INDEX NUMBER 

FD-2003-00275 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

SM/'MRBR 
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 D Q  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00275 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  Honorable,  change  the  Reason  and 
Authority for the 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 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 that would justify  a change of discharge. 

ISSUE:  Applicant contends discharge was inequitable because  it was too harsh.  The records indicated the 
applicant received two Article  15s, the first one for discharging a fire extinguisher causing the automatic fire 
alarm to activate.  The second one for consuming alcoholic beverages while under the age of twenty-one and 
for damaging government property.  He also received  a Vacation action under the UCMJ  for failure to obey 
an order and for willfully  failing to refrain  from entering an establishment with false identification with the 
purpose of consuming alcoholic beverages.  The applicant states that he has matured as well as learned from 
his mistakes.  However, he submits no documentation to this fact and he has only been out of the Air Force 
for one year and four months.  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 of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE R E V I m  BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AMN) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 3 Apr 02 UP AFI 36-3208, 
para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge, to Change the RE Code, Reason and 
Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Aug 82. Enlmt Age: 17 10/12.  Disch Age: 19 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-54,  E-47,  G-64,  M-49. PAFSC: 33731 -  Fire Protection Apprentice. 
DAS: 24 Mar 01. 

b.  Prior Sv:  (1) AFRes 18 Jul 00 -  25 Sep 00  (2 months 8 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  26 Sep 00 for 4 yrs. Svd: 1 Yrs 6 Mo 9 Das, all AMS. 

b.  Grade Status:  AB  -  23 Jan 02 (Article 15, 23 Jan 02) 

AMN -  26 Mar 01 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 18 Mar 02, Vacation, Little Rock AFB, AR  -  Article 92. 
wledge of a lawful order issued by LtCol 

to wit: item 6c of your Article 15 dated 
23 Jan 02 restricted you to Little Rock AFB until 22 Feb 
02, an order which it was your duty to obey, did, at or 
near Jacksonville, Arkansas, on 19 Feb 02, fail to obey 
the same by wrongfully leaving Little Rock AFB.  You, 
who knew of your duties at or near Little Rock AFB, 
between on or about 24 Mar 01 and on or about 25 Jan 02, 
were derelict in the performance of those duties in that 
you willfully failed to refrain from entering an 
establishment with false identification with the purpose 
of consuming alcoholic beverages, as it was your duty to 
do.  Forfeiture of $552.00 pay. (No appeal)  (No 
mitigation) 

(2) 23 Jan 02, Little Rock AFB, AR  -  Article 92.  You, who 
knew of your duties at Little Rock AFB, AR, on or about 
14 Dec 01, were derelict in the performance of those 
duties in that you willfully failed to refrain from 
consuming alcoholic beverages while under the age of 
twenty-one, as it was your duty to do.  Article 108. 
You, did, at or near Little Rock AFB, AR, on or about 
10 Dec 01, without proper authority, through neglect 
damage by backing without a spotter military property of 

the United States the amount of said damage being in 
the sum of about $1,500.00.  Reduction to AB,  forfeiture 
of $552.00 pay per month for 2 months, suspended 
forfeiture in excess of $252.00, 30 days restriction, 
and a reprimand. (No appeal)  (No mitigation) 

(3) 22 Aug 01, Little Rock AFB, AR  -  Article 134.  You, 

were, at or near Little Rock AFB, AR, on or about 29 Jul 
01 disorderly by the unauthorized discharge of a fire 
extinguisher at building 718 causing the automatic fire 
alarm to activate.  Suspended reduction to AB. 
Forfeiture of $100.00 pay, and a reprimand.  (No appeal) 
(No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Little Rock AFB) 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (8) Mos  (17) Das 

TAMS:  (1) Yrs  ( 6 )  Mos  (9) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 May 03. 

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

Discharge) 

Issue 1:  1

1

am requesting a change of discharge 

 

from, General under honable  (sic) conditions, To  (sic) Honorable discharge.  I 
am requesting a change do (sic) to the fact that I did make some mistakes early 
in my career but I have matured as well as learned from my mistakes.  I wish to 
continue my career with the United States Air Force, as well as show that the 
mistakes I made were juvinelle (sic) and therefore lead by example.  Everyone 
makes mistakes we are only human But  (sic) I believe a true leader learns from 
his mistakes and tries to correct them.  That is why I am submitting this form 
today.  Please take the time to approve my request and I assure you that I will 
not make these mistakes again.  As well as anybody who surrounds me, I beleive 
(sic) your decision is in the best intrest  (sic) of the United States Air Force 
and I thank you for your time. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

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

MAR  2 2  2002 

FROM:  3 14 CESICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force IAW AFPD 36-32 and 
AFI 36-3208, paragraph 5.50.2, A Pattern of Misconduct, Conduct Prejudicial to Good Order 
and Discipline.  If my recommendation for discharge is approved, the separation authority may 
characterize your service as either Honorable or Under Honorable Conditions (General).  I will 
recommend characterizing your service as Under Honorable Conditions (General). 

2.  My reasons for this action are: 

a.  On or about 23 January 2002 you were restricted to base until 22 February 2002.  On or 

about 19 February 2002, you failed to obey the same order by wrongfully leaving the base.  Also, 
between on or about 24 March and on or about 25 March 2002, you failed to refrain from 
entering an establishment with false identification with the purpose of consuming alcoholic 
beverages.  For your actions, you received Vacation of Suspended Nonjudicial Punishment under 
Article 15, UCMJ.  (Atch 1-1) 

b.  On or about 10 December 2001, you caused $1,500 in damage to government property by 

failing to use a spotter while backing up.  Also, pn or about 14 December 2001, you failed to 
refrain from consuming alcoholic beverages while under the age of 2 1.  For your actions, you 
received Nonjudicial Punishment under Article 15, UCMJ.  (Atch 1-2) 

c.  On or about 29 July 2001, you discharged a fire extinguisher in building 71 8 causing the 
automatic fire alarms to activate.  For your actions, you received Nonjudicial Punishment under 
Article 15, UCMJ.  (Atch 1-3) 

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 ?.ir  Force and, if discharged, how 
your service will be characterized.  If you are disckztrged, 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 caP-~rea 
Defense Counsel, Bldg 
1255, Rm 201, Telephone 7-3260 on 22 March 2002 at 1000 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 within (3) workdays or (72) hours unless you 
request and receive an extension for good cause shown.  I will forward any statements you 
gubmit 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 1200 hours on 22 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. 

-- 

-~t 

Commander 

Col, USAF 

Attachments: 
1-1  Vacation, 11 Mar 02 

Member's  Response, 14 Mar 02 
MFR (MSgt-, 
5 Mar 02 

1-2  Article 15, 11 Jan02 

Member's  Response, 14 Jan 02 

1-3  Article 15, 13 Aug 01 

Member's Response, 17 Aug 01 
SFS Blotter, not dated 
AF Form 1168,3 Jul01