AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
.~....~..~..~..~..~.~..~., 
: :-.-..-..-..-..-...------: 
rYpE  GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

YES 

No 

X 

I 

I 

GRADE 

SRA 

AFSNISSAN 
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X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

HON 

I 

GEN 

1  UOTHC 

VOTe:OFTIIE  BOARD 

OTHER 

DENY 

*....................-..-..-..-..-.. 

IKDES KUMBER 

ISSL'ES 

A94.05 

A49.00 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
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 NUMBER 

10 May 2007 
APPLICANT S ISSLm AND TWE BOARD'S DLCISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARQE RmtrrW BOARD DECISIONAL RATION.4LE 

I 

I 

I 

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. 

Names and votes will be made available to the applicant at the applicant's request. 
*  Reason and Authority 
+  Reenlistment Code 

TO: 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

FROM: 

*---*, 
DATE:  5/23/2007 

SECRETARY OF THE AIR FORCE  PERSONNEL  COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS AFB. MD 10761-7001 

I 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00453 

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. 

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 and authority 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: 

Applicant contends discharge was inequitable because it was too harsh and based on one isolated incident 
after 26 months of service.  The applicant has also expressed a desire for upgrade of his discharge to qualify 
for reenlistment into the armed forces.  The records indicated the applicant received a Letter of Reprimand 
for driving under the influence of alcohol.  The records also indicated the reason for discharge was for 
unsatisfactory performance.  The applicant was notified by memorandum on May  10,2005 that he was being 
discharged for having nine or more of unexcused absences.  At that time, he had fifteen days to respond to 
the memorandum, in which he failed to respond.  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. 

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 SRA)  (HGH SRA) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAFR Portland IAP, OR on 16 
Aug 05 UP AFI 36-3209, para 3.13.2 (Unsatisfactory Participation).  Appeals for 
Honorable Discharge, to Change the RE Code, and the Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 21 May 64.  Enlmt Age: 18 8/12.  Disch Age: 41 2/12. Educ: HS DIPL. 
AFQT: N/A.  A-86, E-89,  G-90,  M-89. PAFSC: 4N051 -  Medical Services Apprentice. 
DAS: 9 Feb 04. 

b.  Prior Sv:  (1)  USN 01 Feb 83 -  13 Dec 89,  Svd:  6 yrs 10 months 12 

days, of which AMS 6 yrs 0 months 0 days. 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted USAFRes as SrA 23 May 02 for 6 yrs. Svd: 03 Yrs 02 Mo 24 Das, 

of which AMS is 07 months 26 days. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 11 JAN 05 -  Driving under the influence of alcohol. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  SRASDR, SASR, NAVYGCM. 

i.  Stmt of Sv:  TMS:  (10) Yrs  (01) Mos  (07) Das 
TAMS:  (06) Yrs  (07) Mos  (27) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 24 Nov 06. 

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

Discharge) 

Issue 1:  My discharge was inequitable because it was based upon an isolated 

incident after 26 months of exemplary service and outstanding academic 
achievement.  I was fired from my GS-7 ART position with the USAFR due to a 
misdemeanor DUI that I received in August 2004.  I didn't drill with my unit for 
several months afterward because my driver's license was suspended.  I notified 

my First Sergeant as well as numerous other people.  I was told the absences 
were excused.  I received a phone call from the 939 MDS Squadron commander 
informing me that he would, "hate to see my excused absences turn into unexcused 
absences." 

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

Several weeks after my telephone conversation with Colonel; 
that my previously excused absences were now being changed to unexcused and I 
was being processed for dismissal from the US Air Force Reserve.  I felt that my 
punishment was too severe for one isolated incident.  I would like to rejoin the 
US Air Force Reserve or Air National Guard and sincerely hope that my request is 
approved. 

: I was notified 

ATCH 
None. 

. - .  . 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE RESERVE COMMAND 

- QO fS3 

MAY  1 0 2005 

. 

FROM:  HQ AFRCIDPM 

1.55 Richard Ray Blvd 
Robins AFB GA  3 1098-1 635 

SUBJECT: Notification of Initiation of Separation Action Under AFI 36-3209 

1.  By this memorandum, separation action is being initiated to separate you for unsatisfactory 
participation.  The authority for this  separation action is AFI  36-3209,  Chapter 3,  paragraphs 
3.13.2.  Information regarding your entitlement to submit statements about your case, the la& 
usage of such statements and their disclosure is provided in the attached Privacy Act Statement 
(Atch  I).  A  description  of  the  reasons  for  this  separation action  is set forth in  the  attached 
Statement of Reasons (Atch 2) dong with supporting documents.  AFI  36-3209 is available for  . 
your review at your servicing Military Personnel Flight. The types of separation authorized are 
Honorable, General (Under Honorable Conditions) and Under Other Than Honorable Conditions 
Discharge.  The type  of separation recommended in your case is a Generd (Under Honorable 
Conditions) Discharge. 

, 

2.  Withim  24  hours  after you  receive this  memorandum, you  must 'complete and  return  the 
attached acknowledgment of receipt (Atch 3) of this memorandum and the attachments thereto. 

3.  The following is a summary of your rights: 

a,  You &e entitled to consult with a military legal cbunsel who is qualified under Article 
27@)(1),  Uniform Code of Military Justice ,(vCMJ), at no cost to you.  . You may also consult 
i a Judge 
with  civilian leg& counsel of your  choice,  but  at your  own expense. .  Captain: 
Advocate who is qualified under Article 27@)(1), UCMJ, has been designated to represent you 
in connection with this separation action.  Her mailing address is HQ AFRCIJAS, 255 Richard 
Ray Blvd,  Ste 227, Robins AFB GA 3 1098-1 637.  Her phone numbers are DSN 497-1 588, toll 
f n e  1-800-458-5391, commercial (4%) 327-1588,  or fax krnmercial(478)  327-0032,: fax DSN 
497-0032. 

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. -------- 

b.  You have the right to submit pertinent statements and/or documents in your behalf which 
you desire, to be considered in.the disposition of your case.  If you elect to exercise your right to 
submit statements, and you return the attached form (Atch 4)  within 15 days of receipt, you may 
submit statements or documents at any time during the administrative discharge process.  Your 
decision  on  requesting  or  waiving  the  board  hearing  does  not  affect  your  right  to  submit 
statements or documents during the administrative discharge prdeess.  The form must be signed 
either by. you  or  your: legal  counsel and returned to HQ  AFRCIDPM,  155 Richard  Ray  Blvd, 
Robins AFB GA 3 1098-1635. 

c.  If  you need  additional time to respond to this separation action, either you or your  legal 
counsel may submit a written request to HQ AFRCDPM,  155 Richard Ray Blvd, Robins AFB 
GA .31098-1635, for an extension of time, stahg why jiou  need the extra time and how much 
you'll need.  The request must be submitted in sufficient time to reach this office within 15 days 
after receipt of this memorandum. 

4.  You are eligible .for an administrative discharge-board. Within 15 days after you receive this 
memorandum, you may request to have your case heard by an admhistrative discharge board at 
this  headquarters by  completing and  retuming the  attached 'form  (Atch  5) requesting a  board 
hearing.  I f  you desire 'a board hearing, you  must mail the completed fo,m in sufficient time to 
reach this headquarters within  15 days after your receipt of this memorandum.  Othenvise, your 
right to  have your  case heard by  an administrative discharge board  will be considered waived. 
Within  15 days after you receive this memorandum, you may waive your right to have your case 
heard by an administrative discharge board by  completing and'returning the attached form (Atch  . 
6), evidencing your waiver.  All evidence to be submitted to the board for the hearing in  chief 
will  be  provided to the opposing party no  later than five business days prior to the  scheduled 
hearing. . This includes a list of expected witness and a summary of expected testimony.  Failure 
regarding  an 

'  ' to  comply may  cause a. delay or significant recess in the hearing.  Information 

administrative  discharge board  is  provided  at Attachment 7. 

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5.  You are not eligible to apply for transfer to the Retired Reserve. 

6.  You should note that.failure to respond on the selection of one of.these options, or failure to 
request .a delay within  15 days after you receive this memorandum, will constitute waiver of all 
your rights. This.includes the right tohave your case heard by anadministrative discharge board, 
and will resu1t.h 

casebeing processed on the b&is of allthe evidence then available. 

7.  Return envelopes are attached (Atch.8) for your convenience. 

........................................................ 
Deputy Chief, Military Personnel Division 
,  Directorate of Personnel 

c . 

, 

. 

. . 

Attachments: 
1.  Privacy Act Statement 
2.  Statement of Reasons wlsupporting Documentation 
3.  Acknowledgment of Receipt 
4. . Selection of Rights 
5.  Request for Board Hearing 
6.  waiver of Board Hearing 
7.  Discharge Board Info 
8.  Envelopes (2) 

. 

cc: 
HQ AFRCiJAS