AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

UAME OF' SERVICE MEMBER (LPIST,  FIRST MIDDLE INITIAL) 
............................. 

-~ - 

. . . . . -. 

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

PERSONAL APPEARANCE 

X 

RECORD REVIEW 

NAME 01.  COUNSEL AND OH OHGANILA llON 

ADDRESS AND OR OHGANIZA llON OF COUNSEL 

I  YI'E  GEN 

'OUNSEL 

YhS 

NO 

X 

I 

I 

I 

MEMBER S1'1 KING 

-. - -- 

!{ON 

-  - - 

I 

O I N  

1 1 0 1 t I C  

VOTE OFTHE: BOARD 

-- -- 
I 

. - - - . . . . . 

( > I l { l R  

D t N Y  

X+* 

X+* 

X+* 

X+* 

xi * 

ISSUES 

A94.06 

INDEX NUMBER 

A69.00 

1 
2 
3 
4 

HEARING DATE 

CASE NUMBLH 

Case heard in  Washington,  D.C. 

EXHlEMTS SUBMITTED TO THE BOARD 

O K U t K  APPOINTMG THE W A R D  
APPL,ICA I ION  FOR  REVIEW O r  D I S C ~ I A I I C I ~  
LCTTCR OI'  NO l  IbICA l  ION 
BRIEF O r  PCRSONNI  I  bII  b 
COIINSbI  'S  KEL.CASC  T0 1111  HOAR11 
AI1IIITIC)NAL r q 4 i l 3 1 l  S SlJHMlTTED AT TIM~"C)F. 
PERSONAL AI'I'I 

411ANCF 

. -. 

"" -- 

TAPE RCCOKIIING OF  PERSONAL APPl  ARANCk HE 

A -- 

.. -- 

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. 

Nan~es and votes will  be  made available to the applicant at the applicant's  request. 

t Reason and Authority 
* Reenlistment Code 

RANDOLPH AFB, TX 781 50-4742 

SECRET4RI  OF THE \IR  hOHCL PLK5OhYFI  COllhCIL 
\IH hOKCL DISCHARCF RE\ IE\\  BO4RD 
1535 COIIMA'ID  UK, LE \\IYC  JRD FLOOR 
ANDHEWS AFB. MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NlJMBER 

FD-2006-00257 

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  rcason  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

The  Board  finds  that  neither  the  evidcnce  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.  The rccords indicated thc 
applicant  received  one  Article  15  and  one  Mcrnorandum  for  Record  for  misconduct.  'The  misconduct 
included Alcohol/Drug Abuse Prevention  and 'I'rcatn~ent Program failure  and Driving  Under the Influence. 
The DRB opined that through these administrative actions, the applicant had ample opportunities to change 
his  negative  behavior.  The  Board  concluded  the  inisconduct  was  a  significant  departure  froin  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 rec'd a GEN Disch fr USAF Mountain Home AFB, ID on 
9 Feb 05 UP AFI 36-3208, para 5.32.1.2.3 (Alcohol Rehabilitation Failure). 
Appeals for an Honorable Discharge, and to Change the RE Code, Reason for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 14 Jul 83.  Enlmt Age: 19 5/12.  Disch Age: 21 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-71,  E-55,  G-48,  M-52. PAFSC: 2A632 -  Aerospace Ground Equipment 
Apprentice. DAS: 22 Oct 03. 

b.  Prior Sv: (1) AFRes 20 Dec  02 -  10 Mar 03  (2 months 21 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 11 Mar 03 for 4 yrs. Svd: 01 Yrs 10 Mo 29 Das, all AMS. 

b.  Grade Status:  AB -  13 DeC 04  (Article 15, 13 Dec 04) 

A1C  -  11 Jul 04 
A m  -  11 Sep 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 13 Dec 04, Mountain Home AFB, ID -  Article 111.  You, 

did, on or about 14 Nov 04, at the Shoppette physically 
control a vehicle, to wit: a passenger car, while the 
alcohol concentration in your breath was 0.16 grams of 
alcohol per 210 liters of breath or greater as shown by 
chemical analysis.  Reduction to AB, 14 days extra duty, 
and a reprimand. (~ppeal/~enied) (No mitigation) 

e.  Additional: MFR, 30 NOV 04 - ADAPT Program Failure, 

f.  CM:  None. 

g.  Record of SV: 11 Mar 03 -  10 Nov 04  Mountain Home AFB  3  (Initial) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (01) Mos  (20) Das 
TAMS: (01) Yrs  (10) Mos  (29) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Jun 06. 

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

Discharge) 

Issue 1:  I would like for my discharge to be changed to an Honorable for 

the reasons that it is affecting my job chances as a civilian.  I was separated 
due to a dui after I was released from the Walker Center Rehabilitation 
facility.  My discharge papers state drug rehab failure, which lends possible 
employers to believe that I am an other drugs such as cocaine, marijuana, and 
many others.  I know alcohol is a drug, but a possible employer sees drug as the 
drugs on the streets and news.  Also, I recently found out that I can't enlist 
in any other service with drug rehab failure on my DD 214.  1 would like to 
enter services this time with a better understanding and a better head on my 
shoulders.  If that is not possible than I at least need it succeed (sic) in 
civilian life.  Thank you for your time. 

ATCH 
None. 

DEPARTMENT OF 'THE AIR FORCE 
366~1-1 EQUIPMENT MAINTENANCE SQUADRON (ACC) 

MOUNTAIN HOME AFB, IDAHO 83648 

MEMORANDUM FOR AH 

........................................................... 

C - . . . . - . . - . - . . - . - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J  

FROM:  366 EMSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discbarge from the United States Air Force for Substance Abuse 
Treatment Failure:  Failure in Alcohol Abuse Treatment due to unwillingness to cooperate.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.32.1.2.3.  If my 
recommendation is approved, your service will be characterized as an Honorable or 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 based on your failure to successfully complete-fieA!cp.h~,j-Dg& 
Abuse Prevention and Treatment (ADAPT) program.  On 30 Nov 2004, Capdm - - - - - - - - - - - - - - - - - - -; 
MC, the ADAPT Program Manager, drafted a memorandum summarizing the findings of a 
treatment team meeting.  Based on your pattern of unacceptable behavior, a recant alcohol-related 
incident, and your unwillingness to comply with ADAPT treatment and program objectives, the 
team determined that you had failed the program  (Atch 1). This discharge action was initiated 
based on this assessment. 

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 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 redistment 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). 
4.  You have the right to consult counsel.  Military legal , _ _ _ counsel 
have made an appointment for you to consult Captain;. .-. ..,-. .-.-. .-:at750  Desert Ave, on 
90 &WI 0s , at  04 3 0   hours.  You may consult civilian counsel at your own expense. 

_ _ _ _ _ _ _ _ _ has 

obtained to assist you.  I 

_ _ _ _ _ been 

. 

5.  You have the right to submit statements on your behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays of the date of this 
memorandum unless you request and receive an extension for good cause shown.  I will forward 
them to the separation authority. 

6.  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. 

7.  You have beeh scheduled for a medical examination.  You must report to the Force Health 
Management Section, Mountain Home AFB Hospital on 
for the examination. 

&A  o 5 , at  o Q ~ D   hours 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A copy 
of AFT  36-3208 is available for your use at your Orderly Room. 

9.  You will surrender your ID card to me immediately.  Proceed with a copy of this letter to the 
Military Personnel Flight (MPF),  Customer Service, Building 512, Mountain Home AFB no later 
than  t 300 L ~ A  20 +,  05 
days.  If the discharge action is still pending at the end of 90 days, another temporary ID card will 
be issued to you until the case is finalized. 

where you will be issued a temporary ID card good for 90 

10, Proceed with a copy of this letter to the Security Forces, Pass and Registration Section, 
Building 7001, Visitor Control Center, no later than  1 b30 ~ P , S  20 A m  0 rwhere you will 
turn in your Mountain Home AFB vehicle sticker and your DoD vehicle decal after which you will 
be issued a temporary vehicle pass good for 90 days.  If the discharge action is still pending at the 
end of 90 days, another temporary vehicle pennit will be issued to you until the case is finalized. 

1 1.  Proceed with a copy of this letter to the Traffic Management Office (TMO), in Building 5 12, 
immediately aRer receiving your separation orders from the Separations Section at the MPF for 
axranging shipment of your household goods. 

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

Commander 

Attachment: 
366 MDOSISGOHA, Memo, dated 30 Nov 2004