’ AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

     
   
 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 
 

 

 

 

 

 

 

 

 

 

 

   

   

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
PERSONAL APPEARANCE xX RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
ly x
Es x
7h x
—zi_l x
y— X
ISSUES 493.9} INDEXNUMBER 46799 EXHIBITS SUBMITTED
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
21 Nov 2003 FD-2003-00370 PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

 

Re

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 QE-RECORDER

    

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 wil! be used
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2003-00370

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority
for the discharge, and change the 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 discharge and change of
reenlistment code 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 in that he was very
immature at the time of the incidents and he was going through a break up with his girlfriend and had two
deaths in the family. The records indicated the applicant received two Article 15s. One for assault and the
other for reckless driving and breaking restriction. Additionally, he received two Letters of Reprimand for
playing his stereo excessively loud in government quarters and for failure to meet standards in government
quarters. 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. Applicant contends that he should not be penalized indefinitely for a mistake
he made when young. 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 than 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.

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~-00370
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH A1C)
MISSING MEDICAL RECORDS

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 6 Aug 01 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: 20 Oct 80. Enlmt Age: 18 4/12. Disch Age: 20 9/12. Educ: HS DIPL.
APQT: N/A. A-82, E-58, G-55, M-69. PAFSC: 2A333A - Tactical Aircraft
Maintenance Apprentice. DAS: 18 May 00.

b. Prior Sv: (1) AFRes 11 Mar 99 - 31 Aug 99 (5 months 21 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 1 Sep 99 for 6 yrs. Svd: 1 Yrs 11 Mo 6 Das, all AMS.

b. Grade Status: AB - 5 Jun 01 (Article 15, 5 Jun 01)
AlC - 29 Oct 99

c. Time Lost: None.

d. Art 15’s: (1) 5 Jun 01, Edwards AFB, CA - Article 111. You, did, on
or about 1 Apr 01, on Rosamond Boulevard operate a
vehicle, to wit: a passenger car, in a reckless manner,
by driving at a speed in excess of 85 miles per hour in
a 55 miles per hour maximum speed zone. Article 134.
You, having been restricted to the limits of Edwards
AFB, CA, by a person authorized to do so, did, on or
about 1 Apr 01, break restriction. Reduction to AB,
suspended forfeiture of $521.00 pay per month for 2
months, 30 days restriction, 30 days extra duty, anda
reprimand. (No appeal) (No mitigation)

(2) 14 May 01, Edwards AFB, CA - Article 128. did, on
or about 17 Feb 01, unlawfully strike Sra
III on the face with your fist. Suspended reduction to
Airman (conditioned upon completion of hospital
restitution payment of $120.00, payable to the Legal
Office Claims Section), forfeiture of $100.00 pay per
month for 2 months, 30 days restriction, anda
reprimand. (No appeal) (No mitigation)

e. Additional: LOR, 15 FEB 01 - Playing stereo excessively loud in
FD2003-00370

government quarters.
LOR, 04 JAN 01 - Failure to meet standards in government
quarters.

£. CM: None.

g. Record of SV: 1 Sep 99 - 30 Apr 01 Edwards AFB 2 (Initial) REF
(Discharged from Edwards AFB)

h. Awards & Decs: AFTR, MBOB.

i. Stmt of Sv: TMS: (2) Yrs (4) Mos (27) Das
TAMS: (1) Yrs (11) Mos (6) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 30 Jul 03.
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge)

Issue 1: Mr GF 2.1: to reenlist in the Air Force and needs his
discharge upgraded to Honorable.

Issue 2: He was very immature at the time of incidents, reason (sic) break
up with girlfriend and 2 deaths in family (Cousins).

Issue 3: He realizes he made some childish mistakes and wishes to return to
military and needs his discharge upgraded. The incidents are listed playing
stereo too loud, scratching tires on Post, fight with another airman, and room
did not pass inspection.

ATCH

1. VA Counsel Notification.
2. Notification Memorandum.

3. Article 15.

4. Two Letters of Reprimand.
S. DD Form 214 (Member-1).

4SEP03/ia
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 412" TEST WING (AFMC)
EDWARDS AIR FORCE BASE, CALIFORNIA

   

MEMORANDUM FOR 43g
FROM: 416 FLTS/CCQ
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for a Pattern of
Misconduct (Conduct Prejudicial to Good Order and Discipline). The authority for this action is
AFPD 36-32 and AFI 36-3208, para 5.50.2. If my recommendation is approved, your discharge
will be characterized as either under other than honorable conditions, under honorable conditions
(general) or honorable. I am recommending an under honorable conditions (genera!) discharge.

2. My reasons 5 for discharging you are:
#4

a. On 2 Jan 01, your government quarters was identified as failing to meet minimum
standards, as evidenced by a Letter of Reprimand dated 4 Jan 01. (Atch 1.1)

b. On 9 Feb 01, you were playing your stereo excessively loud after quiet hours, as
evidenced by a Letter of Reprimand dated 15 Feb 01. (Atch 1.2)

 

c. On 17 Feb 01, you unlawfully struck ® Boon the face with your fist,
as evidenced by an AF Form 3070 (Article 15) dated 14 Mar O1. (Atch 1.3)

d. On 1 April 01, you operated a vehicle in a reckless manner and having been restricted to
the limits of Edwards AFB, broke restriction, as evidenced by an AF Form 3070 (Article 15)
dated 5 Jun 01. (Atch 1.4)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising special court-martial convening
authority (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.
I have made an appointment for you to consul at Bldg 2670 on 2 Jufo/ at

{620 _. Youmay 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 (6 Jul {unless you request and receive
an extension for good cause shown. I will send them to the separation authority.
FD ZOOS - PO SZO

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
Examination Section, Flight Surgeon's Office, Bldg 3925 at 07300n_[b $ vf Ol 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.
PN ee

 
 
 

wet dea, ta

Squadron Section Commander

 

Attachments:

1. Supporting Documentation

1.1 LOR dated 4 Jan 01

1.2 LOR dated 15 Feb 01

1.3 AF Form 3070 (Article 15) dated 14 Mar 01

1.4 AF Form 3070 (Article 15) dated 5 Jun 01

2  Airman's Receipt of Notification/Recoupment Memorandum
3 Airman’s Statement