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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

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ISSUES INDEX NUMBER E i ud

A94.05, A92.15 A67.10 ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

 

 

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

25 JUL 03 FD2003-00228 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

1
2
3 + | LETTER OF NOTIFICATION
4

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

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 PRESIDEN]

 

   
   

   

 

SAF/MIBR
350 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 AEB, MD 20762-7002

 
 

  
   

 

 

    

Previous edition will be used,

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for discharge, and to change his reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

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

t

FINDINGS: Upgrade of discharge, change of reason and authority for the discharge, and change of
reenlistment code are denied.

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

Issues. Applicant was discharged for minor disciplinary infractions. He had two Articles 15, and a traffic
ticket. His misconduct included two incidents of underage drinking, parking in a restricted area, and
making a false official statement. At the time of the discharge, member waived his right to consult counsel
and submit statements in his own behalf. The Board noted member was the same age as other airmen who
had adhered to the standards when his misconduct occurred, and he knew right from wrong. He was
counseled in an effort to help him correct his deficiencies and had several opportunities to improve his
behavior. He failed to respond to those rehabilitative efforts. He was responsible for his actions, and

therefore held accountable for them. No inequity or impropriety was found in this discharge in the course
of the records review.

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
FD2003-00228
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
_ANDREWS AFB, MD

wai (Former AB) (HGH AMN)
wore

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 31 May 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: 21 Jun 81. Enlmt Age: 20 1/12. Disch Age: 20 11/12. Educ: HS DIPL.
AFQT: N/A. A-96, E-91, G-90, M-95. PAFSC: 2T331 - Special Purpose Vehicle and
Equipment Maintenance. DAS: 7 Aug 01.

b. Prior Sv: None.
3. SERVICE UNDER REVIEW:
a. Enld as AMN 24 Jul 01 for 4 yrs. Svd: 0 Yrs 10 Mos 8 Das, all AMS.
b. Grade Status: AB - 29 Nov 01 (Article 15, 29 Nov 01).
ec. Time Lost: None.

d. Art 15’s: (1) 16 May 02, Charleston AFB, SC - Article 92. You, who
knew of your duties, on or about 19 Apr 02, were
derelict in the peformance of those duties in that you
willfully failed to refrain from consuming alcohol while
under the age of 21, as it was your duty to do. Article
107. You, did, on or about 19 Apr 02, with the intent
to deceive, make a false official statement to Security
Forces Personnel via AF Form 1168, to-wit: that you
were not drinking alcohol, or words to that effect,
which statement was totally false, and was then known by
you to be so false. Forfeiture of $552.00 pay, a
reprimand, and restriction for 14 days. (No appeal) (No
mitigation)

(2) 29 Nov 01, Charleston AFB, SC - Article 92. You, who
knew of your duties, on or about 1 Nov 01, were derelict
in the peformance of those duties in that you
negligently failed to refrain from consuming alcohol
while under the age of 21, as it was your duty to do.
Reduction to the grade of AB, and a reprimand.

(No appeal) (No mitigation)

e. Additional: TRAFFIC TICKET, 9 SEP 01 - Parking in a prohibited area.

£. CM: None.
FD2003-00228

g. Record of SV: None.

(Discharged from Charleston AFB)
h. Awards & Decs: NDSM.

i. Stmt of Sv: TMS: (0) Yrs (10) Mos (8) Das
TAMS: (0) Yrs (10) Mos (8) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 19 Mar 03.
(Upgrade Discharge to Honorable, and Change to Reentry Code, Reason and
Authority)

Issue 1: I am requesting this upgrade of my military discharge so that I
can re-enlist and continue my military career. I feel the level of punishment
for the two offenses was to severe considering neither event caused any harm or
disruption and could have very easily went unoticed (sic) as many do every day.

Issue 2: I'm not 21 years old, trained as a heavy equipment maintenance
technician. Aside from two uneventful underage drinking offenses my service
with the U.S. Air Force was exemplary. With the current national situation at
hand, I am hoping the government can excuse my poor decision making and re-coop
the many thousands of dollars invested in a qualified war-ready airman.

ATCH
None.

11 Jun 03/cr
DEPARTMENT OF THE AIR FORCE FP2O008 - CO22¢

HEADQUARTERS 437TH AIRLIFT WING (AMC)

28 MAY 2002

MEMORANDUM FOR ADQ A URGROUMEGED 437 1.GT

FROM: 437 LGT/CC
SUBJECT: Notification Memorandum

1. 1am 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 for discharge is approved, your service will be characterized as honorable
or general. I am recommending that your service be characterized as general.

2, My reasons for this action are:

a. On or about 19 Apr 02, you willfully failed to refrain from consuming alcohol while under
the age of 21, as it was your duty to do. In addition, on or about 19 Apr 02, with the intent to
deceive, you made a false official statement to Security Forces Personnel to wit: that you said
you were not drinking alcohol, or words to that effect, which statement was totally false, and was
then known by you to be false. For this conduct, you received an Article 15 w/atchs, dated 16
May 02 (Atch 1a).

b. On or about 1 Nov 01, you negligently failed to refrain from consuming alcohol while
under the age of 21, as it was your duty to do. For this conduct, you an Article 15 w/atch, dated
29 Nov 01 (Atch 1b).

c. On 9 Sep 01, you parked in a prohibited area. For this conduct, you received a verbal
counseling, which is documented on an Armed Forces Traffic Ticket, dated 9 Sep 01 (Atch Ic).

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 a higher
authority 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.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
An appointment will be made for you to consult the Area Defense Counsel, Building 503, Room
119 upon issuance of this notification. 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 by3/ A. 4 Qeo% unless you request and receive an
extension for good cause shown. I will.send them to thé separation authority.

AMC-—GLOBAL REACH FOR AMERICA
£2002 O0O2A2F

6. If you fail to consult couiigel 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 separation briefing at Personnel Relocations, Building 503,

Room 205 at [ 430 on oli Mae

8. A medical examination has been scheduled for you. You are directed to report to the 437th

Medical Group, Physical Exams at (7730 on Zam wut, for the examination.
9, Your Transition Assistance Briefing is scheduled at_ /5@O on a Meo, in the

Family Support Center, Building 255, with Mrs. Lankosz.

10. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974 as
explained in AFI 36-3208. A copy of AFI 36-3208, Administrative Separation of Airmen is
available for your use at the 437th Transportation Squadron Orderly Room.

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

aa Lt Col, USAF
Commander

Attachments:
1. Documents Supporting Basis for Discharge
a. Article 15 w/atchs, dated 16 May 02
b, Article 15 w/atchs, dated 29 Nov 01
c. Armed Forces Traffic Ticket, dated 9 Sep 01
d. UIF Summary
2. Other Derogatory Information
a. Suspension of Base Driving Privileges w/atchs, dated 1 Nov 01
3. Airman’s Receipt of Notification Memorandum