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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

N A M E  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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TYPE  GEN 

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PERSONAL APPEARANCE 

RECORD REVIEW 

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NAME OF COIJNSEL  AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION  OF TOIINSEL 

American Legion 

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MEMBER SITTING 

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V m  &P%%C  ISQARD 

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ISSUES 

A94.06 
A93.01 
A92.22 
A93.07 

INDEX NUMBER 

A67.10 

A1 C 

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X 

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DENY 
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EXHIBITS SIJBMlTTED TO THE BOARD 

OKDkK APPOlN TlNG THE BOARD 
APPI,ICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BKIEt. Ot. PERSONNEI  FII,E 
COUNSEL'S  RELEASE TO THE BUAKL) 
ADDITIC)NAI,  k,XI IIHI TS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

'TAPF  RFC'C)RIJIN(i Ok I'EKSONAL  APPEARANCE HE 

IIEARINC DATE 

26 Sep 2006 

CASE NUMBER 

I  FD-2006-00065 

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. 

* Reason and Authority 
+ Reenlistment Code 

550 C STREE?'  WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

SRCHUI'AUY  OI'I'HRAIR FOR 
AIR FORCE DISCHARGE REV1 
1535 COMMAND DR, EE WING, 
ANDREWS AFB, MD 20762-7002 

I 

AFHQ FORM 0-2077, JAN 00 

I 

(EP-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00065 

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

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews 
AFB on 26 Sep 2006. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The request for change of reason and authority for discharge, and change of reenlistment code 
are denied.  The Board grants the requested relief for upgrade of discharge to honorable. 

The Board finds that neither the evidence of record nor that provided by applicant substantiates an 
impropriety that would justify  a change of discharge.  However, based upon the record and evidence 
provided by the applicant, the Board finds the applicant's characterization of discharge inequitable. 

ISSUE: 

Applicant contends discharge was inequitable because it was too harsh.  He further contends that when he 
was discharged, he was not a mature adult; he admits that he made mistakes and takes full responsibility for 
his actions.  He also cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  While the 
Board was sympathetic to the applicant's concerns and the impact the loss of G.I. Bill benefits were having 
on the applicant, it did not consider this a matter of inequity or impropriety which would warrant an upgrade. 
The records indicated the applicant received an Article  15 and a Letter of Reprimand for misconduct.  The 
Article 15 was for failure to go to appointed place of duty, breaking a no contact order and failure to wear his 
service dress uniform to the commander's office.  The Letter of Reprimand was for being unable to attend a 
mandatory alcohol awareness appointment at Life Skills because he smelled of alcohol.  The applicant 
provided testimony concerning his marital problems and alcohol abuse which led to his administrative 
discipline and discharge.  Applicant testified that after dating for about a month, he was married while in 
technical school.  He immediately began to have marital problems and sought counseling.  His wife was 
assigned to same duty station and knew many of his co-workers.  While applicant was deployed, he received 
many phone calls concerning his wife's  whereabouts and suspected infidelity.  Due to extenuating 
circumstances, the applicant's commander returned him home from his 90 day deployment after serving only 
45 days.  Applicant testified and provided documentation that after his discharge, he was employed as a 
civilian contractor working for Aerotek at Fort Bragg, NC in which he spent six months in Iraq.  He has 
since chosen the electrical trade in which he was employed as a helper and now an apprentice in which he is 
going to school for an electricians license.  The DRB concluded that the applicant's discharge was too 
harsh. given the totality of the circumstances surrounding the applicant's misconduct and his otherwise 
excellent duty performance  as documented by his Enlisted Performance Reports. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent with the 
procedural and substantive requirements of the discharge regulation.  In view of the foregoing findings, the 
Board further concludes that the overall quality of applicant's  service is more accurately reflected by an 
Honorable discharge. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD2006-00065A 

(Former AlC) (HGH SRA) (REHEARING) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a Gen Dish fr Pope AFB, NC 
on 17 Aug 04 UP AFI 36-3208, para 5.49  (Misconduct - Minor 
Disciplinary Infractions) Appeals for Honorable Discharge. 

2.  OTHER FACTS: 

a.  See attached cy of Examiner's  Brief dtd 16 Mar 05. 

b.  The AFDRB reviewed case on 26 Jul 05  (non-appearance 

without counsel) &  concluded applicant's  discharge should not be 
changed. 

3.  BASIS ADVANCED FOR REHEARING:  Appl  (DD Fm 293) dtd 06 Feb 
OG.(Change  Discharge to Honorable) 

ISSUE:  In addition to the documents I have provided.  I would 

like to add, any support I can get in this matter would be 
greatly appreciated.  I really need my GI bill authorized.  If I 
just a  (sic) change in reason for discharge than that would be 
appreciated as well.  Thank you for your time and allowing me to 
take this opportunity. 

Atch 
1. Appointment of Veterans Service Organization Representative. 
2. Police Record Check. 
3.  Six Character References. 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr Pope AFB, NC on 17 Aug  04 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Aug 81.  Enlmt Age: 18 8/12.  Disch Age: 2 3 .   Educ: I I S   DIPL. 

A-48,  E-50,  G-57,  M-66. PAFSC: 2A652 -  Aerospace Ground Equipment 

AFQT: N/A. 
Journeyman.  DAS: 21 Dec 00. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 27 Apr 00 for 6 years. Svd: 04 Yrs 03 Mo 22 Das, all 

AMS . 

b.  Grade Status:  A1C -  10 Feb 0 4   (~rticle 15, 10 Feb 04) 

SrA -  09 Oct 02 
A1C -  09 Jun 00 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 10 Feb 04, Elemendorf AFB, Alaska  -  Article 8 6 .   You, 

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of a lawful 

to wit: "You are 

:  and SrA ;.-..-..-..-..-....-----:I 

did on or about 18 Jan 2004, without authority, fall to 
go at the time prescribed to your appointed place of 
duty.  Article 92.  ,g~-;,--h?-y~?~--~-;gw~edge 
order issued by  1Lt  -----------------------------it 
hereby ordered to have absolutely no contact whatsoever 
............................ 
with the following individuals listed below:  A1C 
'I  or words to 
that effect, an order which it was your duty to obey, 
did, on or about 16 Jan 04, fail to obey the same , - - - - by -  - - - - - - 
wrongfully attending a small gathering with A1C: 
--------------- 
-. -. . . . -. . -.I 
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You, who knew of your duties, on or about 18 
...-..-..-....- 
Jan 04, were derelict in the performance of those duties 
in that you willfully failed to wear your service dress 
uniform to the commander's office, as it was your duty 
to do.  Reduction to AB.  Forfeitue of $596.00 pay per 
month for 2 months.  Restriction to the limits of Base 
for 45 days and 45 days extra duty.  The Commander 
granted yor appeal in part as follows:  Reduction to AU 
with reduction below A1C was suspended.  Forfeiture of 
$596.00 pay per month for 2 months  (Suspended).  Extra 
duty is reduced from 45 days to 20 days extra duty. 

(Appeal/Granted) (No mitigation) 

e.  Additional: LOR, 14 JIJI.,  04 -  Showed up intoxicated for a mandatory 

appointment for alcohol awareness and was 
refused entry.  Security Forces took a 
breathalyzer which indicated you were 
likely driving under the influence, when 
driving to his appointment, four hours 
earlier. 

f.  CM:  None. 

g.  Record of S V :   27 Apr 00 -  27 Dec 01  Elmendorf AFB  5  (Initial) 

28 Dec 01 -  27 Dec 02  Elmendorf AFB  5  (Annual) 
28 Dec 02 -  27 Dec 03  Elmendorf AFB  3  (Annual) 

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

i.  Stmt of Sv:  TMS:  (04) Yrs  (03) Mos  (22) Das 
TAMS:  (04) Yrs  (03) Mos  (22) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Jan 05 

(Change Discharge to Honorable) 

Issue 1:  I feel the things I did were wrong.  But, all my supervision told 
me that I was an exceptional airman an everything would have been overlooked if 
it weren't for the Force Shaping Program.  I was told that I was being kicked 
out not because I was bad, but because they need to meet a quota.  An Honorable 
Discharge would be greatly appreciated. 

ATCH 
None 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 43D AIRLIFT WING (AMC) 
POPE AIR FORCE BASE NORTH CAROLINA 

MEMOKANDUM FOR  A1 

FROM:  43 MXSiCC 

SUBJECT:  Noti tication ~ e r n o r a n d u k  

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 Under 
Honorable Conditions (General) Discharge. I am recommending that your service be characterized 
as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On or about 27 Jun 04, you were unable to attend your mandatory alcohol awareness 

appointment at Life Skills because you smelled of alcohol.  The staff at the Life Skills center 
noticed the smell and refused to see you.  You were then escorted to Security Forces for a 
brcathalyzer and your alcohol content was measured at .03, as documented by a Letter of 
Reprimand, dated  14 Jul04. 

b.  On or about 27 Jun 04, you drove from Myrtle Beach, South Carolina to Pope Air Force 

Base for your alcohol awareness class at Life Skills while you were intoxicated.  You left Myrtle 
Beach on the morning of 27 Jun 04 and made the two-hour drive to Pope AFB fbr your 0930 
appointment at Life Skills.  At 1 148 hours, four hours after you began your drive to Pope AFB, you 
were givcn a breathalyzer test and you registered a .03, as documented by a Letter of Reprimand, 
dated 14 Jul04. 

c.  On or about  18 Jan 04, you did, without authority, fail to go at the time prescribed to your 
appointed place of duty, to wit: 3rd Equipment Maintenance Squadron Commander's Office, as 
documented by an AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 
10 Feb 04. 

(1.  On or about  16 Jan 04, you ha4ing knowledge of a lawful order issued by  1Lt: . . . . . - . - .O I to 
wit "You  are hereby ordered to-b?yeabsolutely no contact whatsoever with the following 
individuals listed below:  A1 C! --------- !and SrA: ------- j"  or words to that effect, an order which it 
was your duty to obey, did, at or nearlElmendorf Air Force Base, Alaska, fail to obey the same by 
wrongfully attending a small gathering with AlC L ----_ --, ' as documented by an AF Form  3070, 
Record of Nonjudicial Punishment Proceedings, dated10 Feb 04. 

--------- 

m i

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-

.--------- 

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e. On or about 18 Jan 04, you were derelict in the performance of your duties in that you 

willfully failed to wear your service uniform to the commander's  office, as it was your duty to do, 
as documented by an AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 
10 Feb 04. 

3.  The 43d Airlift Wing Commander, who exercises SPCM jurisdiction  1b the Separation Authority 
and will decide whethcr you will be dischargcd or retained in the Air Force.  Copies of the 
documents to be forwarded  to the Separation Authority in suppol-t of this recommendation arc 
attached. If you are discharged, you will be ineligible for reenlistment in the Air Force and any 
special pay, bonus, or education ;issistance funds may be subject to recoupment. 

4.  Military counsel may be obtained to assist you.  Contact SSgt : -------- !(extension 4-2362) at the 
Area Defense Counsel's office, to skhedule an appointment with the Area Defense Counsel 
(ADC).  You may have a military cobnsel other than the A-DC, if the lawyer you request is in the 
activc military service and is reasonably available as determined according to AFI 51-201.  In 
addition to military counsel, you havb the right to employ civilian counsel.  The Air Force does not 
pay expenses incident to the employ$~cnt of civilian counsel.  Civilian counsel, if employed, must 
be readily available. 

j 

, - - - - - - - 

5.  You have the right to subrnit a statement in your behalf  Any statements you want the 
Separation Authority to consider must reach me by  5 4 ~ 4  6 4   at  1500  unless you request and 
receive an extension for good cause shown.  Any submitted statements will be forwarded to thc 
Separation Authority. 

6.  If you fail to consult counsel or to submit statements in your behalf in three duty days, your 
failure will constitute a waiver of your right to do so. 
7.  You have been scheduled for a physical examination with em 
Flight Medicine Clinic on  444604 at  / 3 j b  
screening. 

:  ,  Report to Pope AFB 
hours.  In addition, report to Lab ASAP for tIIV 

.------- 

8.  Any pcrsonal 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 http://www.e-publishing.af.mil/. 

C . . . . . . - . - . - . - . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

Commander 

Attachments: 
I .   LOR, dated 14 Jul 04 (2 pgs) 
2.  AF Form 3070, dated 10 Feb 04 (3,pgs) 
3.  Receipt of Notification Memorandum