Search Decisions

Decision Text

AF | DRB | CY2007 | FD2006-00232
Original file (FD2006-00232.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

VAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
......................... 
.------------------------ 
'YpE  GEN 
CaUNsEL 

PERSONAL APPEARANCE 

NAME  OF COUNSEL AND OR ORGANIZATION 

YES 

No 
X 

----------------------------------. 

MEMBER SITTING 

. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

ISSUES 

A94.05 
A93.21 

INDEX NUMBER 

A67.90 

AMN 

- - - - - - - - - - - - - - - I  

L..-....-..-..-! 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION  OF COUNSEL 

X*+ 

X*+ 

X*+ 

X*+ 

X*+ 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING THE BOARD 

APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE  HE 

HEARING DATE 

CASE NUMBER 

I  FD-2006-00232 

20 Feb 2007 
APPLICAM'S ISSUE AND THE BOARD'S DECISIONAL RATlOUAL  ARE DISCUSSED ON THE ATTkCHED AIR FORCE DlSCHARGE REVIEW BOARD DECISIOYAL RATIONALE 

I 

I 

I 

I 

Zase 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 
ipplication to the AFBCMR 

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

"eason 
t Reenlistment Code 

and Authority 

TO: 

SAFlMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

YNDORSEMENT 

DATE:  2/22/2t%07 

i 
I 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DlSCllARGE REVIEW  BOARn 
IS3SCOMMAhD  DR.  EE WlhG.3RD FI.OOR 
ANDREWS AFB, MD 10761-7002 

I 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00232 

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 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, change of reason and authority for discharge, and change of 
reenlistment code are 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:  Although not explicitly stated, applicant contends his discharge was too harsh.  He contends his 
disciplinary actions were as a result of his medical condition.  He has expressed a desire for upgrade of his 
discharge to allow for reenlistment into the armed forces.  The records indicated the applicant received an 
Article  15, a Vacation, two Letters of Reprimand, and two Records of Individual Counseling for misconduct. 
He received an Article  15 for failure to go to appointed place of duty, driving under the influence of alcohol, 
and as a result of his overindulgence of alcohol, he was incapacitated for the performance of duties.  He was 
punished with a reduction in grade to Airman Basic with reduction below Airman suspended and forfeiture 
of pay.  He received a Vacation action for failure to go to appointed place of duty and for previous 
overindulgence of alcohol resulting in failure to perform duties.  He was reduced in grade to Airman Basic. 
He had additional misconduct and was administratively disciplined for failure to go and dereliction of duty. 
The DRE3 opined that although the applicant was being treated for hyperthyroidism, it did not impair his 
ability to know right from wrong or ability to choose the right.  The DRE3  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 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 AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Luke AFB, AZ on 26 Jul 
04 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge, and to Change the 
RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 29 May 82.  Enlmt Age: 18 4/12.  Disch Age: 22 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-50,  E-58,  G-53,  M-69. PAFSC: 3E751 -  Fire Protection Journeyman. 
DAS: 4 Mar 02. 

b.  Prior Sv: (1) AFRes 20 Oct 00 -  20 Aug 01 (10 months 1 day)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 21 Aug 01 for 4 yrs. Svd: 02 Yrs 11 Mo 06 Das, all AMS. 
b.  Grade Status:  AB  -  20 Jan 04 (Vacation of Article 15, 18 Jun 04) 

Amn -  20 Jan 04 (Article 15, 20 Jan 04) 
A1C -  05 Oct 01 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 18 Jun 04, Vacation, Luke AFB, AZ -  Article 86.  You, 

did, at or near Luke Air Force Base, Arizona, on or 
about 12 June 2004, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
building #450.  Article 134.  You, were, at or near Luke 
Air Force Base, Arizona, on or about 12 June 2004, as a 
result of wrongful previous overindulgence in 
intoxicating liquor or drugs incapacitated for the 
proper performance of your duties.  Reduction to the 
grade of Airman  (Should be reduction to AB as Airman was 
already reduced to Airman.  Previous suspended 
punishment was reduction to AB).  Forfeiture of $250.00 
pay.  (No appeal) (No mitigation) 

(2) 20 Jan 04, Luke AFB, AZ -  Article 86.  You, did, at or 

near Luke Air Force Base, Arizona, on or about 6 
December 2003, without authority, fail to go at the time 
prescribed to your appointed place of duty, to wit: 
Building #450.  Article 111.  You, did at or near Luke 
Air Force Base, Arizona, on or about 6 December 2003, at 
the intersection of Eagle Street and Fighter Country 
Avenue physically control a vehicle, to wit: a Jeep, 

while the alcohol concentration in your breath was 0 . 1 0 9  
grams of alcohol per 210 liters of breath or greater as 
shown by chemical analysis.  Article 1 3 4 .   You, were, at 
or near Luke Air Force Base, Arizona, on or about 6 
December 2003, as a result of wrongful previous 
overindulgence in intoxicating liquor or drugs 
incapacitated for the proper performance of your duties. 
Reduction to the grade of Airman Basic, with reduction 
below Airman suspended.  Forfeiture of $ 3 5 0 . 0 0   pay. That 
portion of the forfeitures in excess of $250.00 pay per 
month is suspended. (No appeal)  (No mitigation) 

e.  Additional:  (The following documents are listed on the Notification 

Memorandum, but are missing from the file). 

RIC, 25 APR 04 -  Failure to go. 
LOR, 27 FEB 04 -  Dereliction of duty. 
LOR, 04 SEP 02 - Dereliction of duty. 
RIC, 11 APR 02 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 21 Aug 01 -  20 Apr 03  Luke AFB  4  (Initial) 
21 Apr 03 -  20 Apr 04  Luke AFB  3  (Annual) 

h.  Awards &  Decs:  AFAM, NDSM, AFTR, AFOUA W/VALOR W/1 OLC. 

i.  Stmt of Sv:  TMS: (03) Yrs  (09) Mos  (07) Das 
TAMS: (02) Yrs  (11) Mos  (06) Das 

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

(Change Discharge to Honorable, and Change the RE Code, Reason for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. VA Rating Decision 
3. DD Form 214. 

In 2003,l was diagnosed with hypothryroidism.  This condition causes both physical and psychological changes.  Unaware of the 
condition, I began to dink alcohol because my body was changing and feeling very uncomfortable.  At some point, I got a little out of 
control and was placed on charge for disciplinary action.  I was awarded a General (Under Honorable Conditions) discharge on July 26 
2004.  1 continued to get treatment for my condition through the Veterans Administration hospital at American Lake, WA.  Now, 1 havl 
been leveled out emotionally, 1 have lost some of the weight 1 had put on becuase of the disease and I have quit drinking. I am 
requesting an upgrade of my discharge because of it's medical nature so that I may join the U.S. Air Force Reserves.  I have served my 
country proudly and I wish to continue to do so in some fashion.  I hope you will honor my request and 1 give you my solomn oath to 
be the finest Airman I can possibly be.  Thank you. 

, 

existed for some time before I was diagnosed.  I believe this condition and the unusual and uncertain chemical changes in my mind and 
in my body are the root of the problem I had with discipline and alcohol abuse.  Since beginning treatment (.2 mg Synthroid),'l have 
level out emotionally.  I have stopped drinking all together.  I have time now to understand that my  drinking issue should never have 
been let go so long as to impact my work.  I made that mistake and I own it, but I truly believe that I can move on from that now and be 
a good Airman in the U.S.Air Force Reserves.  I want to have that challenge and that opportunity to excel.  Before my 
hypothryroidism, I was a very good Airman.  I was dedicated and professional.  My job skills were noted as very good even in my 
discharge hearing.  1 have volunteered at a nursing home in Puyallup, WA, and I am volunteer fire fighter and testing to become a full 
time firefighter. 

MAIL WMPLMD APPLICATIONS TQ APPROPRlATE ADDRESS BELOW. 

I 

I 
I 

ARMY 

Army Revkw aoa&  AOUlCY 
B U P W  Plvbkn, St. Lauh 
9700 Plw Avenue 
$t. Louk.  nhb  63132-1200 
[W ~ t t p ; / t w b r ~ ~ ~ y = ~ t ~ g b n ~ m i I ~  

I 

AIR FQRCE 

Air  Forum Awiw Bowde Ausncy 
SAFMRBR 
6BQ-C SWwt Weat,  &iu 4.0 
flaodolph M& TX  7W 604749 

* 
OD FORM 293, MAR 2004 

I 
I 

#AW AND MARINE CORP8 

Nbwnl Quncll  rrf Par8opnsl Board* 
720 I%r#lrlan Strant, S.E. 
Rsom' $00 1NDRB) 
Wuhlngton Navy Yard,  DC  20374-6023 

COAST QUARD 

KS* Wwi Qwrd 
C o m w i d m l  I M P M )  
BIW &mi  W r t .  3.W.  Roem 6800 
Wmhlqbm, DG 30893 

Rga 2 of 4 Pagem 

56TH CIVIL ENGINEER SQUADRON 

LUKE AFB, ARIZONA 85309 

MEMORANDUM FOR AB ; .-.-.-.............------------------------: 
FROM:  56 CESICC 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

JUL 

7  2004 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Misconduct: A Pattern 
of Misconduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this action is 
AFPD 36-32 and MI 36-3208, paragraph 5.50.2.  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 12 Jun 04, you failed to go at the time prescribed to your appointed place of duty 

and you were incapacitated for the proper performance of your duties as a result of wrongful 
previous overindulgence in inmxicating liquor.  For this misconduct, you received a Vacation of 
Suspended Nonjudicial Punishment, dated 18 Jun 04.  Your punishment included reduction to the 
grade of Airman Basic and forfeiture of $250.00,  This action was filed in your Unfavorable 
Information File (UIF). 

b.  On or about 25 Apr 04, you failed to go to your appointed place of duty at the prescribed 
time.  For this misconduct, you received a Record of Individual Counseling, dated 25 Apr 04. 

c.  On or about 7 Feb 04, you were derelict in the performance of your duties.  For this 

misconduct, you received a Letter of Reprimand, dated 27 Feb 04. 

d.  On or about 6 Dec 03, you failed to go to your appointed place of duty at the prescribed time, 

you were driving under the influence of alcohol and incapacitated for the proper performance of 
your duties as a result of wrongful previous overindulgence in intoxicating liquor or drugs.  For this 
misconduct, you received an Article 15, dated 20 Jan 04.  Your punishment included reduction to 
the grade of Airman Basic with reduction below Airman suspended until 19 July 2004 and 
forfeiture of $350.00.  That portion of the forfeitures in excess of $250.00 of your pay per month is 
suspended until 19 Jul04. This action established your Unfavorable Information File (UIF). 

e.  On or about 22 Aug 02, you were derelict in the performance of your duties.  For this 

misconduct, you received a Letter of Reprimand, dated 4 Sep 02. 

f.  On or about 11 Apr 02, you failed to go to your appointed place of duty at the prescribed 
time,  For this misconduct, you received a Record of Individual Counseling, dated 1 1 Apr 02. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher 
authority will decide whether you will be discharged or retained in the United States 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. The separation authority will make the findings 
and recommendations required under 10 U.S.C. Section 2005(g). 

3.  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 Captain; ------------------ iat 7383 N. Litchfield Rd., 
Bldg. 1 150, ext 6701, on f J pL &gat 
counsel at your own expense. 

(13_  9 d 0  hours.  You may consult civilian 

4.  You have the right to submit statements in your own behalf.  Any sta 
separation authority to consider must reach me by  /A  IUL 
/6!!xss 
receive an extension for good cause shown.  I will send them to th6 separation authority. 

ents you want the 
you request and 

5.  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. 

6.  You have been scheduled for a medical examination. You must retrieve your medical records 
from 56'  Medical Group Hospital Outpatient Records and immediately report to Physical Exams, 
Building 810, with your medical records and your copy of this discharge file for the medical 
examination. 

7.  Any personal information you firnish in rebuttal is covered by the Privacy Act of 1974. A copy 
of AFI 36-3208 is available for your use at unit's orderly room. 

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

Attachments : 
1.  Supporting Documents 

a.  Vacation of Suspended Nonjudicial Punishment, dated 18 Jun 04 
b.  Record of Individual Counseling, dated 25 Apr 04 
c.  Letter of Reprimand, dated 27 Feb 04 
c.  Article 15, dated 20 Jan 04 
d.  Letter of Reprimand, dated 4 Sept 02 
e.  Record of Individual Counseling, dated 11 Apr 02 

2.  Receipt of Notification Memorandum 



Similar Decisions

  • AF | DRB | CY2006 | FD2006-00033

    Original file (FD2006-00033.pdf) Auto-classification: Denied

    The Vacation action was for failure to go to appointed place of duty. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH A ~ C ) 1. At or near RAF Lakenheath, UK, on or about 3 Feb 04 you did, without authority, fail to go at the time prescribed to your appointed place of duty and received the same as in paragraph 2k; m. At or near Sheppard Air Force Base, TX, on or about 1 1 Jul03 you were disorderly while on duty and...

  • AF | DRB | CY2007 | FD2006-00463

    Original file (FD2006-00463.pdf) Auto-classification: Denied

    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. 'lo I SAF/MIRD FLOOR ANORF\\S AFR, M D 20762-7002 I (EF-V2) Previous edition will be used 1 I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NllMBLK 1 FU-2006-00463 GENERAL: The applicant appeals for upgrade of discharge to honorable. The...

  • AF | DRB | CY2005 | FD2005-00249

    Original file (FD2005-00249.pdf) Auto-classification: Denied

    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. (Change Discharge to Honorable) Issue 1: I was discharged due to having two Article 15's (sic). For your actions, you were punished under Article 15 UCMJ on 1 Sep 04 consisting of a suspended reduction to...

  • AF | DRB | CY2007 | FD2007-00011

    Original file (FD2007-00011.pdf) Auto-classification: Denied

    'The Vacation action for failure to go resulted in a forfeiture of pay. 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. On 23 Mar 05, you showed up for a firing appointment unshaven, As a result, you received a LRtter of Reprimand (LOR) on 24 Mar 04 (Tab 1-2).

  • AF | DRB | CY2003 | FD2002-0534

    Original file (FD2002-0534.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE GENERAL; The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner's Brief FD2002-0534 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD anna: (Former AMN) (HGH A1C) ‘een, i z 1. On or about 4 Nov 95, you were incapacitatied for the proper performance of your duties as a result of prior overindulgence in alcohol, as evidenced by an Article 15, dated 4 Dec 95, (atch 2); c,...

  • AF | DRB | CY2003 | FD2003-00136

    Original file (FD2003-00136.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0136 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The records indicated applicant received two Article 15s for failure to go and being disrespectful in deportment and using profanity. He also received a Vacation action under the UCMJ for wrongfully using provoking words and being disorderly.

  • AF | DRB | CY2007 | FD2006-00244

    Original file (FD2006-00244.pdf) Auto-classification: Denied

    The records indicated that the applicant received two Article 15's, a Letter of Reprimand, and a Letter of Counseling for misconduct. For these actions you received a Letter of Counseling, dated 05 January 2004. Copies of the documents to be forwarded to the separation authority in support of this recornmmdation are attached.

  • AF | DRB | CY2007 | FD2006-00317

    Original file (FD2006-00317.pdf) Auto-classification: Denied

    OISCIIARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3HI) FLOOR ANDREWS AFB, hlD 20762-7002 I (EF-V2) Previous edition will be used I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00317 GENERAL: The applicant appeals for upgrade of discharge to honorable. 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. SERVICE UNDER REVIEW: a....

  • AF | DRB | CY2006 | FD2005-00301

    Original file (FD2005-00301.pdf) Auto-classification: Denied

    The Board concluded that the basis and characterization of the discharge received by the applicant were found to be appropriate. Issue 3: Punishment was excessive (reduction of two grades; two Article 15s, where the second was unnecessary; 30 days correction custody). For this misconduct, you received an Article 15 on 15 Dec 97.

  • AF | DRB | CY2003 | FD2003-00328

    Original file (FD2003-00328.pdf) Auto-classification: Denied

    The records indicated he received two Articles 15, a Letter of Reprimand, and had an Unfavorable Information File. Attachment: Examiner's Brief FD2003-00328 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD {Former AB) (HGH A1C) 1. Reduction to AB, and 21 days extra duty... {No appeal) (No mitigation) (2) 20 Jun 02, Luke AFB, AZ - Article 111.