AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

GRADE AFSN/SSAN

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 
  

PERSONAL APPEARANCE
'| NAME OF COUNSEL AND OR ORGANIZATION

 

MEMBERS SITTING

 

INDEX NUMBER

A93.05 A67.50

HEARING PATE

28 MAR 03

CASE NUMBER

FD2002-0357

 

Case heard at Washington, D.C.

submit an application to the AFBCMR.

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SIGNATURE OF RECORDER

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

 

AFHQ FORM 0-2077, JAN 00

 

  

  

 

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X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

HON | GEN DENY

   

 

 

 

 

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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

TAPE RECORDING OF PERSONAL APPERANCE HEARING
ARGE REVIEW BOARU DRCSIONAL RATIONALE.

 

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

SIGNATURE OF BOARD PRESIDENT

28 MAR 03

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1835 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

 

 

 

(EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0357

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 is not contesting his discharge. He states that he made some foolish mistakes when
it came to alcohol and feels that to discharge him under a pattern of misconduct for only 2 drinking
incidents was unfair. The record shows that the applicant received an Article 15 for willfully failing to
refrain from consuming alcoholic beverages until the age of 21. In addition, he also received two Letters of
Reprimand for underage drinking and driving while intoxicated, which resulted in a civilian arrest. And, he
received a Record of Individual Counseling for being one hour late for work. The board concluded the
misconduct was a significant departure from 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 and that 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, thus the applicant's discharge should not be changed.

  
   

Attachment:
Examiner's Brief
FD2002-0357
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
MISSING MEDICAL RECORDS

ney (Former AB) (HGH A1C)
1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 23 Jan 02 UP AFI 36-
3208, para 5.50.2 (Misconduct - A Pattern of Misconduct). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 8 Feb 82. Enlmt Age: 17 9/12. Disch Age: 19 11/12. Educ: HS DIPL.
AFOT: N/A. A-81, E-75, G-88, M-72. PAFSC: 2W131L - Aircraft Armament Systems
B-1B Apprentice. DAS: 30 Dec 00.

b. Prior Sv: (1) AFRes 9 Nov 99 - 4 Jul 00 (7 Mos 26 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AB 5 Jul 00 for 4 yrs. Svd: 1 Yr 6 Mos 19 Das, all AMS.

b. Grade Status: AB - 13 Dec 01 (Article 15, 13 Dec 01)
Alc - Unknown
AMN ~- Unknown

c. Time Lost: None.

d. Art 15’s: (1) 13 Dec 01, Whiteman AFB, MO - Article 92. You, who
knew of your duties , on or about 2 Dec 01, were
derelict in the performance of those duties in that you
willfully failed to refrain from consuming alcoholic
beverages until the age of 21, as it was your duty to
do. Reduction to the grade of AB, 30 days extra duty,
and 30 days restriction. (No appeal) (No mitigation)

e. Additional: RIC, 10 DEC 01 - Late for work.
LOR, 03 DEC 01 - Driving while intoxicated.
LOR, 20 AUG 01 ~- Underage drinking.

f. CM: None.

g. Record of SV: None.

(Discharged from Whiteman AFB)

h. Awards & Decs: AFTR.
FD2002-0357

i. Stmt of Sv: TMS: (2) Yrs (2) Mos (15) Das
TAMS: (1) Yr (6) Mos (19) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 8 Aug 02.
(Change Discharge to Honorable.)

Issue: I would like to request an upgrade of my discharge from general to an
honorable discharge. I feel that I served my country in an honorable fashion.
IT was a hard worker and good at my job. Unfortunatly (sic) I made some foolish
mistakes when it came to alichol (sic). I feel that to discharge me under a
pattern of misconduct for only 2 drinking incidents was unfair, and I would ask
the board to view my file and the awards I submitted, hopefully you will see
that I am deserving of an honorable discharge.

ATCH

1. Load Crew of the Quarter Certificate.
2. Outstanding Dormitory Room Certificate.
3. Outstanding Dormitory Room Certificate.

3 Dec 02/cr
FO2Z002 "O25 17

DEPARTMENT OF THE AIR FORCE
325 BOMB SQUADRON (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

MEMORANDUM FOR pci aageneIGRGRIAp ee: 7 Jano.

FROM: 325 BS/CC
SUBJECT: Notification Memorandum

1. [am recommending your discharge from the United State Air Force for a pattern of
misconduct. The authorities for this action are AFPD 36-32 and AFI 36-3208, paragraph
5.50.2. If my recommendation is approved your service may be characterized as
honorable or under honorable conditions (general). I am recommending that your service
be characterized as under honorable conditions (general).

2. My reasons for this action are:

a. On 2 Dec 01, you were drinking under the legal age. For this incident you
received an Article 15, dated 13 Dec 01. Additionally, this Article 15 was placed in your
existing UIF. (Atch la)

b. On 10 Dec 01, you failed to show up at your place of duty on time. For this
incident you received a Record of Individual Counseling, dated 10 Dec 01. (Atch Ib)

c. On 2 Dec 01, you were arrested by the Missouri Highway Patrol for driving
while intoxicated. For this incident you were given a Letter of Reprimand, dated 3 Dec
01. This LOR was placed in a UIF. (Atch Ic)

d. On 18 Aug 01, you were drinking under the legal age. For this incident you
received a Letter of Reprimand, dated 20 Aug 01. (Atch 1d)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising Special Court-Martial
convening authority 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 and any special pay, bonus, or education assistance funds may be subject to
recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to

assist you. I have made an appointment for you to const aI Bldg 509 on
9 DAN G2 at ON00 . You may also consult civilian counsel at

your own expense.
FO2002- 02 S57

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 1O DAN O72 _ unless you
request and receive an extension for good cause shown. I will forward your statements 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 rights to do so.

7. You have been scheduled for a medical examination. You must report to Physical
Exams at

on 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 in your unit’s Orderly Room.

9. Execute the attached acknowledgment and return it to me immediately.

   

Commander

Attachments:
1 Supporting documents --for the reason for discharge
a. Article 15/UIF, dated 13 Dec 01
b. LOC, dated 10 Dec 01
c. LOR/UIF, dated 3 Dec 01
d. LOR, dated 20 Aug 01

2. Documents containing derogatory information --which are not listed in the notification
memorandum. None.

3. Airman’s receipt of notification memorandum, dated —7 DANO 2-
| Fb2002~ 02517

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 509TH BOMB WING (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

 

17 Jan 01

MEMORANDUM FOR 509 BW/CC
FROM: 509 BW/JA

SUBJECT: Final Legal Review, AFI 36-3208, Administrative Discharge

nn.

1. BASIS OF ACTION: The respondent’s squadron commander initiated this discharge action
under AFPD 36-32 and AFI 36-3208, paragraph 5.50.2, for a pattern of misconduct. He
recommends an under honorable conditions (general) discharge without probation and
rehabilitation.

2, EVIDENCE FOR THE GOVERNMENT: The record contains sufficient evidence to
substantiate discharge under paragraph 5.50.2. Specific instances of the respondent’s
misconduct include:

a. On 2 Dec 01, he was caught drinking alcohol while under the legal age of 21.
b. On 10 Dec 01, he failed to arrive on time to his appointed place of duty.

c. On 2 Dec 01, he was arrested by the Missouri Highway Patrol for driving while
intoxicated.

d. On 18 Aug 01, he was caught drinking while under the legal age of 21.

3. EVIDENCE FOR THE RESPONDENT: 990 is 19 years old. He has consulted
counsel and elected to submit statements on his behalf.