AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

l NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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PERSONAL APPEARANCE X RECORD REVIEW

 

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

 
 

 

 

 

 

 

 

 

 

 

 

 

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EXHIBITS SURMITTEN 10 THe BOAR!

ISSUES INDEX NUMBER TEER TO THE BOARD
APPOINTING THE BOARD

A94.06 A67.10

  

 

 
 
 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

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HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

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11 Oct 02 FD2002-0172 COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

   

    

ME EC SOR,

 

       

 

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.

 

 

 

To: FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
350 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 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 FD02-0172

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

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: The discharge is upgraded to Honorable; however, the reason for discharge and RE Code will
not be changed. .

ISSUE: The applicant does not contest his discharge. He admits that he made mistakes and is only asking
for an upgrade for the sole purpose of obtaining his G.I. Bill benefits. The records indicated the applicant
received a General discharge for Misconduct — Minor Disciplinary Infractions. He received an Article 15
for drinking and driving and two Letters of Reprimand for failure to obey a lawful order and violation of a
general regulation. After a through and complete consideration of the information submitted by the
applicant, and information contained in the record, the Board concluded there was sufficient mitigation and
extenuation to substantiate upgrade of the discharge. The Board did not however agree to change
applicant’s reason for discharge or his reenlistment code.

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 an Honorable discharge. The applicant’s
characterization should be changed to Honorable under the provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
FD2002-0172
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/07/05 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 80/04/05. Enlmt Age: 17 8/12. Disch Age: 21 3/12. Educ: HS DIPL.
AFQT: N/A. A-70, E-44, G-34, M-28. PAFSC: 3E131 - Heating, Ventilation, Air
Conditioning Apprentice. DAS: 00/05/03.

b. Prior Sv: (1) AFRes 97/12/30 - 98/06/16 (5 Mos 17 Days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 98/06/17 for 4 yrs. Svd: 3 Yrs 0 Mo 19 Das, all AMS.

b. Grade Status: AlC - 00/04/01
AMN - 99/12/09 (Article 15, 99/12/09)
Alc - 99/10/17
AMN - 98/12/17
AB - 98/06/17

c. Time Lost: None

d. Art 15’s: (1) 99/12/09, Andersen AFB, Guam, Article 111. You, did,
on or about 11 Nov 1999, while near the Main Gate,
Building 2404, physically control a vehicle, to wit: a
passenger car, while drunk. Reduction to the grade of
AMN, and 30 days extra duty. (Appeal/Denied) (No
mitigation) .

e. Additional: LOR, 12 JUN 01 - Failure to obey a lawful order
LOR, 19 MAR 01 - Violation of a general regulation

£. CM: None

g. Record of SV: 98/06/17 - 00/04/30 Andersen AFB 5 (Initial)
00/05/01 - 00/12/17 Patrick AFB 4 = (CRO)

(Discharged from Patrick AFB)

h. Awards & Decs: AFTR, AFOLTR, AFEM, AFOUA.

i. Stmt of Sv: TMS: (3) Yrs (6) Mos (6) Das
TAMS: (3) Yrs (0) Mos (19) Das
FD2002-0172

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/16
(Change Discharge to Honorable)

Issue: I'am (sic)trying to get my discharge upgraded to honorable for the
sole purpose of attending college. I live in Austin, TX rent is high and so is
school. I'm working two jobs now and I still cannot afford to go to school. I
would like to futher (sic) my education. I payed $1200.00 for my G.I. Bill and
I really need it. I know I made mistakes in my military career but I took (sic)
full responsibility and stood up for my actions. In return all I'm asking is
for some support to help me survive as a civilian. I have learned a great deal
from the military but I can not survive in the civilian world with out a good
education.

ATCH
Ll. DD Form 149

02/07/25/cer
eee
95/22/2082 13:53 494-4631 45MSS/DPMA PAFB FL PAGE @6
FOMOZ- O17 2

DEPARTMENT OF THE AIR FORGE
45TH SPAGE WING (AFSPC)

 

25 Sun /

FROM: 45 CES/CC
SUBJECT: Notification Memorandum

1. Lam recommending your discharge from the United States Air Force for Misconduct,
specifically Minor Disciplinary Infractions. The authority for this action is AFPD 36-32 and
AFI 36-3208, Chapter 5, paragraph 5.49. If my recommendation is approved, your
service will be characterized as Honorable or Under Honorable Conditions (General). |
am recommending your service be characterized as Under Honorable Conditions
(General).

2. My reasons for this action are the following:

a. On 4 Jun 01, you failed a dormitory room inspection conducted by sammie
Mie 45 CES/CCF. This was your fourth room inspection failure in less than 3 months,
for which you received a Letter of Reprimand (LOR), dated 12 Jun 01.

b. On 11 Nov 00, you violated a lawful general regulation at or near Brevard
County, FL, by drinking alcohol while under the minimum legal drinking age of 21 years of
age. You were stopped by the civilian police on the Pineda Causeway for speeding and
underage drinking. For this misconduct you received an LOR, dated 19 Mar 01. An
Unfavorable Information File (UIF) was established, and this LOR was filed in the UIF.

c. On 11 Nov 99, you did at or near Andersen AB, Guam, near the Main Gate,
Building 2404 physically control a vehicle, to wit: a passenger car, while drunk. For this
misconduct you received Nonjudicial Punishment under Article 15, UCMJ, dated 9 Dec 99.
The imposed punishment consisted of reduction to the grade of airman and 30 days extra ~

duty.

3. Copies of the documents to be forwarded to tha separation authority In support of this
recommendation are attached. The commander exercising Special Courts-Martial
jurisdiction, or a 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 educational assistance funds may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to
assist you. | have made an appointment for you to consult with
Area Defense Counsel, Bidg 423, Sulte N-115, Patrick Alr Force Base, Florida, phone
06/22/2082 13:53 494-4631 45MSS/DPMA PAFB FL PAGE 7

FD2002~ Of 72.

DSN 854-4423, at P TOD hrs on Ot Tan | . 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 _O900, ZAJUN Ol, unless you

request and receive an extension for good cause shown. | willsend any submissions to
the separation authority.

If you fail to consult counsel or to submit statements in your own behalf, sour failure will
consis a waiver of your right to do.so.

7. You have been scheduled for a medical examination. You must report to the 45th

Medical al Group, Physical Exam Section, Patrick AFB, at_/ 2209 hrs on
for the examination.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.
A copy of AFI 36-3208 is available for your use at the office of the Area Defense Counsel,

Bldg 423, Suite N-115.

   

Commander

Attachments:

1. LOR, dtd 12 Jun 01

2. AF Form 1058, dtd 3 Apr 01
3. LOR, dtd 19 Mar 01

4. AF Form 3070, dtd 9 Dec 99
@5/22/2802 13:53 494-4631 45MSS/DPMA PAFB FL PAGE 31

FOAbO2~ O77

DEPARTMENT OF THE AIR FORGE
45TH SPACE WING (AFSPC)

 

MEMORANDUM FOR 45 SW/CC

FROM: 45 SW/JA

SUBJECT: Legal Review of AFI 36-3208 Separation Action — csastiqiliiiiiiliiaiagiia,
mis, 45 CES

1. Ihave reviewed the attached AFI 36-3208 separation action concerning JMiggyaialiame

ehamgiaggggmte, anc find it legally sufficient.
2, BACKGROUND: On 25 Jun 01,