AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
AFSN/SSAN
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
TYPE GEN [|X PERSONAL APPEARANCE RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
NAME OF COUNSEL AND OR ORGANIZATION
MEMBER SITTING "HON | GEN | UOTHC | OTHER |
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ISSUES ‘493.19 INDEX NUMBER rn 67.10 oe a a is f
A92.21 1 |ORDER APPOINTING THE BOARD
A93.01 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
29 Mar 2012 FD-2010-00262
ONALE,
Case heard in Washington, D.C.
Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.
+Narrative Reason
*Reenlistment Code
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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR AIR FORCE DISCHARGE REVIEW BOARD
§50 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
FROM:
AFHQ FORM 0-2077, JAN 00 (EF-V2) , Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00262
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change the reenlistment code.
The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 29 Mar 2012.
The following additional exhibits were submitted at the hearing:
Exhibit 6: Personal Statement and character letters
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: Upgrade of the discharge, change of reason and authority for discharge, and change of
reenlistment code are 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: The applicant was discharged with an under honorable conditions (general) discharge for minor
disciplinary infractions. The applicant takes full responsibility for all of his misconduct and would like a
second chance to reenlist in the Armed Forces. The record indicates the applicant received two Article 15s
and two Letters of Reprimand. His Misconduct included DUI (2x), failure to pay just debt, and failure to
obey order not to operate a vehicle on or off Aviano Air Force Base for two years. The applicant did submit
a response to his discharge action on 7 August 2003 and he also consulted with military counsel. The
applicant testified that since leaving the Air Force he has stopped drinking and has no alcohol related
offenses. He also testified that he did attend the ADAPT program, he referred to the ADAPT program as a
joke and does not remember why he stopped going to the program. The Board concluded that the negative
aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career. The
characterization of the discharge received by the applicant was found to be appropriate.
The applicant also stated that he requested that his first Article 15 for DUI on 25 September 2002 be set
aside, he states that he did not disobey a direct order when he drove his vehicle using his AFI license
because the unit was at fault for not ensuring that he physically surrendered his AFI license. The applicant
signed an acknowledgement letter from the Deputy Mission Support Group Commander suspending his AFI
license for two years. The applicant’s counsel raised the question of whether the Article 15 violates Air
Force policy against double punishment. In short, the fine the applicant paid to the Italian judicial system
was a civil fine, not a criminal fine, and thus does not amount to double jeopardy The Board opined that
through these administrative actions, the applicant had ample opportunities to change his behavior. They
found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty
performance. The Board reviewed the entire record and found no evidence of impropriety or inequity to
warrant an upgrade of the discharge.
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 performance reports, letters of
recommendation and other accomplishments. They found the seriousness of the willful misconduct offset
any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.
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| j | # A92.21 ~ i i710 See a oe A92.01 1 JORDER APPOINTING THE BOARD 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 12 Jul 2012 FD-2010-00356 - Pea eISS ‘Case heard in Washington, D.C. FINDING: The request for the upgrade of the discharge, to change of reason and authority for...
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