AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

   

   
    

 

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBERS SITTING

 

 

 

 

 

 

 
  
 

ISSUES

 

INDEX NUMBER ATS SURI LEE

ORDER APPOINTING THE BOARD

    

 

 

A92.21 A67.90 1
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

2 JUN 03 FD2002-0150

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

REMARKS
Case heard at Scott AFB, Illinois.

Advise applicant of the decision of the Board and the right to submitt an application to the AFBCMR.,

SIGN. ¥ IRE OF RECORDER SIGNATURE OF BOARD PRESIDENT

‘

fj

 

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
(EF-V2) Previous edition will be used.

   

 

 

AFHQ FORM 0-2077, JAN 00
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ¢7992-0150

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Scott
AFB, IL on June 2, 2003. The following additional exhibits were submitted at the hearing:

Exhibit 5: Applicant’s contentions.

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

FINDINGS: Upgrade of discharge to Honorable is denied.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an
impropriety or inequity that would justify upgrade of the discharge.

ISSUES: The applicant was discharged with a General Discharge for several disciplinary infractions.
Member received two Article 15s for underage drinking. She also received one Letter of Reprimand for
underage drinking and a Letter of Counseling for dereliction of duty. Applicant states she continued to
drink alcoholic beverages even after she received non-judicial punishment. The DRB concluded that the
applicant was given the opportunity to correct her behavior but chose to continue possessing alcohol. She
was apprehended for possessing alcohol the day after she was issued a Letter of Reprimand. The
characteristic of the discharge received by the applicant was found to be appropriate.

The applicant claims she was not given the opportunity to adequately prepare and present her case. The
DRB has made every attempt to provide the applicant with ample opportunity to present her case and
submit any documentation to support her cause. The applicant’s case went before a non-personal
appearance on July 12, 2000 and a personal appearance on June 2, 2003. Furthermore, the applicant was
offered on June 3, 2003 an additional 30 days to submit further documentation. An additional statement
was submitted but it did not provide any new or clarifying information to support her case, At the time the

additional statement was submitted, the applicant informed her counsel she still did not feel she was able to
completely present her case.

Additionally, there appears to be an issue concerning the relationship between the applicant and her mother.
The DRB welcomes any applicant’s guest to either testify before the Board or view the Board’s
proceedings. The applicant’s mother appears to be very interested in supporting her daughter and has

participated with her daughter in the DRB process. However, the applicant refused to allow her mother to
testify on the applicant’s behalf or view the hearing.

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.

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

FD2002-0150

 
 

(REHEARING)

 

1. MATTER UNDER REVIEW: Appl rec’d a Gen Dish fr USAF 99/10/15
UP AFI 36-3208, para 5.50.2 (Misconduct - Conduct Prejudicial to
Good Order & Discipline). Appeals for HON Discharge.

2. OTHER FACTS:
a. See attached cy of Examiner’s Brief dtd 00/03/21.

b. The AFDRB reviewed case on 00/07/12 (non-appearance
w/counsel) & concluded applicant’s discharge should not be
changed.

3. BASIS ADVANCED FOR REHEARING: Appl (DD Fm 293) dtd 02/03/13.
(Change Discharge to Honorable).

ISSUE 1: I was given a General Discharge in Oct of 1999. The
reason was misconduct. I was caught in the barracks while
underage. This in fact is true. Due to my immaturity it did not
seem like a big deal. I have since learned that it was the
biggest mistake of my life. However, I feel that the punishment
was overly severe in that the people who were with me on several
of the occasions were not arrested or charged and none of them
were forced out with a general discharge although they were also
underage.

I have been employed at my current job for over 1 year and I am
in a supervisory position. I have been attending college and am
in hope of furthering my education and position with the company.
I feel that I could make a better contribution to life if I can
get this blot off of my record. I am requesting that my
discharge be upgraded to honorable.

Atch
1, Four Character References.
2. DD Forms 214(Member 4 & 1).

02/07/15/ai
hp 2002-0/S50

FD-00-00198
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

(Former AB) MISSING DOCUMENTS

  

a
ae

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 99/10/15 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for HON Disch.

2. BACKGROUND:

a. DOB: 79/05/09. Enlmt Age: 18 0/12. Disch Age: 20 5/12. Educ:HS DIPL.
AFOT: N/A. A-89, 3-45, G-33, M-41. PAFSC: 1C032 - Operations Resource
Management Apprentice.
DAS: 98/04/28.

b. Prior Sv: AFRes 97/05/13 - 97/11/24 (6 months 13 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 97/11/25 for 4 yrs. Svd: 1 Yrs 10 Mo 21 Das, all AMS.

b. Grade Status: AB - 99/09/20 (ARTICLE 15, 99/09/20)
AMN ~ 99/01/01
AB - 98/07/01 (ARTICLE 15, 98/07/01)
AMN - 98/05/25

ec. Time Lost: none.

d. Art 15’s: (1) 99/09/20, Shaw AFB, SC - Article 134. You did, o/a 23
Aug 99, unlawfully possess beer while under the age of
twenty-one years, in violation of South Carolina Code
Annotated Section 20-7-8920 as made applicable to
military members pursuant to the Federal Assimilative
Crimes Act, Title 18 US Code, Section 13. Rdn to AB, 45
days restriction, 45 days extra duty, and a reprimand.
(No appeal) (No mitigation)

(2) 98/07/01, Shaw AFB, SC - Article 134. You did, between
o/a 19 Jun 98, and o/a 20 Jun 98, unlawfully possess
alcoholic beverages while under the age of twenty-one
years, in violation of South Carolina Code Annotated
Section 20-7-370, as made applicable to military members
pursuant to the Federal Assimilative Crimes Act, Title
18 US Code, Section 13. Rdn to AB, reprimand, and 45
days extra duty. (No appeal) (No mitigation)

e, Additional: LOR, 18 JUN 98 - Alcohol Consumption by a minor.
LOC, 06 JUL 99 - Dereliction of duty.
Pp 2002-O/SO

FDO0-00198
f. CM: none.

g. Record of SV: 97/11/25 99/07/24 Shaw AFB 4 (Initial)
(Discharged from Shaw AFB)

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (2) Yrs (5) Mos (2) Das
TAMS: (1) Yrs (10) Mos (21) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 00/03/21.
(Change Discharge to Honorable)

Issue 1: This incident happen when I was off duty, I was very cooperated,
sorry for what I done, also if you would please check the incident, you will
find out, there were 2 male soldiers that was there also, and nothing happen to
them, Thank your for your assitance.

ATCH

1. DD Form 214 (Member - 1)
2. DD Form 214 (Member - 2)
3. VA Cover Letter.

00/05/19/ia
a fa» 2002-069

DEPARTMENT OF THE AIR FORCE
20™ FIGHTER WING (ACC)
SHAW AIA FORCE BASE, SOUTH CAROLINA

   

MEMORANDUM FOR 20 FW/CC 14 oct 1999
FROM: 20 FW/JA

504 Shaw Drive

Shaw AFB SC 29152-5028

SUBJECT: Legal Review of AFI 36-3208 Action =a aie

 

1. Basis for Action: The Commander, 77" Fighter Squadron has recommended that