Search Decisions

Decision Text

AF | DRB | CY2007 | FD2007-00013
Original file (FD2007-00013.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

IAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INI'I'IAL) 
...................... 
1 

PERSONAL APPEARANCE 

I 
1  NAME OF COUNSEL AND OR ORGANIZATION 

YPE GEN 

cQuNSIEE 

I 

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

SSLlES 

A94.05 
A92.00 

INDEX NUMBER 

A64.00 

MARING DATE 

CASE NUMBER 

GRADE 

SSGT 

1 
1  x  1 

I 

I 

AFSNISSAN 

I  ; -..-.-..-....-, 
I  ! 

RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

I 
EXHIBITS SUBMITTED TO THE BOARD 

I 

I 

I 

ORDER APPOINTJNCI THE BOARD 
APPLICATION FOR REVIEW OF DISC[-IARCiE 

1 
2 
3  1  LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEL FILE 
4 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECOKDWG OF PERSONAL APPEARANCE I  IE 

1 
I 

24  May 2007 
VPLICANT'S  ISSUE AND TH6 BOARD'S DRCTSIOXAL RATIONAL ARE DISCUSSED ON M E  ATTACHED AIR FORCE DISCMRCIE REVIBW BOARD DECIUQNAL  RATIONALE 

I 

I 

I 

:ase  heard in Washington, D.C 

idvise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an 
~pplication to the AFBCMR. 

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

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

u  ' ~ ? ~ O R $ I % I E N T  

DATE:  5/29/2007 

r 0 : 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
KANIIOLI'H  AFB. TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COIINCI12 
AIR  FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING. 3RD FLOOR 
ANDREWS AFH. Mn 20762-7002 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2007-00013 

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. Applicant contends discharge was inequitable because it was too harsh.  He contends that he had 
just finished an alcohol rehabilitation program and had a relapse.  Shortly after his relapse, his command 
started processing his separation.  The records indicated the applicant received an Article 15 for misconduct. 
The Article 15 was for being drunk and disorderly; and for assaulting an individual by striking his face with 
his hand.  He was punished with a suspended reduction in grade to Senior Airman, forfeiture of pay for two 
months, and restricted to the limits of Riyadh Air Base for 45 days.  The records also indicated at the time 
applicant was being processed for discharge, he waived his right to an administrative discharge board with a 
conditional waiver for receipt of a general discharge.  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, 
letters of recommendation 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 SSGT) (RGH  SSGT) 

1.  MATTER UNDER  REVIEW:  Appl rectd a GEN Disch fr USAF Kelly AFB, TX on 01 May 
95 UP AFI 36-3208, para 5.50.1 (Pattern of Misconduct -  Discreditable Involvement 
With Military or Civil Authorities).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 2 Nov 64.  Enlmt Age: 19 7/12.  Disch Age: 30 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-34,  E-96,  G-96,  M-94. PAFSC: 23153 -  Ground Radio Communications 
Journeyman. DAS: 11 Jul 91. 

b.  Prior Sv: (1) AFRes 29 Jun 84 -  12 Jul 84  (14 days)(Inactive) 

(2) Enlisted as AB 13 Jul 84 for 4 yrs.  Extended 14 Nov 85 

for 11 months.  Reenlisted as SrA 21 Aug 87 for 4 yrs.  Extended 5 Mar 90 for 10 
months.  Extended 9 Jan 91 for 3 months.  Svd: 7 yrs 11 months 17 days, all AMS. 
AMN -  13 Jan 85.  A1C -  13 Sep 85.  SrA -  13 Jul 87.  Sgt -  Unknown.  APRs: 
9,9,9,9,9. EPRs: 3,3,4,4. 

ART 15:  1 Sep 89, Rhein Main AB, Germany -  Article 111.  You did, on 

or about 15 Aug 89, in the parking lot of building 168, 
operate a vehicle, to wit: a passenger car while drunk. 
Suspended reduction to A1C.  Forfeiture of $216.00, and 14 
days extra duty.  (No appeal) (No mitigation) . 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as Sgt 30 Jun 92 for 2 yrs.  Extended 5 N o v  93 for 12 

months.  Extended 5 Apr 94 for 25 months. Svd: 02 Yrs 10 Mo 01 Das, all M S .  

b.  Grade Status:  SSgt -  1 Oct 93 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 5 Feb 94, Kelly AFB, TX -  Article 134.  You were, at or 

near Manama, Bahrain, on or about 16 Jan 94, drunk and 
disorderly, which conduct was of a nature to bring 
discredit upon the armed forces.  Article 128.  Further 
investigation has disclosed you did, at or near Manama, 
Bahrain, on or about 16 Jan 94, assault Mehdi Abdulla 
Ahmed by striking his face with your hand.  Suspended 
reduction to SrA.  Forfeiture of $250.00 pay per month 
for two months, and restriction to the limits of Eskan 
Village and Riyadh Air Base, Kingdom of Saudi Arabia for 
45 days. (~ppeal/Denied) (No mi tigat ion) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 20 Mar 92 -  19 Mar 93  Kelly AFB  4  (Annual) 

20 Mar 93 -  19 Mar 94  Kelly AFB  2  (AnnualIREF 

h.  Awards &  Decs:  AFAM, AFLSAR W/1 DEV, AFTR, SWASM W/1 DEV, AFOSSTR, 

AFOSLTR, NDSM, NCOPMER, AFOUA W/1 DEV, AFGCM W/2 DEVS. 

i.  Stmt of Sv:  TMS:  (10) Yrs  (10) Mos  (13) Das 
TAMS: (10) Yrs  (09) Mos  (19) Das 

4.  BASIS ADVANCED FOR REVIEW:  AppLn  (DD Fm 293) dtd 03 Jan 07. 

(Change Discharge to Honorable) 

Issue 1:  At the time of my separation, 1 had just finished Alcohol 

Rehabilitation and unfortunately 1 had a relapse.  My command did not belive 
(sic) that relapses might be part of the rehabilitation process.  It was shortly 
after my relapse, that my command started processing separation. 

I honestly feel it took this relapse to confirm what I was told in rehab.  I am 
an alcoholic. I am not able to drink alcoholic beverages responsibly.  This has 
been a long process for me. I have quit drinking on occasions only to fall back 
into depression and then start drinking again.  Really, I find just about any 
excuse to drink alcohol. 

However, I do realize I have a problem and I am dealing with it the best I can. 
I am currently in a 12 step program. 

I request the Discharge Review Board conduct a review of my military records.  I 
had 10 years 9 months and 19 days of creditable service.  My evaluations had 
always been high, but at the end I did start drinking.  While stationed in 
Germany I was cited for driving while intoxicated.  I received a  (sic) Article 
15 punishment for this offense.  However, after the offense I served honorably 
several years.  It was not until I went to alcohol rehab that I was process 
(sic) for separation. 

I believe my service in the United States Air Force should be classified as 
"Honorable. I' 

ATCB 
None. 

DEPARTMENT OF THE AIR FORCE 

AIR INTELLIGENCE AGENCY 

0 3  FEB  1995 

MEMORANDUM FOR SSgt i 

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

3  93 I S  (AM) 

FROM:  93 ISICC 
SUBJECT:  Notification Letter - Board Hearing 

1.  I am recommending your discharge fiom the United States Air Force for misconduct, according 
to AFPD 36-32 and  AFI 36-3208, under the provisions of paragraph 5.50.1, Discreditable 
Involvement with Military or Civil Authorities.  Copies of the documents to be forwarded to the 
separation authority to support this recommendation are attached, 

2.  My reason for this action is: 

a.  That you did wrongiklly operate a motor vehicle while under the influence of alcohol at or 

near San Antonio, Texas, on or about 9 December 1994. 

b.  That you were,  at or near Manama, Bahrain, on or about 16 January 1994, drunk and 

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

That you did, at or near Mamma, Bahrain, on or about 16 ~ a i a r ~  

disorderly. 
assault; . -. -. . -. . . . -. . -. -. . -. . . . -. .* 
February 1 994. 

:  For these acts of  misconduct, you received an Article 15 on 5 

1994, wrongfully 

3.  This action could result in your separation with a service characterization of Under Other 
Than Honorable Conditions.  I am recommending that you receive a service characterization of 
General.  The commander exercising special Court-Martial 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 you will probably be denied enlistment in any component of the armed 
forces. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative 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. 

"Freedom Through Vigilance" 

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

waive any of your rights. 

20 

hours, on 

Peb  g5 

- - - - - - - - - , 

5.  You have been scheduled for a medical examination.  You must report to the 65 1st Medical 
Squadron, Kelly AFEl TX, at  0730 
6.  Military legal counsel, a - - - - - - - - I  
, Area Defense Counsel 
Office, Bldg 6241, extension 3-2924, has been obtained to assist you.  An appointment has been 
scheduled for you to consult M e r  on  3  Feb 
Lackland AFB, Texas.  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 
5 1-20 1.  In addition 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 readily available. 

, at 0830 hours, Building 6241, 

1995. 

7.  Confer with your counsel and reply, in writing, within 7 workdays, specifjling 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 discharge 
authority with the case file to be considered with this recommendation.  If you fail to respond, 
your failure will constitute a waiver of the right to the board hearing. 

8.  Any personal information you firnish in rebuttal is covered by the Privacy Act Statement of 
1974.  A copy of AFI 36-3208 is available for your use in the squadron orderly room. 

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). 

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

L - - - - - - - - - - - - - - - - - - - - - - - - - v - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - m  

Commander 

9 Attachments: 
1.  SP ROI number 94-373 
2.  Article 15, dated 5 Feb 94 
3.  Record of Supplementary Action 
4.  Article 15, dated 1 Sept 89 
5 .   AF Form 398, dated 26 Nov 85 
6. AF Form 398, dated 3 1 Aug 94 
7.  DD Fonn 1408, dated 9 Oct 91 



Similar Decisions

  • AF | DRB | CY2005 | FD2005-00075

    Original file (FD2005-00075.pdf) Auto-classification: Denied

    SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WMG, 3RD n O O R ANDREW'S AFB, MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00075 GENERAL: The applicant appeals for upgrade of discharge to honorable. As evidenced by a Letter of Reprimand (LOR), dated 6 Mar 03: You, did, at or near Panama City, Florida, on divers occasions, between on or...

  • AF | DRB | CY2004 | FD2003-00497

    Original file (FD2003-00497.pdf) Auto-classification: Denied

    3RD FLOOR ANDREWS AFB, MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2003-00497 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reenlistment code. This action could result in your separation with an under other than honorable (UOTHC) service characterization. In addition to military counsel, you have the right to employ civilian counsel.

  • AF | DRB | CY2003 | FD2003-00338

    Original file (FD2003-00338.pdf) Auto-classification: Denied

    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 SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPERANCE SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002 AFHQ FORM 0-2077, JAN 00...

  • AF | DRB | CY2005 | FD2005-00244

    Original file (FD2005-00244.pdf) Auto-classification: Denied

    In addition, he also received four Letters of Reprimand, three Records of Individual Counseling and an Unfavorable Information File for failure to obey a direct order, underage drinking, disruptive behavior, disrespectful toward NCOs, foul language, financial irresponsibility, abusing military property, dereliction of duty and not in compliance with uniform appearance. RIC, 07 Aug 92 - Not in compliance with uniform appearance. (Change Discharge to Honorable, and Change the RE Code, Reason...

  • AF | DRB | CY2007 | FD2007-00016

    Original file (FD2007-00016.pdf) Auto-classification: Denied

    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSNISSAN AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD I I MEMBER SITTING HON I WTE agars, eogga GEN UOTHC I OTHER I DENY ................................. ISSUES A94.53 1NIIF.X NllMBEH A67.10 I HEARING DATE CASE NUMBER X EXHIBITS SUBMITTED TO '(m BOARD I 1 I ORDER APPOINTINGTHE BOARD 1 APPLICATION FOR REVIEW OF DISCHARGE 2 3 1 LETTER OF NOTIFICATION 1 4 1 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD ADDITIONAI, EX1...

  • AF | DRB | CY2003 | FD2003-00143

    Original file (FD2003-00143.pdf) Auto-classification: Denied

    | ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF DISCHARGE 3 | LETTER OF NOTIFICATION HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE 6 AUG 03 FD2003-0143 COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPERANCE HEARING “APPLICANT'S. CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE =| £93-0143 GENERAL: The applicant appeals for upgrade of discharge to Honorable. b. Grade Status: SrA - 27...

  • AF | DRB | CY2003 | FD2002-0431

    Original file (FD2002-0431.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0431 GENERAL: The applicant appeals for upgrade of discharge to Honorable. 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. Reenld as SSgt 5 Jan 83 for 4 yrs.

  • AF | DRB | CY2006 | FD2005-00355

    Original file (FD2005-00355.pdf) Auto-classification: Denied

    d. Art 15's: (1) 27 Sep 95, Minot AFB, ND - Article 92. You were given an LOR, 13 Sep 93. e. Between on or about 15 Jun 93 and on or about 25 Aug 93, you did, at or near Minot Air ; You were given Force Base, North Dakota, commit sexual harassment toward; L - - - - - - - - - - - - - - - - - - - , an LOR, 13 Sep 93. Military legal - - counsel I have made an appointment for you to consult C a p t a ~ office, 300 Summit Drive, Room 306A, a t u hours,in- counsel at your own expense.

  • AF | DRB | CY2002 | FD2002-0078

    Original file (FD2002-0078.pdf) Auto-classification: Denied

    Because the Board did not recommend an Under Other Than Honorable Conditions discharge, you do not have this option of directing this type of discharge. Considering all of the evidence in ommendation of the board, I recommend that you sign the attached letter directing tha discharged from the United States Air Force with a General (Under Honorable Conditions) discharge pursuant to AFI 36-3208, paragraph 5.50.1, without hrther probation and rehabilitation. The discharge board or, the...

  • AF | DRB | CY2003 | FD2003-00008

    Original file (FD2003-00008.pdf) Auto-classification: Denied

    A95.00 A66.00 1 | ORDER APPOINTING THE BOARD 9 | APPLICATION FOR REVIEW OF DISCHARGE |3 | LETTER OF NOTIFICATION | —t HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE 18 SUIN'OS FD2005-0008 _ COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE T TAPE RECORDING OF PERSONAL APPERANCE HEARING J —— — = APPLICANT'S ISSUE AND THE BOARIZ'S DECISIONAL RATIQNAL‘ARE DISCUSSED ON THE ATTACHED AIRFORCE: DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. ...