AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN-
pe AB oe
PERSONAL APPEARANCE xX RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

   

 

 

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ISSUES A93.1 9 INDEX NUMBER A67.1 0 - eS
A92.37 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
HEARING DATE CASE NUMBER ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
09 Oct 2003 FD-2003-00333 PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

 

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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

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

 

AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 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 | pp.9993-00333

GENERAL: The applicant appeals for upgrade of discharge to honorable.

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.

FINDINGS: Upgrade of discharge is 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. She had an Article 15, a Letter of
Reprimand, a Letter of Counseling, another Memo for Record, and an Unfavorable Information File. Her
misconduct included three underage drinking incidents, lying, and making a false official statement. At the
time of the discharge, member submitted a statement in her own behalf accepting responsibility and
apologizing for her actions. The Board noted member was given many opportunities to correct her behavior
but was either unwilling or unable to do so. Each time, she accepted responsibility and apologized, stating it
would never happen again. But it did. Because member was responsible for her actions, she was held
accountable for them. The Board found nothing during the course of the record review to warrant an
upgrade. There was no inequity or impropriety, thus the characterization of service was deemed appropriate
in view of the repeated misconduct.

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
FD2003-00333
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH AMN)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 18 Mar 99 UP AFI 36-

3208, ‘para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 1 Nov 79. Enlmt Age: 17 6/12. Disch Age: 19 4/12. Educ: HS DIPL.
AFQT: N/A. A-86, E-39, G-46, M-29. PAFSC: 3P031 ~ Security Forces Apprentice.
DAS: 26 Apr 98.

b. Prior Sv: (1) AFRes 8 May 97 - 9 Dec 97 (7 months 2 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 10 Dec 97 for 4 yrs. Svd: 1 Yrs 3 Mo 9 Das, all AMS.

b. Grade Status: AB - 27 Oct 98 (Article 15, 27 Oct 98)
AMN ~ 10 Jun 98

c. Time Lost: None.

d. Art 15’s: (1) 27 Oct 98, Hill AFB, UT - Article 134. You did, on or
about 17 Oct 98, wrongfully consume alcoholic beverages
while under the age of 21, in violation of Section 32A-
12-209 of the Utah Code annotated as assimilated, by
Section 13 of Title 118 of the United States Code.
Reduction to Airman Basic, 15 days extra duty, and 30
days restriction. (No appeal) (No mitigation)

e. Additional: MFR, 19 FEB 99 - Underage drinking.
LOC, 21 JAN 99 - Making a false statement.
LOR, 24 JUL 98 - Underage drinking and lying.

£f. CM: None.
g. Record of SV: None.

(Discharged from Hill AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yrs (10) Mos (11) Das
TAMS: (1) Yrs (3) Mos (9) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 12 Jul 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH
1. Three Character References.

21AUGO3/ia
WILL NOT BE SUBMITTED. PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS.

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[ ARMY NAVY & MARINE CORPS
au cee on ce Naval Council of Personnel Boards SAF/MIBR
upport Division, St. Louis . .
{1 ATTN: SFMR-RBR-SL Bldg. 36 - Washington Navy Yard 550-C Street Wesi, Suite 40
“| 9700 Page Avenue 901 M Street, S.E.

Randolph AFB, (X 78150-4742
St. Louis, MO 63132-5200 Washington, DC 20374-5023

DD FORM 293,0GT 1997...

 

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Commandant (WPM-60)

U.S. Coast Guard Headquarters
Washington, DC 20593-0001

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Page 2 of 4 Pages
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DEPARTMENT OF THE AIR FORCE
75'4 SECURITY FORCES SQUADRON (AFMC)
HILL AIR FORCE BASE, UTAH

 

FEB 2 4 1999

MEMORANDUM FOR AB (a

FROM: 75 SFS/CC
SUBJECT: Notification Letter

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

2. My reasons for this action are:

a. On or about 17 February 1999, you wrongfully engaged in underage drinking, then
reported for duty with alcohol in your system. As a result of this misconduct this administrative
discharge action was initiated. (Atch 1a)

b. On or about 4 January 1999, you indicated to another airman that you were smoking
marijuana in your dormitory room. After testing negative for marijuana on a urinalysis, it was
determined that you were joking about the incident. For this misconduct you received a letter of
counseling, dated 21 January 1999. (Atch 1b)

c. Onor about 17 October 1998, you wrongfully consumed alcohol while under the age of
21. For this misconduct, you received an Article 15, dated 13 November 1998. (Atch Ic)

d. Between on or about 20 June 1998 and 24 July 1998, you wrongfully consumed alcohol
on two separate occasions while under the age of 21. You also made a false official statement by
denying one of these incidents. For this misconduct you received a letter of reprimand, dated 24
July 1998 and an unfavorable information file was established on 31 July 1998. (Atch 1d)

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 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.
Pp2cos -20 F335

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

Ihave made an appointment for you to consult with thg’Area Defense Counsel, Captain QR
at building 1205, on [Mor ?7 a /000. Yo 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 7 WH FF , 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 the physical exam
section of the base hospital on 25 FEB FF, bebneen1 300 and-t506 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 unit orderly room.

Attachments:

1. a. MER, dtd 19 Feb 99
b. LOC, dtd 21 Jan 99
c. Article 15, dtd 13 Nov 98/Response/A ppeal/Transmittal Letter
d. LOR, dtd 24 Jul 98/Response/AF Form 1058, dtd 31 Jul 98

2. Airman’s Receipt of Notification Letter