NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

i

 

GEN PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

 
  
 
 

 

MEMBERS SITTING

_—

  

ISSUES INDEX NUMBER

A92.35, 493.01, A92.37 A67.10

 

HEARING DATE

12 JUN 03

CASE NUMBER

FD2002-0500

 

 

Case heard at Washington, D.C.

 
 

   
  
 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

i

AIC  —_— _

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEI.

RON GEN voTHC OTHER DENY

 

 

 

 

 

 

    
 
   
  

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

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.

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

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)

SIGNATURE OF REG i NATURE OF BOARD PRESIDENT

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

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

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

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

FINDINGS: Upgrade of discharge is denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for minor disciplinary infractions. He had two Articles 15 for alcohol-
related incidents in a two and a half year period. His misconduct included drunk driving, drunk and
disorderly, and assaulting a female airman. At the time of the discharge, after consulting counsel, member
submitted a brief statement acknowledging the discharge action. Applicant now states he realizes he was
wrong and has learned from his mistakes, but also points out his satisfactory duty performance and desire to
serve his country again. The Board noted that member was age 22 and 25 when his offenses occurred, the
same age as other airmen who adhere to standards. He was counseled and sent for substance abuse
awareness training and counseling in an effort to help him correct his deficiencies. In spite of those
rehabilitative efforts, he had a second serious alcohol-related incident. The Board concluded he was
mature, he knew right from wrong, and was responsible for his actions, and therefore was held accountable
for them. No inequity or impropriety was found in this discharge in the course of the records review.

While the Board commends applicant on this desire his desire to return to government service, and is
sympathetic to the impact a General discharge has on his federal employment opportunities, this is not a
matter of equity or propriety that warrants an upgrade.

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
FD2002-0500

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

unten. (Former A1C) (HGH SRA)

ane.
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 23 May 00 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Discharge.

2. BACKGROUND:

a. DOB; 10 Feb 75. Enlmt Age: 20 8/12. Disch Age: 25 3/12. Educ: HS DIPL.
AFQT: N/A. A-99, E-77, G-92, M-41. PAFSC: 1N354B - Far East Cryptographic
Linguist. DAS: 6 Sep 97.

b. Prior Sv: (1) AFRes 23 Oct 95 - 02 Jan 96 (2 months 10 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 3 Jan 96 for 6 yrs. Svd: 4 Yrs 4 Mos 21 Das, all AMS.

b. Grade Status: AIC - 13 Mar 00 (Article 15, 13 Mar 00)
SRA - (EPR Indicates): 2 Feb 98 - 1 Feb 99
Alc - 17 Feb 96

c. Time Lost: None.

d. Art 15’s: (1) 13 Mar 00, Ft Derussy, HI - Article 111. You, did, on
or about 7 Feb 00, near the Guard Gate, physically
control a vehicle, to wit: a passenger car, while the
alcohol concentration in your blood was 0.22 grams of
alcohol per 100 milliliters of blood or greater, ag
shown by chemical analysis. Reduction to Al1C, anda
reprimand. (No appeal) (No mitigation)

(2) 16 Oct 97, Hickam AFB, HI - Article 128. You, did, on
or about 18 Sep 97, assault Al1C ------ by hitting her
with an open hand on the right side of her face.

Article 134. You, were, on or about 18 Sep 97, drunk
and disorderly which conduct was of a nature to bring
discredit upon the armed forces. Suspended reduction to
AB, and forfeiture of $250 pay per month for 2 months.
(No appeal) (No mitigation)

e. Additional: None.

f. CM: None.

g. Record of SV: 3 Jan 96 - 1 Feb 98 Hickam AFB 4 (Initial)
2 Feb 98 - 1 Feb 99 Hickam AFB 4 = (Annual)
FD2002-0500

2 Feb 99 - 1 Mar 00 Hickam AFB 2 £(HAF Dir) REF
(Discharged from Hickam AFB)
h. Awards & Decs: AFOSLTR, AFLSAR, AFTR.

i. Stmt of Sv: TMS: (4) Yrs (7) Mos (1) Das
TAMS: (4) Yrs (4) Mos (21) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd il Sep 02
(Change Discharge to Honorable)

Issue 1: My discharge was inequitable because it was based on two incidents
in 53 months of service with no other adverse action.

Issue 2: I am applying for a discharge upgrade (from General Under
Honorable Conditions to Honorable). I know that my service in the Air Force can
be characterized poorly by the 2 Article 15's (sic) that I received during my
enlistment. I know in each of these situation (sic) I was wrong, a poor
representative of my Country, the Air Force, my squadron, my family and myself.
I learned how to accept responsibility for my action from these events, and
continue to grow from my mistakes to this day.

I am seeking an upgrade because although off-duty I sometimes exhibited poor
decision making, on-duty I was a super star Airman. I received high DLPT scores
in Vietnamese, was constantly selected to be in charge of my fellow linguists,
or to learn a new job task or position. I constantly demonstrated my
willingness to attack my career with vigilence and determination. I would like
to earn an honorable discharge because I would like to serve my country further
someday, and I think this General discharge could have a negative impact on me
working for my country. I might be hindered in pursuing a government job, or a
position as an office with this type of discharge. I proved time and time again
I was a valuable Airman, and would continue to prove this, if my discharge were
upgraded to allow further contributions to this great Nation of Ours. I ama
patriot, and by me being allowed an upgrade I would further serve my nation in
any way seen fit. Thank you for reading and processing my statement. I eagerly
await your decision.

ATCH
1. Applicant's Issues.
2. Two Letters of Recommendation.

20FEB03/ia
Pp 2002 -0S°0

DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

 

1 May 00

MEMORANDUM FORshi@

Ne

FROM: 324 IS/CCQ

 

SUBJECT: Notification Memorandum

1. 1am recommending your discharge from the United States Air Force for Misconduct,
specifically, Minor Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFI
36-3208, paragraph 5.49. If my recommendation is approved, your service will be characterized
as Honorable or General. I am recommending that your service be characterized as General.

2. My reasons for this action are:

a, On 18 Sep 97, you assaulted a female member by hitting her with an open hand on the right
side of her face. You were also drunk and disorderly, which conduct was of a nature to bring
discredit upon the armed forces. For these offenses, you received an Article 15, dated 16 Oct 97
and an Unfavorable Information File (UIF) was established.

b. On 7 Feb 00, you physically controlled a vehicle while impaired by alcohol. For this offense,
you received an Article 15, dated13 Mar 00, a UIF was established and your AF Good Conduct
Medal start date was adjusted to 8 Feb 00.

Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or 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 will probably be denied enlistment in any component of the
Armed Forces and any special pay, bonus or education assistance.

3. You have the right to consult counsel. Military legal counsel, qaqa Area Defense
Counsel, Building 1113, 449-2149, has been obtained to assist you. An appointment has been

scheduled for you to consult him on 2 May 00 at 0800 hours. You may consult civilian counsel at
your own expense.

4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 4 May 00 unless you request and receive an
extension for good cause shown. I will send them to the separation authority.
Pip 2002-9. S©°

5. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.

6. You have been scheduled for a medical examination. You will report to Physical Exams at the
15" Medical Group on 3 May 00 at 1300 hours for the examination.

7. Itis mandatory that you contact Separations, located in the Military Personnel Flight, at 449-
2276, ext. 149 or 141, within 24 hours of receipt of this letter to set up an initial separations
appointment. You are required to report to this appointment in uniform.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974, A
copy of AFT 36-3208 is available for your use through your Commander’s Support Staff.

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

   

REE, | COL, USAF
Commander, 324" Intelligence Squadron

Attachments:
1. Article 15, dated 16 Oct 97

2. Article 15, dated 13 Mar 00
3. UIF, dated 20 Mar 00
4. Adjustment of AF Good Conduct Medal, dated 8 Mar 00