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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 
  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    
  
   

 

 

 

    

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE APSN/SSAN
ae AB eT
PE xX PERSONAL APPEARANCE RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION TaDDRESS AND OR ORGANIZATION OF COUNSEL
wae a eo a Tee Se ne 4
MEMBER SITTING HON GEN UOTHC OTHER DENY
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ISSUES 4.92.21 INDEXNUMBER = 467,90 oo is SUBMITIED (OTE BOARD 2 Uo
A93.09 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
HESRINGIDATE CASE NUMBER ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
08 Oct 2003 FD-2003-00328 PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

Fad

   

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 AFRBCMR

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

 

 

 

 

$50 C STREET WEST, SUITE 40 ATR FORCE DISCHARGE REVIEW BOARD
- COMMAND DR, FE WING, OOR
RANDOLPH AFB, TX 78150-4742 ANDREWS anu sain SRD EM
AFHQ FORM 0-2077, JAN G0 (EF-V2) Previous edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp_> 003-00328

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change his reenlistment 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, 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 the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

Issue 1. Applicant was discharged for conduct prejudicial to good order and discipline. The records
indicated he received two Articles 15, a Letter of Reprimand, and had an Unfavorable Information File. His
misconduct included taking another airman’s private vehicle without permission, driving under the influence
(DUT) of alcohol, and disobeying an order not to drive on base while his privileges were revoked. The
medical records also reflect member was hospitalized for a suicide attempt, and he was suffering from
worsening depression as a result of his DUI and revocation offenses. He was deemed a significant suicide
risk at that time. At the time of the discharge, member consulted counsel and submitted a statement in his
own behalf requesting an honorable discharge in order to preserve his access to the G.1. Bill education
benefits. Nevertheless, the Board notes member was age 20 and 21 when his offenses occurred and there is
no evidence he was immature or did not know right from wrong. He was essentially the same age as other
airmen who adhere to the expected standards and finish their terms of service honorably without misconduct.
The DRB opined that through the unit’s administrative actions, the applicant had ample opportunities to
change his negative behavior, but was unable or unwilling to do so. The Board concluded the misconduct
was a significant departure from conduct expected of all military members. The Board reviewed the entire
record and found no evidence of impropriety or inequity in this case on which to base an upgrade of
discharge. Thus, the characterization of the discharge received by the applicant was found to be appropriate.

Issue 2 applies to the applicant’s post-service activities. The DRB was pleased to see that the applicant is
doing well, enrolled in college, and involved in volunteer activities. However, these are not matters that
relate to a potential inequity or impropriety in his discharge, so the Board concluded his term of service was
appropriately characterized due to his misconduct.

Issue 3. The applicant cited his desire to have better civilian employment opportunities and perhaps return to
military service. While the Board was sympathetic to the impact the general discharge was having on the
applicant, this is not a matter of inequity or impropriety that would warrant an upgrade.

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 lega! or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

 

Attachment: Examiner's Brief
FD2003-00328

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

{Former AB) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 3 Sep 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: 10 Apr 81. Enlmt Age: 19 5/12. Disch Age: 21 4/12. Educ: HS DIPL.
AFQT: N/A. A-92, E-77, G-74, M-81. PAFSC: 2A031B - F-16 Avionics Test Stn &

Cmpnt Apprentice. DAS: 11 Feb 02.

b. Prior Sv: {1) AFRes 25 Sep 00 - 13 Feb 01 (4 months 20 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 14 Feb 01 for 6 yrs. Svd: 1 Yrs 6 Mo 21 Das, all AMS.

b. Grade Status: AB - 22 Jul 02 {Article 15, 22 Jul Q2)
AMN - 20 Jun 02 {Article 15, 20 Jun 02)
AIC - 30 Mar O1

c. Time Lost: None.

d. Art 15's: (1) 22 Jul 02, Luke AFB, AZ - Article 92. You, having
knowledge of a lawful written order issued by LtCol

ends to wit: revocation of your base driving
privileges, dated 24 May, an order which it was your
duty to obey, did, on or about 1 Jul 02, fail to obey
the same by wrongfully driving a privately owned vehicle
on Luke AFB. Reduction to AB, and 21 days extra duty...

{No appeal) (No mitigation)

(2) 20 Jun 02, Luke AFB, AZ - Article 111. You, did, on or
about 24 May 02, at Falcon Street and Bong Lane operate
a vehicle, to wit: a passenger car, while the alcohol
concentration in your breath was .08 grams of alcohol
per 210 liters of breath or greater as shown by chemical
analysis. Reduction to Amn, and 15 days extra duty.

(No appeal) (No mitigation)

e. Additional: LOR, 29 AUG 01 - Taking another Airman's vehicle without
permission.

f. CM: None.
FD2003-00328

g. Record of SV: None.
(Discharged from Luke AFB)
h. Awards & Decs: AFTR, NDSM,.

i. Stmt of Sv: TMS: (1) Yrs (11) Mos (10) Das
TAMS: (1) Yrs (6} Mos (21) Das

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293} dtd 14 Jul 03.
{Change Discharge to Honorable, Change the RE Code, Reason and Authority for
Discharge)

Issue 1: This a request to upgrade my discharge to Honorable. As stated to
iy commander at my discharge hearing, I'm truly sorry and regretful for the
problems I caused the Air Force, my co-workers, supervisors and my parents.
However, at that point in my lifé I was overwhelmed by the events surrounding my
discharge.

However, since my discharge I've taken the time to think things over and to
change my focus on life. Returning home to my parents in Rhein Main Air Base,
Germany I had the opportunity contribute (sic) to the military and society. I
was a volunteer at the USO helping transient troops supporting Operations Iraqi
Freedom and operations in Afghanistan. I've also enrolled in the University of
Maryland completing a degree in Criminal Justice and worked a full time job.
I've have (sic) upheld the value of citizenship since my short but enjoyable Air
Force career and deserving of an upgrade to a honorable discharge.

An upgrade would give me more opportunities in the civilian world, and maybe the
opportunity to return to Active Duty. Having grown up as an Air Force
dependent, my dream was to follow my father's footstep and make the Air Force a
career.

ATCH
1. Response to Proposed Administrative Discharge Action.

pieces 6 it it ec ER ae ge a . 4AUGO37ia ”
@ 'y223 -20328

@. ervent OF THE AIR FORCE

56th Component Repair Squadron (AETC)
Luke Air Force Base, Arizona

 

DATE: AUG 1 9 2002

MEMORANDUM FOR ABQ] gnGIAERRMMMIgaes 6 CRS

FROM: 56 CRS/CC
SUBJECT: Notification Memorandum

1. Iamrecommending your discharge from the United States Air Force for a Pattern of
Misconduct. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. If
my recommendation is approved, your service will be characterized as honorable or general. |
am recommending that your service be characterized as general.

2. My reasons for this action are:

a. On 25 Aug 01, you took possession of another airman’s vehicle without permission. For
this misconduct you received a Letter of Reprimand, dated 29 Aug 01. An Unfavorable
Information File (UIF) was established.

b. On 24 May 02, you took physical control of a vehicle while under the influence of alcohol.
For this misconduct you received an Article 15, dated 20 Jun 02. Your punishment included
reduction to E-2 and 15 days extra duty. This action was filed in your existing UIF.

c. On t Jul 02, you failed to obey an order by wrongfully driving a privately owned vehicle
on Luke Air Force Base. For this misconduct you received an Article 15, dated 22 Jul 02. Your
punishment included reduction to E-1 and 21 days extra duty. This action was filed in your

existing UIF.

3. Copies of the documents to be forwarded to the separation authority in support of this

recommendation will be provided to you. The commander exercising special court-martial
jurisdiction or-a-higher authority-will decide. whether-you-will be-discharged or-retained.m.the-—— -.--...

Air Force. If you are discharged, you will be ineligible for reenlistment in the Air Force and any

special pay, bonus or education assistance funds may be subject to recoupment.

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 the Area Defense Counsel, at Building 1150,
Suite 3015, Luke Air Force Base, Arizona, Extension 6701, on /7A¥602 at ($00

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 _22Z, AAG O2. unless you request and
receive, in writing, an extension for good cause shown. I will forward any statements you

submit to the separation authority as part of this package.
@ @ FR225 -c0325

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 retrieve your medical records
from 56" Medical Group Hospital Outpatient Records and immediately report to Physical
Exams, Building 810, with your medical records and your copy of this discharge file for the
medical 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 your unit orderly room

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

 
  

BR Major, USAF
Commander