AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
AFSN/SSAN

 

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Change Reason for Uperade Discharge
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Deny

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INDEX NUMBER

A67,90

HEARING DATE CASE NUMBER ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

12 Aug 2003 FD-2003-00026 PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

Case heard at Washington, D.C.

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 BB a PRESIDENT

SAF/MRBR : SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MB 20762-7002

   

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL
RATIONALE FD-2003-00026

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and
authority for the discharge, and to change the reenlistment code.

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, change of reason and authority for discharge, and change of
reenlistment code is denied.

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

ISSUE: Applicant does not contest his discharge; he merely states that he wants an upgrade to
Honorable so that he may enlist into the US Marine Corps. The records indicated the applicant received
two Article 15s, for being found drunk while on duty and for willfully failing to refrain from consuming
alcohol while under the age of twenty-one. Additionally, civilian authorities apprehended him for
driving while intoxicated, having no vehicle license, and no proof of insurance. 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 of discharge, thus the applicant's discharge should not be changed.

Attachment:

| Examiner's Brief
FD2003-00026
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
MISSING MEDICAL RECORDS

 
 

(Former AMN) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 30 Sep 02 UP AFI 36-
3208, para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and

Discipline). Appeals for Honorable Discharge, to Change the RE Code, Reason and
Authority.

2. BACKGROUND:

a. DOB: 13 May 82. Enlmt Age: 18 3/12. Disch Age: 20 4/12. Educ: HS DIPL.
AFQT: N/A. A-65, E-47, G-53, M-41. PAFSC: 2T131 - Vehicle Operations
Apprentice. DAS: 27 Mar 01.

b. Prior Sv: (1) AFRes 17 Aug 00 ~ 27 Nov 00 (3 months 11 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 28 Nov 00 for 4 yrs. Svd: 1 Yrs 10 Mo 3 Das, all AMS.

b. Grade Status: AMN - 30 Aug 02 (Article 15, 30 Aug 02)
Alc ~ 02 May 02
AMN - 28 May 01

c. Time Lost: None.

d. Art 15’s: (1) 30 Aug 02, Little Rock AFB, AR - Article 92. You, who
knew of your duties at or near Sweet Home, Arkansas, on
or about 9 Aug 02, were derelict in the performance of
those duties in that you willfully failed to refrain
from consuming alcohol while under the age of twenty-
one, as it was your duty to do. . Reduction to Amn, and
30 days restriction. (No appeal) (No mitigation)

(2) 2 Nov 01, Little Rock, AR - Article 112. You, were, on
or about 14 Oct 01, found drunk while on duty as
dormitory guard for dorm 768. Suspended reduction to
AB, suspended forfeiture of $200.00 pay per month for 2
months, 30 days correctional custody, and a reprimand.
(No appeal) (No mitigation)

e. Additional: Traffic Ticket, 9 AUG 02 - Driving while intoxicated, no

vehicle license, and no proof of
insurance.

£. CM: None.
FD2003-00026

g. Record of SV: 28 Nov 00 - 27 Jul 02 Little Rock AFB 4 (Initial)
(Discharged from Little Rock AFB)
h. Awards & Decs: AFTR, NDSM, AFOUA.

i. Stmt of Sv: TMS: (2) Yrs (1) Mos (14) Das
” TAMS: (1) Yrs (10) Mos (3) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 14 Jan 03.
(Change Discharge to Honorable, Change the RE Code, Reason and Authority.)

Issue 1: I seek an upgrade in discharge from "General (under honorable
conditions)" to "Honorable." Please consider the above request and issue a
corresponding DD 214 so that I might enlist into the U-S (sic) Marine Corps.

ATCH

1. Certificate of Training.

2. Enlisted Performance Report.

3. Career Field Education and Training Plan.

18MAR03/ia
co +> PD2CO2- CCOZLG

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 314TH AIRLIFT WING (AETG)
LITTLE ROCK AIR FORCE BASE, ARKANSAS

 

09 SEP 2002

FROM: 314 DRS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for a Pattern of
Misconduct, Conduct Prejudicial to Good Order and Discipline. The authority for this action is
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. If my recommendation for discharge is
approved, your service will be characterized as general. I am recommending that your service be

characterized as general.

2. My reasons for this action are:

a. On 9 August 2002, you drank alcoholic beverages while under the age of 21. For your
actions, you received oe punishment under Article 15 on 30 August 2002 (Atch 1-1).

f
b. On 14 October 2007, Arce drunk while on duty. For your actions, you received
nonjudicial punishment under Article 15 on 2 November 2001 (Atch 1-2).

3. 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.

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

_Thave made an appointment for you to consult Cap RR As2 Defense Counsel, Bldg
1255, Rm 201, Telephone 7-3260 on 9 September 2002 at 1400 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 (3) workdays unless you request and
receive an extension for good cause shown. I will forward any statements you submit to the

separation authority.
(FO 2e03- evox,

6. 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.

7. You have been scheduled for a medical examination. You must report to Little Rock AFB

Clinic at 1000 hours on 9 September 2002 for the examination.

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 in the Orderly Room.

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

Attachments:

1-1

Art. 15, 26 Aug 02

Member’s Response, 28 Aug 02
Citation, 9 Sep 02

Driver License Receipt, 9 Sep 02
Art 15, 29 Oct 01

Member’s Response, not dated
Dorm Guard Duties, 22 Oct 01
Dorm Schedule, not dated

MER (A1C 16 Oct 01
MFR (AIC 19 Oct 01