r 
. I NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

I  GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

I 

I  RECORD REVIEW 

Florida Department of Veteran's Affairs 

MEMBER SITTING 

ISSUES  A93.01 

MDEX NUMBER  A67.10 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

1  22 Apr 2004 

Case heard at Fort Gillem, GA, via video-teleconference with Andrews AFB, MD. 

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR. 

I 

AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

Previous edition will be used 

2 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00327 

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  appeared  and  testified  before  the  Discharge  Review  Board  (DRB)  with  counsel  at  Fort 
Gillem, GA, via video-teleconference with  Andrews AFB,  MD,  on  April  22, 2004.  Mr. 60)'applicant9s 
father, also appeared and testified on behalf of his son. 

The following additional exhibits were submitted at the hearing: 
Exhibit 6:  Cumberland University Acceptance Letter 
Exhibit 7:  Cumberland University Registration Verification 
Exhibit 8:  Cumberland University Scholarship Document 
Exhibit 9:  Character Reference Letter from Mr. HSG, Prime Outlets 

d 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of, change of reason and authority for discharge, and change of reenlistment code 
are denied. 

Issues.  Applicant was discharged for misconduct, minor disciplinary infractions.  Member received a Letter 
of  Counseling,  a  Record  of  Individual  Counseling,  two  Letters  of  Reprimand,  and  an  Article  15  for 
misconduct.  His  infractions  included  failing to  complete  his  technical  school  homework  on  numerous 
occasions, failing to follow rules and regulations, and underage drinking.  Applicant feels his discharge was 
too  harsh  because he  was  young  and  immature and  was  initially  selected for a  difficult  career field  for 
which  he  wasn't  mentally  prepared.  Although  applicant  accepts  full  responsibility  for  his  actions  and 
admitted what he did was wrong, he feels it wasn't  worthy of a discharge.  The Board noted that applicant 
was  washed  back  in  Basic Military  Training  (BMT),  was  disenrolled from his  first  technical  school for 
disciplinary and administrative reasons,  and  subsequently was recommended for administrative discharge 
while in his second technical training school for multiple  infractions.  The Board noted applicant was  age 
19 when discharged, essentially the same age as most  first term  airmen who  successfully complete their 
enlistments without misconduct.  There was no evidence he did not know right from wrong or was unable 
to correct his behavior.  Thus the Board found applicant's  contention without merit.  The Board noted that 
applicant had three opportunities in different training environments to correct his behavior but was unable 
or unwilling to do so.  The Board could find no inequity or impropriety in the discharge action during the 
course of the records review or the testimony 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 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 REVIEW BOARD 

ANDREWS AFB, MD 

(Former AlC)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 17 Jun 03 UP AFI 36- 
3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, to Change the RE Code, Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 22 Dec 83.  Enlmt Age: 18 0112.  Disch Age: 19 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-96,  E-90,  G-88,  M-72. PAFSC: 2A713 -  Aircraft Structural 
Maintenance Helper. DAS: 11 Jan 03. 

b.  Prior Sv:  (1) AFRes 26 Dec 01 -  5 Aug 02 (7 months 11 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  6 Aug 02 for 6 yrs. Svd: 0 Yrs 10 Mo 12 Das, all AMS. 
b.  Grade Status:  A1C -  21 Feb 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 12 May 03, Pensacola NAS, FL -  Article 92.  You, who 

knew or should have known of your duties, on or about 29 
Mar 03, were derelict in the performance of those duties 
in that you willfully failed to refrain from consuming 
alcoholic beverages while under the legal drinking age 
of 21 and from possessing alcoholic beverages in the 
dormitory, as it was your duty to do.  You, who knew or 
should have known of your duties, on or about 15 Apr 03, 
were derelict in the performance of those duties in that 
you willfully failed to refrain from possessing 
cigarettes in the dormitory while in Phase I, as it was 
your duty to do.  Forfeiture of $300.00 pay, 30 days 
restriction, and 30 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 24 MAR 03 -  Dereliction of duty. 

LOR, 05 MAR 03 -  Eating in class, wearing jewelry, and 

RIC, 27 FEB 03 -  Failure to follow rules and regulations. 
LOCI 16 DEC 02 -  Failure to complete assigned homework. 

disrespect to the class leader. 

f.  CM:  None. 

g .  Record of SV: None. 

(Discharged from Sheppard AFB) 

h.  Awards  &  Decs:  AFTR, NDSM. 

i.  Stmt of  Sv:  TMS:  (1) Yrs  (5) Mos  (23) Das 

TAMS:  ( 0 )   Yrs  (10) Mos  (12) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD F'm  293) dtd 11 Jul 03. 

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. Character Reference. 

DEPARTMENT OF THE AIR  FORCE 
AIR  EDUCATION  AND TRAINING COMMAND 

I 

- 

- 

MEMORANDUM FOR h

l

A

361 TRSlDET 2 

 

FROM:  361 TRS/DET 2 CC 

230 Chevalier Field Avenue Suitc A 
NAS Pensacola FL  32508-5 1426 1 TRS, DET 2/CC 

SUBJECT: Notification Memorandum 

1.  I am recornmcnding your discharge fbm 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 under honorable 
conditions (general).  1 am recommending that your sentice be characterized as under honorablc 
conditions (general). 

2.  My reasons for this action are: 

a.  YOU, who knew or should have known of your duties at or ncar Naval Air Station 

Pcnsacola , Florida, on or about 29 Mar 03, wete derelict In the performance of those duties in 
that you willfully failed to r e h i n  from consuming alcoholic beverages whilc under the legal 
drinking age of 2 1 and from possessing alcoholic beverages in the dormitory, as it was your duty 
to do.  For this misconduct and subparagraphs '8," below, you rcceived Article 15 punishment 
on 12 May 03. 

b.  You, who kncw or should have known of your duties at or near Naval Air Station 

Pcnsacola Florida, on or about 15 Apr 03, werc derelict in thc performance of those duties in that 
you willfully failed to refrain from possessing cigarettes in the dormitory whilc in Phase I, m it 
was your duty to do. 

c.  You, who knew or should have known of your duties at or near Naval Air Station 

Pcnsacola Florida, on or about 19 Mar 03, were derelict in the performance of those duties in tbat 
you willfhlly failed to refrain from reading non-technical material while in mandatory study, as it 
was your duty to do. For this misoonduct  you received a Letter of Reprimand (LOR) on 
24 Mar 03. 

d.  You, who kncw or should havc known of your duties at or near Naval Air Station 

Pensa.cola Florida, on or about 24 Jan 03, were daelict in the performance of those duties in that 
you willfully failed to refrain from eating in class and flipping off the class leader, as it was your 
duty to do. For this misconduct and subparagraphs "e"  and "f' below, you received a11 LOR on 
5 Mar 03. 

FRX  NO. 

:88-9227476 

Jun.  UZ  ZWJ UJ:  dypm  PJ 

c.  You, who knew or should have known of your duties at or near Naval Air Station 

Pe11.sncola Florida, on or about 1 1 Feb 03, were derelict in the performance of those duties in that 
you willfully failed to refrain from eating in class, as it was your duty to do. 

f. You, who knew or should have known of your duties at or near Naval Air Station Pensacola 

Florida, on or about 24 Feb 03, were derelict in the performance of those dutics in that you 
willfully failed to refrain from wearing jewelry while in the laboratory. 

g.  You, who h e w  or should have known of your dutics at or near Naval Air Station 

Pensacola Florida, on or about 26 Fcb 03, wcrc derelict in thc performance of those dutics in that 
you willfully failed to refrain from moving while in formation, as it was your duty to do.  For this 
misconduct and snbparagraphs "h" and 'T" below,  you received an AF Form 174, Record of 
Individual Counseling on 27 Feb 03. 

h.  You did, at or. near Naval Air Station Pensacola Florida, on or about 26 Feb 03, fail to go 

at the prescribed time, to your appointed place of duty. to wit:  formation. 

i. You, who knew or should have known of your duties at or near Naval Air Station 

Pensacola Florida, wcrc dcrelict in the performance of those duties in that you failed to shave, a9 
it was your duty to do. 

j,  YOU, who knew or should havc known of your duties at or near Presidio of Monterey 
California, on or about 5 Dec 02, were derelict in the performance of those dutics in that you 
willfully failed to complete your assignd homework, as it was your duty to do. For this 
n~isconduct you received an LOC on 16 Dec 02. 

Copies or the documents to bc 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 Air Force and, if you are 
discharged, how your service will be characterized.  lf you arc discharged, you will be ineligible 
for rmnlistment in the Air Force and will probably be denied enlistment in any component of the 
armed forces. 

3. You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
You will contact Sheppard Air Force Base Area Defense Counsel at DSN 736-21 86 at !'&hrs 
on ~ I U *  07 to rezeive legal counsel assistance.  You may consult civilian counsel at your own 
expense. 

- 

' 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 5 Jun 03 unless you request and rcceive an 
extension for good causc shown.  I will send them to the separation authority. 

5.  If you fail to consult counsel or submit statements in your own behalf, your failure will 
constitute a waivcr of your right to do so. 

Sou werc scheduled for a medical examination. You reported to the NATTC mcdical clinic at 

4745 on 13 May 03 for the examination. 

6. 

7.  Any personal information you firnish in rebuttal is covered by the Privacy Act Statement of 
1974.  A copy of AFI 36-3208 is available for your use in the Detachment command section, 
Bldg 3460. 

8.  Execute the attached acknowledgment and return it to 

Commander 

Maj, USAF 

Attachments: 
1.  AF Form 3070,12 May 03 

. 

25 Apr 03 

6.  MFR, TS-, 
7.  AFForm 1'364, AB 
8.  AFForm  1168,AB 
9.  AFForm 1168, A 
I  0. LOR, 24 Mar 03 
1 1. MFR, SS~- 
28 May 03 
I 2. AETC Form 341'19 Mar 03 
13. LOR, 5 Mar 03 
14. MFR SSg 
15. AETC Form 341,24 Feb 03,11 Feb 03.24 Jan 03 
1 6. AF Form 174,27 Feb 03 
17. AETC Form 34 1,25 Feb 03 
1 8. AETC Form 34 1,13 Feb 03.10 Feb 03,s Feb 03.30 Jan 03 
19. LOC, 1 6 Dec 02 
20. AF Form  1254 29 Apr 03 
21. AETC Fom 156,0301 16 
22. AF Form 125A, 12 Dec 02 
23. LNFB Form 205,2 Oct 02 
24. Airman's Receipt of Notification Memorand 

28 May 03