| AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE | AFSNISSAN

|

 

 

TYPE GEN | PERSONAL APPEARANCE

X RECORD REVIEW

 

 

 

NAME OF COUNSEL. AND OR ORGANIZATION

   

YES No

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 
   

HON GEN UOTHC | OTHER DENY

 

 

 

 

 

 

 

 

 

 

INDEX NUMBER

ISSUES A93.19
A01.43

469.00

 
   

aie SUAS CW ee)

1 |ORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3

4

 

 

 

LETTER OF NOTIFICATION
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

 

24 Feb 2011 FD-2009-00516

application to the AFBCMR.

 

SAF/MRBR
550 C STREET WEST, SUITE 40

RANDOLPH AFB, TX 78150-4742

 

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

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

 

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2) Previous edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00516

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
and requests that the re, icw 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.
FINDING: The Board denies the upgrade of the discharge.

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 medical conditions and medication he was taking contributed greatly to his
misconduct. The record indicates the applicant received a General discharge for failure in alcohol
rehabilitation. Additionally, he had an Article 15 in August 2007 for driving while intoxicated. Upon
review of the record, the Board was unable to find any documentation regarding the discharge. Due to lack
of evidence and supporting documentation to explain the discharge, the Board concludes that the misconduct
was a Significant departure from the conduct expected of all military members. The Board relies on the
presumption of regularity and finds the characterization; reason for discharge and the reenlistment code were

appropriate.

Issue 2. A review of applicant’s medical record disclosed he had an ADAPT in-take appointment on 29 Jan
2007. He attended the 6-hour Substance Abuse Awareness Seminar in Feb 2007. In July 2007, applicant
was diagnosed alcohol dependent and also as having an adjustment disorder with depressed mood. In late
September 2007, applicant had a relapse without hospitalization. He subsequently made a suicide attempt
while drunk, at which time it was determined he should go to in-patient treatment. By his own admission,
applicant refused the treatment and was deemed an alcohol rehabilitation failure. Coupled with his known
misconduct, the Board concluded the discharge was appropriate for the reason which was its basis, and that
the characterization accurately described the quality of applicant’s service.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

Attachment:
Examiner's Brief
OMB No. 0704-0004

 
 
 
  
   

APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

& public reporting burden lor inis collection * “yormation ts estimated to average 30 minutes pér response, including the fimé for reviewing instruclions, Searching exis Ing dala sources, gathene; 37
Maintaining the data needed, and completing a:-2 seviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, inciudr ;
suggestions for reducing the burden, to the De:27ment of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law. ne

Person shail be subject to any penalty for failing :> comply with a collection of information if it does nol display a currently valid OMB control 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 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 (X one) | ARMY MARINE CORPS NAVY x AIR FORCE COAST GUARD
b.. NAME (Last, First, Middle Initial} c. GRADE/JRANK AT DISCHARGE d. SOCIAL SECURITY NUMBER

E-4

      
   
 

  
  

 

   

 

 

 

 

 

 

 

   

 

 
   
 

 

 

 

   

6. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward

* ndfificatinn nf anv chance in adrirass,}

 
 

 

9. EMAIC

  
   

 

 

   
  
     
   
   
  
   
  

 

 

  
   
     
   

 

 

   
 

" (YYYYMMOD) (ff date is more than 15 years TAN
ago, submit a DD Form 149) HONORABLE CHANGE TO HONORABLE
GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

    
   
  

 

 

  
    
  
  

20071108
3. UNIT AND LOCATION AT DISCHARGE
OR SEPARATION

21STS Pope AFB, NC

76. 1SSUES: WHY AN UPGRADE OR CHANGE {S REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on

Page 3,
I think tue to injuries and medicine sustained while in the service, i made poor choices which caused my discharge.

UNDER OTHER THAN HONORABLE CONDITIONS
BAD CONDUCT (Special court-martial only}
UNCHARACTERIZED

CHANGE TO UNCHARACTERIZED
(Not applicable for Air Force)
TAN NARRA re fi

 

 

   
 

SEPARATION:

 

  

 

 

  
 

 

    
   

  

(Xi apy plicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (VYYYMMDD)
-AND THIS. FORM {S SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR: EVIDENCES

‘BIN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in item 14.

é if military document ie 9 medical ieoords are relevant to your case, please send copies.)
Please seé attached documents

 

‘7.

  
       
   
 

  

 
  

4-9. TYPE OF REVIEW REQUESTED (X one)
GONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

x SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, D.C. METROPOLITAN AREA.
TANDIOR (counselrepresentative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
Leni city and state) (NOTE: The Navy Discharge Review Bose does not have a traveling panel.)

J (if any) NAME (Last, First, Middle Initial) AND ADDRE
(See tem 10 of the instructions about counsel/representative.)

 
     
  

   
 

 
 
  
 
  

     
 

 

  
    

1. APPLICANT MUST SIGN IN ITEM 12.a. BELOW. if the record in question is that of a deceased or incompetent person, LEGAL PROOF

OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application Is signed by other than the applicant,
indicate the name (print) Bruce Maurice and relationship by marking a box below.

winoweR [| NEXTOFKIN{ [LEGAL REPRESENTATIVE |" | OTHER (Specify)

42. CERTIFICATION. | make the foregoing statements, as part-of my claim, with full knowledge of the
penalties involved for wit/fully 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.)

b. DATE SIGNED - REQUIRED
(YYYYMMDD)

20090715
PREVIOUS EDITION IS OBSOLETE.

 
  
  
   
   

   
   
   
 
 

 
 
    
  

CASE NUMBER
(Do not write in this space.)

   
   
  

    
  
  
 

   
 
  
  

  

@ CCMAAIDE _ RBOEOIUPEN Anniiawsont ar narcan in tam 17 ahavel

FO 2007-0051 |p

Page 1 of 4 Pages
FormFtow/Adobe Designer 7.0

 

    

DD FORM 293, NOV 2006
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

NAME (Last, First, Ml): SSN: DOCKET # COMPONENT:
FD-2009-00516 USAF

       

    

  
  

       
  
 
    
   

|

|
eo
TYPE OF DISCHARGE: | DISCHARGE FROM DISCHARGE DATE:
GENERAL POPE AFB, NC 08 NOV 07

 

     

APPEALS FOR: UPGRADE DISCHARGE

 

 

DOB/ ENLMT AGE: DISCH AGE: , FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
28 DEC 82 20 24 SRA SRA 18 MAR 06 NONE

     

 

        

 

 

  
 
  
 

 

 
 

DEP DT:
31 JUL 02

AFSC: J1C251 - PARACHUTIST COMBAT _ ASVAB SCORES: A: §2 E: 87 G: 78 M: 82

CONTROL JOURNEYMAN

  

  

 

   

D. ART 15/ VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 4 UNKNOWN GCM: UNKNOWN UNKNOWN

     
 
 

         

 

 

 

 

F, RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
18 MAR 03 - 20 OCT 06 POPE AFB 5 (ANNUAL)

G. AWARDS & DECS: GWOTSM, AFLSA

  
    
  

    
  

  

 

H. TMS: 5 YRS 3 MOS 10 DAS TAMS: 4 YRS 7 MOS 21 DAS

 

DAS: UNKNOWN

  

EAD: 18 MAR 03

 

   
  
   

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
15 JUL 09 280CTI10/JLL

 

 

 

   

      
 

 

  

RECORDS: | MPR:NO ARMS: YES STR: YES ISSUES: YES ATTACHMENTS: YES

AUTH FOR DISCHARGE : AFI 36-3208 (ALCOHOL REHABILITATION FAILURE)

 

 

     

 

 

 

 

 

 
 
 

 

   

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

ART 15: 23 AUG 07 - (ART 111) DWI.

   

 

  

EXAMINER'S NOTE: NO DISCHARGE PKG IN RECORD

©SAF/MRBR V10709
APPLICATION FOR THE REVIEW OF DISCHARGE
FROM THE ARMED FORCES OF THE UNITED STATES

(Please read instructions on Pages 3 and 4 &

~~ ORE completing this application.)

OMB No. 0704-0004
OMB approval expires
Oct 31, 2009

 

he public reporting burden tor his collection of nformalion is estmaled to averay
maintaining the data needed, and completing and reviewing the collection of in -
suggestions for reducing the burden, to the Department of Defense. Executive

person shall be subject to any penalty for failing to comply wiih a collection of infarc: =
TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TU

ninules per response, indluding the time for reviewing instuctions, searc ng exisng dala sources, gathering and
* Send comments regarding this burden estimate or any other aspect of this collection of information, including
s Oirectorale (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no
caf i does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

 

AUTHORITY: 10 U.S.C. 1553; E.0. 9397
PRINCIPAL PURPOSE(S):
ROUTINE USE(S): None.

DISCLOSURE: Voluntary; however, failure to provide iden

To apply for a change in the che scte

PRIVACY ACT STATEMENT

Security Number is strictly to assure proper identification of ihe individual and appropriate records.

rization or reason for military discharge issued to an individual.

trhy.-g information may impede processing of this application. The request for Social
t

 

1. APPLICANT DATA (The person whose discharge is to be reviz::

ed). PLEASE PRINT OR TYPE INFORMATION.

 

T

a. BRANCH OF SERVICE (X one) ARMY |

 

 

MARINE CORPS NAVY x

 

 

 

AIR FORCE

COAST GUARD

 

 

 

b. NAME (Last, First, Middfe Initial)

oe c. GRADE/RANK AT DISCHARGE

:

a E-4

 

 

 

e. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward

notification of any change in adaress.)

¥. TELEPHON

d. SOCIAL SECURITY NUMBER

NUMBER (Include Area Code

 

g. E-MAIL.

 

 

h. FAX NUMBER (Include Area Codey

N/A

 

2. DATE OF DISCHARGE OR SEPARATION
(YYYYMMDD) (If date is more than 15 years

a DISCHARGE CHARACTERIZATION RECEIVED (x one)

5. BOARD ACTION REQUESTED (x one)

 

HONORABLE

| CHANGE TO HONORABLE

 

ago, submit a DD Form 149)

x GENERAL/UNDER HONORABLE CONDITIONS

 

20071108

UNDER OTHER THAN HONORABLE CONDITIONS

 

3. UNIT AND LOCATION AT DISCHARGE

BAD CONDUCT (Special court-martial only)

CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

 

CHANGE TO UNCHARACTERIZED
(Not applicable for Air Force)

 

OR SEPARATION

UNCHARACTERIZED

 

 

21STS Pope AFB, NC

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on

Page 3.)
I think due to injuries and medicine sustained while in the service, i made poor choices which caused my discharge.

OTHER (Explain}

 

 

AN NARRATIVE RED

SEPARATION:

ON FOR

 

 

 

 

7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (yyYYmmpDD)
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 14.

if military documen
Please seé stacked documents.

 

1" medical records are relevant to your case, please send copies.)

 

9. TYPE OF REVIEW REQUESTED (x one)

WASHINGTON, D.C. METROPOLITAN AREA.

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
t AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

TAND/OR (counsel/representative) WISH TO APPEAR ATA HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state) (NOTE. The Navy Discharge Review Board does not have a traveling panel.)

 

 

NAME (Last First, Middle Initial) A
(See Item 10 of the instructions about counsel/representative.)

 

 

11. APPLICANT MUST SIGN IN ITEM 12.a. BELOW. If the record in question is that of a deceased or incompetent person, LEGAL PROOF

OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. if the application is signed by other than the applicant,
Indicate the name (prin) Bruce Maurice and folafionship by marking a box below.

WIDOWER

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with.fuil knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shail be fined under this title or imprisoned not more than § years, or both.)

b. DATE SIGNED - REQUIRED
(YYYYMMOD)

 

CASE NUMBER
(Do not write in this space.)

 

DD FORM 293, NOV 2006

20090715
PREVIOUS EDITION IS OBSOLETE.

FO 2009 ~o0S1 lp

Page 1 of 4 Pages
RarrnFtenpncobs Designer 7.0
July/15/2009
Dear, whom it may concern.

| entered the United States Air Force on March 18, 2003; at this time | was
guaranteed a chance to become a Cémbat Controller. | entered basic training and
Combat control orientation. Over the next four to five years | received above
average scores in the following schools: Airborne, Military Freefall, Combat
Survival training, Underwater EgressgAir traffic Control, Combat Control School,
Marine Combat Dive, Cross Cultural Communication, Dynamics of International
Terrorism, Middle East Orientation, Backwater, Raven B, Land Navigation, and
Combat Control Advanced Skills Training (AST), which involved many other skill
training.

During this time | received many different injuries. During Land Navigation
Training | fell from a cliff and received a (TBI) Traumatic Brain Injury, also cervical
neck and shoulder injury. During one of our static line jump, | received cracked
and bruised ribs and a shoulder injury. | also received a few ankle and knee
injuries due to extensive amounts of running and other training events. While on
a training mission in six to eight foot seas in a zodiac boat in the Gulf of Mexico, |
was thrown from the boat, and then run over by the boat. | received a severe

back injury with two bulging discs.

Toward the end of my military career | suffered from chronic back pain,
headaches, and severe depression. At the same time my wife suffered from a-
seizure and bi-polar disorders. My decision making a judgment was distorted due
to pain, depression and family matters and medication. | then started to drink?
heavily to deal with these issues. During this period of heavy drinking and tough
times in general | received a DUI and was hospitalized for suicidal thoughts. | was
required to go to ADAPT and AA counseling for the drinking and regular
counseling for my depression.

During this time of treatment, | was told outpatient treatment would allow
a somewhat normal life and | would be able to take care of my wife. | was then

told | was going to have to do inpatient treatment, which would be 31 days way
from home and my ill wife, when | had already een promised that | wouldn't

have to. My situation would not allow me to de this at the time. My refusal of this
treatment plan is what causes my discharge from the Air force. A decision | regret

every day.

Looking back, | could have Handled the situation differently. At the time |
thought | was doing the right thing for myself and my wife. |am now out of the
military on a general other than honorable discharge, with 80% disability and
incompetency. | am still being evaluated by the veteran’s adimstration for various
injuries. | would like to have my discharge changed to honorable. Please consider -
the success of my current career and injuries. Please consider all of these factors
and the extend of injuries occurred in the line of duty in the Air Forces, many
which were out of my control and others with poor judgment due to extenuating
circumstances. Please do not allow my poor decision in a time of pain, and
clouded judgment while under medication given to me by my military doctors,
stay with me the rest of my life and cause more problems and hardship.

fy