NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

JTYPE GEN 

( X  

1 

PERSONAL APPEARANCE 

( 

1  RECORDREVIEW 

I 

1 

MEMBER SITTING 

1 
2 
3 
4 

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 

TAPE RECORDING OF PERSONAL APPERANCE 

HEARING DATE 

07 Dec 2003 

CASE NUMBER 

FD-2002-0405 

Case heard at Randolph AFB, Texas. 

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

TO: 

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

AFHQ FORM 0-2077, JAN 00 

I  PROM: 

I 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCII. 
AIR FORCE DISCHARGE REVEW BOARD 
1535 COMMAND DR, EE WING, 3RD FIOOR 
ANLIREWS AFB, MD 20762-1002 

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-  - 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2002-040,j 

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 t h s  right. 

" The attached brief contiins the 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  nor  that  provided  by  the  applicant substantiates an 
impropriety that would justify upgrade of the discharge. 

ISSUE:  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 that would justify 
a change of discharge.  The records indicated the applicant received three Articles 15, nine Letters of 
Reprimand, and six Letters of Counseling.  The misconduct included driving under the influence, sleeping 
on post, late for duty, failure to go, financial irresponsibility, failure to obey, unauthorized charges on 
government travel card, late for an appointment, and malingering.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  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, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE  AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AB)  (HGH A1C) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 5 Apr 01 UP AFI 36-3208, 
para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2 .   BACKGROUND: 

a. DOB: 21 Nov 80.  Enlmt Age: 17 6/12.  Disch Age: 20 4/12. Educ: HS DIPL. 
AFQT: N/A.  A-63,  E-48,  G-44,  M-41. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 9 Jan 99. 

b.  Prior Sv: (1) AFRes 22 May 98 -  25 Aug 98 (3 months 4 days) (Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as A m  26 Aug 98 for 6 yrs. Svd: 2 Yrs 7 Mo 11 Das, all AMS. 
b.  Grade Status:  AE3  -  2 Mar 01 (Article 15, 2 Mar 01) 

A m  -  12 Feb 01 (Article 15, 12 Feb 01) 
A1C -  10 Oct 98 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Mar 01, Barksdale AFB, LA -  Article 111.  You did, on 

or about 3 Feb 01, near the - - - - - -   Club, physically 
control a vehicle, to wit: a passenger car, 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.  Reduction to Al3.  Suspended 
forfeiture of $500.00 pay.  (No appeal) (No mitigation) 

(2) 12 Feb 01, Barksdale AFB, LA -  Article 86.  You did, on 
or about 1 Feb 01, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Reduction to A m .  (No appeal) (No mitigation) 

(3) 22 Apr 99, Barksdale AFB, LA -  Article 113.  You, on or 

about 26 Mar 99, being posted as Venom 7, were found 
sleeping upon your post.  Suspended reduction to A m l  
and 14 days extra duty. (No appeal) (No mitigation) 

e.  Additional: LOR, 09 JAN 01 -  Late for duty. 
LOR, 31 DEC 00 -  Failure to go. 
LOCI 30 DEC 00 -  Late for duty. 
LOCI 23 NOV 00 -  Failure to go. 
LOR, 03 NOV 00 -  Financial irresponsibility. 

LOR, 
LOR, 

03 OCT 00 -  Failure to go. 
24 SEP 00 -  Failure to obey a lawful general order or 

LOR, 

LOR, 
LOR, 
LOR, 
LOC , 
LOC , 
LOC , 
LOC , 

regulation. 

card. 

31 MAY 00 -  Unauthorized charges on government credit 
14 FEB 00 -  Late for duty. 
04 FEB 00 -  Late for duty. 
31 MAR 99 -  Failure to go. 
25 MAR 99 -  Failure to go. 
25 MAR 99 -  Late for appointment. 
01 MAR 99 -  Malingering on duty. 
01 MAR 99 -  Failure to go. 

. - 

f .  CM:  None. 

g.  Record of SV: 26 Aug 98 -  25 Apr 00  Barksdale AFB  3  (Initial) 

(Discharged from Barksdale AFB) 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS: (2) Yrs  (10) Mos  (15) Das 

TAMS: (2) Yrs (7) Mos  (10) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 20 Sep 02. 

(Change Discharge to Honorable) 

Issue 1:  Documents will be presented at hearing.  I plan to have documents 
pertaining to my conduct and mode of living since discharge to show that I am a 
productive, law abiding, contributing member of society. 

ATCH 
1. DD Form 214. 

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DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 2D BOMB WING (ACC) 
BARKSDALE AIR FORCE BASE, LOUISIANA 

MEMORANDUM FOR 2 BW/CC 

FROM:  2 BWIJA (A1 C I I ) S I )  

SUBJECT: 

. .. 

EN ANT COLONE  ' * 
e i n v o l u n t a r

i

ischarge 
2 SFS 

ecommends that 

l ~ d i s c h ~ ~  

Infractions purs 

7 

para 5.49.  He recommends an under honorable conditions (reneral) discharge without Probation 
and Rehabilitation.  B a d  011 ~ ~ v i m i
entitled to a discharge board.  Therefore, his case is being processed pursuant to the notification 
procedures.  We have reviewed the complete file and recomnlend that AB 

t e h  
tenurde/&k, he is not 

t Y Y i m i

.L, 

m

e

separated with an under honorable conditions (general) discharge and that no 

 

Probation and Rehabilitation be offered. 

2.  Airmen serve in the Regular Air Fdrce for terms specified by Congress, but Congress permits 
early separation under certain specified conditions.  Congress has delegated the authority to 
specify those conditions to the Secretary of the Air Force.  The Secretary has implemented that 
delegation in AFI 36-3208, the AFI governing this case. 

3.  We have examined the corn~lete record and find no ~rocedural deficiencies.  AIRMAN 
BASIC-as 
right to consult cou~lsel, and his other procedural rights. 

been informed of k s  commander's  recommendation, his 

4.  LIEUTENAN?  COLO 
as the basis for discharge. 
disregarded Air Force rules and instructions. 
in Minor Disciplinary lnfiactions when he did the following: drove a vehicle while under the 
influence, failed to go to his appointed place of duty on twelve (1 2) different occasions, failed to 
pay his government travel card on time, made unauthorized charges on his government credit 
card, was found sleeping on duty, and malingering on duty. 

Disciplinary Infractions 

gaged 

5.  AIRMAN BASIC 

as not submitted matters for your consideration. 

6 .  If you decide to discharge 
service characterization.  LIE 
under honorable conditions ( 
under honorable conditions (general) is appropriate when significant negative aspects of the 
airman's conduct or performance of duty outweigh the positive aspects of the airman's military 
record.  In this case, an under honorable conditions (general) is warranted by A-

recommends an 

 

U S R F   M P F   R S G M T S  

. .. 

-cord 
attachments demonstrate why this characterization is appropriate. 

and will accurately characterize his service.  The Letter of Notification and its 

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7.  Finally, you must also consider whether to suspend discharge for a period of Probation md 
Rehabilitation.  Air Force Instruction 36-3208, Chapter 7, provides that Probation and 
Rehabilitation should be offered to airmen when it is reasonably possible to do so.  For example, 
Probation and Rehabilitation might be offered to those airmen: (1)  who have demonstrated a 
potential to serve satisfactorily; (2) who have the capacity to be rehabilitated for continued 
military service or for completion of the current enlistment; and (3) whose retention on active 
duty in a probationary status is consistent with the maintenance of good order and discipline. 
Based on the unit's  failed attempts to rehabilitate AB 
he does not have the desire to be rehabilitated.  There 
Probation and Rehabilitation and the preponderance of the evidence supports his 
recommendation. 

it is evident that 
rnmends against 

8.  As the ~e~aratf0.n Authority, you have the following options: 

a Retain ABI~.Y(*IIY~~ 

find that discharge is not warranted by the 

evidence or under the circumstances; 

o 

b.  Separate ~ B a ( l l ( l l l l ( l 0 N l t h  m under honorable conditions (general) 

discharge, with or without Probation & ~ehabaitation; 

c. Recommend to the Commander of the 8th Air Force that AB- 

be separated with an honorable discharge, with or without Probation & Rehabilitation;  or 

d. Direct that A 

e given the opportunity to present his case 
before an administrative discharge board, if you find  that discharge under other than honorable 
conditions (UOTHC) is warranted, 

.act'  25  02  02: 56p 

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USflF  MPF  flSGMTS 

9.  RECOMMENDATION:  Separate AB 
Force with an under honorable conditiods 
Rehabilitation. 

om the United States Air 

I concur. 

Assistant staff Judge Advocate 

D&U+  stiff ~ u d ~ e  

Advocate 

ATTORNEY WORK PRODUCT 

This is a privileged document.  It will not be released in whole 

or part without the approval of the Staff Judge Advocate. 

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DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 20 BOMB WING (ACC) 

BARKSOALE AIR FORCE SASE, LOUISIANA 

MEMORANDUM FOR AB 

FROM:  2 SFSICC 

SUBJECT:  Notification Letter - Administrative Discharge 

1. I am recommending that you be discharged from the united States Air Force forMinor 
Disciplinary Infractions,: The authority for this action is AFI 36-3208, para 5.49.  If my 
recomn~endation is approved, your service may be characterized as under honorable conditions 
(general). 

2.  My reasons for this action are as follows: 

a.  On or about 3 Feb 01, you drove while under the influence, as evidenced by an Article 

1 5, dated 9 Mar 0 1 (TAB A); 

6.  On or about 1 Feb 01, you failed to go to your appointed place of duty, as evidenced 

by an Article 15, dated  I4 Fob 01 (TAB B); 

c.  On or about 9 Jan 01, you failed to report to duty on time, as evidenced by  a Letter of 

Reprimand (LOR), dated 9 Jan 01 (TAB C); 

d.  On or about 22 Nov 00, you failed to show up to M-16 tiring practice, as evidenced by 

an LOR, dated 3 1 Dec 00 (TAB D); 

e.  On or about 30 Dec 00, you failed to show up for guardmount on time, as evidenced 

by  a Letter of Counseling (LOC), dated 30 Dec 00 (TAB E); 

f.  On  or about 13 Nov 00, you failed to show up to M-16 firing appointment, as 

evidenced by  an LOC, dated 23 Nov 00 (TAB F); 

g.  On or about 3 Nov 00, you failed to pay off your government travel card on time, as 

evidenced by  an LOR, dated 3 Nov 00 (TAB G); 

h.  On or about 3 Oct 00, you failed to show up for a mandatory appointment, as 

evidenced by an LOR, dated 3 Oct 00 (TAB H); 

i.  On or about 22 Sep 00, you failed to be on standby, as evidenced by an LOR, dated 

24 Sep 00 (TAB I); 

:  7Oct.25  02  02:57p 

U S R F   M P F   R S G M T S  

F 

j.  Between on or about  1 1 Mar OOiahd 28 Apr 00, you made several unauthorized charges 

on your Government travel card, as evidenced by  an LOR, dated 3 1 May 00 (TAB J); 

k.  011 or about  12 Feb 00, you were late to duty, as evidenced by an LOR, dated 

14 Feb 00 (TAB K); 

I.  On or about 04 Feb 00, you failed to show up to duty on time, as evidenced by. an LOR, 

dated 04 Feb 01 (TAB L); 

rn.  On or about 12 Mar 99, you failed to go to a mandatory dental appointment, as 

evidenced by an LOR, dated 3 1 Mar 99 (TAB M); 

n.  On or about 22 Mar 99, you failed to show up for guardmount on time, as evidenced 

by an LOC, dated 25 Mar 99 (TAB N); 

o.  On or about 24 Mar 99, you failed to show up to M-16  firing appointment on time, as 

evidenced by an LOC, +ted  25 Mar 99 (TAB 0); 

p.  On or about 1 Mar 99, you were found malingering on the job, as evidenced by an 

LOC, dated  I  Mar 99 (TAB P); 

q.  On or about 28 Feb 99, you failed to attend a mandatory training session, as evidenced 

by an LOC, dated 1 Mar 99 (TAB Q) and; 

r.  On or about 26 Mar 99, you were found sleeping on duty, as evidenced by  an Article 

15, dated 27 Apr 99 (TAB R). 

3.  Copies of the documentts) referenced above have been attached and will be forwarded to the 
separation authority in support of this recommendation.  The cormnander exercising SPCM 
jurisdiction or a higher authority will decide whether you will be discharged or retained in the Air 
Force, and if you art: discharged, how your service will be characterized.  If you are discharged, 
you will be  ineligible for reenlistment in the Air Force. 

4.  Military Iegal counsel, Cap 
ea Defense Counsel (ADC) for Barksdale AFB, 
Extension 6-8355, Building 4714 (gym annex building), third floor, has been obtained to assist 
you.  An appointment has been scheduled for you to consult with the ADC on  '12 ~ u r .   at 

'n$;o 

hrs.  You may consult civilian counsel at your own expense. 

5.  You have been scheduled for a medical examination.  You must report to Flight,Medicine 
with your medical records for the appoin 

Your appointment is on  7,8,wa)  at 

e. 04q &~sur  CJ 3 

6.  You have the right to submit statements on your behalf.  Any statements you want the  , 
separation authority to consider must reach me within three (3) duty days, unless you request and 
receive an extension for good cause.  I will send any statements that you provide to the separation 
authority. 

7. You have been scheduled for a Pre-separation Counseling briefing.  You must report to the 

Family Support Center, Bldg 4713, at 43'  on  7$ f l k ~ ,  for the briefing. 

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8.  Ifyou fail to consult counsel or fail to submit statements on your behalf, you will waive the 
right to do so. 

9.  Any personal information that you fiunish in rebuttal is covered by the Privacy Act of 1974. 
A copy of AFT  35-3208, the AFI governing this case, is available for your use in your unit 
Orderly Room. 

10.  Execute the attached acknowledgem 

a  Article IS, dated 9 Mar 0 1 
b.  Article 15, dated 14 Feb 01 
c.  LOR, dated 9 Jan 0 1 
d.  LOR, dated 3 1 Dec 00 
e.  LOC, dated 30 Dec 00 
f.  LOC, dated 23 Nov 00 
g.  LOR, dated 3 Nov 00 
h.  LOR, dated 3 Oct 00 
i.  LOR, dated 24 Sep 00 
j.  LOR, dated 3 1 May 00 
k.  LOR, dated  14 Feb 00 
1.  LOR,&ted4Feb00. 
rn. LOR, dated 3 1 Mar 99 
n.  LOR, dated 25 Mar 99 
o.  LOC, dated 25 Mar 99 
p.  LOC, dated 1 Mar 99 
q.  LOC, dated 1 mar 99 
r.  Article 15, dated 27 Apr 99