1 
1  NAME O F  SERVICE MEMBER (LASI', FIRST MIDDLE INITIAL) 

AIR  FORCE. DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

HON 

I 

VOTE OF THE BOARD 

0Ttfl:K 

I 

-- 
DENY 

GEN 

I  UOTHC 

I 

I  ISSUES 

A94.06 

I  INDEX  NllMBER 

A67.90 

EXHIBITS SllBMlTTED T O  THE BOARD 

1 
2 
3 
4 

0KI)F.K  AI'POINTING  THE BOARD 

APPLICATION  FOR REVIEW 01:  DISCIIARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNtL FILE 
COI.INSEI.'S REI.F.ASE TO THE BOARD 

PERSONAL APIiI:ARANC't: 

TAPf  KI+COKI)IN(; O k  I'tKSONAL  APPEARANCE HE 

HEARING  DATE 

CASE NUMBER 

27 Feb 2007 
APPLICANT'S  ISSUE AND THE B O A W S  bhClSlDNAL RATIONAL ARE, WlSCUSStU ON THE ATTACHED AIR  TORCT. DISCHARGE REVIEW BOARD DFCISIONAL  RATlCiNALE 

FD-2006-00291 

Case heard  in  Washington,  D.C. 
1  Advise applicant of the decision of the Board. 
1  Names and votes will  be  made available to the applicant at the applicant's  request. 

*  Reason and Authority 
+  Reenlistment Code 

--I 

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

INDORSEMENT 

- - - - - - - - - - - - - - - - - - - - - - y - - - - - - - - - - - .  

(/ 

DATE:  3/19/2007 

SAPfMRBR 
550 C STREET WEST. S1117't 40 
RANDOLPH AFB, TX 78 150-4742 

1535COMMANU  DK. EE WING. 3RV  kL.OOK 
ANDKEWS APB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-2006-00291 

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 appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews 
AFB on 27 Feb 2007. The following witness also testified on the applicant's  behalf: Ms.! 
----------- 
' . - . . . . - . . - . 
The following additional exhibits were submitted at the hearing: 

--------------- 
--------------- 

(mother). 

Exhibit 5: American Legion Statement 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The Board grants the requested relief. 

The Board finds that neither the evidence of record  nor that provided by applicant substantiates an 
impropriety that would j ustify a change of discharge.  However, based upon the record and evidence 
provided by applicant, the Board finds the applicant's  character of discharge and reason and authority for 
discharge are inequitable.  The Board determined the applicant's  discharge was too harsh considering the 
circumstances surrounding his misconduct. 

ISSUE: 

Issues.  The applicant was discharged with a general discharge for a pattern of misconduct in August 1998. 
The applicant had two Article  15s and vacation of a suspended forfeiture of pay.  The applicant had three 
alcohol related incidents within less than a one month period of time.  He was punished with a reduction in 
grade, forfeiture of pay and performed extra duty.  The rccords indicated applicant had arrived on station at 
F.E. Warren AFB in February 1998.  Applicant testified that in May  1998, a close friend and member of the 
unit, committed suicide.  He contends that his chain of command never provided grief counseling either for 
the unit or for individuals.  At the same time, he testiiied he was suffering from depression due to family 
problems.  His mother was ill.  His parents were experiencing legal and financial problems with other 
siblings.  Applicant stated that during this time, his command was also going through some changes.  His 
first sergeant and commanding officer had been replaced.  He felt that if his former commander had not been 
replaced, he would have obtained the support and grief counseling as needed.  The applicant's  mother 
provided additional testimony regarding the applicant's  strength of character and their family problems. 
After his discharge, applicant worked as a Public Safety Officer.  He then enlisted with the USMC and was 
deployed on four combat tours.  The applicant provided laudatory letters from his service with the USMC 
citing that he was one of the best Marines in the section, the company and the battalion.  After serving a 
four-year enlistment, applicant was discharged in 2006 with an honorable discharge. 

The Discharge Review Board noted that the applicant's  misconduct happened within a one-month period. 
The Board noted that during this time, he attended a four-hour counseling session as a rehabilitative 
measure.  While the Board did not condone applicant's  misconduct, they did not feel applicant received 
appropriate counseling nor did he receive time for rehabilitation.  The Board also noted the applicant's 
distinguished service record while in the USMC.  When considering the totality of the applicant's  service, to 
include the special circumstances surrounding his misconduct and testimony provided to the DRB, the Board 
believed his discharge was too harsh.  As a matter of equity, the Board believed that the applicant's  military 
service is best characterized as Honorable. 

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. 

However, in view of the foregoing findings, the Board further concludes that the overall quality of 
applicant's service is more accurately reflected by  an Honorable discharge and the reason for the discharge is 
more accurately described as Secretarial authority under the provisions of Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

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

:  (Former AB) (HGH A1C) (REHEARING) 

1.  MATTER UNDER REVIEW:  Appl  rec'd  a Gen Disch fr F.E.  Warren 
AFB,  WY  on 18 Aug  98. UP AFI 36-3208, para  5.50.2  (Pattern of 
Misconduct -  Conduct Prejudicial to Good Order and Discipline). 
Appeals for Honorable Discharge. 

2.  OTHER FACTS: 

a.  See attached cy of Examiner's  Brief dtd 12MARO1. 

b.  The AFDRB  reviewed case on 01 May  01  (non-appearance w/o 
counsel) &  concluded applicant's  discharge should not be changed. 

3.  BASIS ADVANCED FOR REHEARING:  Appl  (DD Fm 293) dtd 31 Jul 
06.(Change  Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

Atch 
1. Applicant's  Issues. 
2.  Six Character References. 

To Military Discharge Review Board: 

In my previous request for Review of Discharge from the Armed Forces of the United 
States, 1 apologized for my behavior resulting in my discharge from the U. S. Air Force. 
This apology remains firm. 

I still realize that I was responsible for my own actions.  Although, I do feel that the 
outcome of my underage drinking was harsh.  In a few short months I turned 21 and there 
would be no basis fox discharge or misconduct.  Please keep in mind that at the time of 
this incident, I was not on duty or on call; this was my time off.  Also, I did not drink 
alone, I observed and continue to observe, similar use of alcohol by minors and often the 
use of illegal substances by members of the Armed Forces. To my knowledge, no 
punishment as harsh as discharge was handed down. 

My previous request for change of discharge was denied by citing the fact that I was 
gainfully employed at the time as a security guard at Sacred Heart University, therefore, 
no reason was found for a change of status.  This statement was and still is entirely 
untrue.  I did not consider my employment as a security guard a career.  From the time of 
my discharge form the Air Force and my enlistment in the Marine Corps, I applied for 
law enforcement positions with the State of Connecticut, New York Police Department, 
numerous towns, cities and universities.  My written scores were high and personal 
interviews were given.  Occasionally, a second interview was arranged, but ultimately the 
results were always the same.  I received letters in the mail stating that other individuals 
were chosen for the position.  Quite frankly, I was baffled by the many rejections I 
received.  I have an AS degree in criminal justice, military experience, my written scores 
were high and I felt I did well on my interviews.  Excellent references were provided and 
my background check was spotless.  Finally, I concluded that my General Discharge for 
misconduct was a strong factor in the many rejections I received for my career choice. 

In closing, as I return to civilian life in October of 2006, I hope to obtain my goal of 
becoming a law enforcement officer and continue to serve my community.  I would like 
to express my gratitude to the U. S. Marine Corps. for giving me the opportunity to prove 
my loyalty, ability to serve my country, lead and stand beside my fellow Marines during 
four combat tours. In retrospect, I am sure that as an Airman if given the opportunity, I 
would have proven to be an asset to the U. S. Air Force in the protection and defense of 
my country. 

Respectfully submittedj 
............................. 

--------------- 

DEPARTMENT OF THE AIR FORCE 

QOTH SPACE WING (AFSPC) 

FROM:  790 SFSICC 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge fkom the United States Air Force for a pattern of 
misconduct.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If 
my recommendation is approved, your service could be characterized as honorable, general, or 
under other than honorable conditions.  I am recommending that your sexvice be characterized as 
general. 

2.  My reasons for this action are: 

a.  You, who knew of your duties at Francis E. Warren Air Force Base, Wyoming on or about 

20 June 1998, were derelict in the performance of those duties in that you willfully failed to 
refrain fkom consuming alcoholic beverages while underage, as it was your duty to do.  For this 
conduct, you received an Article 15 on 14 Jul98 and it was placed in you existing Unfavorable 
Information File (UIF). 

b. You, who knew of y o u  duties at Francis E. Warren Air Force Base, Wyoming on or about 

20 June 1998, were derelict in the performance of those duties in that you willfully failed to 
refrain fiom consuming alcoholic beverages while underage, as it was your duty to do.  For this 
conduct, you received a vacation of suspended nonjudicial punishment on 14 Jul98. 

c. You, who knew of your duties at Francis E. Warren Air Force Base, Wyoming on or about 

30 May 1998, were derelict in the performance of those duties in that you willfully failed to 
refiain from consuming alcoholic beverages while underage, as it was your duty to do.  For this 
conduct, you received an Article 15 on 12 June 98 and had a UIF established. 

d.  You were, at or near Francis E. Warren Air Force Base, Wyoming, on or about 30 May 

1998, as a result of wrongful previous overindulgence in intoxicating liquor incapacitated for the 
proper performance of your duties. For this conduct you received an Article 15 and had a UIF 
established. 

e.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 1 June 1998, 
wrongfully possess an official identification card for the state of Connecticut, then well knowing 
the same to be unauthorized.  For this conduct you received an Article 15 and had a UIF 
established. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial jurisdiction 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. 

GUARDIANS OF THE HIGH FRONTIER 

4.  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 with an attorney at the Area Defense Counsel's 
Office, Bldg. 292, ext. 3248, on 
civilian counsel at your own expense. 

at  -BddhJ  . You may consult 

?& 

5.  You have the right to submit a statement on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays after receipt of the 

notification letter, that date being + , unless you request and receive an extension for 

good cause shown.  I will send any sta ements you submit to the separation authority for his 
consideration. 

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.  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 in your squadron orderly room. 

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

. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - a  

Commander, 790th Security Forces Squadron 

Attachments: 
1.  AF Form 3070 wIAtohs, dated 14 Jul98 
2.  M Form 366 wIAtch, dated 14 Jul98 
3.  AF Form 3070 wIAtchs, dated 12 Jun 98 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

FD-01-00077 

(Former AB) MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF 98/08/18 UP AFI 36- 
3208, para 5.50.2  (Pattern of Misconduct),  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 77/10/18.  Enlmt Age:  19 5/12.  Disch Age:  20 10/12. Educ:HS DIPL. 

AFQT: N/A.  A-87,  E-53,  G-48,  M-60.  PAFSC: 3P031 -  Security Forces 
Apprentice. DAS:  98/02/21. 

b.  Prior Sv: AFRes 97/03/21 -  97/09/30 (6 months 10 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as A1C 97/10/01 for 4 yrs.  Svd:  0 Yrs 10 Mo 18 Das, all AMS. 
b.  Grade Status:  AB -  98/07/14 (Article 15, 98/07/14) 
AMN  -  98/06/12 (Article 15, 98/06/12) 

c.  Time Lost:  none. 
d.  Art 15,s:  (1) 98/07/14, F.E.  Warren AFB, WY - Article 92.  You, who 
knew of your duties, o/a 20 Jun 98, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from consuming alcoholic beverages 
while underage, as it was your duty to do.  Rdn to AB, 
and 30 days extra duty.  (No appeal) (No mitigation) 
(2) 98/07/14, Vacation, F.E.  Warren AFB, WY - Article 92. 

You, who knew of your duties, o/a 20 Jun 98, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcoholic 
beverages, while underage, as it was your duty to do. 
Forfeiture of $463.00 pay per month for 2 months. 
(No appeal)  (No mitigation) 

(3) 98/06/12, F.E.  Warren AFB, WY - Article 92.  You, who 
knew of your duties, o/a 30 May 98, were derelict in 
performance of those duties in that you willfully 
failed to refrain from consuming alcoholic beverages 
while underage, as it was your duty to do.  Article 
134.  You, were, o/a 30 May 98, as a result of wrongful 
previous overindulgence in intoxicating liquor 
incapacitated for the proper performance of your 
duties.  Article 134.  You, did, o/a 1 Jun 98, 
wrongfully possess an official identification card for 

the state of -------- , you, the said ------- , then well 
knowing the same to be unauthorized.  Rdn to Amn, 
forfeiture of $519.00 pay per month' for 2 months  (susp 
till 11 Dec 98), and 15 days extra duty.  (No appeal) 
(No mitigation) 

e.  Additional: none. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from F.E.  Warren AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (4) MOS  (28) Das 
TAMS:  (0) Yrs  (10) Mos  (18) Das 

4 .   BASIS ADVANCED FOR REVIEW: 

Appln  (DQ Rn 293) dtd 01/01/25. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting that my discharge from the United States Air 

Force be upgraded from General (Under Honorable Conditions) to the status of 
Honorable. 

Enclosed are letters attesting to the fact that I have matured as an adult and 
have demonstrated responsibility in my personal and occupational affairs. 
I am presently applying for the position of Police Officer in several -------- 
cities and feel that an upgrade of my discharge might attest to the maturing 
of my character. 
I have been employed as a member of the Public Safety Department of ------ 
University since January of 1999 and have a --------  State Pistol and Revolver 
Permit since January 5, 2000. 

While I did not realize the significance of my actions while a member of the 
United States Air Force, which I must attribute to immaturity, I now feel that 
my ci~ilian'activit~ have demonstrated my ability to be a responsible member 
of society. 

I respectfully request your consideration of this submission and that final 
disposition will result in the upgrading of my discharge to Honorable 
Conditions. 

ATCH 
1. Three Character References. 
2. Basic Certification. 
3. Driver's License. 
4. Two DD Forms 214. 
5. VA Cover Letter.