AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-0 1-0000 1 

GENERAL: The applicant appeals for upgrade of discharge to Honorable. 

The applicant was offered a personal appearance before the Discharge Review Board (DRE3) but  declined to 
exercise this right. 
. 
The attached brief contains the available pertinent data on the applicant and the factors leading to the discharge. 
FINDINGS:  Upgrade of discharge is denied. 

The Board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or 
impropriety which would justify a change of discharge. 

The applicant's issues are listed in the attached brief. 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh-that he was young and did not 
realize what alcohol was doing to him.  The records indicated the applicant received an Article 15 and a Letter 
of Reprimand for drinking alcoholic beverages under the legal age limit of 21 years old, and operating a vehicle 
while drunk under the legal age.  The Board concluded the misconduct was a significant departure from conduct 
expected of all military members.  The characterization of the discharge received by the applicant was found to 
be  appropriate.  If he  can provide  additional documented  information to  substantiate an issue, the applicant 
should consider exercising his right to make a personal appearance before the Board.  If he should choose to 
exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with 
factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions 
to the community. 

Issue 2.  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 p'erformance as documented by  his performance report,  letters of 
recommendation and  other information contained in the records.  They found the  seriousness of the willful 
misconduct offset any positive aspects of the applicant's duty performance.  f i e  Board concluded the discharge 
was appropriate for the reasons which were the basis for this case. 

- 

._ 

Issue 3  applies to the applicant's  post-service activities.  The DRB was pleased to see that the applicant was 
doing well and has a good job.  However, no inequity or impropriety in his discharge was found in the course of 
the hearing.  The  Board  concluded the  misconduct of  the  applicant appropriately characterized his term  of 
service. 

Page 2 (Cont'd) 

FD01-00001 

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. 

In  view of the foregoing findings the board  further concludes that there exists no legal or equitable basis for 
. 
upgrade of discharge, thus the applicant's discharge should not be changed. 
Attachment: 
Examiner's Brief 

- - 

~  - - 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFF5, MD 

FD-01-00001 

(Former AIC) MISSING DOCUMENTS - 

.- 

1.  MATTER UNDER REVIEW:  Appl rec’d a GEN Disch fr.USAF 94/12/02 UP AFR 35-10, 
para 5-47a  (Pattern of Misconduct).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

. -  

a. DOB: 73/09/21.  Enlmt Age:  18 1/12.  Disch Age: 21 2/12. Educ:HS DIPL. 

AFQT: N/A.  A-70,  E-48,  G-62,  M-32. PAFSC: 1N231 -  Signals Intelligence 
Production Apprentice. DAS: 92/12/11. 

b.  Prior Sv: AFRes 91/10/31 -  92/04/05  (4 months 4 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB-92/04/06 for 4 yrs.  Svd: 2 Yrs 7 Mo 27 Das, all AMs. 
b.  Grade Status:  A1C -  53/08/06 
AMN  -  92/10/06 

c.  Time Lost:  none. 

d.  Art 15’s:  (1) 93/09/16, Wheeler AAF, Hawaii -  Article 92.  You did, 

o/a 27 h g  93, violate a lawful regulation, to wit: para 
1-4(a), AFR 215-7 dated 27 Sep 91, by drinking alcoholic 
beverages.  Rdn to Amn  (susp til 15 Mar 94) , and 
forfeiture of $50 pay.  ( N o   appeal) (No mitigation) 

e.  Additional: LOR,  21 JUN 94 -  Driving while intoxicated. 
f.  CM:  none. 

g.  Record of SV: 92/04/06  93/12/05  Wheeler AAF  3  (Initial) 

(Discharged from Hickam AFB) 

h.  Aflards  &  Decs:  AFOUA, NDSM, AFOSLTR, AFTR. 
i.  Stmt of Sv:  TMS:  ( 3 )   Yrs  (1) Mos  (2) Das 
TAMS: (2) Y r s - 4 W - U )  Das 

- 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 00/11/26. 

(Change Discharge to Honorable) 

Issue 1:  I was young and did not realize what alcohol was doing to me.  I 
was charged with under age drinking.  I am older now and realize the mistake I 
made.  I need my dischar‘ge changed to receive my VA Benefits.  I always did my 

mol-00001 

job well while in the Air  Force.  I just had a problem with alcohol, but since I 
do not touch alcohol I have a family now and need to further my education but 
without assistance from the VA i will not be able to.  I  am at your mercy in 
- 
this matter and would greatly appreciate your concerns for me and my  family. 
ATCH 
none. 

- 

- 

-- 

- 

P 

0 1 / 0 1 / 0 4 / i a  

...  - 

DEPARTMENT OF THE AIR FORCE 

AIR INTELLIGENCE AGENCY 

9 

. 

.  FROM:  '  324tMtelligence Squadron/MSF 

11 02 Wright Avenue 
Wheeler Army Airfield, HI  96854-5200 

SUBJECT:  Notification Letter 

1.  I  am recommending your discharge from the United States Air Force for a pattern of 
misconduct.  Authority for this action is AFR 39-1 0, Section HI paragraph 547a.  If my 
recommendation is approved, your service will be characterized as honorable or 
general.  I  am retommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  You did, at Wheeler Army Airfield,  Hawaii, on or about 27 August 1993, violate 

a lawful regulation, to wit: paragraph 1 -4(a), Air Force Regulation 21 5-7, dated 
27 September 1991 , by drinking alcoholic beverages while under the legal age limit of 
21 years old.  For this, you received a suspended reduction to the grade of Airman, and 
forfeiture of $50 pay. 

b.  You did, at or near Wahiawa, Hawaii, on or about 7 June 1994, operate a 

vehicle, to wit, a passenger car, while drunk, under the legal age limit of 21 years old, in 
violation of Article 11 1 , UCMJ.  For this you received a Letter of Reprimand, which was 
included in your UIF.  You were placed on the Control Roster. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a 
higher authority wilt decide whether you will be discharged or retained in the Air Force. 
If you are discharged, you will be ineligible for reenlistment in the Airforce. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you.  I  have made an appointment for you to consut 
the Air 
Defense Council, Bldg 11 13, Hickam AFB, HI on 26 Oct 94 at 1530 hours.  Y o w a y  ' 
consult civilian counsel at your own expense. 

-- -____ 

-- 

- 

4.  You have the right to submit statements in your own behalf.  Any statements you 
want the separation authority to consider must reach me by 28 Oct 94, unless you 
request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

"Freedom Through Vigilance" 

- 

- 

5.  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. 

. 

6.  You have been scheduled for a medical examination.  You must report to the Medical 
Examination Center, Hickam Air Force Base Clinic at 0815 hours on 26 Oct 94. Do not 
eat, drink, smoke or chew gum after 2000 hours on 25 Oct 94.  If applicable, you must 
refrain from consKming alcohol at least three days prior to your examination. Jfirou  wear 
glasses, you must bring them with you.  A TB Tine Test should be taken prior tothe 
physical exam date.  If this is not accomplished before the exam, report immediately to 
the Immunization Clinic upon completion of the physical for the TB Tine Test. 

- 

7.  Any personal information you furnish in rebuttal is covered by the Privacy-Act 
Statement as explained in AFR 39-10, attachment 2.  A copy of AFR 39-10 is available 
for your use in the Unit Orderly Room. 

- 

Attachments: 
1.  AF Form 3070, dtd 16 Sep 93, 
w15 Atch 
2.  AF Form 1058, dtd 21 Jun 94, 
w/l Atch 

- 

, 

__