial 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 reenlistment 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 to consult the Area Defense Counsel, 54 Willow 
///nhr  2005.  You may consult 
Street, Bldg. 147, (757)764-5607 at  /of 0 hours on 
civilian counsel at your own expanse. 

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 
2005 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

/ST30  hours on 

/$MW 

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 1st Medical 
Group, Physical Exam Section at @ma 
additional examination will be scheduled if necessary, 

hours on  14 

2005 and an 

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 in the unit orderly room. 

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

1. Commander, 1 CS 

Attachments: 
1.  Supporting Documents 

1 a.  UIF Action, 18 Feb 05 
1 b.  LOR, 8 Feb 05 
lc.  UIF Action, 24 Aug 04 
Id.  LOR, 24 Aug 04 
le.  UIF Action, 13 Aug 04 
1 f.  LOR, 10 Aug 04 
1 g.  LOA, 28 Jul04 

Ih.  LOC, 22 Jul04 
li.  LOC, 6 Jan 04 

2.  Receipt of Notification Memorandum 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 31 Dec 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 149. 
3. Certificate of Completion. 
4. College Acceptance Letter.