AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE | AFSN/SSAN
iat. AB i,

TYPE . —
PERSONAL APPEARANCE X RECORD REVIEW J

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
VOTE OF THE. BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
_ x
———— SS il x
a x
Se x
a x
ISSUES INDEX NUMBER XHIBITS SUBMITTED TO THE BOARD
A92.21 A67.10 1 | On. *PPOINTING THE BOARD
_- 2 APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
ss bi ee
HEARING DATE CASE NUMBER 4 | BRIEF OF PFRSONNEL FILE
23 OCT 02 FD2002-0286 COUNSEL'S F =LEASE TO THE BOARD
ADDITIONAL EX: BITS SUBMITTED AT TIME OF
PERSONAL APPE * RANCE
TAPE RECORD™G OF PERSONAL APPERANCE HEARING

 

 

 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW 3GARD DECISIONAL E ATIONALE

 

 

 

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance, and the right to submit an application to
the AFBCMR.

 

 

 

SIGNATURE OF RECORDER SIGNATURE OF BOA

 

   

INDORSEMENT

DATE: 23 OCT 02

  

 

TO:

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 FD02-0286

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 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 does not contest the discharge; he states that he would like to receive his G.I. Bill
benefits. The record indicates the applicant three Article 15’s for driving while intoxicated, failure to obey
a direct order to not operate a vehicle on base, twice, the second offence resulted in a Vacation of a
suspended reduction in grade. The applicant was also decertified on previously completed on-the-job
training tasks because of numerous mistakes and repeated errors. The applicant cited his desire to receive
the G.I. Bill benefits as justification for upgrade. The DRB noted that when the applicant applied for these
benefits, he signed a statement (DD Form 2366, dated 10 July 2002) that he understood he must receive an
Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact
the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety that
would warrant an upgrade. 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.

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 or change the reason for discharge, thus the applicant's discharge should not be

changed.

Attachment:
Examiner's Brief
FD2002-0286
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD.

Eee . (Former AB) (HGH AMN)
; (MISSING DOCUMENTS)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 01/07/13 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 80/09/30. Enlmt Age: 19 7/12. Disch Age: 20 9/12. Educ:HS DIPL.
AFOT: N/A. A-65, E-74, G-53, M-62. PAFSC: 4P031 - Pharmacy Apprentice.
DAS: 01/01/25.

b. Prior Sv: (1) AFRes 00/05/19 - 00/06/27 (1 month 9 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 00/06/28 for 4 yrs. Svd: 01 Yrs 00 Mo 16 Das, all AMS.

b. Grade Status: AB - 01/03/16 (Article 15, Vacation, 01/05/21)
AMN - 00/12/28

ec. Time Lost: none.

d. Art 15’s: (1) 01/05/29, Patrick AFB, FL - Article 92. You, having
knowledge of a lawful order issued by Colonel -------
@ Support Group Commander, to wit: not to operate any
type of vehicle (government or civilian) within the
jurisdiction of the 45° Space Wing for one year, dated
10 Mar 01, an order which it was your duty to obey,
did, on or about 13 May 01, fail to obey the same by
wrongfully operating a maroon ---~--- , Texas tag #----- .
Restriction to Patrick AFB, FL for 30 days, 15 days
‘extra duty, forfeiture of $521.00 pay per month for 2
months (suspended until 28 Nov 01), and a reprimand.

(No appeal) (No mitigation)

(2) 01/05/21, Vacation, Patrick AFB, FL - Article 92. You,
having knowledge of a lawful order issued by Colonel --
----, FF support Group Commander, to wit: not to
operate any type of vehicle (government or civilian)
within the jurisdicktion of the gt Space Wing for one
year, dated 12 Mar 01, an order which it was your duty
to obey, did, on or about 13 May 01, fail to obey the
same by wrongfully operating a maroon ------- , Texas
tag #------ . Reduction to AB. (No appeal) (No
mitigation)
FD2002~-0286

(3) 01/03/16, Patrick AFB, FL -- Article 111. You did, on
or about 10 Mar 01, in the parking lot adjacent to
Building 503, physically control a vehicle, to wit: a
red ------- , Texas tag #------ , While the alcohol
concentration in your breath was 1.10 grams of alcohol
per 210 liters of breath or greater as shown by
chemical analysis. Supended reduction to AB, 30 days
restriction, forfeiture of $300.00 pay, anda
reprimand. (No appeal) (No mitigation)

e. Additional: 12 JUN 01 - Desertification of previously completed on-th-
job training tasks because of numerous mistakes
and repeated erros.

£. CM: none,
g- Record of SV: none.

(Discharged from Patrick AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (01) Yrs (01) Mos (25) Das
TAMS: (01) Yrs (00) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/06/23.
(Change Discharge to Honorable)

Issue 1: My mame is ------- , and I would like to upgrade my discharge of
July 13, 2001 from a general under honorable conditions to honorable.

I have been attending college full time for the past year and I am pursuing a

degree in business management. I am presently employed at ------- 's restaurant,
and I have been promotéd to headwaiter. “I've been at ------- 's for a full year,
and the managers are sending recommendations regarding my character and service.

‘During my active military service, I paid off my GI Bill. I desperately need
those benefits for school tuition and’ books. JI am working hard, paying rent,
car insurance, health insurance, and living on my own, and it is very difficult
to make ends meet. I am seeking this avenue to cover costs. Thank you for
attention to this matter. Have a good day.

ATCH
1. Applicant's Issues.

02/08/21/ia
PD 2002 ~D 286

MEMORANDUM FOR AB @@0i@aniinQaNiinenpaenen imine

FROM: 45 MDSS/CC
SUBJECT: Notification Memorandum

1. |am recommending your discharge from the United States Air Force for
Unsatisfactory Performance and Minor Disciplinary Infractions. The authority for this
action is AFPD 36-32 and AFI 36-3208, paragraph 5.26.3 and paragraph 5.49. If you
are discharged, your sevice may be characterized as Honorable or Under Honorable
Conditions (general). | am recommending that your service be characterized as Under
Honorable Conditions (General).

2. My reasons for this action are the following:

a. On 12 Jun 01, you were decertified in previously completed on-the-job training
tasks. This decertification was due to numerous mistakes and repeated errors, which
culminated in your removal from all dispensing functions.

b. You did, on or about 10 March 2001, in the parking lot adjacent to Building
503, physically control a vehicle, to wit: a red 1994 Honda, Texas tag QM, while
the alcohol concentration in your breath was 0.10 grams of alcohol per 210 liters of
breath or greater as shown by chemical analysis. For this offense, you received
nonjudicial punishment dated 16 Mar 01.

c. You, having knowledge of a lawful order issued by Colone! S@gagiailalll

MAMA Support Group Commander, to wit: not to operate any type of vehicle
(government or civilian) within the jurisidiction of the a Space Wing for one year,
dated 12 March 2001, an order which it was your duty to obey, did, at or near Patrick Air
Force Base, Florida, on or about 13 May 2001, fail to obey the same by wrongfully
operating a red Honda, Texas tac an For this offense, your previously
suspended nonjudicial punishment was vacated, and you received nonjudicial
punishment dated 29 May 01.

3. Copies of the documents to be forwarded to the 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.
PU 2202- OZ Ke

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 Capt xaaaiaalieaiiaae
Area Defense Counsel, Patrick AFB, Bldg 423, Suite N-115, phone 4-4423, at

hrs on 2001. 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 2001,
unless you request and receive an extension for good cause shown. | will send any
submissions 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 45th
Medical Group, Physical Exam Section, Patrick AFB, at hrs on
2001 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.

acoeneaimaamaall Col, USAF
ommander

Attachments:

1. Memo for Record, dtd 12 Jun 01
2. AF Form 3070, dtd 29 May 01
3. AF Form 366, dtd 21 May 01

4. AF Form 3070, dtd 16 Mar 01