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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

pec na
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
re __ A\C dill
TYPE
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 GEN UOTHC OTHER] DENY
Se x
a —~— fr
xX
i x
as X
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xX
ISSUES INDEX NUMBER 5 EXHIBITS SUBMITTED TO.THE BOARD:
A95.00 A67.10 1 | ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
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3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
6 AUG 03 FD2003-0161 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 RECORDER F BOARD PRESIDEN

    

__ INDORSEMENT DATE:.6 AUG 93

 

 

 

  

 

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 FD03-0161

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 thetavailable pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is denied.

The board finds that the applicant submitted no issues contesting the equity or propriety of the discharge,
and affer a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
imequity in this case on which to base an upgrade of discharge. The records indicated applicant received an
Article 15 for giving alcoholic beverages to minors. He also received a Letter of Reprimand for driving
under the influence of alcohol and a Record of Individual Counseling for being late for duty. The DRB
opined that through these administrative actions, the applicant had ample opportunities to change his
negative/repetitive behavior. The Board concluded the disciplinary infractions were a significant departure
from the conduct expected of all military members. The Board found no evidence of impropriety or
inequity in this case on which to base an upgrade of 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
FD2003-00161

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

(Former A1C) (HGH A1C}

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 29 Aug 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Discharge.

2. BACKGROUND:

a. DOB: 16 Apr 80. Enlmt Age: 20 7/12. Disch Age: 22 4/12. Educ: HS DIPL.
AFOT: N/A. A-76, E-71, G-76, M-78. PAFSC: 2F031 - Fuels Apprentice. DAS: 14

Jun O01.

b. Prior Sv: (1) AFRes 30 Nov 00 - 5 Mar 01 (3 months 4 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 6 Mar 01 for 6 yrs. Svd: 1 Yrs 5 Mo 24 Das, all AMS.

b. Grade Status: AIC - 12 Jun O1

c. Time Lost: None.

d. Art 15's: (1) 20 Nov 01, Pope AFB, NC - Article 92. You, who knew or
should have known of your duties within the state of
North Carolina, on or about 2 Nov 01, were derelict in
the performance of those duties in that you willfully
failed to abstain from giving alcoholic beverages to
minors, aS it was your duty to do. Suspended reduction
to Airman, 30 days restriction, and 15 days extra duty.

(No appeal) (No mitigation)

e. Additional: LOR, 29 JUL 02 - Driving under the influence of alcoholic.
RIC, 02 SEP 01 - Late for duty.

£. CM: None.
gq. Record of SV: None.

(Discharged from Pope AFB)
h. Awards & Decs: AFTR, NDSM.

1. Stmt of Sv: TMS: (1) Yrs (9) Mos (1) Das
TAMS: (1) Yrs (5) Mos (24) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 4 Apr 03.
FD2003-00161

(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

L6MAY03/ia
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e | @ IS Beg or £200 Hy

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 43D AIRLIFT WING (AMC)
POPE AIR FORCE BASE, NORTH CAROLINA

4

 

FROM: 43 SUPS/CC
1443 Reilly Street
Pope AFB NC 28308

SUBJECT: Notification Memorandum

1. Tam 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. You
understand that approval of this recommendation for your discharge could result in you receiving
an under other than honorable conditions discharge, if the convening authority determines such
characterization is warranted and directs initiation of a discharge board. I am recommending that

your service be characterized as general.

2. My reasons for this action are:

a. On or about 22 Jul 02, within Fayetteville NC, you were charged with driving while
impaired as documented by a Letter of Reprimand (LOR), dated 29 Jul 02.

b. On or about 2 Nov 01, you, who knew or should have known of your duties, within the
state of North Carolina, were derelict in the performance of those duties in that you willfully
failed to abstain from giving alcoholic beverages to minors, as it was your duty to do as
documented by an AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated
20 Nov O1. "

c. On or about 22 Sep 01, you arrived for duty when you were scheduled to appear at
0700 hours as documented by an AF Form 174, dated 2 Sep 01.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The 43d Airlift Wing Commander, who exercises Special Court
Martial (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 has been obtained to assist
you. Contact i (extension 4-2362) at the Area Defense Counsel’s office

immediately after being served with this notification memorandum. At that time an
appointment will be scheduled for you to consult the Area Defense Counsel. Instead of the

AMC— Global Reach for America
® | e FD 22035 -28O /C /

" appointed counsel, you may have another, if the lawyer you request is in the active military
service and is reasonably available as determined according to AFI 51-201. In addition to
military counsel, you have the right to employ civilian counsel. The Air Force does not pay
expenses incident to the employment of civilian counsel. Civilian counsel, if employed, must be

readily available.

 

5. You have the right to submit a statement in your own behalf. Any statements you want the
separation authority to consider must reach me by 20 Aug oj at __/060 __ hours 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 in three days,
your failure will constitute a waiver of your right to do so.

7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFT 36-3208, is available for your use at the orderly room.

  

Captain, USAF

Commander

Attachments:

1. Letter of Reprimand, dated 29 Jul 02

2. Supporting Documents, dated 22 Jul 02, 4 pages
3. AF Form 3070, dated 20 Nov 01

4. AF Form 174, dated 2 Sep 01