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Decision Text

AF | DRB | CY2003 | FD2003-00045
Original file (FD2003-00045.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
| ncaa: ac ange
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL | a NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

YES

| xO |

VOTEOF THERGARD

    

 

‘UOTEC OTHER | DENY

MEMBERS SITTING HON “ GEN

  

 

 

 

re} PSL P| OS

 

 

 

 

 

  
 
   

  
  
 

ISSUES INDEX NUMBER iy EXHIBITS SUBMITTED TO ERE BO.
A94,05 A67.10 ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

  

 

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

7 AUG 03 FD2003-0045 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

HEARING DATE CASE NUMBER

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
(CUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW HOARD DECISIONAL RATIONALE 77777"

     

REMARKS
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 RECORDER

 

SAF/MIBR, SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3*° FLOOR

ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 51593-9045

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. 2

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.

ISSUE: Applicant does not contest his discharge. He states that he wants to better his education. The
record indicates the applicant received an Article 15 for being incapacitated for the proper performance of
his duties due to overindulgence in liquor. He also received a Letter of Reprimand for underage drinking
and dereliction of duty. The applicant cited his desire to receive the G.I. Bill benefits as justification for
upgrade. The Board was sympathetic to the impact the loss of these benefits was having on the applicant,
but this is not a matter of inequity or impropriety that would warrant an upgrade. 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. The Board found
no evidence of any inequity or impropriety on which to base a decision to upgrade the discharge.

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
FD2003-00045

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

(Former A1C) (HGH A1C)
MISSING DOCUMENTS

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 31 Aug 99 UP AFI 36-
3208 (Misconduct). Appeals for Honorable Discharge.

2. BACKGROUND: _

a. DOB: 12 Dec 77. Enlmt Age: 18 2/12. Disch Age: 21 8/12. Educ: HS DIPL.
AFOQT: N/A. A-54, E-52, G-46, M-61. PAFSC: 2E632 - Communications Cable
Systems Apprentice. DAS: 30 Mar 97.

b. Prior Sv: (1) AFRes 28 Feb 96 - 13 Aug 96 (5 months 17 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 14 Aug 96 for 4 yrs. Svd: 3 Yrs 0 Mo 18 Das, alli AMS.

b. Grade Status: A1C - 14 Dec 97
AMN - 14 Feb 97

‘

c. Time Lost: None.

d.- Art 15’s: (1) 25 Mar 99, Scott AFB, IL - Article 134. You did, on or
, about 11 Mar 99, as a result of wrongful previous
overindulgence in intoxicating liquor or drugs, were
incapacitated for the proper performance of your duties.
Suspended reduction to AB, and 30 days correctional
custody. (No appeal) (No mitigation)

e. Additional: (Examiner’s Note: The discharge package is missing from
this case; however, the following Letter of Reprimand was found in the
Military Personnel Record)

LOR, 24 MAR 98 - Underage drinking and dereliction of
duty.

£. CM: None.

g. Record of SV: 14 Aug 96 ~ 13 Apr 98 Scott AFB 3 (Initial) REF
(Discharged from Scott AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (3) Yrs (6) Mos (4) Das
TAMS: (3) Yrs (0) Mos (18) Das
FD2003-00045

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 27 Jan 03.
(Change Discharge to Honorable)

Issue 1: I believe an upgrade in discharge should be considered because of
the want to better my education’. I recieved (sic) excellent schooling in the
Air Force and my tech school grades show my ability to learn. I received an
excellent trade, but due to economy cut backs I would like to further my
education to meet, economy needs. I may have encountered some disiplinary (sic)
actions while active, but most superiors agreed it was poor supervisors. I took
my punishment to heart & did everything asked of me, I don't believe taking the
ability to further my education should be one of those disiplinary (sic)

actions.

ATCH
None.

3JUN03/ia

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