AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

    
 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

AIC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL” ‘7 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
VOTE OF THE BOARD
MEMBERS SITTING TON GEN voTHe OTHER DENY
x
xX
xX
x
| peter] x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO. THE BOARD
A94,05 A67,10 J | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION —
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
1 AUG 03 FD2003-0187 —

 

    

COUNSEL’S RELEASE TO THE BOARD

 

PERSONAL APPEARANCE

 

 

 

 

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.

submit an application to the AFBCMR.

 

SIGNATURE OF RECORDER SIGNATURK OF BOARD PRESIDENT

 

INDORSEMENT

 

 

TO: FROM:

 

ANDREWS AFB, MD 20762-7002

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

TAPE RECORDING OF PERSONAL APPERANCE HEARING

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

  
   

DATE: 1 AUG 03

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

   

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0187

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and
Authority for discharge and to change the RE Code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this nght.

The attached brief contairh the available pertinent data on the applicant and the factors leading to the
discharge. -

FINDINGS: Upgrade of discharge is denied.

4
The board finds that ntither evidence of record nor that provided by the applicant substantiates an inequity
‘or impropriety, which would justify a change of discharge.

ISSUE: Applicant contends that his discharge was too harsh because he believes he was innocent of
underage drinking and having someone living in his dorm room. The record indicates the applicant
received an Article 15 for willfully failing to refrain from drinking alcoholic beverages while under the age
of 21 and for driving while drunk. In addition, he received three Letters of Reprimand and two Letters of
Counseling for being late for duty, disobeying a direct order, cutting a screen to evade security forces, beg
disrespectful to individuals and drinking under age, and for allowing an unescorted person to reside in the
barracks and wander the installation. 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
FD2003-00187
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

See (Former A1C) (HGH AIC)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 3 Apr 02 UP AFI 36-3208,

para 5.46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge and to Change the RE Code, Reason and Authority for Discharge.

 

2. BACKGROUND:

a. DOB: 9 Sep 81. Enilmt Age: 17 5/12. Disch Age: 20 6/12. Educ: HS DIPL.
AFQT: N/A. A-31, E-69, G-64, M-72. PAFSC: 2A651B - Aerospace Propulsion
Journeyman. DAS: 23 Mar 01.

b. Prior Sv: (1) AFRes 24 Feb 99 - 5 Oct 99 (7 months 12 days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 6 Oct 99 for 4 yrs. Svd: 2 Yrs 5 Mo 29 Das, all AMS.

b. Grade Status: AIC - 6 Feb 01
AMN - 6 Apr OO

c. Time Lost: None.

d. Art 15’s: (1) 21 Mar 01, Little Rock AFB, AR - Article 92. You, who
knew of your duties, on or about 10 Mar 01, were
derelict in the performance of those duties in that you
willfully failed'to refrain from drinking alcoholic
beverages while under the age of 21, as it was your duty
to do. Article 111. You, did, on or about 10 Mar Ol,
behind building 748 physically control a vehicle, to
wit: a 1995 Dodge Avenger, while drunk. Suspended
reduction to Amn, forfeiture of $584.00 pay per month
for 2 months, 30 days extra duty, and a reprimand.

(No appeal) (No mitigation)

e. Additional: LOR, 05 MAR 02 - Allowing unescorted person to reside in
barracks and wander the installation.
LOR, 05 MAR 02 ~- Disrespect to individuals and drinking
under age.
LOR, 06 MAR 01 - Cutting a screen to evade Security Forces.
LOC, 19 FEB 01 - Disobeying a direct order.
LOC, 23 MAY 00 - hate for duty.

f. CM: None.

g. Record of SV: 6 Oct 99 - 5 Jun 01 Little Rock, AR 2 £(Initial) REF
FD2003-00187
(Discharged from Little Rock AFB)

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (3) Yrs (1) Mos (11) Das
TAMS: (2) Yrs (5) Mos (29) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 7 Jan 02.

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

Issue 1: I believe I wrongfully separated because my commander, Lt Col

wip accused me of underage drinking and having someone living in my dorm room.
I was innocent of both charges. My commander and first sergeant refused to
believe; there was no evidence to prove either incident. Area Defense Council
(sic) informed me that my commander had no case. At first my commander offered
me punishment by Article 15 under the UCMJ, I then said I wanted to go before
Court Marshall (sic) because I knew that I was innocent. My commander then
forced me to sign two Letters of Reprimand and a Control Roster for the
incidents listed above. In less than two weeks I was recommended for discharge,
but what I did not know, I didn't have to sign the paperwork or that I could've
Signed a rebuttal. This happened because the Area Defense Council (sic) did a
very poor job of informing me of my rights. In closing I would like to say 1
was proudly serving my country and I would love to continue.

ATCH

1. Applicant's Statement.
2. DD Form 214.

27MAY03/ia
FR2c03~ 20/8

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 314TH AIRLIFT WING (AETC)
LITTLE ROCK AIR FORCE BASE, ARKANSAS

13 KAR 2n0e

 

MEMORANDUM FOR A CARIN

 

FROM: 314 MXS/CC

SUBJECT: Notification Memorandum

1. [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 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 or about 5 March 2002, you failed to comply with Little Rock AFB Instruction 32-99
and AFI 32-6005. You allowed an unescorted person to reside in the barracks and wander this
installation. For your actions, you received a Letter of Reprimand (LOR). (Atch 1-1)

b. On or about 9 February 2002, you were involved in an incident in the barracks where you
were disrespectful to other individuals. Also, the 314th Security Forces detained you because
you had consumed alcoholic beverages while under the age of 21. For your actions, you received

an LOR. (Atch 1-2)

c. On or about 10 March 2001, you failed to refrain from drinking alcoholic beverages while

under the age of 21 and you physically controlled a vehicle while intoxicated. For your actions,
you received Nonjudicial Punishment under Article 15, UCMJ. (Atch 1-3)

d. On or about 24 February 2001, you willfully cut a screen in building 728 to evade the
314th Security Forces personnel. For your actions, you received an LOR. (Atch 1-4)

e. On or about 9 February 2001, you were given a direct order to complete and highlight
Volume 4 of your Career Development Course and to study pages 1-1 through 1-42. You were
given an extension with a suspense date of 12 February 2001 and still failed to complete the task.
For your actions, you received a Letter of Counseling (LOC). (Atch 1-5)

f. On or about 22 May 2000, you failed to go at the time prescribed to your appointed place
of duty. For your actions, you received an LOC. (Atch 1-6)
[(D KEOQ2 ~ CD/ I /

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 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.

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 Captaingib Area Defense Counsel, Bldg
1255, Rm 201, DSN 453-3405 on 18 March 2002 at 1400 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 by 3 workdays 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. You have been scheduled for a medical examination. You must report to Little Rock AFB
Clinic at 1330 hours on 15 March 2002 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.

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

  

Wf Lt Col, USAF

Attachments:
1-1 LOR, 5 Mar 02
1-2 LOR, 5 Mar 02
1-3 Article 15, 15 Mar 01
Member’s Response, 20 Mar 01
1-4 LOR, 6 Mar 01
1-5 LOC, 19 Feb 01
1-6 LOC, 23 May 00