AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  

AFSN/SSAN

   

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE X RECORD REVIEW

"| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

   

 

 

‘| OTHER | DENY

 

MEMBERS SITTING

 

 

 

 

 

 

 

ISSUES INDEX NUMBER ee
A93.01 A67.10 ORDER "APPOINTING THE BOARD

2 | APPLICATION FOR REVIEW OF DISCHARGE

 

 

3 | LETTER OF NOTIFICATION

oad DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
AUG 03 FD2003-0195 COUNSEL'S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
‘ er PISCHARGE ‘REVIEW BOARD DECISIONAL RATIONALE. OE

   

  

DECISIONAL RATIONS ARE

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 s RE OF BOARD PRESIDENT __

Ce

    

DATE: 7 AUG:03

  
   

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

350 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 FD03-0195

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 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 evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

   

ISSUE: Applicant does not contest his discharge, he states that he was young and immature and would like
a second chance. The record indicates the applicant received an Article 15 for driving while intoxicated and
for drinking under age. Additionally, he received two Letters of Reprimand for underage drinking and for
failing his room inspection, and two Letters of Counseling for a security violation and for using a racial
slur. The DRB recognized the applicant was 20 years of age when the discharge took place. However,
there is no evidence he was immature or did not know right from wrong. The Board opined the applicant
was older then the vast majority of first-term members who properly adhere to the Air Force's standards of
conduct. The DRB concluded that the characterization of the applicant's discharge was appropriate due to
the misconduct. The Board concluded the misconduct was a significant departure from conduct expected of
all military members. 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
FD2003-00195

DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 30 Oct 02 UP AFI 36-
3208, para 5.49 (Misconduct ~ Minor Disciplinary Infractions). Appeals for
Honorable Discharge, and to Change the RE Code, Reason and Authority for Disch.

2. BACKGROUND:

a. DOB: 5 Oct 82. Enlmt Age: 18 0/12. Disch Age: 20 0/12. Educ: HS DIPL.
AFOQT: N/A, A-63, E-57, G-42, M-63. PAFSC: 3A011 ~ Information Management.
DAS: 27 Aug 01.

b. Prior Sv: (1) AFRes 10 Oct 00 - 23 Oct 00 (14 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 24 Oct 00 for 6 yrs. Svd: 2 Yrs 0 Mo 7 Das, all AMS.

b. Grade Status: AMN - 5 Aug 02 (Article 15, 5 Aug 02)
Alc - 15 Dec 00

c. Time Lost: None.

gd. Art 15’s: (1) 5 Aug 00, Keesler AFB, MS - Article 92. You, who knew
of your duties, on or about 20 Jun 02, 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 20 Jun 02, at the
intersection of Larcher Blvd and Meadows Avenue,
physically control a vehicle, to wit: a car, while the
alcohol concentration in your breath was 0.144 grams of
alcohol per 210 liters of breath or greater as shown by
chemical analysis. Reduction to Airman, suspended
forfeiture of $319.00 pay per month for 2 months, and 15
days extra duty. (No appeal) (No mitigation)

e. Additional: LOR, 22 JUL 02 - Failed room inspections.
LOC, 22 JUL 02 - Using racial slurs.
RIC, 08 AUG 01 - Security violation.
LOR, 25 JUL 01 - Underage drinking.

f. CM: None.

g. Record of SV: 24 Oct 00 - 20-Aug 02 Keesler AFB 2 (Initial) REF
FD2003-00195
(Discharged from Keesler AFB)
h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (2) Yrs (0) Mos (21) Das
TAMS: (2) Yrs (0) Mos (7) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 7 Apr 03.
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge)

ISSUES ATTACHED TO BRIEF.

ATCH
None.

29MAY03/ia
FD 2003 - 20f PS

7. SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Security Number on each document.)

    
 
 
   
   

WILL NOT BE SUBMITTED, PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS.

ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: (Continue on a plain sheet of paper if more space Is needed.)

8. ISSUES

The Board will consider any issue submitted by you prior to closing the case for deliberation. The Board will also review the case to
determine whether there are any issues that provide a basis for upgrading your discharge. However, the Board is not required to respond in
writing to issues of concern to you unless those issues are listed or incorporated by specific reference below. Carefully read the instructions
that pertain to Block 8 prior to completing this part of the application. If you need more space, submit additional issues on an attachment.

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| HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION,

{ PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date)
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

9. CERTIFICATION

| make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false
statement. (U.S. Code, Title 18, Section 1001, provides that afr individual shall be fined under this title or imprisoned not more than 5 years, "[))""

UPON COMPLETION MAIC THIS APPLICATION TO APPLICABLE ADDRESS BELOW .

NAVY & MARINE CORPS AIR FORCE COAST GUARD

Army Review Boards Agency ' .
Support Division, St. Louis Naval Council of Personnel Boards SAF/MIBR . Commandant (WPM-60)

ATTN: SFMR-RBR-SL Bldg. 36 - Washington Navy Yard 550-C Street West, Suite 40 U.S. Coast Guard Headquarters

9700 Page Avenue 901 M Street, 5.E. Randolph AFB, TX 78150-4742 | Washington, DC 20593-0001
St. Louis, MO 63132-6200 Washington, DC 20374-5023

DD FORM 293, OCT 1997 Tn Page 2 of 4 Pages
- DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND SEP ik wip

 

FROM: 338 TRS/CC

SUBJECT: Notification Memorandum

1. Iam 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, Chapter 5, Section H,

paragraph 5.49. If my recommendation is approved, your discharge will be described as
honorable or general. I am recommending that your service be characterized as general.

2. My reasons for this action are:
a. On5 Aug 02, you received an Article 15 for the following infractions:

. 1. Onor about 20 Jun 02, you were derelict in the performance of your duties in that you
willfully failed to refrain from drinking alcoholic beverages while under the age of 21. (Atch 1,

‘Appendix A w/atchs)

ii. On or about 20 Jun 02, you were willfully in control of a vehicle, while the alcohol |
concentration in your breath was 0.144 grams of alcohol per 210 liters of breath or greater as shown
by chemical analysis. (Atch 1, Appendix A w/atchs)

For these infractions you received punishment of reduction from the grade of E-3 to E-2,
forfeiture of $619.00 per month for 2 months, suspended through 4 Feb 02 and 15 days of extra

duty. ;

b. On or about 18 Jul 02, you were derelict in the performance of your duties by failing your
dorm room inspection, for which you received a Letter of Reprimand, dated 22 Jul 02. (Atch 1,
Appendix B)

¢. Onor about 22 Jul 02, you failed to refrain from using racial slurs to describe a person of
Arabic decent, for which you received a Letter of Counseling, dated 22 Jul 02. (Atch 1,

Appendix C)

-d. Onor about 4 Aug 01, your were derelict in the performance of your duties by committing a
security violation, when you lost your ID. card, as noted on AF Form 174, dated 8 Aug 01. (Atch

1, Appendix D w/atchs)
os : r PD Zoan3- 02/25
i) -

e. On or about 20 Jul 01, you were in acketict in the performance of your duties by consuming
alcohol under the legal drinking age, for which you received a Letter of Reprimand, dated 25 Jul 01.

(Atch 1, Appendix E w/atchs)

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 will
decide whether you will be discharged or retained in the Air Force, and, if you are discharged,
how your service will be characterized. If you are discharged, you will be ineligible for
reenlistment in the Air Force. Any special pay, bonuses, or education assistance finds may be

subject to recoupment.

4. You have the right to consult legal counsel. Military legal counsel has been obtained to assist

you. I have made an appointment for you to consult WpveV at Bldg 0701, Room
133, on _at 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 by 1630 hours on 23 So 4 2_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 médical examination. You must report to 81° Medical Group,

Physical Exams on f i Se gat. , 2002 at 4275 hours 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 Bldg_G70 Z, CQ.

 

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

  

ane eee (7 él USAF

: Commander, Military Training Flight

 

Attachments:
1. Supporting Documents
a. Memorandum, dated 12 Aug 02
b. AF Form 3070, dated 5 Aug 02 w/atchs
c. Letter of Reprimand, dated 22 Jul 02
d. Letter of Counseling, dated 22 Jul 02
e. AF Form 174, dated 8 Aug 01 w/atchs
f. Letter of Reprimand, dated 25 Jul 01 w/atchs
2. Airman’s Receipt of Notification Memorandum
3. Airman’s Statement
4, Medical Examination
5. EPRs
6. Other Derogatory Information

woe

ED 2005 -IO/FS-