AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
GRADE AFSN/SSAN
AB
TYPE
PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION
COUNSEL
YES
NO
x
ERS SITTING
X% RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
HON GEN VOTHC OTIEER DENY
ISSUES
A95.00
INDEX NUMBER
A67,10
HEARING DATE
5 NOV 02
CASE NUMBER
FD2002-0264
_——
REMARKS
Case heard at Washington, D.C.
the AFBCMR.
SIGNATURE OF RECORDER
INDORSEMENT
TO: FROM:
SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
AFHQ FORM 0-2077, JAN 00 (EF-V2)
URE OF BOARD PRESIDENT
re)
EXHIBITS SUBMITTED 7O THE BOARD
ORDER APPOINTING THE BOARD
,
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE
COUNSEL’S REI-EASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
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.
Advise applicant of the decision of the Board, the right to a personal appearance, and the right to submit an application to
DATE:5 NOV 02
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3°” FLOOR
ANDREWS AFB, MD 20762-7002
—
Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0264
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: Upgrade of discharge is denied.
The board finds that the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.
ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant had
received three Article 15’s, one for entering a dormitory living quarters of a female, one for driving while
drunk, and the third one for operating a vehicle when told not to. He also received a Letter of Reprimand
for having sexual intercourse with a woman not his wife. The DRB opined that through these
administrative actions, the applicant had ample opportunities to change his negative/repetitive behavior.
The Board concluded the disciplinary infractions were a significant departure from the 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.
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
FD2002-0264
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AB) (HGH A1C)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 93/11/24 UP AFR 39-10,
para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.
2. BACKGROUND:
a. DOB: 70/03/21. Enlmt Age: 21 5/12. Disch Age: 23 8/12. Educ: HS DIPL.
AFQT: N/A, A-76, E-54, G-82, M-54. PAFSC: 4Y051 - Dental Assistant
Journeyman. DAS: 92/04/27.
b. Prior Sv: (1) AFRes 91/08/29 - 91/12/09 (3 Mos 11 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AMN 91/12/10 for 4 yrs. Svd: 1 Yr 11 Mos 15 Das, all AMS.
b. Grade Status: AB - 93/06/23 (Vacation of Article 15, 93/08/18)
AMN - 93/06/23 (Article 15, 93/06/23)
Alc - 92/10/10
c. Time Lost: None.
d. Art 15’s: (1) 93/08/18, Vacation, Ellsworth AFB, SD, Article 90.
Preliminary investigation has disclosed that you,
having received a lawful command from Lt Col ----- i
your superior commissioned officer, then known by you
to be your superior commissioned officer, to not
operate a vehicle that possesses a state registration
in your name on any property within the jurisdication
of Ellsworth AFB without written permission from the
installation commander, or words to that effect, did,
on or about 30 Jul 93, willfully disobey the same.
Reduction to the grade of AB. (No appeal) (No
mitigation)
(2) 93/06/23, Ellsworth AFB, SD, Article 111. Preliminary
investigation has disclosed that you did, on or about
11 Jun 93, near the Main Gate, operate a vehicle, to
wit: a passenger vehicle, while drunk. Reduction to
the grade of AMN. Suspended reduction to the grade of
AB, and 45 days extra duty. (No appeal) (No
mitigation)
(3) 92/03/05, Sheppard AFB, TX, Article 92. You, did, on
or about 21 Feb 92, violate a lawful general
FD2002-0264
regulation, to wit: paragraph 2], Sheppard Technical
Training Center Regulation 52-2, Vol 1, dated 2 Oct 90,
by entering AB ---------- dormitory living quarters.
Suspended reduction to the grade of AB, forfeiture of
$100.00, and 30 days Correctional Custody. (No appeal)
(No mitigation)
e. Additional: LOR, 10 NOV 93 - Sexual intercourse with a woman not his
wife.
£. CM: None.
g. Record of SV: None.
(Discharged from Ellsworth AFB)
h. Awards & Decs: NDSM, AFTR.
i. Stmt of Sv: TMS: (2) Yrs (2) Mos (26) Das
TAMS: (1) Yr (11) Mos (15) Das
4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/06/17.
(Change Discharge to Honorable)
NO ISSUES SUBMITTED.
ATCH
None.
02/09/27/cr
PP2e027-OR a
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 28TH BOMB WING (ACC)
ELLSWORTH AIR FORCE BASE, SOUTH DAKOTA
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