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AF | DRB | CY2007 | FD2006-00048
Original file (FD2006-00048.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD WEARING RECORD 

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NAMK OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL2) 
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PBKSONAL APPEARANCE E- 

OH OHLANILA I REVIEW 

X AI)UHkSb  4ND RECORD 

NAME OF C0oNSk.L AND OR ORGANIZATION 

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'OUNSEL 

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AI'I'I.IC'A  1 ION  bOl< REVIEW O F  DISCHARGE 

I  ORDER APPOMTMG THE BOARD 

1  1 
2 
3  1  LETTER O F  NOTIFICATION 
4 
HK1F.P OI- PEKSONNEI. FILE 
COIJNSE1,'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIMI:  OP 
PERSONAL APPEARANCE 

TAPE RECORDING 01:  PERSONAI. API'EARANCE  HE 

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

' 

SAFIMRDR 
550 C STREET WEST, SUITE 10 
RANDOLPH AFB,  1'X 781 50-4742 

hECRETIRY  OF THE 41R  FORCE PEHhO\hkL  <()I h C  11 
\IR  FORCE DlsCH \RGE  RE\  1EN  BO \RD 
15J5CO\IM%hD DR. EE NlYG.JRD FLOOR 
ANDREWS AFB. MU 20762.7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

VASE NLiMRER 

FD420()6-"0048 

GENEFUL:  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.  Applicant  contends discharge was inequitable because it was too harsh.  The records  indicated the 
applicant received  an Article  15 and four Letters of Reprimand  for misconduct.  The  applicant  reccived  an 
Article 15 for prcvious overindulgence of intoxicating liquor, which resulted in applicant being incapacitated 
for proper  duty performance.  He was  punishcd with  a reduction  in grade to Airman  Basic.  I  le received a 
Letter  of  Reprimand  for  marijuana  use  which  led  to  his  discharge  action.  He  had  further  ~nisconduct in 
which he was administratively disciplined for failure in alcohol abuse treatment, and failure to go.  The BRB 
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.  Applicant  states that  his  discharge  did  not  take  into  account  the good things he  did  while  in the 
service. The DRB took note of the applicant's duty performance  as documented  by  his performance  reports, 
letters of recommendation  and other accomplishments.  They found the seriousness of the willful 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. The  DRB was pleased  to see that the  applicant  was doing well  and  has  a good job.  However,  no 
inequity  or  impropriety  in his  discharge  was  suggested  or  found in the  course of  the  hearing.  The  Hoard 
concluded the misconduct of the applicant appropriately characterized his term of service. 

Issue 4.  Applicant contends that he should not be penalized indefinitely for a mistake he made when he was 
young and immature.  The DRB recognized the applicant was 20 years of age when the discharge took place. 
However, 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 lor 
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 AlC) 

MISSING MPR AND  SMR 

1.  MATTER UNDER REVIEW:  Appl  rec'd a GEN Disch fr USAF Keesler AFB, MS on 8 Aug 
01 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 10 Nov 80.  Enlmt Age: 17 4/12.  Disch Age: 20 8/12. Educ: HS DIPL. 

AFQT: N / A .   A-69,  E-85,  G-76,  M-81. PAFSC: 2A551L - Aerospace Maintenance 
Journeyman. DAS: 19 Aug 00. 

b.  Prior Sv: (1) AFRes 28 Mar 98 -  15 Sep 98 (5 months 19 days) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 16 Sep 98 for 4 yrs. Svd: 02 Yrs 10 Mo 23 Das, all AMS, 

b.  Grade Status:  AB  -  11 Jun 01 (Article 15, 11 Jun 01) 

A1C -  17 Jan 00 
Amn -  17 Mar 99 

c.  Time ~ o s t :  None. 

d.  Art 15's:  (1) 11 Jun 01, IiAF Mildenhall, UK -  On or about 27 May 01, 
as a result of previous overindulgence in intoxicating 
liquor, you were incapacitated for the proper 
performance of your duties.  Reduction to AB.  (Document 
missing from file). (No appeal) (No mitigation) 

e.  Additional: (Examiner's Note:  The following documents are missing from 

the file) 

UIF/LOR, 03 JUL 01 - Marijuana use. 
UIF/LOR, 14 JlTN 01 -  Failure in Alcohol Abuse Treatment. 
UIF/LOR, 24 MAY 01 -  Failure to go. 
LOR, 04 OCT 00 -  Consumed alcoholic beverages prior to 
reporting for duty, late for duty on 3 
Oct 00 and missed an appointment. 

f.  CM:  None. 

f.  Record of SV: Examiner's Note:  The following documents are missing 

16 Sep 98 -  15 May 00  Fairchild AFB  5  (Initial) 
16 May 00 -  15 May 01  RAF Mildenhall  4  (Annual) 

from the file) . 

h.  Awards &  Decs:  AFTR, AFOUA, 

i.  Stmt of Sv:  TMS:  (03) Yrs  (04) Mos  ( 1 2 )   Das 
TAMS: (02) Yrs  (10) Mos  (23) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 23 Jan 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Four Character References. 
3. 92 AGS/SGF MX  Customer Feedback. 
4. School Transcript. 
5. Two Training Certificates. 
6. SAF/MRBR Correspondence. 
7. DD Form 214. 
8. Notification Memorandum. 

Fonn Approved 
OM3 No. 0704-00W 
&pire$ Aug 31, 2aM 
fh. prbllc nportlfQ b v d m  lor M e  cdhollon of InformWon Ir rclm.tod to avwaaa SO mlrwrUl p a  rmpoma, lmludlng tha U r n  for rawawlno I n m c t i ~ ,  meatcNr!g  uWng data wurc-, 
gaMlrlm and mrlMJnlnO th data madd, and compkt[na end nu(ow1rrp tho coUwtim of  Infmnrtlon.  Sand cornmenu tqerding tWI bwden smdmlu or any 0 t h  o w q  of thla colleetlon ot 
lnfomutlon, Indudlm ouguggwllmu la rdudw th budon, t o  thr mptmmt of Dofama,  E x e c u ~  Sewlcw e d  C a m m ~ c d o m  O l n t t w u o  107054004). Rwpondmu h u l d  bm  ewon thn 
n o M M n d i n o  w 0th provlllm d Iew,  w p.non e h d  bm  aubJret to any penalty for falling to comply w h  th  eollectlon of Intomtion H k do# mt d b p l q  l curnntly vdM OMB control 
numbu. FLEW$ DO NOT R f 3 u M  YOUR 

COIYlRlXm WRH TO l W I  hRROmATE 

TO T H  -YE  ONIANLUnON. 

ON BACK O f  TH1 ?ME. 

PRIVACY ACT STATEMENT 

AUTHORITY.  10 U.S.C.1663;  E.O.  9397. 
PRlNClPAL PURPOSEW): To apply for a ohanas In the chrractsrizatlon or rooson for military discharge isauod to an individual. 
ROUTINE UBEIS):  None. 
DISCLOSURE: Voluntery;  howwsr, failure to provide identi 
Social Security Number ia strictly to assure propsr identifioa  on of the individurankppropriate reoords. 
1. A%+UCANT  DATA (The pwwn  whose discharge Is to be reviewed).  PLEASE PRINT OR  TYPE INFORMATION. 

ing information m 

% 

im  ode processing of this application.  The rmqumst for 

2.  DATE OF DISCHAROE OR  SEPARATION 
lY WYMMDDI 111 date k mom Uun  16 
y w m a g 8 , w b d t r W f c w m  1491 

4.  DISCHAROE CHARACTERIZATION RECEIVED IX one) 

HONORABLE 

3.  UNIT AND LOCATION AT DlSCHARaE OR 

SEPARATION 

-

UNO6R OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT (Spsdml cwrt&d 

only) 

-

-

UNCHARAGI'ERQED  a SEPARATION TO: 

OTHER tExpkInl 

6. ISSUES:  WHY AN UWRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST IContInw  h I t m  14. 

Uluuuctiona on Ago  3.1 

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I 

m- 

.-.s-m---.-...-- 

5.  BOARD ACTION REQUESTED IX one) 
X CHANGE TO HONORABLE 
H O N O R A B L E  CONDITIONS 

WANOE TO QENERAUVNDER 

CHANQE TO UNCHARACTERUEO 
(Nor spprldle for Air Force1 

 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS lOOTH AIR FtEFUELING WING (USAFE) 

MEMORAMlUM POR AB: ifi...-.-.-.-.-.-............-.-.-.-.-.-...m 

,-----------------------------------------. 

100  Maintenance Squadron 

FROM: 100 MXSICC 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge fiom the United States Air Force for Failure in Alcohol Abuse 
Treatment and Misconduct - Drug Abuse.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.32 and paragraph 5.54.  If my recommendation is approved, your service will be 
characterized as either honorablr; or gewal.  1 am recornrnendj~ t h ~ t  your se--ge  h~,&ggiCtyizeiLgi~ 
general. 

2.  My reasons for this action arc: 

a.  Regarding your Failure in Alcohol Abuse Treatment, on or about 12 June 2001 you failed to 

complete the alcohol and drug abuse prevention and treatment (ADAPT) program.  As a result, you 
received a Letter of Reprimand dated 14 June 2001.  This action was placed in your existing Unfavorable 
Information File (TJIF). 

b.  Regarding your Misconduct - Drug Abuse, on or about 3 July 2001 investigation revealed that 
you used marijuana on at least one occasion.  As a result, you received a Letter of Reprimand dated 3 
July 2001.  This action was placed in your existing UIF. 

3,  In addition, the following information was used in deciding what discharge characterization to 
recommend: 

a.  On or about 4 October 2000, you consumed alcohol beverages prior to reporting for duty.  In 

addition, on or about 3 October 2000, you were late for duty.  Furthermore, on or about 
5 September 2000, you missed an appointment. As a result, you received a Letter of Reprimand dated 
4 October 2000. 

b.  On or about 18 May 2001, you failed to report for duty on time.  As a result, you received a 

Letter of Reprimand d.ate 24 May 200 1.  An Unfauorahlc. ZnfomaWi.- 

cr- 

c.  On or about 27 May 2001, as a result of previous overindulgence in intoxicating liquor, you 

were incapacitated for the proper performance of your duties,  As a result of this incident, you received 
nonjudicial punishment under Article 15, UCMJ, on 11 June 2001.  Your punishment consisted of a 
reduction to the grade of Airman Basic (E-1).  This action was placed in your existing UP. 

4.  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 hgher 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. 

5.  You have the right to counsel.  Military legal counsel has been obtained to assist you.  I have made an 
appointment for you to consult Captl--------- j Area Defense counsel, at building 976, RAF 
Lakenheath, DSN 226-3608 on Thursday, 12 July'2001 at0900 hours.  You may consult civilian 
counsel at your own expense. 

----------- 

6.  You have the right to submit statements in your own behalf.  h y  statements you want the separation 
authority to consider must reach me within three (3) workdays unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

7.  If yon fail to submit statements in your own behalf, your failure will constitute a waiver of your 
right to do so. 

8. You have been scheduled for a Separations Briefing. Please report to Building 436, Room 205, 
FWF Mildenhall, DSN 238-5322 on Monday, 16 July 2001 at 0800 hours. 

9.  You have been scheduled for a medical examination. You mwt-reporh withyour metlie-;,---. 
to Building 926, RAF Lakenheath, Family Practice, on Thursday, 19 Juiy 2001 at 1600 hours, then 
proceed to the Physical Exams Section.  You must be in uniform.  Also, if you have been prescribed 
glasses, you must wear your glasses to the appointment. 

10.  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 at the unit orderly room or the Area Defense Counsel office. 

-  - 

'..............................,~........, 
Commander 

.. 

Attachments: 
1.  Airmen's Receipt of Notification Memorandum 
2.  Letter of Reprimand, dtd 14 Jun 01 VLJIF 
3.  Memorandum from 48 MDOS, dtd 12 Jun 0 1 ' 
4.  Letter of Reprimand, dtd 3 Jul01 w/UIF 
5.  Letter of Reprimand, dtd 4 Oct 00 
6.  Letter of Reprimand, dtd 24 May 01 w m  
7.  Recard of Nonjudicial Punishment, dtd 11 Jun 01 w/UF 

" - \ . .  



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