AIR FORCE DISCHARGE REVIEW ROARD HEARING RECORD 

NAME O F  SERVICE MEMBER (LAST, FIHS'I'  MI1)I)I.L:  INI'I'IAI,) 

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'I'Y PE  GEN 
ColJNBEL 

PERSONAL APPEARANCE 

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NAME OF COIINSEI. AND OR  ORC:ANI%Al'ltlN 

GRADE 

AMN 

AFSNISSAN 
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RECORD REVIEW 

X 
AOIIIIESS AND OR  ORGANIZATION OF COUNSEL 

YES 

No 

X 

MEMBER SITTING 

1 
1 

HON 

I 

VOTE O F  THE BOARD 

GCN 

IJ07.11C: 

I 

I  UI'HER 

I 

----- 

INUEX NllMBEH 

A67.10 

I 

DENY 

I 
I 

X 

X 

X 

X 

X 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING  TI  IE ROARD 

APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF I'ERSONNEL  FILE 
COIJNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME 01: 
I'EIISONAL AI'PEARANCE 

TAPE RECORDING OF PERSONAI, APPEARAN('E  IIE 

22 Mar 2007 
APPLICANT'S ISSUE A N D  THE ROARD'S  DECISIONAL RATIONAL ARE L)ISUUSStU ON 'I'Ht AT1 ACHED A M  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00415 

Case heard in Washington, D.C. 

Advise applicant of the decision of thc Board, thc right to a personal appearance witwwithout colmscl, and thc right to submit an 
application to the AFBCM R 
1  Nan~cs and votes will be made available to the applicant at the applicant's request. 

1  X - Upgrade, Change Reason for Discharge and Change Reenlistment Code 

L' 

TO: 

SAFIMKBK 
550 C: S'I'KbFI' WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

I  FROM; 

D A ~ :

 5/4/2007 

1 

I 

SECRETARY OF THE AIR FORCE PERSONNEI. COIINCII. 
\IN  kORC F 1)lbC HAHGB H F \   IEW  HOANl) 
1535 CO\I\IA\D  D R  EE N I \ C .   3RD FLOOR 
ANIIREWS AFR.  MI) 20762-7002 

AFHQ FORM 0-2077, .JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE 

CASE NUMBER 

FD-2006-00415 

GENERAL:  The  applicant  appeals  for upgrade  of  discharge to  honorable,  to  change  the  reason  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 reason  for discharge, and  change  of reenlistment  code are 
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. 

ISSUE: 

The applicant contends the discharge was inequitable because it was based on one isolated incident in 40 
months of service,  The record indicates that the applicant received an Article 15 for wrongful previous 
overindulgence of intoxicating liquor or drugs that incapacitated him for the proper performance of duty.  He 
was punished with a reduction in rank to Airman.  In addition, the record shows the applicant was denied 
reenlistment for substandard performance.  The record shows that the applicant was discharged for 
Misconduct, Minor Disciplinary Infractions, but was missing the discharge documentation,  Lacking this 
evidence, the Board must rely on the presumption of regularity and finds the characterization, reason for 
discharge and reenlistment code received 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 AMN)  (HGH AlC) 

MISSING DISCHARGE DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Barksdale AFB, LA on 31 
Oct 97. UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 7 May 75.  Enlmt Age: 19 1/12.  Disch Age: 22 5/12. Educ: Bachelor 

Degree. AFQT: N/A.  A-48,  E-62,  G-59,  M-43. PAFSC: 3P031 -  Security 
Apprentice. DAS: Unknown. 

b.  Prior Sv: (1) AFRes 24 Jun 94 -  27 Jun 94 (4 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 28 Jun 94 for 4 yrs. Svd: 03 Yrs 04 Mo 04 Das, all AMS. 

b.  Grade Status:  A m  -  24 Jul 97 (Article 15, 24 Jul 97) 

A1C -  28 Oct 95 
A m  -  28 Dec 94 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 24 Jul 97, Barksdale AFB, LA -  Article 134.  You, were, 
on or about 29 Jun 97, as a result of wrongful previous 
overindulgence in intoxicating liquor or drugs, 
incapacitated for the proper performance of your duties. 
Reduction to Airman.  (No appeal)  (No mitigation) 

e.  Additional: AF 418, 17 JUN 97 -  Denied Reenlistment for substandard 

performance. 

f.  CM:  None. 

g.  Record of SV: 28 Jun 94 -  8 Jun 96  Barksdale AFB  2  (1nitial)REF 

09 Jun 96 -  8 Jun 97  Barksdale AFB  3  (Annual) 

h.  Awards &  Decs:  AFTR, AFOUA W/1 DEV, NDSM. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (04) Mos  (08) Das 
TAMS: (03) Yrs  (04) Mos  (04) Das 

4 .   BASIS ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 13 Oct 06. 

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applican't Issues. 
2 .   DD Form 214. 
3. Three Character References. 
4. Four Letters of Apprication. 
5 .   Certificate of Appreciation. 
6. Two Discharge Certificates. 
7. Two Certificates of Appreciation. 
8. Army Achievement  Medal. 
9. Bachelor of  Science Degree. 

~ P P O R T I N G  DOCUMENTS (X as applicable)~(~lease print  name and Social Security Number on each document.) 

- -  -- - 

. - - - - 

. - - 

WILL  NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

ARE  LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: (Continue on a plain sheet of paper if more space is needed.) 

a.  DOCUMENT 1: 
Character references from military personnel 
b.  DOCUMENT 2: 
Educational achievements 
c.  DOCUMENT 3: 
Military achievements 

8 ,  ISSUES 

The Board will consider any issue submitted  by you prior to closing the case for  deliberation.  The Board will also review the case to 

determine  whether  there are any issues that provide a basis for  upgrading your  discharge.  However,  the Board is not required to respond In 
writing to issues of concern t o  you unless those issues are listed or incorporated by specific  reference below.  Carefully read the instructions 
that pertain to Block  8 prior to completing this part of the application.  If you need more space,  submit additional issues on an attachment. 

I am wanting t o   request an upgrade to my discharge on the basis that it was inequitable 
because it was based on one isolated incident in 40 months of service with no other 
adverse actions. I was working as a SP at Broadside AFB on the morning shift. The night 
before the incident me  and some other coworkers had a Boxing party. We had a SOP that 
stated we could not consume alcohol 8  hours prior to duty. So I went to bed at 2100 
with several coworkers witnessing this. The next day I went to work at 0600 and got to 
my post.  My  shift sergeant  spoke with me and said he smelt alcohol. We went to the 
office to perform a BAT. I passed that, but he stated to me that I had been drinking 
prior to duty. I had several coworkers sign statements stating that I stopped drinking 
8  hours prior to duty. The issue continued until I received a Article 15. After that I 
returned to duty and they would not let me change shifts so I would not have to work 
for the same shift sergeant. I refused to carry a weapon and asked my First Sergeant to 
release me from the Air Force. They did on 19971031. I do not feel like I should have 
received a misconduct discharge because I asked to be relieved. They were going to put 
me back to work. I look back on it now and wish I would have stayed in and continued my 
career. I have been in the Army National Guard for 6 years now and can not get a full 
time AGR job because of the misconduct discharge. I have been working in recruiting for 
3 years and want to become a recruiter. I love my job and want to continue a full time 
military career.  I have been an outstanding soldier with my unit and become a leader. 
I have received awards and metals for my service. 1  love the military and would 
gratefully request that my discharge be upgraded. 

I X  I  I WAVE  LISTED ADDITIONAL  ISSUES AS AN ATTACHMENT  TO THlS APPLICATION. 

R I PREVIOUSLY SUBMITTED AN APPLICATION  ON (Enter dare1 

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED. 

9.  CERTIFICATION 

AND AM COMPLETING THlS FORM IN ORDER TO SUBMIT ADDITIONAL  ISSUES. 

I make the foregoing statements  as part of  my application with full knowledge of the penalties involved for willfully making a false 

statement.  (U.S. Code, Title  18, Section  1001, provides that an individual shall be  fined under this title or imprisoned not more than 5 years, 
or both.) 

a.  DATE (YYYYMMDDI 

b.  SIGNATURE: 

i 

I 

UPON COMPLETION,  MAIL THlS APPLICATION TO APPLICABLE ADDRESS BELOW 

I 

I 

I 

ARMY 

Army Review Boards Agency 
Support Division,  St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St. Louis,  MO  63132-5200 
(See http:/larba.army.pentagon.mil) 
DD FORM 293, DEC 2000 

I 

NAVY L MARINE CORPS 

Naval Council of  Personnel Boards 
7 2 0  Kennon Street,  S.E. 
Rm. 309 (NDRB) 
Washington Navy Yard,  DC 
20374-5023 

I 

AIR  FORCE 

SAFIMIBR 
550-C Street West,  Suite 40 
Randolph AFB,  TX  781 50-4742 

COAST GUARD 

I 
Commandant (G-WPM) 
2100 Second Street,  S.W. 
Washington, DC  20593-0001 

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