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 IIHI'I'S SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE I IE 

08 May 2007 
APPLICAhT'S  ISSUE AN@ ME 84ARD'S DECISION4L RATlONAL ARE DISCUSSED ON THE AlTACHED AIR FORCE DISCHARGE REV16W BOARD DECISIONAL RATIOKALF 

I 

I 

I  FD-2007-00016 

I 

I 

I 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout 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. 

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

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

WDORSEMENT 

DATE:  SIIS~ZW 

. ., . 

TCI. 

SAFIMRBR 
550 C STREKI' WEST, SUITE 40 
RANDOLPH AFB. TX 781 50-4742 

I  FROM 

SECRETARY  OF TiIE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING,3RD  FLOOR 
ANVRKWS  APH. MD 10762-7W11 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASh NUMBER 

FD-2007-00016 

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify a change of 
discharge. 

ISSUE: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  The records indicated the applicant received  an Article 15 and 
three Letters of Reprimand for misconduct.  The applicant received an Article 15 for driving while drunk and 
driving on Keesler AFB when driving privileges had been revoked.  He was punished with a reduction in 
grade to Senior Airman.  The records also indicated applicant was administratively disciplined for financial 
irresponsibility, driving a vehicle while under revocation of driving privileges and lying about it, and driving 
a vehicle off base while drunk and cited by civilian police.  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 signiilcant 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 SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Keesler AFB, MS on 18 
Mar 94 UP AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 
2 .  BACKGROUND : 

a. DOE: 21 Sep 61.  Enlmt Age: 21 4/12.  Disch Age: 32 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-47,  E-54,  G - 5 5 ,   M-22. PAFSC: 3V051 -  Visual Information 
Journeyman.  DAS: 23 Aug  92. 

b.  Prior Sv: (1) AFRes 10 Feb 83 -  30 May 83  (2 months 21 days) (Inactive). 

87 for 4 years.  Svd: 7 years 6 months 11 days.  SrA  :  30 Sep 85.  SSgt -  1 Apr 
90.  APRs: 8,9,9,9, 9,9,9,9. EPR: 4. 

(2) Enlisted as A1C 31 May 83 for 4 years.  Reenlisted 12 Mar 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt 12 Dec 90 for 4 years. Svd: 03 Yrs 03 Mo 07 Das, all 

AMS . 

b.  Grade Status:  SrA -  18 Oct 93  (Article 15  -  18 Oct 93) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 18 Oct 93, Keesler AFB, MS -  Article 111.  You did, on 

.~.~..~.~....~.~..~.~....~., 

or about 3 Oct 93, on Vandenberg Drive, operate a 
vehicle, to wit: a passenger car, while drunk.  Article 
92.  You, having knowledge of a lawful order issued by 
Lt Col : ........................... 
:,  to wit:  Notice of Revocation 
of Driving Privileges dated 19 Jul 93, an order which it 
was your duty to obey, did, on or about 3 Oct 93 fail to 
obey the same by wrongfully driving on Keesler AFB. 
Reduction to SrA.  (No appeal)  (No mitigation) 

e .   Additional: LOR/UIF, 20 JAN 94 -  Driving a vehicle while under 

revocation of driving privileges and 
lying about it. 

LOR/UIF, 11 JUN 93 -  Financial irresponsiblity. 
LOR/UIF, 01 J U N   93 -  Operating a vehicle off base while 

drunk and cited by civilian police. 

f.  CM:  None. 

g.  Record of SV: 28 Sep 90 -  26 May 91  Grissom AFB  5  (CRO) 

27 May 91 -  26 Jan 92  Osan AB  5  (CRO) 
27 Jan 92 -  06 Jul 92  Osan AB  5  (CRO) 
07 Jul 92 -  06 Jul  93  ~eesler AFB  2  (Annua1)REF 

h.  Awards &  Decs:  NCOPME W/1 DEV, NDSM, AFOSSTR W/1 DEV, AFTR, AFLSA W/l 

DEV, AFGCM, W/2 DEV, AFCM W/Z DEV. 

i.  Stmt of Sv:  TMS:  (11) Yrs  (01) Mos  (09) Das 
TAMS: (10) Yrs  (09) Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 7 Jan 07. 

(Change Discharge to Honorable.) 

NO ISSUES SUBMITTED. 

ATCH 
1.  Resume. 
2.  Statement of confirmation. 
3.  Baptismal letter. 

DEPARTMENT  O F  THE  AIR  FORCE 

HEADQUARTERS  AIR  WEATHER  SERVICE 

SCOTT  AIR  FORCE  BASE. ILLINOIS  62225-5008 

4 Feb 94 

FROM:  DET 5, HQ AWSICC 
SUBJECT: Notitication Letter -- Board Hearing - ACTION MEMORANDUM 

Ml. I am recommending your discharge fiom the United States Air Force for Misconduct W n o r  Disciplinary 

Infractions) according to AFR 39-10, under the provisions of paragraph 5-46.  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 22 May 93, at Gulfport, MS, you committed the offense of driving while intoxicated, 

for which you received civil punishment of a fine of $550 and confiscation of your Drivers License.  You also 
received a Letter of Reprimand dated 1 Jun 93, (Atch 1, Appendix A) , which was used to open a UIF, and your 
base driving privileges were revoked for 1 year. 

@).  On or about 30 Nov 92,  12 Mar 93 and 3 1 May 93, at Keesler AFB, MS, you committed acts of 
financial irresponsibility, for which were verbally counseled and received a ~ e t t e r  of Reprimand dated 11 Jun 93. 
(Atch 1, Appendix B) 

(c).  On or about 3 Oct 93, at Keesler AFB, MS, you committed the offense of driving while 

intoxicated, and the offense of driving on Keesler without base driving privileges for which you received Article 15 
punishment on 18 Oct 93.  The punishment was, reduction to grade of Senior Airman, effective 18 Oct 93 and the 
revocation of base driving privileges for an additional 2 years, for a total of 3 years.  (Atch 1, Appendix C) 

(d)  On or about 23 and 30 Dec 93, at Keesler AFB, MS, you committed the offense of driving on 
Keesler without base driving privileges and making a false official statement during the investigation for which 
you received a Letter of Reprimand on 20 Jan 94.  (Atch 1, Appendix D) 
3.  This action could result in your separation with an Under Other Than Honorable Conditions discharge . I am 
recommendng that you receive a general discharge.  The commander exercising SPCM jurisdiction or a higher 
authority will make the final decision in this matter.  Ifyou are discharged, you will be ineligible for reenlistment 
in the Air Force. 

d 4 .

 YOU  have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board hearing. 

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 making a decision to waive any of your 

rights. 

A 5.  You have been scheduled for a medical examination.  You must report to the 81st Medical Group Physical 

Exams section, extension 6680, at 0700 on 9 Feb 94. 

,..-.-, 

4 6.  Military legal counsel Capt : - - - - :, Area Defense Counsel, extensions 242913722, has been obtained to assist 
you.  An appointment has been scheduled for you to consult her on at 0800 on 7 Feb 94 in building 0701, room 
124.  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 AFR 11 1-1.  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. 

@ 7. Confer with your counsel and reply, in writing, within 7 workdays, s p e c w g  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 furnish in rebuttal is covered by the Privacy Act Statement as explained in AFR 
39-10, attachment 2,  A copy of AF'R 39-10 is available for your use in the Det 5, HQ AWS orderly room and must 
be returned to the orderly room when the case is complete. 

9.  Execute the attached acknowledgment and return to me immediately. 

,-------------------------- 

A h h h h h h h h h h h h h - - .  

r . . - . . - . - . . - . . - . . - . - - - - - - - - - - - - - - - - - - - - - - - - J  

Commander 

Attachments 
1.  Letter of Reprimand, 1 Jun 93, wlatchs 
2.  Letter of Reprimand, 11 Jun 93, wlatchs 
3.  AF Form 3070,18 Oct 93, wlatchs 
4.  Letter of Reprimand, 20 Jan 94, wlatchs 
5.  Airman's acknowledgment &  2 J  &..jqq /$mNmpd-%  bfGk71  @of 2) 

A t c h   1  ( 2   of  2)