NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

AFSNISSAN 
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AMN 
I 

I 
I  ADDRESS AND OR ORGANIZATION OF COllNSEL 

RECORDREVIEW 

rYpE  GEN 

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I x 
I NAME OF COUNSEI. AND OR ORGANIZATION 

PERSONAL APPEARANCE 

-1 

AMERICAN LEGION 

I 

I 

MEMBER SITTING 

1608 K STREET, NW  WASHINGTON DC 20006 

I 

HON 

1 

VOTE O F  THE BOARD 

(ifi~--T II(YIIIC 

1 

( Y ~ H E R   1 

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DENY 

INDEX NUMBER 

A94.10 

1 

I 

EXHIBITS SUBMITTED T O  THE BOARD 

I  ORDER APPOINTING  THE BOARD 

1 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

HEARING DATE 

CASE NllMHER 

31 May 2007 
APPLICANT'S  ISSlJP AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE AlTACHED AIR FORCE DISCHARGE KEVIEW BOAKU DECISIONAL RATIONA1.E 

FD-2006-00420 

Case heard in  Washington, D.C. 

Advise applicant of thc decision of the Board  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. 

X - Upgrade 
t - Change RE Code 
* - Change Reason and Authority 

SAFIMRBR 
550 C STREET WEST, SUITE 4 0  

INDORSEMENT 

W 

FROM: 

DATE:  612012007 

SECWrARY O F  I'HE  AIR  FORCE PERSONNCI. COIINCII. 
AIR FORCE DISCHARGE  KEVIEW BOAHI) 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANUKEWS AFH.  MU 20762-7UOZ 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

A1R FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00420 

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. 

L . . - . . - . . 
The applicant appeared  and testified  before  the Discharge Review  Board  (DRB),  with  counsel, Mr.: 
, - - - - - - - 
:of the American  Legion, at Andrews AFB on 3 1 May 2007.  The following witnesses also testified on 
i  the applicant's  mother, and 
the agplicant's  behalf: Mr. i 
------------ 
s r  A: -. . -. . -. . --. - .; 

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i the applicant's  father, Ms. : 

the applicant's twin brother. 

'.-..-.a 

I 

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

b.-..-..-..-..-. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: American Legion Statement 
Exhibit #6: Medical Record Documents 
Exhibit #7: Character Letter from applicant's  mother 

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

FINDINGS:  Upgrade of discharge is approved.  Change of reason and authority for discharge, and change 
of reenlistment code are denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety  that  would justify  a  change  of  discharge.  However,  based  upon  the  evidence  and  testimony 
provided by applicant, the Board finds the characterization of the applicant's  service to be inequitable. 

Issues.  Applicant contends his discharge was inequitable because it was too harsh, citing the ongoing 
treatment he received for a medical condition, Attention Deficit Hyperactivity Disorder, which affected the 
quality of his duty performance.  The records indicated the applicant received an Article  15, three Letters of 
Reprimand, and three Letters of Counseling for minor disciplinary infractions and for twice failing his block 
examinations.  After reviewing medical documents confirming the applicant's  diagnosis and treatment for 
ADHD, the Board concluded that the applicant's  medical condition likely contributed significantly to his 
inability to perform certain critical tasks essential to achieving certification in his chosen career field. 

Applicant also contends that his youth and maturity at the time of his enlistment contributed to the 
administrative infractions that resulted in his discharge.  The applicant also contends that he has now 
matured and has integrated the Air Force core values into making "better choices and decisions"  on a daily 
basis.  The Board was also pleased to see the valuable contributions he has made, since his discharge, as a 
self-employed contractor in the technical engineering field for a reputable cable and wireless 
communications company.  The Board determined that the member's  successes after leaving military service 
reflect favorably upon his character and ability to overcome adversity despite the characterization of his 
discharge.  Additionally, recognizing the importance of mentorship of our new Airmen, the DRB further 
determined that had the applicant been assigned an "official sponsor" at tlie time he requested assistance 
during in-processing into his newly assigned organization the cascade of events resulting in cutting his 
career short may not have occurred. 

With reference to the applicant's  coiltention that his legal representation was inadequate, the DRB 
acknowledges the varied work schedules of Area Defense Counsels may involve multiple taskings, while 
provide legal defense covering multiple military installations.  Thus, it is conceivable that the applicant's 
defense counsel did not spend the optimal amouilt of attention, as perceived by the applicant, necessary in 
preparing a proper defense in his case.  Nonetheless, the DRB found no evidence of gross negligence on the 

part of the applicant's  legal counsel to the extent that independently justifies a change in his discharge 
characterization. 

The Board also acknowledged the applicant's  high motivation to re-enter military service, citing a desire to 
serve alongside his twin brother, an active duty Air Force member who has twice deployed to combat 
operations.  However, in view of the applicant's  reported difficulties experienced both during junior high 
school, due to ADHD, and the re-emergence of the disorder so soon after entering military service, the Board 
concluded that the applicant's  clinical diagnosis poses an unreasonable risk for future unexpected 
exacerbations that could adversely affect his well-being and his unit's  mission; particularly under the harsh 
operational conditions and unrelenting mental stressors confronting today's  Air and Space Expeditionary 
Force. 

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  as  Honorable. 
Thus,  the  applicant's  discharge 
characterization should be changed to Honorable 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 AMN) (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Mountain Home AFB, ID on 
2a  Oct 03 UP AFT 36-3208, para 5.49  (Misconduct -  Minor Disciplinary 
Infractions).  Appeals for Honorable Discharge, to Change the RE Code and Reason 
for Disch. 

2.  BACKGROUND: 

a. DOB: 30 Oct 81. Enlmt Age: 20 5/12.  Disch Age: 21 11/12. Educ: HS DIPL. 
AFQT: N/A+  A-51,  E-58,  G-53,  M-40. PAFSC: 1C531 -  Aerospace Control &  Warning 
System Apprentice.  DAS: 18 Nov 02. 

b.  Prior Sv: (1) AFRes 5 Apr 02 -  8 Jul 02 ( 3   months 4 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 9 Jul 02 for 6 years. Svd: 01 Yrs 03 Mo 20 Das, all AMS. 
b.  Grade Status:  A m  -  04 Sep 03  (Article 15, 4 Sep 03) 

A1C -  23 AUg 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 4 sep 03, Mountain Home AFB, ID -  Article 86.  You, 

did, on divers occasions, between on or about 31 J u l   03 
and on or about 4 Aug 03, without authority, fail to go 
at the time prescribed to your appointed place of duty, 
to wit:  building 1788.  Reduction to A m .   Restriction 
to the limits of Mountain Home AFB for 14 days, 
Suspended.  (No appeal) (No mitigation) 

e.  Additional: LOR, 30 JUN 03 -  Failure to go. 

LOR, 24 JUN 03 -  Disclosed critical information concerning 
his unit and it's mission to an individual 
without a need to know. 

LOR, 23 MAY 03 -  Failure to go. 
LOCI 18 FEB 03 -  Failed dorm room inspection. 
LOCI 29 JAN 03 -  Failed block test for the second time. 
LOC, 27 JAN 03 -  Spending extended periods of time in the 
BX without buying anything and making the 
employees uncomfortable. 

f.  CM:  None. 

g.  Record of SV: None. 

) 330 hours in building 512.  The telephone number is 828-2675.  You may consult civilian counsel at 
your own expense. 

5.  You have the right to submit statements on your own 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 on your own behalf, your failure will constitute a 
waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the Physical Examination 
Section at the hospital on Mountain Home AFB.  Your scheduled medical examination is on 

6 ~ ~ 7  2003 at  ) $69-  hours.  You must be in uniform.  If you wear glasses, 

wear them to the scheduled examination. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of 
AFI 36-3208 is available at the Area Defense Counsel's office or your squadron 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 
7 & ~ 7   2003 where you will be issued a temporary ID card valid for 90 days.  If the 
dscharge action is still pending at the end of 90 days, another temporary ID card will be issued to you 
until the case is fmalized. 

10. A copy of this letter also authorizes you to proceed to the Security Forces, Pass and Registration 
2003 

Section, Building 7001, Visitor Control Center, no later than &  b  7 0-8  - 

where you will turn in your Mountain Home AFB vehicle sticker and y&  DoD vehicle decal.  They will 
issue a temporary pennit good for 90 days.  If the discharge action is still pending at the end of 90 days, 
another temporary vehicle permit will be issued to you until the case is finalized, 

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

L..-..-,....-..-..--------IIIIIIIIIIIIII-: 
Commander 

7 Attachments: 
1.  Art 15, dated 04 Sep 03 
2.  LOR,  dated 30 Jun 03 
3.  LOR, dated 24 Jun 03 
4.  LOR, dated 23 May 03 
5.  LOC, dated 18 Feb 03 
6. LOC, dated 29 Jan 03 
7.  LOC, dated 27 Jan 03