AIR FORCE DISCHARG E REVIEW BOARD HEARI NG RECOR D

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADie	AFSN/SSA N

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A I C

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TYPE   GEN	x	I

PERSONAL  APPEARANCE

I	RECORD    REVIEW

co!JNSEt
1-

-I NAME OF COUNSEL AND OR OR<.;ANIZATION

ADDRESS AND OK OKGANIUTION OF CO\INSEL

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YES	Nu
x

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VOTE OF THE    OARD

MEMBER  SITTI NG
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HON	GEN

x

UOTI IC	OTHER

DENY

X+*
+* X+*

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ISSUES

A93.19

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INDEX NUMBEK

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x	+*
x	+*
A67.10	EXHIBITS SUBMITTED TO THE BOARD

A02.1 7 A92.21 A94.05

I	ORDER APPOINTINCi TllE BOARD
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2	A PPLICA'f'10N FOR REVIEW OF DISCllARGF
3	LETTER OF NOTIFICATION
4		BRIEF or PERSONN EL FILE COUNSEL'S RELEASE TO THE BOA RD
ADDITIONAL EXHJ13JTS SU HMITTED AT TIME OF PERSONA L APPEARANCE

TAPE RECOR DING OF PERSONAL APPEARANCE I IE

HEARING DATE	CASE NllMBER

17 May 2007	FD-2006-00418
APPLICANT'S lSSllliAND THE llOARD'S OllCISIONAL RATIONAL ARE DISCUSSllD ON THE ATTACHED AIR FORCE DISCHARGE REVIEW llOARD DECISIONAt RATIONALll:

Case heard in Washington, D.C.

Advise appl icant of the decision of the Hoard and the right to submit an appl ication to the J\ FHCMR.

Names and votes wi l l  be made avai l able to the appl icant at the appl i cant's req uest.

X  - Characterization
+ - Change Reason and Authority
* - Change Reenl istment Code

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TO,

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

INDORSEMENT

FWOM:

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DATE:  5/29/2007

SECKETARY OF THE AIR  FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW BOAKD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

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AFHQ FORM 0-2077, JAN 00	(EF-V2)

Previous edition wi ll  be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00418	

GENERAL:   The applicant appeal s for upgrade of discharge to honorable, change reason and authority and change reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), and was represented by
•	from the American Legion, at Andrews AFB on 17 May 2007. The following witnesses also testified on the applicant's behalf:	(mother),.  (son),·	(brother),	and	(close friends).

The following additional exhibits were submitted at the hearing: Exhibit #5:  American Legion Statement with Attachments Exhibit #6:  Six Character Letters
Exhibit #7:  Seven Automotive Certificates
Exhibit #8:  2006 Police Officer Examination Acceptance Letter Exhibit #9:  Harold Washington College Transcript
Exhibit #10:  University ofIL at Chicago Acceptance Letter Exhibit #11:  Four Mil itary Certificates
Exhibit #12:  Letter of Appreciation from Capt Lopardi Exhibit #13:  Peacekeeper Challenge  '92 newspaper article
Exhibit #14:  Kennedy-King College "Tribute to Honor Students" Brochure
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:   Upgrade of discharge is granted.
Change ofreason and authority and change ofreenl istment code arc denied.

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 characterization of discharge ineq uitable.

ISSUE:

Issue 1. The applicant contends that his service, less the separate isolated episodic incidents of alcohol abuse, was honorable.  Applicant contends that at the time of his discharge he was not fully aware that he had an alcohol abuse problem.  Applicant contends he was not given an opportunity to rehabilitate and overcome his alcohol abuse.  The record indicates that the applicant received a General discharge for Misconduct, Minor Disciplinary Infractions.  The record shows that the applicant received a DA Form 3975
(suspended nonjudicial punishment) for driving under the influence (DUI), two Letters of Reprimand for late for duty and drunk/disorderly, and an Article 15 for DUI.

The applicant testified that he grew up in a tough neighborhood and that alcoholism was prevalent in his family (his biological  father, grandfather and uncle).  The applicant, through the strong support of his mother and step-father, remained focused on school and athletics and avoided the peer pressure to drink.  He also participated in JROTC through high school and was promoted to E-3 upon completion of basic training.
Prior to his first DUI the applicant was selected as a member of the Elite Guard and AF Peacekeeper Challenge Team.  According to medical records the applicant's first consumption of alcohol was shortly after entry into active duty.  After being diagnosed as a problem drinker, the applicant was enrolled in and successfully completed Alcohol and Drug Abuse Prevention and Treatment (ADAPT).  After his second DUI the applicant was diagnosed with alcohol abuse, episodic; and recommended for rehabilitation and	

•

retained on active duty to receive treatment.  The applicant contended that he was not made aware that he  had a serious drinking problem until after the second incident.  After his diagnosis and prior to his discharge, the applicant found and attended Alcoholics Anonymous (AA) meetings on his own.  Following discharge the applicant successfully completed counseling and is currently an active member of AA.  He has counseled and championed others in their recovery as well.  He is also an active mem ber of his community; working to feed the homeless, participating in charity events; volunteering at the YMCA, and is currently mentoring youth in poverty stricken neighborhoods.

After considering the applicant's records and testimony (as well as the additional evidence provided during the board -to include his pre- and post-service accomplishments), the Board majority opined that had the applicant been given the opportunity for rehabilitation and provided proper supervision and mentoring, he likely would have overcome his alcohol problem and been a quality asset to his unit and the Air Force.  The Board grants the upgrade of the characterization of discharge to Honorable.  The Board did not find any sufficient mitigation to substantiate changing the reason for discharge or the reenlistment code.

Issue 2.  The applicant contends that his command failed to accept the clinical recommendation for retention and opportunity for probation, rehabilitation or rehabilitative transfer at time of discharge.  The applicant also contends that he was given inadequate and incomplete legal counsel and support during his discharge. · The Board finds no evidence of impropriety but, as stated in the above issue, found evidence of inequity and grants upgrade of the characterization to Honorable.  Again, the Board found no evidence to mitigate changing the reason for discharge or the reenlistment code.

Issue 3.  The applicant states that he continues to experience limited opportunities for employment and VA benefits as a result of his discharge cha racterization, reason and authority, and reenlistment code.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

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 findings and based upon contributory factors presented, the Board  believes  that relief for the characterization of the discharge should be granted. The applicant's characterization should be changed to Honorable under the provisions of Title 10, USC  1553.

Attachment: Examiner's Brief