AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL, a NAME OF COUNSEL AND OR ORGANIZATION APDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
VOTE OR THE BOARD. 7,
MEMBERS SITTING HON GEN veTtié OTHER
X
xX .
xX
»4
i. X
’ "|. ISSUES . INDEX NUMBER : EXHIBITS SUBMITTED TO THE BOARD ne
A94.53, A92.37, A93.19 A67.90 1. | ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
02-12-09 FD2002-0268 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPRARANCE
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 RATIONALES
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 RECO: pe a a ie SIGNATURISOF BOARD PRESIDENT

 
 

UC CINDORSEMENT

 

     

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 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 | 47002-0268

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

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for a pattern of misconduct prejudicial to good order and discipline. H e
had three Letters of Reprimand, two Articles 15, a vacation of suspended punishment, and an Unfavorable
Information File. His misconduct included failure to obey an order, breaking restriction, failing to conduct
a thorough through-flight inspection, and three instances of underage drinking. These offenses occurred
over a 9-month period and although member was counseled repeatedly and given numerous opportunities to
improve and change his negative behavior, he was unable or unwilling to do so. At the time of the
discharge, applicant waived his right to submit statements in his own behalf. The Board found applicant’s
repeated misconduct was a significant departure from the standards expected of all airmen, therefore, no
inequity or impropriety was found in his discharge in the course of the records review.

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~-0268
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH A1C)
(MISSING DOCUMENTS)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/12/07 UP AFI 36~-
3208, para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 82/08/14. Enlmt Age: 17 0/12. Disch Age: 19 3/12. Educ: HS DIPL.
AFQT: N/A. A-45, E-46, G-36, M-57. PAFSC: 2A333B — TAC Aircraft Maintenance
Apprentice. DAS: Unknown.

b. Prior Sv: (1) AFRes 99/08/24 — 00/07/18 (10 months 25 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 00/07/19 for 6 yrs. Svd: 01 Yr 04 Mos 19 Das, all AMS.

b. Grade Status: AB - 01/11/16 (Article 15, 01/11/16).
AMN ~ 01/08/22 (Article 15, Vacation, 01/09/25).
Alc - 01/01/19.

c. Time Lost: None. .

d. Art 15’s: (1) 01/11/16, Luke AFB, AZ ~ Article 92. You, who knew of
your duties, between on or about 11 Nov 01 and on or
about 12 Nov O01, were derelict in the performance of
those duties in that you willfully failed to refrain
from consuming alcoholic beverages while under the age
of 21, as it was your duty to do. Reduction to the
grade of AB. (No appeal) (No mitigation)

(2) 01/09/25, Vacation, Luke AFB, AZ - Article 92. You,
who knew of your duties, on or about 26 Aug 01, were
derelict in the performance of those duties in that
you willfully failed to refrain from consuming
alcoholic beverages while under the age of 21, as it
was your duty to do. Reduction to Amn. (No appeal)
(No mitigation)

(3) 01/08/22, Luke AFB, AZ - Article 92. You, who knew of
your duties, on or about 29 Jul O01, were derelict in
the performance of those duties in that you willfully
failed to refrain from consuming alcoholic beverages
while under the age of twenty-one, as it was your duty
to do. Suspended reduction to Amn, and 30 days extra
duty. (No appeal) (No mitigation)
FD2002-0268

e. Additional: LOR, 24 SEP 01 - Failed to conduct a thorough aircraft

thru-~flight inspection.
LOR, 18 MAR 01 - Breaking restriction.

LOR, 15 MAR 01 —- Failure to obey an order.

EF. CM: None.

g. Record of SV: None.

(Discharged from Luke AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (02) Yrs (03) Mos (14) Das
TAMS: (01) Yrs (04) Mos (19) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/06/17.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

02/09/26/ia
DEPARTMENT OF THE AIR FORCE
56th Fighter Wing (AETC)
Luke Air Force Base Arizona

 

MEMORANDUM FOR 56 FW/CC

FROM: 56 FW/JA

SUBJECT: Legal Review of Administrative Discharge
377-02-9764, 309 FS

 

1. ACTION: This case is before you for review and action in your capacily as the separation
authority. The 309 FS/CC recommends the Respondent be separated from the United States Air
Force with a general discharge without probation and rehabilitation pursuant to AFI 36-3208,
paragraph 5.50.2 for a Pattern of Misconduct. I concur.

2. BACKGROUND: The Respondent is 19 years old and has been on active duty in the United
States Air Force for approximately | year and 3 months. He is currently serving a 6-year
enlistment. His AQE scores are: Admin - 45; Elect - 46; Gen - 36: and Mech -57. The
Respondent’s awards and decorations include the Air Force Training Ribbon.

3. FACTS: The following actions from the Respondent’s current enlistment establish a pattern
of misconduct under paragraph 5.50.2:

a. On 15 Mar OF, the Respondent Failed to obey an order by refusing to write an essay
directed by SSgt Miller. He received a Letter of Reprimand.

b. On 17 Mar O01 and 18 Mar 01, the Respondent broke restriction. He recetved a Letter of
Reprimand and an Unfavorable Information File (UIF) was established.

c. On 29 Jul 01, the Respondent was derelict in the performance of his duties by consuming
alcohol while under the legal age of 21. He received an Article 15 and his punishment included a
suspended reduction to the grade of E-2 and 30 days extra duty.

d. On 26 Aug 01, the Respondent was derelict in the performance of his duties by consuming
alcohol while under the legal age of 21. He received a Vacation of Suspended Nonjudicial
Punishment and reduction to the grade of E-2.

e. On 24 Sep 01, the Respondent failed to conduct a thorough aircraft thru-flight inspection.
He received a Letter of Reprimand.

f. Between 11 Nov 01 and !2 Nov 01, the Respondent was derelict in the performance of his
duties by consuming alcoholic beverages while under the age of 21. He received an Article 15
and his punishment included reduction to the grade of E-t.

-Atorney Work Product—
This work product has been prepared by an attorney in the course of performing legal duties on behalf of a client, and is nat to be
provided to anyone outside the Air Force without approval of the originator or higher authority. [lis exempt from disclosure under the
Freedom of Information Act under 5 U.S.C. §352(b)(5) and protected from release under FRCP 26(b)(3).
Pb 40°2- 02468

4. RESPONDENT’S MATTERS: The Respondent has met with military defense counsel and
waived his right to submit matters. /

5. CHARACTERIZATION OF DISCHARGE: The Respondent’s commander recommends a
general service characterization for GRRE cm of service. A general (under honorable
conditions) characterization of service is appropriate if the airman’s service has been honest and
faithful, and if significant negative aspects of the airman’s conduct or duty performance outweigh
the pcsitive aspects of his record. The evidence in this case clearly supports the commander’s
recommendation. The Respondent has received three Letters of Reprimand, two Article 15s, and
a Vacation of Suspended Nonjudicial Punishment during his enlistment. The negative aspects
outweigh the positive agpects of his service record; therefore, a general discharge is appropriate.

6. PROBATION AND REHABILITATION (P&R): P&R, in accordance with AFI 36-3208.
Chapter 7, would be inappropriate in this case and is clearly contrary to the best interests of good
order and discipling.