NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

 

| PERSONAL APPEARANCE

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APPLICATION FOR REVIEW OF DISCHARGE

 

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BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

HEARING DATE CASE NUMBER

21 Nov 2003 FD-2003-00427

 

PLICANT'S ISSUE AND

 

Case heard at Washington, D.C.

submit an application to the AFBCMR

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

PERSONAL APPEARANCE

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE

ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BO. ) DECISIONS Q

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

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 FD-2003-00427

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

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. 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. The records indicated applicant received an
Article 15 for drinking alcoholic beverages while under the age of 21. He also received a Vacation action
under the UCMJ for providing alcohol to a minor. Additionally, he received five Letters of Reprimand and
four Records of Individual Counseling for receiving a parking ticket, a traffic ticket, financial
irresponsibility, being late for work repeatedly, making a false official statement, failure to go and failure to
attend a mandatory appointment. The DRB opined that through these administrative actions, the applicant
had ample opportunities to change his/her negative/repetitive behavior. The Board concluded the
disciplinary infractions were a significant departure from the conduct expected of all military members. The
Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.

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
FD2003-00427
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 27 Mar 01 UP AFI 36-

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

2. BACKGROUND:

a. DOB: 30 Oct 79. Enlmt Age: 17 10/12. Disch Age: 21 4/12. Educ: HS DIPL.
AFOT: N/A. A-23, E-58, G-48, M-50. PAFSC: 2A651A - Aerospace Propulsion Jet
Engines Journeyman. DAS: 5 Nov 98.

b. Prior Sv: (1) AFRes 16 Sep 97 - 26 May 98 (8 months 11 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 27 May 98 for 4 yrs. Svd: 2 Yrs 10 Mo 1 Das, all AMS.

b. Grade Status: AMN - 14 Nov 00 (Vacation of Article 15, 2 Mar 01)
A1C - 27 Sep 99
AMN ~- 27 Nov 98

c. Time Lost: None.

d. Art 15's: (1) 2 Mar 01, Vacation, Eglin AFB, FL - Article 92. You,
who knew of your duties, on or about 29 Jan 01, were
derelict in the performance of those duties in that you
willfully failed to refrain from providing alcohol to a
person under the age of twenty-one, as it was your duty
to do. Reduction to Airman. (No appeal) (No mitigation)

(2) 14 Nov 00, Eglin AFB, FL ~ Article 92. You, who knew
of your duties, on or about 22 Oct 00, were derelict in
the performance of those duties in that you willfully
failed to refrain from drinking alcoholic beverages
while under the age of twenty-one, as it was your duty
to do. Suspended reduction to Airman, and 30 days
correctional custody. (No appeal) (No mitigation)

e. Additional: LOR, 13 FEB 01 - Failure to attend a mandatory appointment.

LOR, 10 AUG 00 - Failure to go.

LOR, 07 MAR 0O - Making a false official statement.

LOR, 29 FEB .00 - Late for work.

RIC, 26 JAN 00 - Late for work.

RIC, 14 DEC 99 - Late for work.

LOR, 01 DEC 99 - Armed Forces Traffic Ticket for expired

registration.
FD2003-00427

RIC, 09 NOV 99 - Financial irresponsibility.
RIC, 15 SEP 99 - Parking ticket.

f. CM: None.

g. Record of SV: 27 May 98 - 26 Jan 00 Eglin AFB 3 £({Initial)

(Discharged from Eglin AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (3) Yrs (6) Mos (12) Das
TAMS: (2) Yrs (10) Mos {1) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 18 Jul 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

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DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 33D FIGHTER WING (ACC)
EGLIN AIR FORCE BASE, FLORIDA

 

MEMORANDUM FOR :@sggGGionaiaa

 

3 MXS (ACC)
FROM: 33 MXS/CC

SUBJECT: Notification Memorandum

1. [am recommending your discharge from the United States Air Force for misconduct,
specifically minor disciplinary infractions. The authority for this action is AFPD 36-32 and AFI
36-3208, chapter 5, section H, paragraph 5.49. If my recommendation is approved, your service
will be characterized as honorable, general, or under other than honorable conditions. I am

recommending that your service be characterized as general.

2. My reasons for this action are:

a. On or about 29 Jan 01, you were derelict in the performance of your duties when you
willfully failed to refrain from providing alcoholic beverages to a person under the age of twenty-
one, as it was your duty to do. For this incident, the suspended reduction to the grade of Airman

was vacated, on 2 Mar 01.

b. On or about 13 Feb 01, you failed to go at the time prescribed to your appointed
place of duty. For this incident you received a letter of reprimand, dated 13 Feb 01.

c. On or about 22 Oct 00, you were derelict in the performance of your duties when you

willfully failed to refrain from drinking alcoholic beverages while under the age of twenty-one,
as it was your duty to do. For this incident, you received an Article 15, dated 14 Nov 00.

d. On or about 7 Aug 00, you failed to go at the time prescribed to your appointed
place of duty. For this incident you received a letter of reprimand, dated 10 Aug 00.

e. On or about 10 Jan 00, you made a false official statement, to wit: you stated that
while you were on Jeave you smoked an illegal substance, namely marijuana. For this incident,
you received a letter of reprimand, dated 7 Mar 00.

f. On or about 24 Feb 00 and on or about 25 Feb 00, you failed to go at the time
prescribed to your appointed place of duty. For this incident you received a letter of reprimand,

dated 29 Feb 00.

g. On or about 24 Jan 00, you failed to go at the time prescribed to your appointed
place of duty. For this incident you received a record of individual counseling, dated 26 Jan 00.

h. On or about 14 Dec 99, you failed to go at the time prescribed to your appointed
place of duty. For this incident you received a record of individual counseling, dated 14 Dec 99.

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{3 MARC)
i. On or about 14 Nov 99, you were cited by Eglin Air Force Base Security Forces for
expired registration. This was your fourth Armed Forces Traffic Ticket. For this incident, you
received a letter of reprimand, dated 1 Dec 99.

j. On or about 5 Nov 99, you wrote a check to Network Video without sufficient funds in
your account. For this incident, you received a record of individual counseling, dated 9 Nov 99.

k. On or about 14 Sep 99, you were cited by the Eglin Air Force Base Security Forces for
parking in a prohibited area at the Eglin Federal Credit Union. For this incident, you received a
record of individual counseling, dated 15 Sep 99.

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. Special pay, bonuses, 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 consul tag MMge at building 451, ext. 882-
4185, on 13 Mar 01 at 1500 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 from today 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 on your own behalf, your failure will
constitute a waiver of your right to do so.

7. You will complete a medical examination with the 96th Medical Group on 21 Mar 01 at 0715
hours.

8. You have been scheduled for an appointment with the 96th Mission Support
Squadron, separations section, on 14 Mar 01 at 1330 hours.

9. Immediately after completion of your 96" Mission Support Squadron separations
section briefing report to the 96" Traffic Management Office with your completed AFDTC Form

4134 or LGTT Office Form B133.

10. You are required to receive a briefing from the Family Support Center prior to your
separation. You have been scheduled to receive your Transition Assistance Management
Program (TAMP) briefing on 20 Mar 01 at 0800 hours.
11. 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.

    

Commander, 33 MXS

Attachments:

Supporting Documents

la. Vacation Action, dated 2 Mar 01
1b. LOR, dated 13 Feb 01
Ic. Art 15, dated 14 Nov 00
Id. LOR, dated 10 Aug 00
le. LOR, dated 7 Mar 00
if. LOR, dated 29 Feb 00
ig. ROIC, dated 26 Jan 00
ih. ROIC, dated 14 Dec 99
li. LOR, dated 1 Dec 99

1j. ROIC, dated 9 Nov 99
1k. ROIC, dated 15 Sep 99
Airman’s Acknowledgment