|

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

 

AMN ain

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TYPE
I PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
| xX
VOTE OF THE BOARD
MEMBERS SITTING HON T GEN UOTHC OTHER DENY
as x
iii, x
a
a x
WD x
as x
TSSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A94.05 A67.90 1 | ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
11 JUL 03 FD2003-0097 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

APPLICANT'S ISSUB|AND. THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON-‘THE ATTACHED AIR: FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

REMARKS
Case heard at Washington, D.C.

submit an application to the AFBCMR,

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

   
  

SIGNATURE OF RECORDER

INDORSEMENT

 

| TO: FROM:
SAF/MIBR

550 C STREET WEST, SUITE 40

RANDOLPH AFB, TX 78150-4742

 

DATE: 11 JUL 03

     

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
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

FD03-0097

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 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 states that his discharge was too harsh and improper because he believes he was
punished for both incidents prior to being discharged. The record indicates the applicant received two
Articles 15. One for wrongfully entering a local area hotel and wrongfully using some amount of
marijuana. The other one for driving while intoxicated. The Board confirmed that the applicant’s
command had processed the case properly and that the case file was legally sufficient to support the
discharge with a General characterization. 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
FD2003-00097
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

SE . (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’‘d a GEN Disch fr USAF 14 Jun 00 UP AFI 36-
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 1 Jan 78. Enlmt Age: 19 8/12. Disch Age: 22 5/12. Educ: HS DIPL.
AFQT: N/A. A-48, E-62, G-72, M-49. PAFSC: 3E131 - Heating, Vent, A/C, &
Refrigeration Apprentice. DAS: 19 Oct 98.

b. Prior Sv: (1) AFRes 19 Sep 97 - 24 Nov 97 (2 months 6 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AMN 25 Nov 97 for 4 yrs. Svd: 2 Yrs 6 Mo 21 Das, all AMS.

b. Grade Status: AMN - 16 Mar 00 (Article 15, 16 Mar 00)
A1lC - 16 Oct 99
AMN - 16 Dec 98
AB - 16 Jun 98 (Article 15, 16 Jun 98)

ce. Time Lost: None.

d. Art 15's: (1) 16 Mar 00, Wright-Patterson AFB, OH - Article 111.
You, did, on or about 25 Feb 00, 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 Airman, 14 days extra duty, and
a reprimand. (Appeal/Denied) (No mitigation)

(2) 16 Jun 98, Wright-Patterson AFB, OH - Article 92. You
did, on or about 18 Apr 98, violate a lawful general
instruction, to wit: para 2.1.8, SAFB 36-2902, dated 15
Oct 97, by wrongfully entering a local area hotel.
Article 112a. You did, on or about 18 Apr 98,
wrongfully use some amount of marijuana. Thirty days
correctional custody, reduction to AB, and a suspended
forfeiture of $400.00 pay per month for one month.

(No appeal) (No mitigation)

e. Additional: None.

£. CM: None.
FD2003-00097

g. Record of SV: 25 Nov 97 - 24 Jul 99 WPAFB 3 (Initial)

(Discharged from WPAFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (8) Mos (27) Das
TAMS: (2) Yrs (6) Mos (21) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 3 Mar 03.
(Change Discharge to Honorable)

Issue 1: I feel that my discharge was improper because I was punished for
both incidents, one in which the Air Force felt that it was not my fault, prior

to being discharged. I loved being a member of the United States Air Force and
I feel that it was punishment enough to no longer be in the Air Force. With
that being said, I know that I cannot change the past but I can move forward and
try to continue to be helpful (sic) member in American Society. That is the
reason for this request. I am now trying to become a police officer in my

country. They have temporarily denied my application until or if I have the
Status of my discharge upgraded to Honorable.

At this time I have no documentation or attorny (sic) to help me with this
appeal, but if needed I will try to submit some. Thank you.

ATCH
None.

9APRO3/ia
. PRges~ COOrT,

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, 88TH AIR BASE WING (AFMC)
WRIGHT-PATTERSON AIR FORCE BASE, OHIO

 

25 MAY 00

  

MEMORANDUM FOR AMN4
FROM: 88 CES/CC

SUBJECT: Notification Memorandum

1. 1am recommending your discharge from the United States Air Force for 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 is approved, your service will be
characterized as honorable or under honorable conditions (general). I am recommending that
your service be characterized as under honorable conditions (general).

2. My reasons for. this action are:

a. On 18 April 1998 you used marijuana. Also, on 18 April 1998, you wrongfully entered a
local hotel area in violation of the local Air Force base instruction. As a result of this misconduct
you received nonjudicial punishment on 16 June 1998. Your punishment was a 30 days
correctional custody, reduction to the grade of airman basic, and suspended forfeiture of $400
pay for one month.

b. On 25 February 2000 you drove a car while intoxicated. As a result of this misconduct you
received nonjudicial punishment on 16 March 2000. Your punishment was reduction to the
grade of airman and 14 days of extra duty. This Article 15 was subsequently placed into an
unfavorable information file.

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 a 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 any special pay, bonus, or education assistance funds may
be subject to recoupment.

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 Captain at the Area Defense Counsel's
office, Building 199, Kittyhawk Area, Wright-Patterson AFB, OH, (937) 257-7841, Ol -

ao Pe o at /500 . You may consult civilian counsel at your own expense.
Prien ea 77’

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 working days of your receipt of this
letter, unless you request and receive an extension for good cause shown. I will send your

statements to the separation authority. AZT SoMa Oey 2736 hrs

! gi May oD
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 the 74th Medical
Group, Aerospace Medicine, Building 830, Wright-Patterson AFB, OH, at /¥00_ on

2] Mo.s 0 — for the examination.

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 in the orderly room.

   

Commander

Attachments:

1. Article 15, 16 Jun 98

2, Article 15/UIF, 16 Mar 00

3. Preliminary Revocation of On-Base Driving Privileges, 3 Mar 00