NAME OF SERVICE MEMBER (LAST, FIRS1' MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

4-..-..-..-..-..-..-..-... 
ISSUES 

A92.01 
A92.03 
A94.05 

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

INDEX NUMBER 

A67.10 

HEARING DATE 

CASE NUMBER 

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EXHIBITS SUBMITTED TO THE BOARD 

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1 
2 
3 
4 

ORDER APPOWTING THE BOARD 
APPLICA'I'ION  FOR  REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS SUHMI'I'.I"F.D AT TIME OF 
PKKSONAI. APPEARANCE 

TAPE RECORDWG OF PERSONAL APPEARANCE I-1E 

10 May 2007 
A P P L I C A ~ S  ISSUE AND SHE BOARD'S  DEClSlONAL R4flONAL ARE DISCUSSED ON THE ATTACHf,@ AIRFORCE DISCHAROE WVIKW' B O W  DECISIONAL R4IIOh'ALE 

FD-2006-00448 

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I 

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1  Case heard in  Washington, D.C. 

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. 

I  Names and votes will be made available to the applicant at the applicant's request. 

. ... 

SAFJMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFH, 7'X 7x1 50-4742 

INDORSEhlENT 

tHOM. 

a 

DATE:  5/15/2007 

SECRETARY OF THE AIR FORCE PERSONNEL COIINCII. 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING. 3HD P1,OOR 
ANDREWS APB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00448 

GENERAL:  The 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 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. 

ISSUE: 

Issue 1.  Although not explicitly stated, applicant contends his discharge was inequitable because it was too 
harsh.  He admits that he made a mistake and instead of dealing with his problems due to a divorce, he 
turned to alcohol.  The records indicated the applicant received three Article  15s for misconduct.  His first 
Article 15 was for driving while under the influence of alcohol.  He was punished with a reduction in grade 
to Senior Airman, fourteen days of extra duty, and a reprimand.  13s second Article  15 was for being drunk 
and disorderly.  For this misconduct, he was reduced in grade to Airman First Class.  His third and final 
Article 15 was for being drunk and disorderly.  He was reduced in grade to Airman Basic and restricted to 
base for 60 days.  The DRB opined that through these administrative actions, the applicant had ample 
opportunities to change his negative behavior.  The Board concluded the applicant's 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 take 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, 
awards and other accomplishments.  They found the seriousness of the willful misconduct offset any positive 
aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the 
reasons which were the basis for this case. 

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 AB)  (HGH SSGT) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Wright Patterson AFB, OH 
on 4 Jul 02 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary 
Infractions).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 30 Jan 73.  Enlmt Age: 24 7/12.  Disch Age: 29 5/12. Educ: HS DTPL. 

AFQT: N/A.  A-53,  E-76,  G-64,  M-78. PAFSC: 2A571 -  Repair &  Reclamation 
Journeyman.  DAS: 4 Dec 01. 

b.  Prior Sv:  (1) AFRes 28 Mar 91 -  17 Sep 91  (5 months 20 days) (Inactive) . 

00 Das, all AMS.  EPRs: 4,4,4. 

(2) Enlisted as AB  18 Sep 91 for 4 years.  Svd: 04 Yrs 00 Mo 

Mos 03 Das, all AMS.  SSgt -  1 Apr 00.  EPRs :  5,5,5. 

( 3 )   Enlisted as SrA 28 Sep 97 for 4 years.  Svd: 03 Yrs 02 

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt 1 Dec 00 for 6 years. Svd: 01 Yrs 07 Mo 04 Das, all 

AMS . 

b.  Grade Status:  AB -  16 May 02  (Article 15, 16 May 02) 
A ~ C  -  18 Apr 02  (~rticle 15, 18 Apr 02) 
SrA -  12 Mar 02  (Article 15, 12 Mar 02) 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 16 May 02, Yokota AB, Japan -  Article 134.  You were, 

on or about 2 May  02, drunk and disorderly which conduct 
was of a nature to bring discredit upon the armed 
forces.  Reduction to AB and restriction to Yokota AB 
Japan for 60 days.  (No appeal) (No mitigation) 

(2) 18 Apr 02, Yokota AB, Japan -  Article 134.  You  were, 

at or near Fussa-shi, Tokyo, on or about 31 Mar 02, 
drunk and disorderly which conduct was of a nature to 
bring discredit upon the armed forces.  Reduction to 
AlC.  (No appeal)  (No mitigation) 

(3) 12 Mar 02, Yokota AB, Japan -  Article 111.  You did, on 

or about 27 Feb 02 at the intersection of Mitchell 
Street and McGuire Ave physically control a vehicle, to 
wit: a passenger car while the alcohol concentration in 

your blood was 0.10 grams of alcohol per  100 milliliters 
of blood or greater as shown by chemical analysis. 
Reduction to SrA, fourteen days extra duty and a 
reprimand.  (No appeal)  (No mitigation) 

e.  Additional :  None. 

f.  CM:  None. 

g.  Record of SV: 2 Mar 00 -  01 Mar 01  Moody AFB  5  (Annual) 

2 Mar 01 -  20 Oct 01  Moody AFB  5  (CRO) 

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

AFGCM W/1 DEV. 

i.  Stmt of Sv:  TMS:  (10) Yrs  (02) Mos  (27) Das 
TAMS:  (09) Yrs  (09) Mos  (07) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 11 Oct 06. 

(Change Discharge to Honorable.) 

Issue 1:  I was enlisted since 1991 with honorable service.  I advanced in 

rank and responsibilities and was at the time going to make the military a 
career.  I know my actions was not becoming of an Air Force NCO however T  hope 
that my 10+ years is not in vain.  I made the mistake of turning to alcohol 
because of my divorce rather than dealing with my problems.  I now have a career 
outside the military and have maintained a clean record.  I support several 
charities and try to help the community as much as I  can. 

Issue 2:  I wish to continue my education to better my life for myself and 

my family.  I would like to know that what I gave to my country is viewed as 
honorable, not tarnished from a moment of bad decisions and weakness. 

ATCH 
None. 

i 

DEPARTMENT OF THE AIR  FORCE 

PACIFIC AIR  FORCES 

( 

US. AIR FORCE 

MEMORANDUM FOR AB: 

;, 36 AS 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,   -zs ypy 4 c  

FROM:  36 ASICC 

SUBJECT:  Notification Memorandum - Board Hearing 

1, I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions according to AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, 
Administrative Separation of Airmen, under the provisions of section H, paragraph 5.49.  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 27 Feb 02, you physically controlled a vehicle while the alcohol 

concentration in your blood was .10 grams of  alcohol per 100 milliliters of blood or greater as 
shown by chemical. analysis.  This is evidenced by the Article 15 dated 22 Mar 02 and the 
establishment of  an Unfavorable Information File. 

b.  On or about 31 Mar 02, you were drunk and disorderly which conduct was of a nature to 
bring discredit upon the armed forces.  This is evidenced by the Article 15 dated 23 Apr 02 and 
an entry made into your existing Unfavorable Information File. 

c.  On or about 2 May 02, you were drunk and disorderly which conduct was of a nature to 
brine discredit upon the armed forces.  This is evidenced by the Article 15 dated 21 May 02 and 
an entry made into your existing Unfavorable Information File, 

3.  This action could result in your separation with Under Other Than Honorable Conditions 
(UOTHC) discharge.  I am recommending that you receive a general.  The commander 
exercising SPCM jurisdiction or a higher authority will make the final decision in this matter.  If 
you are discharged, you will be ineligible for reenlistment in the Air Force and will probably be 
denied enlistment in any component of the armed forces.  In adltion, special pay, bonus, or 
education assistance funds may be subjected to recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an adwnistrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before malung a decision to waive 

any of your rights. 

5.  You have been scheduled for a medical examination.  You must report to the Yokota Melcal 

Facility, Physical Exams Section by Y hours On 
for the examination.  If  you 
wear eyeglasses or contact lenses, bring t  em to the exam with you.  If  you wear contact lenses, 
bring a container to place them in during the exam, 
6 .  Military legal counsel, Captain; ---------------------; 
been scheduled for you to consult him on * at 
Building 708, telephone number 225-8 114, has been obtained to assist you.  An appointment has 
hours.  Instead of the appointed 

counsel, you may have another, if the lawyer you request is in the active military service and is 
reasonably available as determined according to AFI 51-201.  In adltion to military counsel, 
you have the right to employ civilian counsel.  The Air Force does not pay expenses incident to 
the employment of civilian counsel.  Civilian counsel, if employed, must be really available. 

I - - - - - - - - - - - - - - - - - - - - - -  

at the Area Defense Counsel's office, 

7.  Confer with your counsel and reply, in writing, within seven (7) workdays, specifying the 
rights you choose to exercise.  The statement must be signed in the presence of your counsel who 
also will sign it.  If  you waive your right to a hearing before an administrative discharge board, 
you may submit written statements in your own behalf.  I will send the statements to the 
lscharge authority with the case file to be considered with this recommendation,  If you fail to 
respond, your failure will constitute a waiver of  your right to the board hearing, 

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 at the 374th Communication Squadron's Master 
Reference Library. 

9.  If  you request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of  your right to be present at the hearing. 

10.  The discharge board or the discharge authority will make the finding and recommendations 
required under 10 U.S .C. 2005(g). 

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

4 Attachments 
1.  Article 15 (22 Mar 02) 

2.  Article 15 (23 Apr 02) 
3.  Article 15 (2 1 May 02) 
4.  Unfavorable Information File Summary 

Acknowlkdge R e c e i p t