AIR FORCE DISCHARGE -VIEW  BOARD HEARING RECORD 

NAME OP SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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TYPE  GEN 
'OUNSEL 

PERSONAL APPEARANCE 

NAME OF COLINSEL AND OR ORGANIZATION 

MEMBER SITTING 

YES 

No 

X 

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ISSUES 

A92.01 

INDEX NUMBER 

A67.90 

GRADE 

AMN 

AFSNISSAN 
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RECORD REVIEW 

X 
ADDRESS AND OR ORGANILAI ION OF COUNSEL 

' '  ' ' ""  VOTE OF&HE BOARD 

"'H6i-l-* 

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GFN 

I  UOTHC  r-01 IIFI< 

A 

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IIENY 

1 

X 

X 

X 

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X 

I  '  @&H~*RTB SUBMITTED TO THE ElDARU 

1  I  ORDER APPOIN'I'ING  'THE BOARD 
2  1  APPL,ICAT[ON FOR E V I E W  OF DISCHARGE 

LETTER OF NOTIFICATION 

CASE NUMBER 

I 

I  TAPE RECORDPIG OF PERSONAL APPEARANCE HE 

1 

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. 

550 C STREET WEST, SUITE 40 
RANDOI.PII  AFH, TX 781 50-4742 

I 

AFHQ FORM 0-2077, JAN 00 

SECRETARY  OP THE AIR  FORCE PERSONNEI. COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR. RE WINC, 3RD FLOOR 
ANDREWS APR, MD 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2007-00027 

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 admits the nature of his 
problems were with alcohol.  He has since undergone and completed an alcohol rehabilitation program.  The 
records indicated the applicant received an Article  15, a Vacation and a Letter of Reprimand for misconduct. 
The applicant received an Article 15 for physically controlling a vehicle while drunk.  He was punished with 
a reduction in grade to Airman, with reduction below Airman First Class suspended, a suspended forfeiture 
of pay, and 30 days of extra duty.  The Vacation action was for driving while drunk which resulted in a 
reduction in grade to Airman.  He was also administratively disciplined for a civilian conviction of driving 
while drunk.  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 perlormance reports, 
awards and other accomplishments.  They found the seriousness of the willful misconduct offset any pasitivc 
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 AMN)  (HGH SRA) 

1.  MATTER  UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Travis AFB, CA on 15 Mar 
06 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct  -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB:  2 Feb 81.  Enlmt Age: 21 4/12.  Disch Age: 25 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-65,  E-82,  G-83,  M-72. PAFSC: 3C051 -  Communication -  Computer 
Systems Operations Journeyman.  DAS: 3 May 03. 

b.  Prior Sv:  (1) AFRes 25 Jun 02 -  25 Nov 02  (5 months 1 day) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted asAB 26 Nov 02 for 6 years. Svd: 03 Yrs 03 Mo 20 Das, all AMS. 

b.  Grade Status:  A m   -  14 Jun 05  (Vacation of Suspension, 17 Nov 05) 

A1C -  14 Jun 05  (Article 15, 14 Jun 05) 
SrA -  10 May 05 
A1C -  10 Jan 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Nov 05, Vacation, Travis AFB, CA  -  Article 111.  You 

did at or near Davis, CA, on or about 15 Oct 05, at or 
near the intersection of First Street and F Street, 
physically controi a vehicle, to wit:  a passenger car, 
while drunk.  Reduction to A m .   (No appeal) 
(No mitigation) 

( 2 )   14 Jun 05, Travis AFB, CA -  Article 111.  You, did, on 

or about 19 May 05, at the Hospital Gate physically 
control a vehicle to wit: a white Chevrolet pick-up 
truck, while drunk.  Reduction to A m ,  with reduction 
below A1C suspended.  Suspended forfeiture of $692.00 
pay and 30 days extra duty.  (No appeal) 
(No mitigation) 

e.  Additional: LOR/UIF, 10 NOV 05 -  Civilian Police pulled him over for 
failure to stop at stop sign and was 
given a breathalyzer.  Test results 
were over legal limits. 

f.  CM:  None. 

g.  Record  of  SV: 26 Nov  02 -  15 Jul 04  Travis AFB  5  (HAF Dir) 
16 Jul 04 -  15 Jul 05  Travis AFB  3  (Annual) 

h.  Awards  &  Decs:  AFTR, NDSM, GWOTSM, AFESR W/GB, AFOUA W/1 DEV, MUA, 

ICM. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (08) Mos  (21) Das 
TAMS:  (03) Yrs  (03) Mos  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 16 Jan 07. 

(Change Discharge  to Honorable.) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2.  DD Form 214. 
3 .   VA Form  21-22. 

OMB Approved No. 2900-0075 
Resoandent Burden 15 minutes 

PRIVACY ACT INFORMATION: The law authorlzea U!J 
confidential ( 38 U.S.C.  5701 ). They may be dlsdosed outside the Department of Veterans Affair*  ( VA) only if the disclosure is authorized by the Privacy Acf  Including the mUtlne uses identified In 
the VA system of records. 68VAZYZ2,  Compensation,  Ptnslon. Education and Rehabilitation Records -V&  published In the Federal Register.  The requested Information Is considered relevant and 
necessary to determine maxlrmm benefits under the law.  Infonnauon submitted Is subject to verification through computer matching programs with other agencies. 

( 38 U.S.C.  501 (a) and (b)). The responses you submit are considered 

to request the Information we am asking you to provide on this f

~

o

 

RESPONDENT BURDEN:  Public reporting burden for this collection of information is estimated to average 15 mlnutes per response, Including the time for reviewing instructions, searching misting 
data sources, gathering and maintaining the data needed, and completing and reviewing the coilsction of lnfonnatlon. Send comments reoarding thls burden estimate or any other aspect of this 
collection of hformatlon, Including suggestlons for reducing this burden, to the Clearance Ofiicer 
Paperwork Reductlon Project ( 29004071 ), WashlngtoR OC 20503.  PLEASE 0 0  NOT SEND THIS FORM OR APPLICATIONS FOR BENEFfTS TO THESE ADDRESSES. 
FIRST NAME - MIDDLE NAME - LAST NAME OF VETERAN  ( Type orprlnt  ) 

( 723 ).  810 Vermont Ave.,  NW, WasWngton, DC 20420; and to the Office  of Ma~agement and Budge 

SOCIAL SECURITY NO. 

I The following statement 1s  mads in connection with a claim for benefits in the case of the above-named veteran: 

THIS IS A REQUEST FOR A CHANGE IN MY CHARACTER OF DISCHARGE FROM GENERAL (UNDER HONORABLE 

CONDITIONS) TO HONORABLE. I BASE MY REQUEST ON MY RECORD AS AN AIR FORCE AIRMAN. MY DD214 

REFLECTS MY SERVICE WAS HONORABLE AND BEYOND REPROACH. I RECEIVED MANY AWARDS, ONE OF 

WHICH WAS THE AIR FORCE GOOD CONDUCT. THE INCIDENTS WHICH HAPPENED AND RESULTED IN MY 

DISCHARGE UNDER GENERAL CONDITIONS WERE NOT REFLECTIVE OF MY ACTIVE DUTY SERVICE TO MY 

COUNTRY. I UNDERSTAND NOW THE NATURE OF MY PROBLEM WITH ALCOHOL AND HAVE UNDERGONE AND 

COMPLETED AN ALCOHOL REHABILITATION PROGRAM IN JANUARY OF 2006.1 HAVE BEEN CLEAN SINCE AND 

CONSIDERATION ON MY REQUEST. 

CERTIFY THAT the statements on this form are true and correct to the best of my knowledge and belief. 

( CONTINUE ON REVERSE 

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DATE SIGNED 

16-Jan-06 

TELEPHONE NUMBERS  [Include Area Code) 

DAYTIME 

- -- 

SAME 
ENAL'IY:  The law provides severe penalties which include fine or imprisonment, or both, for the willful submission of any statement or evidence of a material fact,  knowing it to be false. 

L-,-.-..-----.------: 

4 FORM  21-4138 
PR 1994 

EXISTING STOCKS OF VA FORM 21 - 4138, 
OCT 1993 WILL BE USED 

*US Government Printing  OM^.  i987 - 616 - 4%  183; 

DEPARTMENT OF THE AIR FORCE- 
ISTH AIR MOBILITY OPERATIONS SQUADRON (AMC) 

TRAVIS AFB, CALIFORNIA 94535 

( 

MEMORANDUM FOR  AMN i 

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

MAR 

7  2006 

FROM:  15 AMOS/CC 

SUBJECT:  Notification Memorandum 

1.  I arn recommending your discharge from the United States Air Force for Misconduct:  A Pattern 
of Misconduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this action is 
AFPD 36-32 and MI 36-3208, paragraph 5.50.2.  If my recommendation is approved, your service 
will be characterized as an Under Honorable Conditions (General) Discharge. I am recommending 
that your service be characterized as an Under Honorable Conditions (General). 

2.  My reason for this action is: 

a.  On or about 19 May 05, at Travis Air Force Base, you were physically in control of a 

vehicle, while drunk.  For this offense, you received an Article 15, dated 14 Jun 05.  Punishment 
consisted of a reduction to the grade of Airman, with reduction below Airman First Class 
suspended, forfeiture of $692.00 pay, suspended, and 30 days extra duty (Atch 1). 

b.  On or about 15 Oct 05, you drove a vehicle, in the City of Davis, California, while under the 

influence of alcohol and failed to stop at a stop sign.  For this offense, you received a Letter of 
Reprimand (LOR), dated 10 Nov 06 (Atch 2).  In addition, the suspended reduction to the grade of 
Airman imposed under Article 15, dated 14 Jun 05, was vacated on 17 Nov 05 (Atch 3).  Copies of 
the documents to be forwarded to the separation authority in support of this reoommendation are 
attached.  The commander exercising SPCM jurisdiction or higher authority will decide whether 
you will be discharged or retained in the United States 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 h d s  may be subject to 
recoupment. The separation authority will make the fmdings and recommendations required under 
10 U.S.C. Section 2005(g). 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an a  pointment for you to consult Military legal counsel at 540 Airlift Drive, 
Bldg 38 1, on 
own expense. 

hours.  You may consult civilian counsel at your 

1530 

-P 

0b 

, at 

4.  You have the right to submit statements in yo& own behalf.  Any statements you want the 
separation authority to consider must reach me by  10 flw ab 
unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to David Grant Medical 
Center, 101 Bodin Circle, on  q fl/tC 

hours for the examination. 

flRO0 

, at 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy 
of AFT 36-3208 is available for your use at your Unit Orderly Room. 

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

J-3 
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Attachments: 
1.  AF Form 3070,14 Jun 05 
2.  LOR, 10 Nov 05 
3.  AF Form 3070,17  Nov 05