AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN

 

TYPE GEN PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

meun  A01.18 myn RUM EES A69.00
A01.32 A45.00 1 _|ORDER APPOINTING THE BOARD
A01.44 2 {APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
07 Feb 2011 FD-2009-00476

 

 

   
 

Case heard in Washington, D.C.

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.

Names and votes will be made available to the applicant at the applicant’s request.

 

 

+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY “

: SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
| Zena & AIR FORCE DISCHARGE REVIEW BOARD
; 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
i RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER

FD-2009-00476

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and
authority for the discharge.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined
and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

After a review of the record, the Board unanimously voted to grant the relief of the requested upgrade as
discussed below.

FINDING: The Board grants the requested relief.

ISSUE:

Issue 1. Applicant was discharged with an under other than honorable conditions (general) discharge for
failure in the alcohol abuse treatment program. Applicant states he refused to participate in the program
because he desired to be discharged. While the Notification Memorandum for the discharge makes reference
to a history of tardiness and smelling of alcohol while on duty, and the legal review states that “respondents
conduct clearly outweighs the positive aspects of his service?’ neither memorandum documents the specific
misconduct upon which the characterization of service was apparently based. Because applicant was not
properly notified of the misconduct upon which the characterization of his service would be based, he was
not afforded an informed opportunity to determine whether he should respond. Although applicant failed to
respond to his discharge action, and clearly was anxious to be discharged, he may have determined to
respond differently had he been notified of the specific misconduct upon which the characterization of his
service would be based. Although applicant had misconduct in his record, and wanted to be discharged, that
does not allow for the proper procedures to be overlooked in the processing of the discharge action. The
Board finds that the omission of the misconduct upon which the discharge characterization would be based
from the notification and legal review documents was a harmful error which was prejudicial to the applicant.

CONCLUSION: The Discharge Review Board concludes that the discharge was inconsistent with the
procedural and substantive requirements of the discharge regulation and finds the applicant was not provided
full administrative due process.

In view of the foregoing findings, the Board concludes that the overall quality of applicant’ service is more
accurately reflected by an Honorable discharge and the reason for the discharge is more accurately described
as Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
my

  
    
 

Form Approved
OMB No. 0704-0004
Expires Aug 31, 2006

 
 
  
   

] e oo APPLICATION FOR THE REVIEW OF DISCHARGE
he FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions on Pages 3 and 4 BEFORE completing this application.)

The public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for renewing instructions, searching existing date sources,
gathering and maintaining the date needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
informetion, including suggestions for reducing the burden, to the Department of Defense, Executive Services and Communications Directorate (0704-0004). Respondents should be aware that
notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB contrat
number. PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT
AUTHORITY: 10 U.S.C.1553; E.0, 9397. .

PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

    

 
 
      
   
    

 

 

  
 

ROUTINE USE(S): None.

DISCLOSURE: Voluntary; however, failure to provide identifying information mel impede processing of this application. The request for
Social Security Number is strictly to assure proper identification of the individual and appropriate records.

1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

a. BRANCH OF SERVICE (Xone) |__| army |__| marinecornrs | [navy [3 J AIR FORCE | Tcoast guarD

b. NAME (Last, First, Middle Initial) c. GRADE/RANK AT DISCHARGE jd. SOCIAL SECURITY NUMBER
A J.

4. DISCHARGE CHARACTERIZATION RECEIVED [X one/ 5. BOARD ACTION REQUESTED /(X one)

= HONORABLE ><] CHANGE TO HONORABLE
[><] GENERAL/UNDER HONORABLE CONDITIONS | | CHANGE TO GENERAL/UNDER
|_| UNDER OTHER THAN HONORABLE CONDITIONS _ ; |
CHANGE TO UNCHARACTERIZED
3. SEPARATION y AT DISCHARGE OR BAD CONDUCT (Special court-martial only) = (Not applicable for Air Force)
Bey x GAN ddwyal

UNS S| OTHER (Explain) Po
- nas Van

6. ISSUES: WHY AN UPGRADE OR CHANGE I§ REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 14. See instructions on Page 3.} .

‘Ae. Parade S any wed § Wwe tausr AWE nar Tarye recdOn Ow APP card's OD Yor Tw 2\ 4 35 not
pee Apeicany dua Ar, Fait by rebused +o Rar saPare ia Proeram. The afpticnny ures adnsed todo
p ELeU0T.

7X if setts) J AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE..

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 17. If military documents or
medical records are relevant to your case, please send copies.)

9. TYPE OF.REVIEW REQUESTED {X one)

cONDUGT A RECORD REVIEW OF MY eae eee ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

 

     

   
  

 
 
  

       
  

  
   
 

 

 
 
  

2. DATE OF DISCHARGE OR SEPARATION
{YYYYMMDD) {if date is more than 15
years ago, submit a DD Form 149)

   
 
 

   
  
 
  

   
 

   
  

    
   
 

   

   
      
     
 
   

   

 
 

 

      
 
     
    
 
 

l AND/OR favunsslitepresentative) WISH TO APPEAR AT . HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D. .METROPO ITAN_AREA.

   

 

  

10.a. COUNSEL/REPRESENTATIVE (if any) NAME (Last, First, Middle Initial) AND ADDRESS _ b. TELEPHONE NUMBER (Include Area Code} :

(See item 10 of the instructions about counsel/representative.)

     
   
  
  

d. FAX NUMBER (include Area Code]

    

11. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. if the record in question is that of a deceased or incompetent person, LEGAL PROOF OF DEATH OR

INCOMPETENTENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant, indicate
the name (print) and relationship by marking a box below.

   

 
    
 
 
  

12.a, CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE
{Forward notification of any change in address.)

 
  
 
   
  
   
   
 
  

d. FAX NUMBER (include Area Code)

     
    
 

CASE NUMBER

13. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the penalties involved for c NI I
{Do not write in this space.)

willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 and 1001, provide that an individual shall be
fined under this title or imprisoned not more than 5 years, or both.)

a. SIGNATURE-REQUIRED (Applicant or person in Item 11 above)

   
   

   

b. DATE SIGNED - REQUIRED

{YYYYMMDD)
A /, fj
PREVIOUS EDITION: ARE OBSOLETE.

  
     

Page 1 of 4 Pages

ee

DD FORM 293, MAR 2004
14. CONTINUATION OF ITEM 6, ISSUES (/f applicable]

 

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (/f applicable}

 

16. REMARKS (/f applicable)

 

 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

ARMY NAVY AND MARINE CORPS
Army Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, S.E.
9700 Page Avenue Room 309 (NDRB}

St. Louis, MO 63132-5200 Washington Navy Yard, DC 20374-5023
(See http://arba.army .pentagon.mil) ;

 

 

AIR FORCE COAST GUARD
Air Force Review Boards Agency U.S. Coast Guard
SAF/MRBR ; Commandant (G-WPM)
Soe 6 Bee est ate 2100 Second Street, $.W. Room 5500

Randolph AFB, TX 78150-4742 .
Washington, DC 20593

"DD FORM 293, MAR2004...~~OSOCOCOCOCOCOOOOO — "Page 2 of 4 Paues

CC —eeeeeeeeeeeeeeee ee eee
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

NAME (Last, First, Ml): : DOCKET # COMPONENT:
FD-2009-00476 USAF

 

TYPE OF DISCHARGE: | DISCHARGE FROM: | DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE &
GENERAL SHAW AFB, SC 23 NOV 05 CHANGE REASON FOR DISCHARGE

 

DOB/ ENLMT AGE: DISCH AGE: l FORMER: B. CURRENT DOR: C. TIME LOST:
13 NOV 82 20 23 A1C 13 DEC 04 NONE

 

 

AFSC: 4M031 - AEROSPACE PHYSIOLOGY | DEP DT: ASVAB SCORES: A:
14 FEB 03

 

D. ART 15/ VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
NONE NONE GCM: NONE NONE

 

 

A.

F, RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
12 AUG03 - 11APR05 SHAW AFB 4 (INITIAL)

G. AWARDS & DECS: NDSM, GWOTSM, AFTR

 

EAD: 12 AUG 03 | DAS: 12 DEC 03. | H. TMS: 2 YRS 9 MOS 10 DAS | TAMS: 2 YRS 3 MOS 11 DAS

APPLN (DD FORM 293) DTD: DT/ INITIALS: | NPA/PA: NPA BOARD REGION:
11 AUG 09 22SEP10/JLL

 

 

 

 

RECORDS : | MPR:NO — ARMS: YES | str: YES ISSUES: NO ; ATTACHMENTS: YES
AUTH FOR DISCHARGE : AFI 36-3208, PARA 5.32 (FAILURE IN ALCOHOL ABUSE TREATMENT)

 

 

 

ART 15; VAC; SCM; SPMC; GCM; ADDITIONAL:

 

EXAMINER'S NOTE: NOTIFICATION MEMO, PARA 2, CITES THE FOLLOWING REASON FOR DISCHARGE: MBR REFUSED ON
TWO SEPARATE OCCASSION TO PARTICIPATE IN THE ADAPT PROGRAM. HE STATED HE DIDN'T FEEL HE HAD A
PROBLEM WITH DRINKING OR HIS NEGATIVE BEHAVIOR. HE FURTHER STATED THAT HE DIDN'T WISH TO REDUCE OR
ABSTAIN FROM ALCOHOL CONSUMPTION. ON 7 NOV 05, APPLICANT WROTE A MEMO FOR RECORD IN WHICH HE
STATED THE FOLLOWING: "! WAS CONSTANTLY BORED SO! DRANK AND HAD A GOOD TIME. | DO NOT NEED THE ADAPT
TREATEMENT BECUASE IF THE AIM IS TO GET ME TO STOP DRINKING, THE ANSWER IS TO LET ME GO. ADAPT WILL NOT

WORK."

 

©SAF/MRBR V10709
a

  
   
  

Form Approved
OMB No. 0704-0004
Expires Aug 31, 2006

 
 
  
   

APPLICATION FOR THE REVIEW OF DISCHARGE
FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions on Pages 3 and 4 BEFORE completing this application.)

, The public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering end maintaining the data needed, and completing end reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this coliection of
information, including suggestions for reducing the burden, to the Department of Defense, Executive Services and Communications Directorate (0704-0004). Respondents should be aware that

notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with 4 collection of information if it does not display 4 currently valid OMB contral
number, PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT
AUTHORITY: 10 U.S.C.1553; E.0. 9397, .

PRINCIPAL PURPOSE({S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S): None.

DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for
Soot Security Number is strictly to assure proper identification of the individual and appropriate records.

APPLICANT DATA {The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION

a. BRANCH OF SERVICE (Xone) | | anmy{ | marinecorrs | [navy se [aR FORCE | [coast euARD

b. NAME (Last, First, Middle Initial) c. GRADE/RANK AT DISCHARGE d. SOCIAL SECURITY NUMBER
h ;

4. DISCHARGE CHARACTERIZATION RECEIVED /X one) 5. BOARD ACTION REQUESTED /X one)

| _[HoNoraBLE >| CHANGE TO HONORABLE
[><] GENERAL/UNDER HONORABLE CONDITIONS |_| CHANGE TO GENERAL/UNDER
P [HONORABLE CONDITIONS a

    
       
   
    
   

 

 

     
    
 

   
  

  
  

  
   
  
 
  
  
    

  

2. DATE UF DISCHANGE UH SEFAHA LION
{YYYYMMDD) {if date is more than 15
years ago, submit a DD Form 149)

   
 

  
    
     
 

5 HE UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TO UNCHARACTERIZED
3. Pena CATION AT "th RGE OR BAD CONDUCT (Special court-martial only) (Not applicable for Air Force)
ate Physics luncianactenzen PDI CHANGE NARRATIVE REASON FOR.
Bec ie ‘Piolo | [uncHARACTERIZED =| ANGE NARRAD /

ei pe men oe

. ISSUES; WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 14. See instructions on Page 3.) .

Ae Rarade 5 an weve) Wetasr +ne narTarive Feador on apPlican'S OD Form 21415 not
reve. ARR cans dvd a vai) bur rebuged to Par mciPate ia Prooram. “The avpiicany ura advised todo
LAT.

7. (X if applicable} AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE..

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in item 17. /f military documents or
medical records are relevant to your case, please send copies.)

9. TYPE OF REVIEW REQUESTED {X one)

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PESONNet FILE AND ANY ADDITIONAL DOCUMENTATION

 

    
     
    
    

 

      
 
     
  

10.a. COUNSELREPRESENTATIVE “if any] NAME {Last, First, Middle Initial) AND ADDRESS b. TELEPHONE NUMBER (include Area Code}

(See item 10 of the instructions about counsel/representative.)

     
   
 
 

Cc. C-IVIAIL

 
  
  

d. FAX NUMBER (include Area Code}

    

11. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. If the record in question is that of a deceased or incompetent person, LEGAL PROOF OF DEATH OR
INCOMPETENTENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant, indicate

the name (print) ss es and relationship by marking a box below.
| OTHER (Specify/.

[| tspouse! —winow | —_twinowen! I wexror kin (|
b. TELEPHONE NUMBER (/nc/ude Area Code}

12.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE
(Forward notification of any change in address.)

    
     
    

REPR NIA

A

 
   
 

     

    
 

    
    

 

    

c. E-MAIL

   

 

 

13. CERTIFICATION. i make the foregoing statements, as part of my claim, with full knowledge of the penalties involved for “C ASE NUMBER
willfully making a faise statement or claim. (U.S. Code, Title 18, Sections 287 and 1001, provide that an individual shall be {Do not write in this space.)

fined under this title or imprisoned not more than 5 years, or both.) . +
£)-2099- 004 ©

      
  
  

   
  
 

  
 

    

b, DATE SIGNED - REQUIRED

a. SIGNATURE-REQUIRED {Applicant or person in Item 11 above}
(YYVYYMMDD)}

    

    

PREVIOUS EDITIONS ARE OBSOLETE.

 

bv FURN 293, MAK 2004 Page 1 of 4 Pages

EEE
14, CONTINUATION OF TTEM 6; ISSUES (if applicable)

 

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (ff applicable)

 

16. REMARKS (/f applicable}

 

 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

ARMY NAVY AND MARINE CORPS
Army Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, S.E.
9700 Page Avenue Room 309 (NDRB)
St. Louis, MO 63132-5200 Washington Navy Yard, DC 20374-5023

(See http://arba.army.pentagon.mil)

 

AIR FORCE COAST GUARD
Air Force Review Boards Agency U.S. Coast Guard
SAF/MRBR Commandant (G-WPM)
550-C Street West, Suite 40 2100 Second Street, $.W. Room 5500

Randolph AFB, TX 78150-4742 0
Washington, DC 20593

DD FORM 293, MAR 2004. Page 2 of 4 Pages

ON
. sCAULION: NUE IU BE USED FUR THIS 1b AN IMPURKIANE KECURD. ANY ALTERATIONS INS v ;
IDENTIFICATION PURPOSES SAFEGUARD IT. RENDER FORM VOID

CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY
2. DEPARTMENT, COMPONENT AND BRANCH

AIR FORGE -- REG A eo &
5. DATE OF BIRTH (YYVYMMDD) | 6. RESERVE OBLIGATION TERMINATION DATE

19821113 (vYYYMMDD) N/A
b, HOME OF RECORD AT TIME OF ENTR

   
 
  
 

  
    
 

  
  

   
     
  
 

(City and state, or complete address if known

   

     

ST LOUIS, MO - | ST LOUIS, MO

8a. LAST DUTY ASSIGNMENT AND MAJOR COMMAND b. STATION WHERE SEPARATED :

20 AEFROMEDICAL-DENTAL SQ ( ACC SHAW AFB

9. COMMANE TO WHICH TRANSFERRED 10. SGLI COVERAGE, | NON

AMOUNT: $400 000

41. PRIMARY SPECIALTY (List number, title and years and months in | - YEAR(s) | | MONTH(s)|_ s
specialty. List additional specialty numbers and titles involving periods of ( ( }

one or more years.)

4M031 - Aerospace Physiology, 2 Years
and 1 Month.

13. DECORATIONS, MEDALS, BADGES, CITATIONS AND CAMPAIGN i4. MILITARY EDUCATION(Course title, nemaber afweeks and month and
RIBBONS AWARDED OR AUTHORIZED (Al periods of service} year completed)

National Defense Service Medal, Basic Military Training, 6

Global War on Terrorism Service weeks, Sep 2003. Aerospace

]Medal, Air Force Training Ribbon. Physiology, 10 weeks, Nov
2003.

15a. MEMBER CONTRIBUTED TO POST-VIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE PROGRAM rae
_b. HIGH SCHOOL GRADUATE OR EQUIVALENT | X lves
16. DAYS on LEAVE 17. MEMBER WAS PROVIDED COMPLETE DENTAL EXAMINATION AND ALL APPROPRIAT es
PAID _DENTAL SERVICES AND TREATMENT WITHIN 90 DAYS PRIOR TO SEPARATION

 

 

 

DD Form 214-AUTOMATED, FEB 2000 PREVIOUS EDITION IS OBSOLETE. _
nem
DEPARTMENT OF THE AIR FORCE
20TH FIGHTER WING (ACC)
SHAW AIR FORCE BASE SOUTH CAROLINA

 

MEMORANDUM FOR AIC

FROM: 20 ADOS/CC
SUBJECT: Notification Memorandum

1, Iam recommending your discharge from the United States Air Force for failure in the
Alcohol Abuse Treatment Program. The authority for this action is AFPD 36-32 and

AFI 36-3208, Chapter 5, Section F, Paragraph 5.32. If your discharge is approved, your service
will be characterized as honorable or under honorable conditions (general). Iam
recommending that your service be characterized as under honorable conditions (general).

2. You are being recommended for discharge for failure in alcohol abuse treatment. My
reasons for this action are that:

Between on or about 18 Oct 05 to 2 Nov 05, you were referred to the Alcohol and Drug
Abuse Prevention Treatment Program (ADAPT) by your supervisor for an incident that
occurred on 18 Oct 05, when you were late to work after consuming a large quantity of alcohol
the previous night. Your supervisor has reported a history of you being tardy to work and often
smelled alcohol on your person. Capt a clinical psychologist, diagnosed you with
Alcohol Dependence with continuous drinking and recommended treatment. You told Capt

that you did not see any problem with your drinking or subsequent negative behavior and
you had no desire to participate in treatment to treat your Alcohol Dependence. You further
told Capt you do not wish to reduce or abstain from alcohol consumption. On 7 Nov 05,
you were given another opportunity to participate in treatment and again refused. ,

3. Copies of the documents to support this recommendation are attached and will be forwarded
to the separation authority. The separation authority will make the findings and
recommendations required under 10 U.S.C. 2005(g) regarding recoupment of education
assistance funds, if applicable. The commander exercising special court-martial jurisdiction or
a 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
tneligible 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 Captain Area Defense
Counsel, 895-9530, 321 Cullen Street, at 9Qag hourson _/7 Nyy 2005. You may consult
civilian counsel at your own expense.

Global Power for rbuoriea
5. You have the right to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me by g¥&30 _hourson 22. ~9 Vv 2005
unless you request and receive an extension for good cause shown. I will send them to the

separation authority.

6. 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.

7. You have been scheduled for a medical examination. You must report to the 20th Medical

Group, Primary Care Clinic at 67233 hourson_ _/§- A) qv 2005 and an

additional examination will be scheduled if necessary.

8. 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 in the unit orderly room.

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

, Lt Col, USAF
Commander

Attachments:
Supporting Documents (Tab A)
ADAPT Program Failure Memorandum, dated 8 Nov 05

Respondent’s ADAPT Refusal Letter, dated 7 Nov 05

Other Derogatory Documentation (Tab B)

1) Record of Individual Counseling (ROIC,) dated 1 Apr 04
2) Record of Individual Counseling (ROIC,) dated 3 May 05
3) Letter of Counseling (LOC,) dated 22 Aug 05

4) Letter of Reprimand (LOR,) dated 15 Sep 05
to ae

_ DEPARTMENT OF THE AIR FORCE
20TH FIGHTER WING (ACC)
SHAW AIR FORCE BASE SOUTH CAROLINA

 

MEMORANDUM FOR CC
FROM: JA
SUBJECT: Administrative Discharge - AIC __._.... 0 ©. ------, --. .. - -. -, 20 ADOS

1. Ihave reviewed the proposed discharge action case file and find it legally sufficient to
support a decision to separate the respondent with an under honorable conditions (general)
discharge, as soon as he is found medically fit for separation.

2. Background:

a. The respondent is a 23-year-old Aerospace Physiology Apprentice assigned to the 20"
Aeromedical Dental Squadron (20 ADOS). His TAFMSD is 12 Aug 03 and he began his 4-
year enlistment on 12 Aug 03. He was assigned to his present unit on 12 Dec 03. The -
respondent has one enlisted performance report with an overall rating of 4.

b. On 17 Nov 05, 20 ADOS/CC properly notified the respondent of his recommendation to
separate the respondent under the provisions of AFI 36-3208, Chapter 5, Section F, paragraph
5.32 for failure in alcohol abuse treatment with an under honorable conditions (general)
discharge. Because the respondent is not entitled to a board hearing, this case has been
properly pursued via the notification procedures of AFI 36-3208, Chapter 6, Section B.

3. Eyidence for the Government: On or about 18 Oct 05 to 2 Nov 05, the respondent was
referred to the Alcohol and Drug Abuse Prevention Treatment Program (ADAPT) by his
supervisor for an incident that occurred on 18 Oct 05, when he was late to work after
consuming a large quantity of alcohol the previous night. His supervisor has reported a history
of the respondent being tardy to work and often smelled alcohol on his person. Capt a
_ Clinical psychologist, diagnosed the respondent with Alcohol Dependence with continuous

drinking and recommended treatment. The respondent told Capt that he did not see any
problem with his drinking or subsequent negative behavior and he had no desire to participate
in treatment to treat his Alcohol Dependence. The respondent further told Capt he did not
wish to reduce or abstain from alcohol consumption. On 7 Nov 05, the respondent was given
another opportunity to participate in treatment and again refused. On 8 Nov 05, the respondent
was deemed an ADAPT program failure due to his repeated refusal to participate.

4. Evidence tor the Respondent: The respondent was properly notified of his right to counsel
and to submit statements on his behalf for your consideration. On 17 Nov 05, the respondent

consulted with military legal counsel and did no: submit matter in writing.

Global Power for America
8 oe

5. Discussion:

a. A basis for discharge exists. The respondent’s refusal to participate in the ADAPT
Program is sufficient basis for discharge under AFI 36-3208, paragraph 5.32.

b. The respondent should be discharged under that provision. The respondent was
given the opportunity on two separate occasions to participate in the ADAPT program, but

refused to do so.

c. The respondent should be given a general discharge. Based on the respondent’s
overall performance, 20 ADOS/CC recommends an under honorable conditions (general)
discharge. According to AFI 36-3208, paragraph 1.18.2, a general discharge is appropriate when
“significant negative aspects of the airman’s conduct or performance of duty outweigh positive
_ aspects of the airman's military record.” The respondent’s conduct in this case clearly outweighs -

the positive aspects of his service.

d. Probation and Rehabilitation is not appropriate in this case. Respondent’s continued
disregard for military standards, despite the unit’s efforts, demonstrates his poor rehabilitative
potential. I do not recommend probation and rehabilitation in conjunction with this discharge.

6. Errors and Irregularities: [ note no errors or irregularities prejudicial to the respondent’s .
substantive or procedural nghts.

7. Options: As separation authority in this case, you may:

a. Direct retention, if you determine the evidence does not warrant discharge; or,

b. Forward this case to 9 AF/CC with the recommendation that the respondent receive an
honorable discharge: or,

c. Direct respondent’s separation with an under honorable conditions (general) discharge,
with or with out P&R: or,

d. Return this case to the unit for re-initiation, with the recommendation that the respondent
receive an under other than honorable conditions discharge.
8. Recommendation: Direct the respondent’s separation with an under honorable conditions
(general) discharge, without probation and rehabilitation. A proposed memorandum to that
effect is attached for your signature. ,

Deputy Staff Judge Advocate

Attachments:
. 1. Proposed Letter
2. Case File