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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SEHVICL MEMRLR (LAST, FIRST MIDDLE INITIAI.) 
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PERSONAL APPEARANCE 

TYPE  GEN 

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NAME O F  COUNSEL AND OR OHCANILAI ION 

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ISSUES 

A94.05 

INDEX NUMBER 

A67.10 

HEARING DATE 

CASE NIIMBER 

ED TO THE BOARD 

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ORDER APPOINTING 'TI IE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETI'EK OF NOTIFICATION 
BRIEF OF PERSONNEL. Fll,E 
COIJNSEL'S RELEASE TO THC ROAKI) 
ADDITIONAL  EX1 IIHI'TS  SlJBMITTED AT TIME OF 
I'ERSONAL  APPEARANCE 

I  TAPE RECORDING Oi-  I'kRSONAL  APPEARANC'L: Ill! 

08 Feb 2007 
APPLICANT S  ISSUE AKD THE BOARD'S  DEClSlOYAL  RATIONAL ARK DISCUSSED ON  THE A'I1'ACHEU  AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00177 

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1  Case heard in Washington, D.C. 

Advise applicant of the decision ofrhe Board, the right to a personal appearance withiwithout  counsel, and thc right to submit an 
application to the AFBCMR 
1  Names and votes will be made available to the applicant at the applicant's  request. 

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@ORSEMENT 

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DATE:  2/12/2UU7 

SAFJMRBR 
550 C SI'KBE1' WEST, SUITE 40 
RANDOLPH AFH, 'I'X  781 50-4742 

I  FROM. 

S t C H t l A H I   O t   IHt.AIH  tORCF PFRSOVhLL  COI VClL 
AIR  FORCE DISCllARGE HEVIEH  BOARD 
1 0 5  COhl\lAhn  IJR  FF \\lhC.  JRD FLOOR 
ANDREWS  AFB, MD 10761-7001 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be uscd 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00177 

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 contends discharge was inequitable because it was too harsh after serving 42 months of exemplary 
service.  The records indicated the applicant received an Article  15, a Letter of Reprimand, and a Record of 
Individual Counseling for misconduct.  The applicant received an Article  1 5 for driving under the influence 
of alcohol.  He was reduced in grade to Airman First Class, suspended forfeiture of pay for two months, 
fifteen days of extra duty, and a reprimand.  He was administratively disciplined for dereliction of duty and a 
civilian conviction for driving under the influence of alcohol.  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. 

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 colicludes 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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Minot AFB, ND on 8 Jul 
05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2 .   BACKGROUND : 

a. DOB: 21 Apr 78.  Enlmt Age: 23 4/12.  Disch Age: 27 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-95,  E-91,  G-97,  M-91. PAFSC: 2F051 -  Fuels Journeyman. DAS: 28 
Jun 04. 

b.  Prior Sv: (1) AFRes 17 Sep 01 -  10 Dec 01  ( 2   months 24 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 11 Dec 01 for 6 yrs. Svd: 03 Yrs 06 Mo 28 Das, all TAMS. 

b.  Grade Status:  A1C -  22 Jun 05  (Article 15, 22 Jun 05) 

SrA -  11 Apr 04 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 22 Jun 05, Minot AFB, ND -  Article 111.  You did, on or 

about 26 May 05, on Golf Drive next to the Medical 
Treatment Facility physically control a vehicle, to wit: 
Chevrolet Blazer while the alcohol concentration in your 
blood was 0.10 grams of alcohol per 100 milliters of 
blood or greater as shown by chemical analysis. 
Reduction to A1C.  Suspended forfeiture of $250.00 pay 
per month for 2 months.  Fifteen days extra duty, and a 
reprimand.  (No appeal) (No mitigation) 

e.  Additional: CR, 04 MAR 05 -  Misconduct. 

LOR/UIF,  01 MAR 05 -  Civil conviction for actual physical 

RIC, 22 SEP 04 - Dereliction of duty. 

control. 

f.  CM:  None. 

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Record of SV: 11 DeC 01 -  15 Yul 03  Spangdahlem AF  5  (HAF Dir) 
16 Jul 03 -  01 May 04  Spangdahlem AF  4  (CRI)REF 
02 May 04 -  01 May 05  Minot AFB 

2  (AnnualIREF 

h.  Awards &  Decs:  NDSM, AFTR, AFEM, GWOTSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (09) Mos  (22) Das 
TAMS:  (03) Yrs  (06) Mos  (28) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 03 May 06. 

(Change Discharge to Honorable) 

Issue 1:  I feel all of the reasoning behind my discharge is accurate and 
well documented.  However, I feel that my exemplary service of 42 months does 
not simply warrant a general/under honorable conditions characterization. 
Perhaps a more thorough review of all awards and recognition will justify 
upgrading to an honorable discharge. 

ATCH 
1. Three Certificates of Appreciation. 
2. Armed Forces Expeditionary Medal. 
3. Superior Performance Certificate. 
4. Certificate of Appreciation. 
5. Five Training Certificates. 
6. Certificate of Achievement. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 5th BOMB WING (ACC) 
MINOT AIR FORCE BASE, NORTH DAKOTA 

27 June 2005 

FROM:  5 LRSICC 
SUBJECT: Letter of Notification - AFI 36-3208, Paragraph 5.49 

1.  I am recommending your discharge fiom the United States Air Force for misconduct, 
specifically, minor disciplinary Mactions.  The authority for this action is AFPD 36-32, 
Military Retirements and Separations, 14 Jul93, and AFI 36-3208, Administrative Separation of 
Airmen, 9 Jul04, Chapter 5, Section B, Paragraph 5.49.  I am recommending your discharge be 
characterized as general.  If my recommendation is followed, you will be ineligible for 
reenlistment in the Air Force. 

2.  My reasons for the action are: 

a.  You did, at or near Minot Air Force Base, North Dakota, on or about 26 May 05, on Golf 

Drive next to the Medical Treatment Facility, physically control a vehicle, to wit:  Chewolet 
Blazer while the alcohol concentration in your blood was 0.10 grams of alcohol per 100 
milliliters of blood or greater as shown by chemical analysis.  For this misconduct, you were 
punished under Article 15 of the UCMJ on 22 Jun 05. 

b.  On 23 Feb 05, you were convicted by a local court of actual physical control of a vehicle while 

intoxicated.  You were ordered to pay $325 in hes and court fees, 5 days in jail (which was 
suspended), required to have an alcohol evaluation, and attend a DUI seminar. You received a Letter 
of Reprimand (LOR) on 1 Mar 05.  An Unfavorable Information File (UIF) was established, and 
you were added to a control roster. 

c.  On 21 Sep 04, you were dispatched to the helicopter pad to refuel helicopter tail #69006606. 

You ran over the base of the detour road sign.  Mer returning to the yard a large scrape was 
discovered on the vehicle.  Although it was not known whether the scrape was caused by running 
over the detour sign, you did fail to inspect the refueling unit prior to operating it.  You received a 
Record of Individual Counseling (RlrC) on 22 Sep 04. 

3.  The Letter of Notification with attachments will be forwarded to the separation authority in 
support of this recommendation.  The commander exercising Special Court Martial jurisdiction 
(5 BWICC) 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. 

4.  You have the right to consult counsel.  Military laga!-sgpxn-h-e been obtained to assist you. 
I have made an appointment for you to consult Captain; 

; at the Area Defense 

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Counsel Office, Bldg 475, Room 306A on Tuesday, 28 Jnn 05 at 1000 hours.  You may 
consult civilian 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 by -30 
hours on 36 W  .2005, unless you 
request and receive an extension for good cause.  I will send any statements you provide to the 
separation authority. 

6.  If you fail to consult counsel or to submit statements on 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 5th Medical 
Group Hospital, 10 Missile Avenue on Tuesday, 5 Jul05 at 0840 hours, for the examination. 
You must not drink alcoholic beverages 72 hours prior to the exam. 

8.  The Privacy Act of 1974 covers any personal information you furnish in rebuttal.  A copy of 
AFI 36-3208 is available for your use in the Orderly Room. 

9.  Sign the attached acknowledgment and the Statement of Understanding and return them to me 
immediately. 

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Commander, 5th Logistic Readiness Squadron 

Attachments: 
1.  Receipt of Letter of Notification 
2.  Statement of Understanding 
3.  AF Form 3070, Record of Nonjudicial Punishment Proceedings, 22 Jun 05 
4.  Letter of Reprimand, 8 Mar 05 
5.  AF Form 1058, Unfavorable Information File Action, 4 Mar 05