NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 
  

PERSONAL APPEARANCE

hls) NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

MEMBERS SITTING

     

ISSUES INDEX NUMBER

A94.05 A67.50

HEARING DATE CASE NUMBER

7 JAN 03 FD2002-0313
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Case heard at Washington, D.C.

 

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SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

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ADDRESS AND OR ORGANIZATION OF COUNSEL,

 

 

   

 

 

 

 

 

__. EXHIBITS: SUBMITTED ‘TO THE BOARD
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

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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 BOARD PRESIDENT

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
ARGE REVIEW BOARD DECISIONAL RATIONALE.

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DATE: 7 JAN 03

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 FD02-0313

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.

ISSUE: Applicant does not contest his discharge. He states that his misconduct occurred off duty and
away from the base. The record indicates that the applicant was arrested by local police for driving under
the influence of alcohol twice. He received a Letter of Reprimand after the first arrest and sent to the
ADAPT Program. He finished the program and then was arrested again for the same thing and received
another Letter of Reprimand. Since the applicant was unwilling to respond to past rehabilitative efforts and
there was no evidence to suggest that further attempts to correct his behavior would have been effective in
this case, he was discharged. The Board concluded the misconduct of the applicant appropriately
characterized his term of service.

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
FD2002-0313
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

aia: (Former SRA) (HGH SRA)
TE MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/10/05 UP AFI 36-3208,
para 5.50.1 (Pattern of Misconduct - Discreditable Involvement with Civil
Authorities. Appeals for Honorable Disch.

2. BACKGROUND:
a. DOB: 76/03/10. Enlmt Age: 22 8/12. Disch Age: 25 6/12. Educ: HS DIPL.
AFOT: N/A. A-85, E-44, G-62, M-20. PAFSC: 3P051 - Security Journeyman.
DAS: 99/07/19.
b. Prior Sv: (1) AFRes 98/11/25 - 99/02/24 (3 months) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AlC 99/02/25 for 4 yrs. Svd: 02 Yrs 07 Mos 11 Das, of which
AMS is 02 Yrs 07 months 09 days (excluding 2 days lost time).

b. Grade Status: SRA - 01/06/27

ec. Time Lost: (1) 01 May 00 thru 02 May 00 - 1 day.
(2) 08 May 00 thru 09 May 00 - 1 day.

d. Art 15's: (1) None.
e. Additional: DUI, 24 MAR 00.

f. CM: none.

g. Record of SV: 99/02/25 - 00/07/15 Luke AFB 4 (HAF Dir)
(Discharged from Luke AFB)

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (02) Yrs (10) Mos (09) Das
TAMS: (02) Yrs (07) Mos (09) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/07/15.
(Change Discharge to Honorable)

Issue 1: I strongly believe that my discharge should be upgraded. I did
get in trouble twice in my career. It was off duty and away from the base. I
felt I did my job to the best of my ability and I took a lot of respect and
pride in what I did. I blame only myself for getting discharged but I feel as
FD2002-0313

though I earned an honorable discharge. I wish to receive my school benefits
yet I no (sic) that unless my discharge is upgraded I won't receive them. I
think I would have been an assett (sic) to the Air Force if they would have
allowed me to stay in, but now the only way I can keep my head up and move on
with my life is to retain the Montgomery G.I. Bill for school. I would very
much like to earn a degree and join a different branch of the military and

become an officer in the future. I wanted to thank you for the opportunity to
submit the application and please consider my appeal for a change in discharge.

ATCH
1. Applicant Note to the Discharge Review Board.

02/11/05/ia
- “YVEPARTMENT OF THE AIR FOKe * F DP ZGOR-OSB / 35
oi 56th Fighter Wing (AETC) wae
Luke Air Force Base Arizona

 

MEMORANDUM FOR 56 FW/CC

FROM: 56 FW/JA

SUBJECT: in Review of Administrative Discharge — ate,

1. ACTION: This case is before you for review and action in your capacity as the separation
authority. The 56 SFS/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 5.50.1 for a Pattern of Misconduct, specifically for Discreditable Involvement with

Civil Authorities. I concur,

2. BACKGROUND: The Respondent is 25 years old and has been on active duty in the United
States Air Force for approximately 2 years and 7 months. He is currently serving a 4 year
enlistment. His AQE scores are: Admin - 85; Elect - 44; Gen - 62; and Mech -20. The
Respondent’s awards and decorations include the Outstanding Unit Award and the Air Force
Training Ribbon.

3. FACTS: The following actions from the Respondent’s current enlistment establish a pattern
of misconduct under paragraph 5.50.1:

a. On 24 Mar 01, the Respondent was arrested by the Tempe, Arizona, Police Department
for driving under the influence of alcohol. His Breathalyzer test indicated a blood alcohol
content of .187, which is above the legal limit for operating a vehicle. He received an LOR and
an Unfavorable Information File (UIF).

b. On 4 Aug O1, the Respondent was arrested by the Glendale Police Department for driving
while intoxicated. He received an LOR as evidenced by a Glendale Police Department Report,
dated 4 Aug 01. His punishment included a Letter of Reprimand and a UIF entry.

4. RESPONDENT’S MATTERS: The Respondent has met with military defense counsel and
submitted a written statement for your consideration. The Respondent apologizes for his actions
and accepts full responsibility for his behavior. He asks that you retain him in the Air Force and
is willing to do whatever necessary to remain on active duty. He asks that if he is discharged that
his term of service be characterized as honorable to allow him to retain his Montgomery G.I. Bill

benefits.

~Attorney 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 not to be
provided to anyone outside the Air Force without approval of the originator or higher authority. It is exempt from disclosure under the
Freedom of Information Act under 5 U.S.C. §552(b)(5) and protected from release under FRCP 26(b)(3).
5. CHARACTERIZATION OF DISCHARGE: The Respondent’s commander recommends a

general service characterization for inane: term 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 positive aspects of his record. The evidence in this case clearly supports the commander’s
recommendation. The Respondent has had two senous off base driving while intoxicated

incidents and received an LOR and a UIF entry in both instances. The negative aspects outweigh
the positive aspects 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 discipline. ‘deme bas been unwilling or unable to respond to past rehabilitative
efforts and there is no evidence to suggest that further attempts to correct his behavior would be

effective in his case.

7. LEGAL SUFFICIENCY: There is a sufficient factual basis to support this discharge.

Further, this file has been prepared in substantial compliance with the provisions of AFI 36-3208.
Finally, the Respondent has been notified of this discharge, has met with the Area Defense
Counsel and elected to make a written presentation for your consideration. For these reasons, we

find this case file legally sufficient.
8. OPTIONS: As the separation authority you have the following options:
a. Retain the Respondent; or

- b. Separate the Respondent with a general discharge, with or without probation and
rehabilitation; or

c. Forward the case.to 19 AF/CC recommending the Respondent receive an honorable
discharge, with or without probation and rehabilitation; or

d. If you feel an under other than honorable conditions discharge is appropriate, return the
package to the squadron for processing in accordance with administrative discharge procedures.

9. RECOMMENDATION: Based on the foregoing, I recommend you separate the Respondent
from the United States Air Force with a general discharge without probation and rehabilitation.

  

we USAF

 

Staff J udge Advocate