NAME OF SERVlCE MlCMBER (LAST, FIRST MIDDLE; INITIAL) 

GRADE: 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

AFSNISSAN 
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SR A 

7 RECORD REVIEW 

TYPIC  GEN 

I 

PERSONAL APPEARANCE 

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NAME OFCOUNSEL  ANDOH OHCAhl/ATION 

ADDRESS ANDOlZORtiANI/.ATION  OFCOLiNSKl 

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No 
X 

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MEMBER SITTING 

VOTE OP THE BOARD 

HON 

~-IC)~'I~C 

1 

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  DENY 

L....-.-....-....-.---------- 
ISSUES 
A94.05 

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INDEX NllMBEH 

A67.30 

I, 
EXHIBITS SUBMITTED TO THE BOARD 

I 

I 

ORIIkK APPOINTlNCi 'I  HE BOARD 

1  APPI.ICATION  FOR  KEVIEW OF DISCHARGE 

1 
2 
3  /  LETTER OF NOTIFICATION 
4 
HlZlEFOF PERSONNEI. FILE 
COUNSEI.'S  RELEASE 'iO THE BOARII 
ADDITIONAI.. F.XIIIBITS SUDMI'I"1'ED AT TIME OF 
PERSONAI. APPEARANCE 

"- 

I  UEARINC  DATE 

CASE NIJMBER 

'TAPE  RECORDING OF PERSONAI. APPEARANCE  HE 

I 

I 

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. 

1 

I": 

L 

c.  k ~ . t n a ~ a r ~ r s  
d H T I I V l h D R  
550 C STREET WEST.  SlJI.I'E 40 
RANIIOLL'H  AFB, TX 781 50-4742 

1  . 

I 

SECRElAHY OF TllE AIR  FOHCK  PERSONNEL  C:OUNCII. 
AIR FORCL  1)ISCIIARCE REVIEH  HOARD 
1535COMMAND DR. EE WINti.3HI) FLOOR 
AN1)REWS AFB. MD 20762.71101 

AFHQ FORM 0-2077, .IAN 00 

(EF-V2) 

P r e v i o ~ ~ s  edition will be used 

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1 

1 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

VASE NUMBER 

FD-2007-00024 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was offered a personal appearance before the Discharge Review Board (DKB) but declined to 
exercise this right. 

The attached brief contains available pertineilt data on thc applicant and the iactors 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 inlpropricty that would justify  a change of discharge. 

ISSUE: 

Applicant contends discharge was inequitable because it was too harsh and based on one incident.  The 
records indicated the applicant rcceived a Letter of Kcprimand and a Record of Individual Counseling for 
n~isconduct. The applicailt received a Letter of Repri~nand for a civilian arrest for possessing a loaded 
firearm in a moving vehicle while intoxicated; iiring the firearm through the open window of the vchicle; 
rude and combativc behavior towards a police oflicer; threatencd, spit at, physically fought with the police 
officer; threatened violc~lce against the officer's  family; and threatcncd to harm the sistcr of a co-worker 
trying to help.  The applicant was also adnlillistratively disciplined for repeatedly being late for duty.  The 
DRB opined that through these administrative actions, the applicant had ample opportunities to change his 
negative behavior.  The Board concluded the applicant's lnisco~~duct was a significant departure from 
conduct expectcd of all military membcrs.  The characterization oi'the dischargc 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 discrction of the 
discharge authority and that the applicant was provided full administrative due process. 

In view of the forcgoing findings, thc  Hoard further col~cludes 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,  MI3 

(Former SRA) (HGR  SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Eielson AFB, AK on 23 
Sep 05 UP AFI 36-3208, para 5.52.3 (Misconduct -  Commission of a Serious 
Offense).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Jun 84.  Enlmt Age: 17 3/12.  Disch Age: 21 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-43,  E-66,  G - 5 5 ,   M-81. PAFSC: 2W151 -  Aircraft Armament Systems 
Journeyman. DAS: 3 Nov 04. 

b.  Prior Sv: (1) AFRes 2 Oct 01 -  7 Jan 02  (3 months 6 days)(Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 8 Jan 02 for 6 yrs.  Extended 25 Aug 04 for LO months. 
Svd: 03 Yrs 08 Mo 16 Das, of which AMS  is 03 Yrs 07 months 22 days  (excludes 24 
days lost time) . 

b.  Grade Status:  SrA -  16 Jul 04 
A1C -  22 Feb 02 

c.  Time Lost:  5 Jul 05 thru 29 Jul 05  (24 days). 

d.  Art 15's:  None. 

e.  Additional: LOR/UIF, 16 AUG 05 -  Civil arrest for possessing a loaded 
'firearm in a moving passenger vehicle 
while intoxicated; firing the firearm 
through the open window of the moving 
vehicle; rude and combative to Alaska 
State Trooper; threatened, spit at, 
physically fought with trooper, and 
became violent enough to threaten to 
harm the trooper's family.  Threatened 
to harm the sister of a co-worker 
trying to help. 

CR, 16 Aug 05  -  Patter of Misconduct. 
RIC, 09 MAY 05 -  Late for work. 

f .  CM:  None. 
g.  Record of SV: 08 Jan 02 -  07 Sep 03  Cannon AFB  4  (Initial) 
08 Sep 03 -  07 Sep 04  Cannon AFB  5  (Annual) 
08 Sep 04 -  18 Aug 05  Eielson AFB  1  (Cmdr Dir)REF 

h .   Awards &  Decs:  AFEM W/GB, ARMFEM, NDSM, GWOTSM, AFOUA W/VALOR, AFTR 

i.  Stmt of Sv:  TMS: (03) Y r s   (10) MOS  (28) Das 
TAMS:  (03) Yrs  (07) Mos  ( 2 2 )  Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 12 Jan 07. 

(Change Discharge to Honorable) 

Issue 1:  I don't feel that my entire military career should be 

characterized for the actions of just one day.  It happend  (sic) one week after 
my 21''  birthday and I was drunk.  Since the incident I have stayed out of 
trouble.  In addition 1 am currently attending College and I have good credit. 

ATCH 
None. 

a 

DEPARTMENT OF THE AJR FORCE 

PACIFIC AIR FORCES 

eF 

b ~ 7 - @  f 

0 2  

MEMORANDUM FOR  SENIOR AIRMAN: r-....-....-.-....-----------------------------: 

354 AMXS, PACAF 

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

FROM: 354 AMXSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending you discharge from the United States Air Force for Commission of a 
Serious Offense.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.52.3. 
If my recommendation is approved, your service will be characterized as either Honorable, Under 
Honorable Conditions (General), or Under Other Than Honorable Conditions (UOTHC).  I am 
recommending that your service be characterized as Under Honorable Conditions (General). 

2.  My reason for this ation is based on the following: 

a.  On or about 3 July 2005, you possessed a loaded firearm in a moving passenger 

vehicle while intoxicated.  You then proceeded to fire that weapon out of the window of that 
vehicle, creating a grave risk of death or injury to people and property in the area.  When an 
Alaska State Trooper responded, you were not only still very intoxicated, but you were also 
extremely rude and combative.  In your drunken rant, you threatened, spit at, and physically 
fought with the trooper.  Additionally, while you were being detained, you became belligerent 
and verbally threatened a co-worker who was trying to help you secure your vehicle.  For your 
behavior, you received a Letter of Reprimand (LOR), dtd 16 Aug 05 (Atch I), which was placed 
in your Unfavorable Information File (UIF), dtd 18 Aug 05 (Atch 2).  1 have also attached a copy 
of a civilian criminal Judgment which covers some, but not all, of your conduct that day (Atch 3). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached. The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the Air Force and, if you are 
discharged, how your service will be characterized.  If you are discharged, you will be ineligible 
for reenlistment in the Air Force and any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult with the Area Defense Counsel's Office, Building 
. Instead of the 
261 0, Room 160, Eielson AFB, Alaska, on 7 0  A y 05at 
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 N I  5 1-201.  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. 

I  S 0 0 

5.  You have the right to submit statements in your own behalf.  An  statements you want the 
separation authority to consider must reach me by (3 duty days) &unless 
and receive an extension for good cause shown.  I will send them to the separation authority. 

you request 

6. You have been scheduled for a medical examination.  You must report to the Physical 
Examination Section, 354th Medical Group, Building 3349, at  0 9 ~b  on 3 1  A 9  for 
the examination. 

7.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
wpy of AFI 36-3208 is available for your use in your Area Defense Counsel's office. 

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

Attachments: 
1.  LOR, dtd 16 Aug 05 (4 pgs) 
2.  AF Form 1137, dtd 18 Aug 05 (1 pg) 
3.  Judgment, dtd 4 Aug 05 (2 pgs) 
4.  RTC, dtd 19 May, 05 (2 pgs)