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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
[nee A1C | aa
TYPE ~—
PERSONAL APPEARANCE X RECORD REVIEW
CQUNSEL ...., | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
x
———— tO x
So x
RM x
[SSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD |
A93.01 A67.10 1 | ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
25 Jul 03 FD2003-00135

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

' TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT’ S ISSUE-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.

 

 

 

 

 

 

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 BOARD PRESIDENT

 

INDORSEMENT' DATE: 25 JUL.03
TO: FROM:
SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

 
   
  

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 FD2003-00135

GENERAL: The applicant appeals for upgrade of discharge to Honorable and change of reason for
discharge.

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 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. The applicant was discharged for minor disciplinary actions. He received two Articles 15 while in
technical school for misconduct. The misconduct included failure to go and underage drinking. The
applicant contends that he should not be penalized indefinitely for a mistake he made when young. The
DRB recognized the applicant was 19 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 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 and change of reason for discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2003-00135
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

iii. (Former AB) (HGH AB)
1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 6 MAR 03 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable

Discharge, and to Change the Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 17 Apr 83. Enlmt Age: 19 1/12. Disch Age: 19 10/12. Educ: HS DIPL.

AFOT: N/A. A-81, E-86, G-88, M-84. PAFSC: 1C411 - Tactical Air Command &
Control Helper. DAS: 23 Sep 02.

b. Prior Sv: (1) AFRes 21 May 02 - 5 Aug 02 (2 months 16 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 6 Aug 02 for 6 yrs. Svd: 0 Yrs 7 Mos 1 Day, all AMS.

b. Grade Status: None.
c. Time Lost: None.

d. Art 15's: (1) 31 Jan 03, Hurlburt Field, FL - Article 92. You, who
knew or should have known of your duties, on or about 18
Jan 03, were derelict in the performance of those duties
in that you willfully failed to refrain from consuming
alcohol while under the age of 21, the legal age in the
state of Florida, as it was your duty to do. Forfeiture
of $575.00 pay per month for 2 months. (No appeal) (No
mitigation)

(2) 13 Jan 03, Hurlburt Field, FL ~ Article 86. You did,
between on or about 28 Nov 02, and on or about 29 Nov
02, without authority, fail to go at the time prescribed
to your appointed place of duty. Reprimand. (No appeal)
(NO mitigation)
e. Additional: None.

f. CM: None.
g. Record of SV: None.

(Discharged from Hurlburt Field)

h. Awards & Decs: NDSM, AFTR.
FD2003-00135

i. Stmt of Sv: TMS: (0) Yrs (9) Mos (14) Das
TAMS: (0) Yrs (7) Mos (1) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 12 Mar 03.

(Change Discharge to Honorable, and Change the Reason and Authority for
Discharge)

Issue 1: While assigned to Hurlburt Field, FLA (sic), I was charged with
misconduct for being absent from duty. I made a mistake and did not expect to

be discharged. I understand that the error and my drinking afterward led to my
discharge.

When I got in trouble for the absence, I began to drink. I was depressed and
did not help that I began drinking. I had made arrangements with a buddy to
cover the shift I missed but he also did not show up. for duty.

I regret these errors and would appreciate an opportunity for someone to know
that. I've learned a lot from this circumstance and the experience. I'm asking
for the benefit of the doubt. I'd lik (sic) to join the Air Force Reserves and
prove that I'm trustworthy and independent.

ATCH

1. Applicant's Issues.
2. DD Form 214.
3. Collateral Training Summary.

TMAYO3/ia
4 ) ED 263-20 /35

DEPARTMENT OF THE AIR FORCE
DETACHMENT 1, 334TH TRAINING SQUADRON (AETC)

[1:0 FEB 205

 

  

MEMORANDUM FOR AB K DET 1,334 TRS

FROM: Det 1, 334 TRS/CC

SUBJECT: Notification Memorandum,

1. [am recommending your discharge from the United States Air Force for misconduct, more
specifically, minor disciplinary infractions. The authority for this action is AFPD 36-32 and
AFT 36-3208, chapter 5, section H, paragraph 5.49. If my recommendation for discharge is
approved, your service will be characterized as honorable or general. I am recommending your
service be characterized as general.

2. My reasons for this action are based on the following:

a. You, who knew or should have known of your duties, at or near Hurlburt, Field, FL
on or about 18 January 2003, were derelict in the performance of those duties in that you
willfully failed to refrain from consuming alcohol while under the age of 21, the legal age in the
state of Florida, as it was your duty to do, for which you were given Nonjudicial Punishment,
under Article 15, UCMJ, on 31 Jan 03, which was filed in your Personnel Information File (PIF).

b. You, did, at or near Hurlburt, Field, between on or about 28 November 2002 and on
or about 29 November 2002, without authority, fail to go at the time prescribed to your appointed
place of duty, to wit: building 90329, for which you were given Nonjudicial Punishment, under
Article 15, UCMJ, on 13 Jan 03, which was filed in your PIF.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising Special Courts-Martial 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 has been obtained to assist you.
I have made an appointment for you to consult the Area Defense Counsel at Hurlburt Field, FL,

Bldg 90042, on_//Fé6 03 at _/230_hours. You may consult civilian counsel at your own
expense.

 

5. You have the right to submit statements on your own behalf. Any statements you want the
separation authority to consider must reach me within three workdays of your receipt of this
memorandum, unless you request and receive an extension for good cause shown. I will send

them to the separation authority.

Any Time... Any Place
) Ppwes3-O0/ 5S

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

7. You are scheduled for a medical examination and you should report to the Hurlburt Clinic at
07 (5 hrs on (2 €¢ U3 _ 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 at the unit orderly room.

 

Attachments:

Documents Supporting Basis for Discharge

1. AF FM 3070, dtd 31 Jan 03 (4p.)

2. AF FM 3070, dtd 13 Jan 03 (4p.)

3. Airman’s receipt of notification memorandum