NA,ME ,O,F..SER.VI.CE M.EI.VIB,ER (LAST, FIRST MIDDLE INITV\L)

GRADE

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
AFSN/SSAN

TYPE UOTH   X

PERSONAL APPEARANCE

SSGT

RECORD REVIEW

'i<',<>,UNJljJ;;)',;:,:,,,  NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING	HON

GEN

X+ X+
x
X+

UOTI-IC	011-IER

DENY

ISSUES

A94.06 A93.19
A94.12

INDEX NUMBER

A67.90
A67.03	1
2
3

X+
ORDER APPOINTING TI-IE BOARD APPLICATION  FOR  REVIEW  OF DISCHARGE 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 DATE	CASE NUMBER

27 Sep 2005
! ,	f;J{	:

FD-2005-00102

Case heard at Washington, D.C.

Advise applicant of the decision of the Board 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 Ai"l'D AUTHGRFf Y-.'.f.    CONDUCT PREJUDICIAL TO GOOD ORDER AND DISCIPLINE

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY  OF THE AIR FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB. MD 20762·7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00102	

GENERAL:	The applicant appeals for upgrade  of discharge to honorable  and 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, MD, on 27 Sep 2005.

The following additional exhibits were submitted at the hearing:
Exhibit #6:  Memorandum from Ellsworth AFB, SD, Area Defense Counsel, dated 27 Jun 90. Exhibit #7: Copy of AFR 39-10 Discharge Board Proceeding Transcripts, 19-20 Apr 90

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

FINDINGS: The discharge is upgraded to general and the reason and authority is changed to Conduct Prejudicial To Good Order And Discipline. The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify  a change of discharge. However, based upon the record and evidence provided by applicant, the Board finds the applicant's characterization and reason and authority for discharge inequitable.

ISSUE:  Applicant received a UOTHC discharge in Jul 90 for Misconduct - Commission of a Serious Offense.  His case file contains two Article 15s for his most recent period of service, both for DUI,  and three Article  15s for previous periods of service, two for DUI and one for sleeping on post.

Applicant contends that his ability to serve was impaired by his use of alcohol as he has been diagnosed by competent medical authority as an alcoholic, he has been able to control this since 1990, and it has been in complete remission since 1997.  Although applicant provided no documented evidence that he has been diagnosed as an alcoholic by competent medical authority or that it has been in complete remission since 1997, he states that he self-identified for alcohol treatment programs after his separation, is still enrolled in  the 12-Step Program, and that getting married in 1997 has solidified his sobriety. The DRB took note that all but one incident of member's documented misconduct over more than a 13 year period was alcohol related, and that he had been enrolled in three alcohol rehabilitation programs prior to his separation. He contends  that his commander at the time of discharge stated he believed applicant was deserving of an Honorable Discharge but was directed to offer him a General Discharge, that at the Administrative Discharge Board, his commander testified that he should have an Honorable Discharge (applicant later changed his issue to state that his commander's testimony was that he should receive a General Discharge), and that he was informed by legal counsel after the Board made their decision that the reason they selected a UOTHC was to send him a strong message to stop drinking.  Although there is no documented evidence that his commander ever
stated that applicant was deserving of an Honorable Discharge, the DRB examined the Discharge Board Proceedings provided by the applicant which verified that his commander did, in fact, testify that applicant should receive a General Discharge, and that the Board recommended a UOTHC Discharge to send applicant a strong message. He also contends that his performance and conduct were consistently rated excellent as evidenced by his performance reports from 1977 through 1990, the fact that he received the AFCM and AFGCM and the fact that he was personally selected to augment HQ PACAF IG Team, and that his record
of promotions and prior Honorable Discharge showed he was a good service member. The DRB took note of the applicant's duty performance as documented by his performance reports and decorations during this and previous periods of service, and agreed that although the Article 15s for DUis were serious in nature, they were mitigated by his outstanding work performance.  The Board also took note that although the DUis were serious in nature, applicant was the lone occupant of his vehicle and no one was injured or killed as applicant	

was not involved in any accidents.  The DRB concluded that a general discharge with the reason being Conduct Prejudicial To Good Order and Discipline were the more appropriate characterization and reason and authority for his discharge.

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. However, in view of the foregoing findings, the Board further concludes that the overall  quality of applicant's service is more accurately reflected by a General Under Honorable Conditions discharge and the reason for the discharge is more accurately described as Conduct Prejud icial to Good Order and Discipline. The applicant's characterization should be changed to General Under Honorable Conditions and the reason for discharge should be changed to Conduct Prejudicial to Good Order and Discipline under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief