. 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITLAL) 

TYPE 

 

GRADE 

1

AB 

-

AFSNJSSAN 

1

COUNSEL 

NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

X  RECORD REVIEW 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

I N 0  
I  x 

MEMBERS SITTING 

HON 

GEN 

UOTHC 

OTHER 

DENY 

VOTE OF THE BOARD 

ISSUES 
A93.01 

INDEX NUMBER 
A67.10 

HEARING DATE 
18 JulO3 

CASE NUMBER 
FD2003-00121 

I 
EXEXBITS SUBMITI'ED TO TEE BOARD 

I 

I 

I 

1 
2 

3 
4 

I 

ORDER APPOINTING THE BOARD 

APPLICATION  FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDlTlONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE HEARING 

APPLICANT'S ISSUE AND THE BOARD'S DECISlONAL RATIONAL. ARE DISCUSSED ONTHE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

REMARKS 
Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

TO: 

SAFIMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

FROM: 

DATE:  18 JUL 03 

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. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2001-00 12 1 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge, 
and change of reenlistment eligibility (RE) code. 

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, change of reason for discharge and change of RE code are denied. 

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

The applicant's issues are listed in the attached brief. 

Issue.  Applicant  contends that he should not be penalized  indefinitely for a mistake he made when young. 
The DRB recognized  the applicant was  18 years of age when the discharge took place.  However, there is 
no  evidence  he  was  immature  or  did  not  know  right  from  wrong.  The  DRB  concluded  that  the 
characterization of the applicant's discharge was appropriate due to the misconduct. 

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 
upgradelchange of reason for discharge and change of RE code, 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 AB)  (HGH AB) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 25 Jun 02 UP AFI 36- 
3208, Para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, and Change to Reentry Code, Reason and Authority. 

2 .   BACKGROUND: 

a. DOB: 20 Oct 83.  Enlmt Age: 17 0/12.  Disch Age: 18 8/12. Educ:HS DIPL. 

AFQT: N/A.  A-63,  E-67,  G-53,  M-47. PAFSC: 1C631 -  Space Systems Operations 
Apprentice. DAS: 28 Jan 02. 

b.  Prior Sv: (1) AFRes 31 Oct 00 -  9 Jul 01 (8 Months 9 Days) (Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enld as AB 10 Jul 01 for 6 yrs. Svd: 0 Yrs 11 Mos 16 Das, all AMS. 

Grade Status:  Examiner's Note:  As a 6-yr enlistee, the applicant should 

have been promoted to A1C upon completion of Technical Training School. 
The system indicates he may have been promoted to AlC.  However, there 
is no documentation to confirm the promotion occurred which indicates 
the promotion in-system may have been an administrative error. 
Furthermore, the grade reflected in LORs, DD Form 214, Legal Review, 
and Commander's recommendation is that of Airman Basic. 

c.  Time Lost:  None 

d.  Art 15's:  (1) 22 Jan 02, Vandenberg AFB, CA  -  Article 92. You, who 

knew of your duties, on or about 4 Jan 02, were derelict 
in the performance of those duties in that you willfully 
failed to refrain from consuming alcohol in the 
dormitory or immediate surrounding area, as it was your 
duty to do.  You, who knew of your duties, on or about 4 
Jan 02, were derelict in the performance of those duties 
in that you willfully failed to refrain from consuming 
alcohol as a minor, as it was your duty to do. 
Forfeiture of $552.00 pay per month for 2 months, with 
suspended forfeiture of amount exceeding $250.00 pay per 
month for 2 months. (No appeal)  (No mitigation) 

e.  Additional: LOR, 20 JUN  02 - Underage drinking, disorderly in a public 

place, and displaying drunkeness by 
exhibiting provoking speeches and gestures 
through harrassment. 

LOR, 15 MAY 02 -  Underage drinking, driving under the 

influence of alcohol, carrying an 

LOR, 05 APR  02 -  Underage drinking and disorderly in a 

unauthorized concealed weapon, and failure 
to have auto insurance. 

LOR, 22 OCT 01 -  Underage drinking. 

public place. 

f .  CM:  None 

g.  Record of SV: None 

(Discharged from Schriever AFB) 

h.  Awards &  Decs:  AFTR, NDSM, USAF BMT HGR. 

i.  Stmt of Sv:  TMS: (1) Yrs  (7) Mos  (26) Das 
TAMS: (0) Yrs  (11) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 14 Mar 03 

(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and 

Authority) 

Issue 1:  I believe my discharge should be upgraded to honorable for several 

reason.  I joined the military at the very young age of 17.  I believe I was 
young and made some immature decision.  I lost the woman I was going to marry, 
and my unborn child in a car accident. I turned to alcohol to help ease the 
pain. 

Issue 2:  I eventually got caught underage drinking.  After several times 
getting caught, I was discharged under AFI 5.49  (sic) minor misconduct.  I am 
not making excuses.  I take responsibility for my actions.  I feel that I have 
grown up in the last year.  I wish to get my discharge upgraded-so I can be a 
Marine.  I wish to serve my nation again. 

Issue 3:  If you look at my record on my Certificate of Release from Active 

Duty, you can see I am an honor graduate from basic military training.  In the 
civilian life I still live by the Air Force Core Values Integrity, service 
before self, and excellence in all we do. 

Issue 4:  In closing I feel I am a changed man than the young, immature boy 

when I got discharged.  I also delt  (sic) with my loss of my child and love of 
my life.  I pray that I can serve my country again as a Marine. 

ATCH 
1.  DD Form 214. 

1 May 03/cr 

DEPARTMENT OF THE AIR  FORCE 

50TH SPACE WING (AFSPC) 

FROM: 

'a. 

4 SOPSICC 

SLBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct (minor 
disciplinary infractions).  The authority for this action is AFFD 36-32 and AFI 36-3208, 
paragraph 5.49.  Ifmy recommendation is approved, your service will be characterized as 
general. 

2.  My reasons for this action are: 

a.  On or about 13 Oct 01 you were in possession of an open container of alcohol and were 

cited by the Santa Barbara County Sheriffs Department for underage drinking.  For this 
misconduct you received a Letter of Reprimand (LOR) dated 22 Oct 01 and an Unfavorable 
Information File (UIF) was established.  (atch 1 a) 

b.  On or about 4 Jan 02 you were derelict in the performance of your duties in that you 

willfully failed to refrain from consuming alcohol as a minor.  For this misconduct you received 
an Article 15 dated 15 Jan 02 with forfeiture of $552.00 pay per month for 2 months, with that 
amount exceeding $250.00 pay per month for 2 months, suspended until 2 1 Jul02.  The Article 
15 was placed in your UIF.  (atch 1 b) 

c.  On or about 19 Mar 02 you were derelict in your duty, to wit: you willfully failed to 

refrain from consuming alcohol while under the age of 21 years, as it was your duty to do.  For 
this misconduct you received a Letter of Reprimand (LOR) dated 5 Apr 02.  (atch lc) 

d.  An investigation has disclosed that on or about 20 Apr 02 you were derelict in your duty, 

to wit:  you willfully failed to refiain from consuming alcollol while under the age of 21 years 
and you were cited by the Colorado Springs Police Department for driving under the influence of 
alcohol, carrying an unauthorized concealed weapon and for failing to have compulsory auto 
insurance.  For this misconduct you received an LOR dated 15 May 02.  (atch 1 d) 

e.  An investigation has disclosed that on or about 20 Jun 02 at or near Peterson AFB you 
were derelict in your duty, to wit:  you willfully failed to refiain from consuming alcohol while 
under the age of 21 years.  This is your fifth alcohol incident since entering the service in Jul01. 
For tllis misconduct you received an LOR dated 20 Jun 02.  (atch le) 

--- 

-- 

MASTER OF SPACE 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force and, if 
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. 
5 have made an appointment for you to consult the Area Defense Counsel at the USAF Academy 
on 27 Jun 02 at 0900 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 from the date you receive this 
memorandum of notification unless you request and receive an extension for good cause shown. 
I will send them to the separation authority. 

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. Your medical examination was completed on 15 Apr 02 at the Peterson AFB Flight Medicine 
Clinic. 

8. Your MPF Separations brief was completed on 15 Apr 02 at Schriever AFB.  If you have any 
further questions you can contact the Separations Office at 567-5335. 

9.  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 your unit orderly room. 

Attachments: 
1.  Derogatory Data: 

a.  LOR, 22 Oct 01, UIF, 29 Oct 01 
b.  Art  15, 15 Jan 02 
c.  LOR, 5 Apr 02 
d.  LOR, 15 May 02 
e.  LOR, 20 Jun 02 

2.  Airmen's Receipt of Notification 
3.  Airmen's Statement 
4.  Recoupment Statement