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AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE IRITIAL) 

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PERSONAL APPEARANCE 

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NAME 01.  COUNSEI. AND OR ORGANIZATION 

AI)I)RESS AND OR OHGANlZATlON  01.  L'OIINSEL 

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RECORD REVIEW 

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VOTE OF THE BOARD 

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1  1  ORDER APPOINTING THE BOARD 
,  2  1  APPLICA'I'ION  FOR REVIEW OF DlSCHAKGk 

COUNSEL'S  RELEASE '1.0 THE BOARII 
ADDITIONAL  FXllIBlTS  SUBMI'I"I'EI1 AT TIME OF 
PERSONAI. APPEARANCE 

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I  IIEARING  DATE 
1  22 Feb 2007 

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1  3D-2006-00237 

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APPLICANT X  l8SWBANUTHE BOARD"$ DEClSlQNAL RAI'IONAI.'ARE Bl$CUSSED ON THE ATTACIIED MR FORCE DIYHARGE REVIEW BOAK1) 1)ECISIONAL MTIUNALE 

Case heard in Wasl~ington, D.C. 

Advise applicant of the decision ofthc Board, the riglit to a personal appearance witl~/witliout 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. 

550 C SI'RWT WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AIR FORCE DISCHARGE KEVIEW BOARD 
1535 COMMAND DR, EE WING.3RD FLOOR 
ANIJREWS AFB, hlD 20762.711112 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

('ASE  NUMREK 

FD-2006-00237 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was offered a persolla1 appearance  before the Discharge Review Board (DRR) 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  Hoard  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change oldischarge. 

ISSUE: The Applicant states that his discharge did not take into account the fact that he has a sleeping 
disorder.  The medical records indicated that thc applicant participated in a civilian sleep study.  The sleep 
study concluded that the applicant had no significant degree of obstructive sleep apnea.  The records 
indicated the applicant received two Article  15s and three  1,ctters of Reprimand for misconduct.  The 
misconduct included late for work on numerous occasions, arrested and charged with Driving Under the 
Influence, speeding, and failure to go.  The DRB opined that through these administrative actions, the 
applicant had ample opportunities to change his negative behavior.  The Hoard 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 sl~ould not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Pope AFB, NC on 23 Dec 
03 UP AFI 36-3208, para 5.50.2 (Patten of Misconduct  -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 26 May 80.  Enlmt Age: 19 0/12.  Disch Age: 23 6/12. Educ: HS D I P L .  
AFQT: N/A.  A-68,  E-86,  G-82,  M-83. PAFSC: 2A652 - Aerospace Ground Equipment 
Journeyman.  DAS: 17 Feb 00. 

b,  Prior Sv:  (1) AFRes 10 Jun 99 -  29 Jun 99  (20 days)(lnactive). 

4 Das, all AMS.  A m  -  30 Dec 99.  A1C -  30 Oct 00. SrA -  30 Jun 02.  EPRs: 
4,4,3. 

(2) Enlisted AF as AB  30 Jun 99 for 4 years.  Svd: 3 Yrs 9  Mo 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 4 Apr 03 for 4 years. Svd: 00 Yrs 08 Mo 20 Das, all 

AMS . 

b.  Grade Status:  A1C -  07 Jul 03  (Vacation of Suspension, 3 Nov 03) 

c.  Time Lost:  None. 

d.  Art 1 5 ' s :  

(1) 3 Nov 03, Vacation, Pope AFB, NC -  ~rticle 92.  You, 

who knew or should have known of your duties within the 
state of North Carolina, on or about 19 Oct 03, were 
derelict in the performance of those duties in that you 
operated a motor vehicle under the influence of alcohol, 
in violation of North Carolina General Statute 2 0 - 1 3 8 . 1 .  
You, who knew or should have known of your duties with 
the state of North Carolina, on or about 19 Oct 03, were 
derelict in the performance of those duties in that you 
willfully failed to obey the posted speed limit of 
forty-five miles per hour, as it was your duty to do, in 
violation of North Carolina General Statute 20-141. 
Reduction to AlC.  (No appeal)  (No mitigation) 

( 2 )   7 Jul 03, Pope AFB, NC -  Article 86.  You, did, on or 
about 17 Jun 03, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Building 759.  You, did, on or about 19 Jul 03, without 
authority, fail to go at the time prescribed to your 
appointed place of duty, to wit:  Building 759. 

Suspended Reduction to AlC.  Forty-five days extra duty. 
(No appeal)  (No mitigation) 

e.  Additional: LOR, 3 NOV  03 - Arrested and charge with DUI and speeding. 

LOR, 11 APR 03 -  Sixth time late for work. 
LOR, 08 APR 03 -  Fifth time late for work. 

f.  CM:  None. 

g.  Record of SV:  None. 

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

i.  Stmt of Sv:  TMS:  (04) Yrs  (06) Mos  (14) Das 
TAMS: ( 0 4 )   Yrs  (05) Mos  (24) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 19 Jun 06. 

(Change Discharge to Honorable.) 

Issue 1:  That a sleeping disorder was responsible for my failure to show in 

a timely manner which led to an article fifteen and a misconduct discharge.  My 
squadron commander did not take into account due to my comments concerning my 
alarm clocks before I sought medical help. 

ATCH 
1.  Rebuttal letter to administrative discharge action. 
2.  Letter of recommendation. 
3.  Five letters concerning Medical treatment. 

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

MEMORANDUM FOR A 1 C: 

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: 43 MXS 

FROM:  43 MXSICC 

286 Fortress Street 
Pope AFB, NC 28308 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct, specifically, Conduct Prejudicial to Good Order and Discipline.  The authority for 
this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  The most severe type of 
discharge authorized in this case is an Under Other Than Honorable Conditions (UOTHC) 
discharge, if the convening authority determines such characterization is warranted and directs 
initiation of a discharge board,  I am recommending that you be discharged with an Under 
Honorable Conditions (General) service characterization. 

2.  My reasons for this action are: 

a.  On or about 19 Oct 03, you were derelict in the performance of those duties in that you 
operated a motor vehicle under the influence of alcohol, in violation of North Carolina General 
Statue 20-138.1, as documented by an AF Form 366, Record of Proceedings of Vacation of 
Suspended Nonjudicial Punishment, dated 3 Nov 03; Letter of Reprimand (LOR), dated 3 Nov 
03; Intake Report, dated 19 Oct 03; Intoxilyzer Report, dated 19 Oct 03; Affidavit and 
Revocation Report of Chemical Analyst, dated 19 Oct 03; Affidavit and Revocation Report of 
Charging Officer, dated 19 Oct 03; North Carolina Uniform Citation, dated  19 Oct 03 (2 pgs); 
and Arrest Report, dated 19 Oct 03. 

b.  On or about 19 Oct 03, you were derelict in the performance of those duties in that you 
willfully failed to obey the posted speed limit traveling 81 miles per hour in a 45 mile per hour 
zone, as it was your duty to do, in violation of North Carolina General Statute 20-141, as 
documented by an AF Form 366, Record of Proceedings of Vacation of Suspended Nonjudicial 
Punishment, dated 3 Nov 03; Letter of Reprimand, dated 3 Nov 03; Letter of Reprimand (LOR), 
dated 3 Nov 03; Intake Report, dated 19 Oct 03; htoxilyzer Report, dated 19 Oct 03; Affidavit 
and Revocation Report of Chemical Analyst, dated 19 Oct 03; Affidavit and Revocation Report 
of Charging Officer, dated 19 Oct 03; North Carolina Uniform Citation, dated 19 Oct 03 (2 pgs); 
and h e s t  Report, dated 19 Oct 03. 

AMc-~lobal    each for ~rnericrr 

c.  On or about 17 J u n  03, you, without authority, failed to go at the time prescribed to your 
appointed place of duty, to wit:  Building 759, as documented by an AF Form 3070, Record of 
Nonjudicial Punishment, dated 7 Jul03. 

d.  On or about 19 Jun 03, you, without authority, failed to go at the time prescribed to your 
appointed place of duty, to wit:  Building 759, as documented by an AF Form 3070, Record of 
Nonjudicial Punishment, dated 7 Jul03. 

e.  On or about 7 Apr 03, you reported approximately 5 minutes late to work, as documented 

by a Letter of Reprimand (LOR), dated 1 1 Apr 03. 

f.  On or about 1 Apr 03, you reported late to work, as documented by a Letter of Reprimand 

(LQR), dated 8 Apr 03. 

3* 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 higher 
authority, will decide whether you will be discharged or retained in the Air F0rc.e.  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. 

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4.  You have the right to consult counsel.  Military legal counsel may be obtained to assist 
you.  Contact SSgti - - - - - - - - - - I  
!(extension 4-2362) at the Area Defense Counsel's office, at that 
time an appointment will be scheduled for you to consult the Area Defense Counsel.  You 
may consult civilian counsel at your o m  expense.  The Air Force does not pay expenses incident 
to the employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

5.  You have the right to submit a statement in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  1 1 3 0  
receive an extension for good cause shown.  Any submitted statements will be fonvarded to the 
Separation Authority. 

at  1ca03unless you request and 

6. If you fail to consult counsel or to submit statements in your behalf in three days, your failure 
will constitute a waiver of your right to do so. 

7.  You have been scheduled for a physical examination with Dr Horn.  Report to the Pope AFB 
Family Practice Clinic on 15 Dec 03 at 1020 hours.  In addition, report to the Lab ASAP to 
receive HIV screening. 

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 at the orderly room. 

Commander 

Attachments: 
1.  AF Form 366, dated 3 Nov 03 (2 pgs) 
2.  LOR, dated 3 Nov 03 
3.  Intake Report, dated 19 Oct 03 
4.  Intoxilyzer Report, dated 19 Oct 03 
5.  Asdavit and Revocation Report of Chemical Analyst, dated 19 Oct 03 
6 .  Affidavit and Revocation Report of Charging Officer, dated 19 Oct 03 
7.  North Carolina Uniform Citation, dated 19 Oct 03 (2 pgs) 
8.  Arrest Report, dated 19 Oct 03 
9.  AF Form 3070, dated 7 Jul03 (3 pgs) 
10.  Written Presentation, dated 30 Jun 03 
1 1.  Off Base Budget Proposal, dated 30 Jun 03 (2 pgs) 
12.  LOR, dated 1 1 Apr 03 with Response 
13. LOR, dated 8 Apr 03