I 

I 

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NAME OF SERVICE MEMBER (LAST, FVSI' MIDDLE INITIAL) 

TYPE 

C O ~ s E L  
YES 

NO 
X 

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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORG4NIZATION 

MEMBERS SITTING 

1 

7 

-4 

7 

! - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  
INDEX  UMBER 
A67.10 

ISSUES 
A94.06 

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HEARING DATE 
22 MAY 03 

CASE NUMBER 
FD2002-0469 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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1 

7 

AFSNISSAN 

GRADE 
A1C  0 
I  X  RECORD REVIEW 

ADDRESS AND OR ORGANIZ&TION Ok  COIJNSFI. 

GEN 

LIOTHC 

o I'HER 

DFNY 

HON 
X 

X 

X 

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EXHIBITS SUBMITTED TO THE BOARD 

APPLICATlON FOR REVIEW OF I31SCIIARC;E 

X 
1  I  ORDER APPOINTINCi 'IHE BOARD 
2 
1 3  1  LETTER OF NO'I'IFICATION 
4 
BRIEF 01:  PERSONNEL I:lLE 
COUNSEI.'S  RELEASE TO THE BOARD 
ADDITIONAL EXtllBlTS SUBMITTED AT  T I M t  OF 
PERSONAL APPEARANCE 
I I  TAPE RECORDING  OF PERSONAL APPFRANCE HEARING 

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-APPL~CAMT'S'~SS& piNp T&  BOARD'S UECISlONAL RAT&INAL PJW  DISCUSSED ONTW ATTACHED AIR  FORCE DISCHARGE RF.VIEW BOARD DECISIONAL RATIONA1.E 

REMARKS 
Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

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

E PERSONNEL COUNCII., 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVTEW BOARD DECISIONAL RATIONALE 

CASE NUMRER 

FD02-0469 

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 granted. 

ISSUE:  Applicant  does not contest his discharge.  He states that it was too harsh because he was a good 
soldier while he served and he would  like to receive his GI Bill benefits.  The record indicates the applicant 
received an Article  15 for being incapacitated for the proper performance of his duties by overindulgence in 
intoxicating  liquor.  In addition, he received two Letters of Reprimand for breaking  curfew and  missing  a 
movement,  and two  Records of Individual  Counseling  for being late for duty.  The DRB opined  that  the 
applicant was not guilty of missing  a movement and he was appropriately punished  for the ovcrindulgence 
in April 2000.  The trigger for the discharge was for breaking curfew and this was not an appropriate reason 
for the discharge. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was not consistent with the 
procedural and substantive requirements of the discharge regulation. 

In view of the foregoing findings the board further concludes that there exists an equitable basis for upgrade 
of discharge, thus the applicant's  discharge should be changed to Honorable and the Reason is Secretarial 
Authority. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS APB,  MD 

(Former AlC)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  A p p l   recld a GEN Disch fr USAF 10 Jan 02 UP AFI 36- 
3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 12 Jan 80. Enlmt Age: 18 11/12. Disch Age: 21 11/12. Educ: HS DIPL. 

A-36,  E-86,  G-76,  M-86. PAFSC: 33851 -  Explosive Ordinance 

AFQT: N/A. 
Disposal Journeyman. DAS: 17 Feb 00. 

b.  Prior Sv: (1) AFRes 8 Jan 99 -  10 Mar 99 (2 months 3 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  11 Mar 99 for 6 yrs. Svd: 2 Yrs 10 Mo 0 Das, all AMS. 

b.  Grade Status:  A1C -  27 Feb 01 

AMN  -  27 Apr 00  (Article 15, 27 Apr 00) 
A1C  -  23 Apr 99 

c.  Time Lost:  None. 

d.  Art 15,s:  (1) 27 Apr 00, Misawa AB,  Japan -  Article 134.  You, were, 
on or about 7 Apr 00, as a result of wrongful previous 
overindulgence in intoxicating liquor or drugs 
incapacitated for the proper performance of your duties. 
Reduction to A m .   (No appeal) (No mitigation) 

e.  Additional: LOR, 09 NOV 01 -  Violation of Article 92, Failure to Obey 

an Order or Written Regulation. 

LOR, 21 SEP 01 -  Missing movement. 
RIC, 27 AUG 01 -  Late for duty. 
RIC, 21 JAN 00 -  Late for duty. 

f.  CM:  None. 
g.  Record of SV: 11 Mar 99 -  10 Nov 00  Misawa AB  4  (Initial) 

11 Nov 00 -  31 May 01  Misawa AB  4  (CRO) 

(Discharged from Misawa AB) 

h.  Awards &  Decs:  SAEMR, AFTR. 

i.  Stmt of Sv:  TMS: (3) Yrs  (0) Mos  (3) Das 

TAMS:  (2) Yrs  (10) Mos  (0) Das 

4 .   BASIS ADVANCED FOR RWIEW:  Appln  (DD Fm 293) dtd 24 O C ~  02. 

(Change Discharge to Honorable) 

Issue 1:  I please request the Board to upgrade my discharge from general to 

honorable due to the following reasons:  At the time of separation I wanted to 
stay in the service.  I have attached documents to support that.  I was a good 
soldier while I served.  My attached EPS  support this.  I wish to reconsider my 
upgrade so that I may receive my GI Bill to better my life.  There are also 
errors on my DD Form 214 that need to be corrected.  It reflects that I 
separated on Jan. 20, 2001 when in fact the year should be 2002.  It also 
indicates in item 11, my specialty should reflect 2 years and 10 mos. and not 2 
years and 8 mos,  I respectfully ask the Board to make these corrections as 
well. 

ATCH 
1. DD Form 2 14 . 
2. Personal Statement. 
3. Response to Notification of Intent to Discharge. 
4. Two Enlisted Performance Reports. 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR  FORCES 

MEMORANDUM FOR 

FROM:  35  CESJCC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct - Minor 
Disciplinary Infractions, in accordance with AFPD 36-32, Military Retirements and Separations, 
and A F I  36-3208, Administrative Separation of  Airmen, paragraph 5.49. I  am recommending 
that your service be characterized as Under Honorable Conditions (general). 

2.  My reasons for this action are: 

a.  On 1 Mar 00  and  16 Mar 00, you failed to show for normal duty hours.  For this 

misconduct,  you received a Letter of Counseling (LOC). 

b.  On 7 Apr 00, you were, as a result of wrongful previous overindulgence in intoxicating 
liquor or drugs incapacitated for the proper performance of your duties.  For this misconduct, you 
received an Article 15 and an Unfavorable Information File (UF) was established. 

c.  On 24 Aug 01, you failed to show to your appointed work area at the appropriate time. 

For this misconduct, you received a second LOC. 

d.  On 2 1 Sep 01, you negligently failed to make your flight departing Montgomery, 

Alabama which could have resulted in a critical manning shortage in light of the recent terrorist 
attacks.  For this misconduct, you received a Letter of Reprimand (LOR). 

e.  On 4 Nov 01, you violated General Order No. 01-3.  For this misconduct, you received 

a second LOR. 

3,  Copies of the documents to be forwarded to the separation authority are attached.  The 
commander exercising SPCM jurisdiction, or a higher authority, will decide whether you will be 
discharged or remain 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. 

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 consult -I the Area Defense Counsel, at 
Building 5 14, on  7 pe  c 
,2001, at  8 cldd  hours.  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 within three workdays of your receipt of this 
Notification Memorandum, unless you request and receive an extension for good cause.  I will 
forward them to the separation authority. 

6 .  If you fail to consult counsel or to submit statements in your own behalf wi-thin the time 
allotted, your failure shall constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the 35th Medical 
Group, on  / 4  &c 
glasses to the examination.  If you wear contacts, you must remove them the night before the 
examination. 

, 2001, at  /qqg  hours.  If you wear glasses, you must bring your 

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, 
Building 5 14, your orderly room, or the Base Publications Library. 

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

Date  6 &c  U l  

Attachments: 
1.  Airman's Receipt of Notification Memorandum 
2,  LOC, dtd 21 Mar 00 
3.  Article  15, dtd 27 Apr 00 
4.  LOC, dtd 21 Sep 01 
5.  LOR,  dtd 21 Sep 01 
6.  LOR, dtd 9 Nov 01