NAME OF SERVICE MEMBER (LAST, FIRST MIIIULE INITIAL,) 

GRADE 

A FSNISSA N 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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TYPE  GEN 

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] NAME OF COlINSEI  AND OR OR(;ANIZA'I  ION 

PERSONAL APPEARANCE 

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C o W ~ ~ ~ ~  

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MEMBER SITTING 

1 

ISSUES 

A92.21 

INDEX  NIIMOER 

A67.50 

IIE4RINC DATE 

CASE NUMBEH 

I  AMN 
1  X  I 

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I 

RECORDREVIEW 

ADDRESS AND OR OR(;I\NILA~ION OF COIJNSEL 

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YQT6 OF THE BOARD 

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1 

I 

X 
.- 
X 

t  EXHIHrTS SUBMlTTED TO 'THE BOARD 

1 
2 
3 
4 

ORDER APPOINTING '1'1  IF,  BOARD 

APPLICATION  1'011 REVIEW OF DISCHARGE 
LC'I"1'F.R  OF NOTIFICATION 
BRIEF OF PERSONNBL. FI1.E 
COUNSEL'S  RELEASE TO '1'1  IF.  HOARD 
ADDITIONAL EXHII3I.I'S SUBMITTED AT 'I'IMF OF 

I  PEKSONAI. AI'PE.4RANCE 

-- 

TAPE RECOKDING  OF PPRSONAL APPEARANCE  (IF. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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. 

SAF/MKBI< 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETAHY  O F I H E  AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCIIAR(;E  REVIEW  BOARD 
1535 COMMAND DR. EE WINC.3RD  FLOOR 
ANDHEWS AFO, MD 20762.7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will bc used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-2006-00364 

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

The applicant was offered a persolla1 appearance bcfore the Discharge Review Board  (IIRB) 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  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 two Article 15s for misconduct.  The misconduct included consunling alcoholic beverages 
rendering him unfit for duty, drinking while on telephoile standby, n~akiilg a falsc statement, driving under 
the influence of alcohol, and wrongfully using provoking words and obscene gestures.  The DRB opined 
that through these administrativc actions, the applicant had ample opportunities to change his negative 
behavior.  The Board concluded the inisconduct 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 cited his post-service  activities as justification  for upgrade.  The DRB was pleased to 
hear that the applicant was doing well and has completed a 90-day alcohol rehabilitation program.  However, 
no inequity or impropriety in his discharge was suggested or fouild in the course of the hearing.  The Board 
concluded the misconduct of the applicant appropriately characterized his term of service. 

CONCLUSIONS:  The  Dischargc  Kcview  Roard  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  discharge regulation  and  was  within  the  discrction  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 RE VIE^ BOARD 

2MDREWS AFB, MD 

(Former AMN)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN ~ i s c h  fr USAF Kirtland AFB, NM  on 23 
Jun 00 UP AFI 36-3208, para 5.50  (Pattern of Misconduct).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 19 Aug 78.  Enlmt Age: 19 3/12. Disch Age: 21 10/12. Educ: HS D I P L .  

AFQT: N/A.  A-72,  E-77,  G-68,  M-65. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 27 Oct 98. 

b.  Prior Sv: (I) AFRes 19 Nov 97 -  10 Mar 98  (3 months 21 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB I1 Mar 98 for 4 years. Svd: 02 Yrs 03 Mo 13 Das, all 

AMS . 

b.  Grade Status:  A m  -  11 Jul 99 

c.  Time Lost:  None. 

d.  Art 15)s:  (1) 25 May 00 -  Kirtland AFB, NM  -  Article 91.  You having 
'  a 

:I 

.............................. 
received a lawful order from TSgt I ............................ 
non-commissioned offices, then known by you to be an 
NCO, to be on telepone standby as of 0b0i, 14 May 00, 
which meant you were to remain at your residence and not 
consume alcoholic beverages, an order which it was your 
duty to obey, did, on or about 14 May 00, willfully 
------------ 
disobey the same.  Article 107.  You, did, on or about 
14 May 00, with intent to deceive, make to SrA: ---------- I 
............. 
------------ i an official statement, to wit :  when asked if 
you had exchanged words residents on Ridgecrest Drive, 
you stated, "No, I don't know what you're talking 
aboutu, or words to that effect, which statement was 
totally false, and was then known by you to be so false. 
Article 111.  You, did, on or about 14 May 00, at the 
intersection of Pennsylvania Street and Ridgecrest 
Drive, physically control a vehicle, to wit: a passenger 
car, while drunk.  Article 117.  You, did, on or about 
14 May 00, wrongfully use provoking words, to wit: "fuck 
you, you sons of bitches." or words to that effect, and 
gestures, to wit :  raising yo~-q--mmidQlg-.fiigger, as an , - - - - - - - , 
obscene gesture ,  towards AIC 1 .................... 
, - - - - - - , 
portion in excess of $100.00 suspended.  (No appeal) 

US Air Force.  Forfeiture of $563.00 pay with that 

: and A1C 

..-....'I 

(No mitigation) 

(2) 24 Nov 99, Kirtland AFB, NM  -  Article 92.  You, who 

know of your duties, on or about 1 7   Nov 99, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcoholic 
beverages which rendered you unfit for duty, as it was 
your duty to do.  Suspended reduction to Amn. 
Forfeiture of $250.00 pay for 2 months and 10 days extra 
duty.  (No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 11 Mar 98 -  10 Nov 99  Kirtland AFB  5  (Initial) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (07) Mos  (05) Das 
TAMS: (02) Yrs  (03) Mos  (13) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 16 Sep 06. 

(Change Discharge to Honorable) 

Issue 1:  I have worked diligently to better my way of living since T  was 

discharge.  I completed a 90 day alcohol rehabilitation center  (sic) and am 
proud to be sober.  The Air Force taught me about respect, work ethic, and 
responsbility.  Unfortunately, during the time I was enlisted, I did not convey 
that message to others.  If I could go back and correct the mistakes I made at 
the end of my duty, I would.  Please read the attached letters and upgrade my 
discharge, so I can better myself further with the help of the GI Bill.  Thank 
you. 

ATCH 
1.  Two letter of recommedation. 
2.  Certification of completion. 

i 
DEPARTMENT OF THE AIR  FORCE 

377TH SECURITY FORCES SQUADRON (AFMC) 

KIRTLAND AIR FORCE BASE NEW MEXICO 

MEMORANDUM FOR Amn 1..  . -. . . . -. . . . -. . . . -. . . . -. . . . ,. . . . -. . . . -. ...-.... I 

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

0 7  JUN  2000 

FROM:  377 SFSICC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for misconduct, 
specifically, a pattern of misconduct.  The authority for this action is AFPD 36-32 and AFI 36- 
3208, paragraph 5.50.  Copies of the documents to be forwarded to the separation authority to 
support this recommendation are attached. 

2.  My reasons for this action are: 

a. On or about 30 May 00, you received an Article 15.  For further explanation see attached 

Article 15.  (Atch 1) 

b.  You, who knew of your duties at Kirtland Air Force Base, New Mexico, on or about 17 
November 1999, were derelict in the performance of those duties in that you willfully failed to 
refrain from consuming alcoholic beverages which rendered you unfit for duty, as it was your 
duty to do.  For your misconduct you received an Article 15 dated 30 Nov 99.  (Atch 1) 

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 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 Forcer Special pay; bonuses;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 Captain; 
j,  at building 20200, ext. 6-5554, 
hours.  You may consult civilian counsel at your own expense. 
on  73UA)oA 

....-....- 

at  of4 00 

, - - - - - - - - - I  

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays from today unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

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.  You will complete a medical examination at the 377th Medical Group (Physical Exams) on 
12aClhJcp) 

at  [ ~ l g  

. 

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 in your unit orderly room. 

'L I ... -A- .......... 
Commander 

Attachments: 
1.  Supporting Documentation 
2.  Other Derogatory Data