I<  ' 
' I  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

I  AB 

I  RECORDREVIEW 

I X 
I ADDRESS AND OR ORGANIZATION OF COUNSEL 

I 

I 

MEMBER SITTING 

I 

HON 

I 

GEN 

I  UOTHC 

I  OTHER 

I  DENY 

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1 
2 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPERANCE 

I 

I 

HEAIUNG DATE 
06 Jan 2004 

CASE NUMBER 

1 -- 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout counsel, and the right to 
submit an application to the AFBCMR 

SAFIMRBR  u 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 1504742 

SECRETARY OF THE AIR FORCE PERSONNEL C O U N C n  
AIR FORCE DISCHARGE REVIEW  BOARD 
IS35 COMMAND DR. EE H WC, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00474 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for her discharge, and to change her reenlistment code. 

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, change of reason and authority for  discharge, and reenlistment code 
change are 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. 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  Applicant was discharged 
for minor disciplinary infractions.  She had an Article  15 and two Letters of Reprimand.  Her misconduct 
included three under-age drinking incidents, making a false official statement, and assaulting a civilian.  In 
spite of participating in a drug and alcohol rehabilitation program, member's misconduct continued.  At the 
time of the discharge, member consulted counsel and  submitted a statement in her own behalf requesting 
probation and rehabilitation,  or in the alternative an honorable discharge.  The Board noted member was 
given several opportunities to correct her behavior but was either unwilling or unable to do so.  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. 

Issue 2.  Applicant contends that she should not be penalized indefinitely for a mistake she made when 
young.  The DRB recognized the applicant was 18 years of age when the discharge took place.  However, 
there is no evidence she was immature or did not know right from wrong.  The Board opined the applicant 
was as old as 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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AMN) 

FD2003-00474 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 18 Aug 03 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 14 Jul 84.  Enlmt Age: 18 2/12.  Disch Age: 19 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-44,  E-39,  G-37,  M-32. PAFSC: 3A031 -  Information Management 
Apprentice. DAS: 19 Jul 02. 

b.  Prior Sv: (1) AFRes 25 Sep 01 -  25 Feb 00 (5 months 1 day) (~nactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  26 Feb 02 for 4 yrs. Svd: 1 Yrs 5 Mo 24 Das, all AMS. 

b.  Grade Status:  AB  -  14 Apr 03  (Article 15, 14 Apr 03) 

A m  -  26 A u ~  02 

c.  Time Lost:  None. 

d.  Art 15,s:  (1) 14 Apr 03, Wright-Patterson AFB, OH -  Article 92.  You, 
were, on or about 20 Mar 03, derelict in the performance 
of your duties in that you failed to refrain from 
consuming alcoholic beverages while under 21 yrs of age, 
as it was your duty to do.  Article 107.  You, did, on 
or about 21 Mar 03, with intent to deceive, make to SSgt 
an official statement, to wit: "1 can't 
remember what happened the night of 20 Mar 03," or words 
to that effect, which statement was totally false, and 
was then known by you to be so false.  Reduction to AB, 
and 14 days extra duty.  (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 29 MAY 03 -  Assaulting a civilian and underage 

LOR, 21 NOV 02 -  Consuming alcohol under the legal age. 

drinking. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Wright-Patterson AFB) 

h.  Awards &  Decs:  NDSM, BMTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (10) Mos  (25) Das 

TAMS:  (1) Yrs  (5) Mos  (24) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 1 Oct 03. 

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

for Discharge) 

Issue 1:  I feel that the punishment given was sufficient and that to give 

me a general discharge was unfair.  I want to continue my military career in the 
Air Force Reserve and would like to have my discharge upgraded to honorable so 
that I my continue my career. 

I was young and made some mistakes which I have apologized for, but do not feel 
that I should be penalized for the rest of my life. 

ATCH 
1. Response to Administrative Discharge Action. 
2. DD Form 214. 
3. AF Form 100. 

DEPARTMENT O F  T H E  A I R   FORCE 

HEADQUARTERS  8 8 T H  AIR  BASE WING ( A F M C )  

WRIGHT-PATTERSON  AIR  FORCE  BASE OHIO 

FROM:  88 CSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct - Minor 
Disciplinary Infractions, paragraph 5.49.  The authority for this action is AFFD 36-32 and AFI 
36-3208.  If my recommendation is approved, your service will be characterized as under 
honorable conditions (general). 

2.  My reasons for this action are: 

a.  On or about 24 Sep 02, a Security Forces investigation revealed that you, on numerous 

occasions, consumed alcohol while being underage.  This is in violation of Article 92 of  the 
Uniform Code of Military Justice.  For this you received a Letter of Reprimand dated 21 Nov 02, 
and an Unfavorable Information File was established. 

b.  On or about 20 Mar 03 and 21 Mar 03, you again failed to refrain from consuming 

alcohol while underage and made a false official statement. This is in violation of Articles 92 
and 107 of the Uniform Code of  Military Justice.  For this you received an Article 15, annotated 
on DD Form 3070, dated 22 Apr 03. 

c.  On or about 4 May 03, you once again consumed alcohol, underage, and were accused 
of assault.  This is in violation of  Articles 92 and 128 of the Uniform Code of Military Justice. 
For this you received a Letter of Reprimand dated 29 May 03 and this discharge action was 
initiated. 

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

Defense Counsel, Building 199, Kittyhawk 
has been obtained to assist you.  An 

4.  Military legal counsel, captain-~rea 
Area, Wright-Patterson AFB, OH, (937)- 
appointment has been scheduled for you to consult her on 24 Jul03 at 1400. Instead of  the 
appointed counsel, you may have another, if the lawyer you request is in the active military 
service and is reasonably available as determined according to AFI 51-201, Administration of 
Military Justice.  In addition to military counsel, you have the right to employ civilian counsel. 
The Air Force does not pay expenses incident to the employment of civilian counsel.  Civilian 
counsel, if employed, must be readily available. 

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 working days of your receipt of this 
letter, unless you request and receive an extension for good cause shown.  I will send your 
statements 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 must schedule yourself for a medical examination through Tricare or your Primary Care 
physician. 

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. 

Commander 

Attachments: 
I.  Letter of Reprimand, 21 Nov 0 2  
2.  AFForm 1058,21 Nov02 
3.  DD Form 3070,22 Apr 03 
4.  Letter of Reprimand, 29 May 03 
5.  AFFonn 1058,6 Jun03 
6.  Airman's Receipt of Notification