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1  NAME 0 1  SCHVICE MEMBER (LAST, FIRST lllnnLE INITI.41,) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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ITYPE 

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GEN 
CaUNSEL 

YES 

No 
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PERSONAL APPEARANCE 

NAME OF COUNSEI, AND ORORGANIZATION 

AUURESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

GRADE 

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RECORD REVIEW 

I  HPAHIMC  DATE 

I  CASK  NIIMBER 

I  ORI1ER APPOINTING THE BOAR11 

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2  1  APPLICA'I'ION  FOR REVIEW OF DISCHAItGE 

LE'I'TER OF NOI'IFICATION 

PEItSONAL APPEARANCE 

I  TAPE Rb.CORDING  01' PERSONAL AI'I'EARANCE 
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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. 

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TO 

L 

SAFJMRRR 
550 C S l a v  I'  WEST, SUITE 40 
RANDO1 1'11  AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

&RUM. 

DA? E: m007 

\F<  YETARY OF THLAIH FORCE FERSONNk I. COUNCIL 
AIR  iORCE DISCHARGC  HhVlFW BOARD 
I535 COMMAND DR, EE WINti.3WD FLOOR 
ANDHLWS AFR. MD 20762  7002 

I 

(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBER 

FD-2006-00352 

GENERAL:  ?'he  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 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. 

ISSUES: 

Issue  1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15. three 1,ctters of Reprimand, and one Letters of Counseling for misconduct. 
The misconduct included late to work, reporting to work with alcohol in his system on two occasions, 
dereliction of duty, failed dorm room inspection, and drunk on duty. 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. 

Issue 2.  Applicant states that his discharge did not lake into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty perforinance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this ease. 

CONCLUSIONS:  The  Discharge  Review  Board  coneludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  discharge  regulation  and  was  within  the  diserction  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 A1C)  (HGH SRA) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Barksdale AFB, LA on 01 
Feb 06 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Jun 82. Enlmt Age: 19 11/12.  Disch Age: 23 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-39,  E-39,  G-59,  M-58, PAFSC: 33751 -  Fire Protection Journeyman. 
DAS: 18 Jun 03, 

b.  Prior Sv: (1) AFRes 5 Jun 02 -  2 Dec 02  ( 5   months 28 days)(Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 3 Dec 02 for 6 yrs. Svd: 03 Yrs 01 Mo 29 Das, all AMS. 

b.  Grade Status:  A1C -  10 Jan 06  (Article 15, 10 Jan 06) 

SrA -  17 May 05 
A1C -  17 Jan 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 10 Jan 06, Barksdale AFB, LA -  Article 112.  You, were, 

on or about 17 Dec 05, found drunk while on duty as an 
Alarm Room Operator,  Reduction to AlC, and forfeiture 
of $820.00 pay per month for 2 months.  (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 20 JUN 05 -  Late for work and arriving with alcohol in 

LOCI 16 MAR 05 -  Failed dormitory room inspection. 
LOR, 29 OCT 04 -  Late for duty and dereliction of duty. 
LOR, 28 SEP 04 -  Late to work and reporting with alcohol in 

his systems. 

his system. 

f.  CM:  None. 

g.  Record of SV: 03 Dec 02 -  15 Jul 04  Barksdale AFB  3  (HAF  Dir) 
16 Jul 04 -  15 Jul 05  Barksdale AFB  4  (Annual) 

h.  Awards &  Decs:  GWOTSM, AFESR W/GB, NDSM, AFTR, GWOTEM. 

i.  Stmt of Sv:  TMS:  (03) Y r s   (07) Mos  (27) Das 
TAMS: (03) Yrs  (01) Mos  (29) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Jul 06. 

(Change Discharge to Honorable) 

Issue 1:  I would like to receive an honorable discharge.  My time in the 

military was a once in a lifetime experience.  During my time spent at Barksdale 
AFB, I was a good worker.  I always put my all into my work.  My awards, and 
work completion is attached. 

ATCH 
1. Applicants Issues. 
2. Global War On Terrorism Expeditionary Medal. 
3. Certificate of Achievement. 
4. Four Training Certificates. 

(' 

(' 

i,  F ; p &  -&35Z 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 2D BOMB WING (ACC) 

BARKSDALE AIR FORCE BASE, LOUISIANA 

MEMORANDUM FOR 2 BWICC 

FROM:  2 BWIJA 

2  6 JAN  2006 

SUBJECT: Legal Review of Administrative Discharge-- 

......................................... 
: 2 CES 

AlC i --------------------------------------- 

1.  1 have reviewed the proposed discharge action case file and find it legally ~ ~ c i e n t  
support a decision to separate A1 C L - - - - - -_ - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - ; 2 CES with an under 
honorable conditions (general) discharge as soon as he is found medically fit for separation. 

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

to 

Backround:  On  18 Jan 06,2 CES/CC properly notified the respondent of the recommendation 
to separate the respondent under the provisions of AFI 36-3208, paragraph 5.49 for misconduct: 
minor disciplinary infractions with an under honorable conditions (general) discharge.  Because 
respondent is not entitled to a board hearing, this case has been pursued via the notification 
procedures of AFI 36-3208, Section 6B. 

2.  Evidence for the Government: 

a.  The respondent was, at or near Barksdale Air Force Base, Louisiana, on or about 17 Dec 
05, found drunk while on duty as an Alarm Room Operator.  As a result, he received nonjudicial 
punishment dated 10 Jan 06. 

b.  The respondent, did, at or near Barksdale Air Force Base, Louisiana, on or about 10 Jun 
05, fail to go at the time prescribed to him appointed place of duty, building number 6426 (Fire 
Station #I).  As a result, he received a Letter of Reprimand dated 20 Jun 05. 

c.  The respondent, did, at or near Barksdale Air Force Base, Louisiana, on or about 9 Mar 
05, fail a dormitory room inspection.  As a result, he received a Letter of Counseling dated 16 
Mar 05. 

d.  The respondent, did, at or near Barksdale Air Force Base, Louisiana, on or about 29 Oct 

04, fail to report to work and was derelict in the required performance of his duties, in that he 
failed to show up on time.  As a result, he received a Letter of Reprimand dated 29 Oct 04. 

e.  The respondent at or near Barksdale Air Force Base, Louisiana, on or about 25 Sep 04 he 

was derelict in the performance of his duties, in that he failed to show up to work on time.  He 

This document contains FOR OFFICIAL USE ONLY (FOUO) information that must be protected 
under the Privacy Act of 1974 (see AFI 33-332).  Do not release outside of DoD channels without the 

consent of the originator's ofice. 

came to work with the smell of alcohol on his breath.  He was escorted to the security forces 
building where he took a breathalyzer.  The test resulted in a -039. As a result, he received a 
Letter of Reprimand dated 28 Sep 04. 

3.  Evidence for the Respondent:  The respondent was properly notified of his right to counsel 
and to submit statements on his behalf for your consideration.  The respondent did consult with 
legal counsel and did submit statements for your consideration. He is proud to have had the 
opportunity to protect and serve this great nation.  The military has given him so much he will be 
able to use outside the military. 

4.  Discussion: 

a.  A basis for discharge exists.  The respondent's discharge is based on misconduct:  minor 

disciplinary idractions.  The authority for this discharge is AFPD 36-32 and AFI 36-3208, 
paragraph 5.49. 

b.  The respondent should be discharged under AFI 363208, paragraph 5.49.  The 

respondent has repeatedly committed minor disciplinary infractions that were followed by 
opportunities to correct his behavior and comply with Air Force standards.  He knows the 
standards of conduct expected of Airmen but has chosen not to meet them.  He has been 
repeatedly drunk on duty, has failed to be on time to work and failed dormitory inspections. For 
committing these minor disciplinary irhactions, the respondent should be discharged. 

c.  The respondent should be given an under honorable conditions (general) discharge. 
Based on the respondent's military record in the current enlistment, including personal conduct, 
performance of duty, and the reason for discharge,  2 CESICC recommends an under honorable 
conditions (general) discharge.  According to AFI 363208, paragraph 1.18.2, a general discharge 
is appropriate when "significant negative aspects of the airman's conduct or performance of duty 
outweigh positive aspects of the airman's military record."  His negative behavior is very evident 
which ranges fiom drunk on duty to failure to uphold work standards. 

d.  Probation and Rehabilitation (P&R) is not appropriate in this case.  P&R gives 

Airmen an opportunity to stay in the Air Force, show that they can meet Air Force standards, and 
complete their current enlistment.  The respondent's retention on active duty in a probationary 
status is not consistent with the maintenance of good order and discipline in the Air Force. 

5.  Options:  As the special court-martial convening authority and separation authority in this 
case, you may: 

a.  Direct retention if you determine the evidence does not warrant discharge; 

b.  Forward this case to the general court-martial convening authority, 8 AFICC, with the 

recommendation that the respondent receive an honorable discharge; 

c.  Direct separation with an 

with or without probation and rehabilitation; 

, '  under honorable conditions (general) discharge 

d.  Return this case to -the unit for re-initiation and consideration of an under other than 

honorable conditions (UOTHC) discharge. 

6.  Recommendation:  Direct respondent's separation with an under honorable conditions 
(general) discharge without probation and rehabilitation. A proposed memorandum to that effect 
is attached for your signature. 

7.  Barment:  Barment from Barksdale Air Force Base is not recommended. 

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

Chief, Adverse Actions 

I concur. 

Attachments: 
1.  Proposed Letter 
2.  Case File 

.-..-.-..-.-..-.-..----------------------------------: 
Staff Judge Advocate 

DEPARTMENT OF 'THE AIR FORCE 

HEADQUARTERS 2D BOMB WING (ACC) 

BARKSDALE AIR FORCE BASE, LOUISIANA 

poZ#a-&  3% 

JAN  1 8  2006 

MEMORANDUM FOR  A1 C\ 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
-----------------------------------------------. 

i,  2 CES 

FROM:  2 CESICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct:  minor 
disciplinary infractions.  The authority for this action is AFPD 36-32, Military Retirements and 
Separations, and AFI 3 6-3208, Administrative Separation of  Airmen, paragraph 5.49.  If my 
recommendation is approved, your service will be characterized as honorable or under honorable 
conditions (general).  I am recommending that your service be characterized as under honorable 
conditions (general). 

2.  My reasons for this action are as follows: 

a.  You, were, at or near Barksdale Air Force Base, Louisiana, on or about 17 Dec 05, found 

drunk while on duty as an Alarm Room Operator.  As a result, you received nonjudicial 
punishment dated 10 Jan 06. 

b.  You, did, at or near Barksdale Air Force Base, Louisiana, on or about 10 Jun 05 fail to go 

at the time prescribed to your appointed place of duty, building number 6426 (Fire Station #I). 
As a result, you received a Letter of Reprimand dated 20 Jun 05. 

c.  You, did, at or near Barksdale Air Force Base, Louisiana, on or about 9 Mar 05 fail a 

dormitory room inspection.  As a result, you received a Letter of Counseling dated 16 Mar 05. 

d.  You, at or near Barksdale Air Force Base, Louisiana, on or about 29 Oct 04 fail to report 
to work and were derelict in the required performance of your duties, in that you failed to show 
up on time.  As a result, you received a Letter of Reprimand dated 29 Oct 04. 

e.  You, at or near Barksdale Air Force Base, Louisiana, on or about 25 Sep 04 were derelict 

in the performance of your duties, in that you failed to show up to work on time and came to 
work with the smell of alcohol on your breath.  You were escorted to the security forces building 
where you took a breathalyzer.  The test resulted in a .039.  As a result, you received a Letter of 
Reprimand dated 28 Sep 04. 

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, and any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

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 Capt; --------------,, 
Building 4714, Third Floor, Barksdale AFB, DSN 781-8355 on 
0 4 9  hours.  You may consult civilian counsel at your own expense. 

Area Defense Counsel, at 
)q  Ahn* 

2006 at 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  2 3 Jlh\  tick^^  2006 unless you 
request and receive an extension for good cause shown.  I will send Idem to the separation 
authority. 

6.  If you fail to consu.lt counsel or to submit statements in yow own behalf, yow failwe will 
constitute a waiver of your rights to do so. 

7.  You have been scheduled for a medical examination.  You must report to the 2d Medical 
Group, Barksdale AFB at 
examination. 

2006 for the 

hours on 

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
Commander 

- - - C  

LJ 

Attachments: 
1.  Receipt of Notification Memorandum 
2.  Record of Nonjudicial ~unishmeni Proceedings, AF Form 3070, dated 10 Jan 06, and 7 pages 
of related documents 
3.  Letter of Reprimand, dated 20 Jun 05 
4.  Letter of Counseling, dated 16 Mar 05 
5.  Letter of Reprimand, dated 29 Oct 04 
6.  Letter of Reprimand, dated 28 Sep 04