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AF | DRB | CY2003 | FD2003-00115
Original file (FD2003-00115.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

I 

TYPE 

ISSUES 
A92.21 

l-mm 

MEMBERS SITTING 

CASE NUMBER 
FD-2003-00115 

I 

2  APPLICATION FOR REVIEW OF DISCHARGE 
3 
LETTER OF NOTIFICATION 
4  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 
I I  TAPE RECORDING OF PERSONAL APPERANCE HEARING 

i 

Advise applicant of the decision of the Board and the right to submitt an application to the AFBCMR. 

SAFJMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-2003-00 1 1 5 

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 the general discharge is denied. 

Issue  1.  The applicant was discharged with a General Discharge for a pattern of Minor Disciplinary Infractions. 
Member received an Article  15 for possessing and drinking alcohol underage.  He also received  five Letters of 
Reprimand for  violation of  a  squadron policy,  financial irresponsibility, failing  an  open ranks  inspection, and 
failure to show up for G o  mandatory formations. 

The DRB was pleased to see that the applicant was doing well and is active in the community and strives to be a 
good citizen.  However, no inequity or impropriety in General discharge was suggested or found in the course of 
the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service. 

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 

DEPARTMENT  OF  THE  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AlC)  (HGH AlC) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 19 Oct 01 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 
- 
2 .  BACKGROUND : 

a. DOB: 24 Jul 81.  Enlmt Age: 19 0/12.  Disch Age: 20 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-83,  E-78,  G-72, M-77. PAFSC: 2SOll -  Supply Management Helper. 
DAS: 16 Jul 01. 

b.  prior Sv: (1) AFRes 7 Aug 00 -  29 Jan 01 (5 Months 23 ~ a y s )  (Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enld as AB  30 Jan 01 for 6 yrs. Svd: 0 Yrs 8 Mos 20 Das, all AMS. 

b.  Grade Status:  A1C -  16 Mar 01 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 24 Sep 01, Lackland AFB, TX -  Article 92.  You, who 

knew of your duties, on or about 17 Aug 01, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from drinking alcohol while 
under the legal drinking age of 21, as it was your duty 
to do.  You, having knowledge of a lawful order issued 
by AETC 36-2216, to wit:  paragraph 7.2, an order which 
it was your duty to obey, did, fail to obey the same by 
wrongfuly possessing alcohol.  Suspended reduction to 
AMN, forfeiture of $272.00, 14 days extra duty, and a 
reprimand. (No appeal) (No mitigat ion) 

e.  Additional: LOR, 01 SEP 01 - Failure to show for a mandatory formation. 
LOR, 18 AUG 01 - Failure to show for a mandatory formation. 
LOR, 04 AUG 01 -  Failed open ranks inspection and room 

LOR, 03 AUG 01 -  Financial irresponsibility and failure to 

LOR, 01 AUG 01 - Violation of squadron policy on tobacco 

inspection. 

obey a lawful order. 
products . 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Lackland AFB) 

h.  Awards &  Decs :  AFTR. 

i.  Stmt of Sv:  TMS: (1) Yrs  (2) Mos  (13) Das 
TAMS:  (0) Yrs  (8) Mos  (20) Das 

4 .   BASIS  ADVANCED  FOR  REVIEW:  Appln  (DD Frn  293) dtd 10 Mar 03. 

(Change Dis2harge to Honorable) 

Issues:  Since I have arrived home, I have been a good citizen.  I have 

volunteered in the community by being a coach for a youth football team. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR A 1

0

io ocf-  or 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for 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 characlerized as an Under Honorable 
Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  On or about 01 Aug 01, you were found to be in violation of the 3451h Training Squadron 
policy when MTL's  did wall locker inspections and found tobacco products on your night stand. 
As a result, you received a Letter of Reprimand dated 01 Aug 0 1. 

b.  On or about 03 Aug 01, you failed to pay debts of $204.00 to the Texas Department of 
Public Safety and you failed to obey a direct order given to you by a Senior NCO.  As a result, 
you received a Letter of Reprimand dated 03 Aug 01. 

c.  On or about 04 Aug 0 1, you failed the open .ranks inspection portion of Remedial Military 
Training and you also failed your room inspection portion of RMT.  As a result, you received a 
Letter of Reprimand dated 04 Aug 0 1. 

d.  On or about 18 Aug 01, you were a no show for Remedial Military Training.  As a result, 

you received a Lefler of Reprimand dated 1 8 Aug 0 1. 

e.  On or about 01 Sep 01, you  were a no show for Remedial Military Training. As a result, 

you received a Letter of Reprimand dated 0 1 Sep 0 1. 

f.  On or about 05 Sep 01, you received an AETC Form  125A dated 05 Sep 01 along with a 

recommendation for discharge. 

g.  On or about 24 Sep 01, you viol 
Article 15 dated 24 Sep 01 along with 
of 24 Sep 0 1, Forfeiture of $272.00, and fourteen extra duty days. 

the UCMJ.  As a result, you received an 
the grade of E-2, with a new date of rank 

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.  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 can be obtained to assist you.  I 
can make an appointment for you to consult the Area Defense Counsel (ADC) at Bldg 1000 
on 
hours.  You may consult civilian 
counsel at your own expense. 

at 

0 .

 < You have the right to submit statements in your own behalf.  Any statements you want the 

separation authority to consider must reach me by  (allow 3 workdays) 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

IS  0 c t  01 

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

7.  You have bee scheduled for a medical examination.  You must report to Reid Clinic, Bldg 
6612, 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 Unit Orderly Room. 

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

Commander, Military Training Flight 

Attachment: 
1.  Letter of Reprimand dated 0 1 Aug 0 1 . 
2.  Letter of Reprimand dated 03 Aug 01. 
3.  Letter of Reprimand dated 04 Aug 0 1. 
4.  Letter of Reprimand dated 1 8 Aug 0 1. 
5.  Letter of Repri~nand dated 01 Sep 01. 
6.  AETC Form 125A dated 05 Sep 0 1. 
7.  Article 15 dated 24 Sep 0 1. 



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