AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

 

TYPE

 

PERSONAL APPEARANCE X RECORD REVIEW

COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

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VOTE OF THE BOARD

 

 

 

 

 

MEMBERS SITTING HON "GEN UOTHC SiR — DE)

 

 

 

 

 

 

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ISSUES

A93.01

INDEX NUMBER

A67.10

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD

 

 

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

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REARING DATE

19 DEC 02

CASE NUMBER

FD2002-0206

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

 

REMARKS

Case heard at Washington, D.C.

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

SIGNATURE OF RECORDE

 

INDORSEMENT DATE: 19 DECO2
TO: FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1538 COMMAND DR, EE WING, 3°? FLOOR

ANDREWS AFB, MD 20762-7002

 

 

 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0206

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and
Authority for discharge and change the RE Code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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: The applicant contends his discharge was inequitable because it was too harsh due to the fact of
being young. The record shows that the applicant received two Article 15’s for failure to go and willfully
failed to refrain from consuming alcohol while under the age of 21. In addition, he also received two
Letter’s of Reprimand for violation of dress and appearance standards and reckless driving that caused an
accident, and a Verbal Counseling for financial irresponsibility. If the applicant 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 this 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 an any contributions to the community. The board
concluded the misconduct was a significant departure from conduct expected of all military members. The
Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge
and that the characterization of the discharge received by the applicant was found to be appropriate.

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
FD2002-0206
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 99/12/17 UP AFI 36-
3208, para 5.49 (Misconduct ~ Minor Disciplinary Infractions). Appeals for
Honorable Discharge, Upgrade of Reentry Code, and Change Discharge Reason.

2. BACKGROUND:

a. DOB: 78/05/16. Enlmt Age: 18 4/12. Disch Age: 21 7/12. Educ: HS DIPL.
AFQT: N/A. A-71, E-73, G-74, M-77. PAFSC: 3E231 - Pavements and Construction
Equipments Apprentice. DAS: 97/06/11.

b. Prior Sv: (1) AFRes 96/10/09 - 96/12/10 (2 Mos 2 Days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enld as AB 96/12/11 for 4 yrs. Svd: 3 Yrs 0 Mo 7 Das, all AMS.

b. Grade Status: Al1C - 98/04/11
AMN - 97/06/11

c. Time Lost: None.

d. Art 15’s: (1) 99/10/06, Eielson Air Force Base, Alaska, Article 86.
You, did, on or about 21 Sep 99, without authority,
fail to go at the time prescribed to your appointed
place of duty, to wit: building 3349. Suspended
reduction to AMN, and 30 days extra duty. (No appeal)
(No mitigation)

(2) 98/09/25, Eielson Air Force Base, Alaska, Article 92,
You, who knew of your duties, on or about 10 Sep 98,
were derelict in the performance of those duties in
that you willfully failed to refrain from consuming
alcohol while under the age of 21, as it was your duty
to do. Suspended reduction to AMN, and 14 days extra
duty. (No appeal) (No mitigation)

e. Additional: LOR, 27 SEP 99 - Violation of dress and appearance
standards.

LOR, 27 JUL 99 ~ Reckless driving that caused an accident.
VBC, 13 FEB 99 ~ Financial irresponsibility.

ff. CM: None.

g. Record of SV: 96/12/11 - 98/08/10 Eielson AFB 4 (Initial)
FD2002-0206
98/08/11 - 99/10/08 Eielson AFB 3 (Annual) REF

(Discharged from BHielson AFB)

h. Awards & Decs: AFTR, SAEMR.

i. Stmt of Sv: TMS: (3) Yrs (2) Mos (9) Das
TAMS: (3) Yrs (0) Mos (7) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/08/20.
(Change Discharge to Honorable, Upgrade of Reentry Code, and Change
Discharge Reason.

Issue: I believe that the character of service that I recieved (sic) was
deserved by the actions that I made while in the Air Force, I also believe that
the Narrative Reason for Separation (Misconduct) was harsh, but deserved None
the less. (sic) The reason I am sending in paper work (sic) is to have my
seperation (sic) code reviewed. With my discharge I recieved (sic) a RE code of
2B which prevents me from entering service again. My only words of defense are
that I was young and stupid. Since my discharge in 1999 I have grown up and
realized there is no other life I would rather have than the Air Force life that
I have missed for so long now. I would like to be reviewed and have my RE code
upgraded to join the Air Force on an Active Duty Basis, which ever (sic) code
may be accepted possibly a 3B. I know I ask alot (sic) when I ask for a second
chance, but I think it is a chance that is deserved.

ATCH
None,

02/09/23/cer
(E42 2-002. ~ 02.06

DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

 

MEMORANDUM FOR 354 FW/CC

FROM: 354 FW/JA

SUBJECT: Legal Review of AFPD 36-32 and AFI 36-3208 Discharge Action -

le. Acar

1. Ihave reviewed the discharge package of iin and find it legally sufficient
to support the proposed action. I concur with the recommendation of the unit commander that
git: discharged from the United States Air Force for Misconduct - Minor Disciplinary
Infractions. The authority for my recommendation is AFPD 36-32 and AFI 36-3208, paragraph

5.49. I also recommend his discharge be characterized as general without the opportunity for
probation and rehabilitation.

2. DISCUSSION: The following incidents form the basis for this action:

a. On or about 10 Sep 98, MBN received an Article 15 for underage
drinking (Atch 1).

b. On or about 14 Jun 99, he received a Letter of Reprimand for driving a government
vehicle too fast and too close for road conditions (Atch 2).

c. On or about 21 Sep 99, he received a second Article 15 for failure to go at the time
prescribed to his appointed place of duty (Atch 3).

d. On or about 27 Sep 99, he received a Letter of Reprimand for reporting to a military
formation without his BDU jacket (Atch 4).

3. All procedures required by AFI 36-3208 have been properly complied with, and the case has

been appropriately processed. PB consulted counsel and waived his right to submit
statements.

4. IRREGULARITIES: None.

5. OPTIONS FOR THE SPECIAL COURT-MARTIAL CONVENING AUTHRORITY: You
may:

a. Retain the respondent in the Air Force.

b. Direct the case be reinitiated under another paragraph, if you deem it appropriate.
EP 200 2 ~ 0206

c. Recommend the respondent be separated with an honorable discharge, with or without
probation and rehabilitation, and forward the case to the General Court-Martial Convening
Authority (11 AF/CC) or his designee (11 AF/CV) for action.

d. Direct that the respondent be separated with a general discharge, with or without
probation and rehabilitation.

6. RECOMMENDATION: I have reviewed this discharge package and find it legally sufficient

to support involuntarily discharging Wagga RED bs been counseled on numerous
occasions for his behavior. In addition to counselings, he has received two Letters of Reprimand
and two Article 15s. eats continues to disregard the rules and regulations. The unit has
used the appropriate tools in an attempt to rehabilitate him and they have not been successful.
Therefore, iAGQBPshould be discharged from the Air Force with Misconduct-Minor
Disciplinary Infractions, paragraph 5.49 as the basis. I concur with the squadron commander that
he be discharged with a general discharge, without the opportunity for probation and

 

 

rehabilitation.
Chief, Mi ary Justice }
T concur
Dt t USAF
Staff Judge Advocate
Attachment:

GEMMBAME Discharge Package

ATTORNEY/CLIENT PRIVILEGED DOCUMENT
DO NOT RELEASE WITHOUT THE EXPRESS CONSENT OF 354 FW/JA

 

 

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£02002-~ 0206

DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

a bec 7

 

MEMORANDUM FoR @

 

im PACAF
FROM: 354 CES/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Misconduct - Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFI 36-3208,
paragraphs 5.49. If my recommendation is approved, you will be discharged and your service will
be characterized as general. You will not be given an opportunity for probation and rehabilitation.

2. My reasons for this action are as follows:

a. On or about 10 Sep 98, you consumed alcohol while being underage. For this
infraction, you received an Article 15 (Atch 1).

b. On or about 14 Jun 99, you rear-ended a government vehicle (GOV) while driving a

GOV, too fast and too close for road conditions. For this infraction, you received a Letter of
Reprimand (Atch 2).

c. On or about 21 Sep 99, you failed to go at the time prescribed to your appointed duty.
For this infraction, you received an Article 15 (Atch 3).

d. On or about 27 Sep 99, you reported to a military formation without your BDU jacket.
For this infraction, you received a Letter of Reprimand (Atch 4).

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or higher authority
will decide whether you will be discharged or retained in the Air Force and, if you are
discharged, how your service will be characterized. If you are discharged, you will be ineligible
for reenlistment in the Air Force and any special pay, bonus, or education assistance funds may
be subject to recoupment.

4. You have the right to consult counsel. Military le legal counsel has been obtained to assist you.
I have made an appointment for you to consult gia Wile Area Defense Counsel,

Building 3112, Room 155, Eielson AFB, nine 3 Dec ay at [002 . You
may consult civilian counsel at your own expense.

   

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by (3 duty days) 7 Jc i 7, unless you
FO r002~ 0206

request and receive an extension for good cause shown. I will send them to the separation
authority.

6. 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.

7. You have been scheduled for a medical examination. You must report to the Physical

Examination Section, 354th Medical Group, Building 3349, at /06e on 6 PE 74 for the
examination.

 

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFT 36-3208 is available for your use in your orderly room.

 

Attachments:

1. Article 15, dated 21 Sep 98

2. Letter of Reprimand, dated 27 Jul 99
3. Article 15, dated 27 Sep 99

4. Letter of Reprimand, dated 27 Sep 99