AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

   
 
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFSN/SSAN
TYPE GEN [|X PERSONAL APPEARANCE RECORD REVIEW
___ COUNBEL, NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL.
ws ~ Texas Veterans Commission
xX
eo  VOTEOF THE BOARD
| HON GEN UOTHC OTHER
ee x
X
x
Xx
x
ISSUES 467.09 INDEX NUMBER A67.00 be: 2? EXHIBITS SUBMITTED TO THE BOARD. CRs
A94.54 A67.09 b_| ORDER APPOINTING THE BOARD
:!
| A92.36 A92,36 2 | APPLICATION FOR REVIEW OF DISCHARGE
A94,54 3 | LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE CASE NUMBER
16 Nov 2004 FD-2004-00101

 

 

APPLICANTS ISSUE AND THE BOARD'S DECISIONAL RATIONAL AREAH FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE : -

| Case heard at Washington, D.C. via video teleconferencing with Randolph AFB, TX.

     

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

 

 

 

 

Tao. a FROM:
SAE‘MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
cen : ite AIR FORCE DISCHARGE REVIEW BOARD
$50 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MB 20762-7002

i

 

 

AFHQ FORM 0-2077, JAN 00 {EF-V2) Previous edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | £p_5994-90101

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

The applicant exercised his right to make a personal appearance before the Discharge Review Board (DRB).
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 are 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. The records indicated the applicant
received an Article 15 and four Letters of Reprimand for misconduct. While the applicant contends that
these incidents are very minor, the applicant did not contest the underlying facts. It is the conclusion of the
DRB that the applicant’s misconduct provides a sufficient basis for discharge. He confirmed that he was
given notice of these administrative actions and that he was afforded an opportunity to respond. The DRB
opined that through these administrative actions, the applicant had ample opportunities to change his
negative behavior. The Board concluded that while the applicant’s service was generally honest and faithful,
a general under honorable conditions service characterization is warranted because significant negative
aspects of the applicant’s conduct outweighed positive aspects of his military record. Accordingly, the
characterization of the discharge received by the applicant was found to be appropriate.

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, to change the reason or authority of discharge, or to change reenlistment code. Thus
the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2004-C00101

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

(Former AB) (HGH AlC}

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr Sheppard AFB, TX on 10 dun 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: 20 Aug 83. Enlmt Age: 18 0/12. Disch Age: 19 9/12. Educ: HS DIPL.
AFOT: N/A. A-69, E-70, G-72, M-57. PAFSC: 2A333A - Tactical Aircraft
Maintenance Helper.
DAS: 7 Oct Q2.

b. Prior Sv: (1) AFRes 24 Aug 91 - 19 Aug 02 (11 months 27
days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 20 Aug 02 for 6 yrs. Svd: 0 Yrs 9 Mo 22 Das, all AMS.

b. Grade Status: AB - 11 Apr 03 (Article 15, 11 Apr 93)
A1C - 4 Oct O02

ce. Time Lost: None.

d. Art 15's: (1) 11 Apr 03, Sheppard AFB, TX - Article 92. You, who
knew or should have known of your duties, on or about 8
Mar 03, were derelict in the performance of those duties
in that you willfully failed to refrain from consuming
alcohol beverages while under the legal drinking age of
21, ag it was your duty to do. Article 111. You did,
on or about 9 Mar 03, at the main gate at Sheppard AFB,
physically control a vehicle, to wit: a passenger car
while drunk. Reduction to AB, and a reprimand.
{No appeal) (No mitigation)

e. Additional: LOR, UNDATED - Disrespect towards CQ wing guard.
LOR, 22 APR 03 - Violation of phase program.

LOR, UNDATED - Violation of phase program.
LOR, UNDATED - Smoking during duty hours.

f. CM: None.

q. Record of SV: None.

h. Awards & Decs: AFTR, NDSM.
FD2004-00101

1. Stmt of Sv: TMS: (1) Yrs (9) Mog (18) Das
TAMS: (0) Yrs (9) Mos (22) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 19 Mar 04.

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

Issue 1: My name is ene 225 I am writing in reference to

my seperation (sic) from the United States Air Force. My wishes are to have my
Gischarge upgraded from (General) under hohorable conditions to honorable. If
this 1s not possible I would like to have my re-entry code wpgraded so that I
may re-enlist into another branch of the military. Please take my request on
this matter into consideration, they are of much importance to me. Thank you.

ATCH
None.

9APRO4/ia
PD20°¢-00 LA

DEPARTMENT OF THE AIR FORCE |
AIR EDUCATION AND TRAINING COMMAND

 

   

tag MAY 29 2003

MEMORANDUM FOR AB
FROM: 362 TRS/CC

SUBJECT: Notification Memorandum

1. [am 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 under honorable
conditions (general), I am recommending that your service be characterized as under honorable

conditions (general).

2. My reasons for this action are:

wah cn were, at or near Sheppard AFB TX, on or about 19 Apr 03, disrespectful ed

b. You, who knew or should have known of your duties at or near Sheppard AFB TX, on or
about 16 Apr 03, were derelict in the performance of those duties in that you failed to remain in
proper military uniform and not wear civilian clothes, as it was your duty to do. For this
misconduct and subparagraph “c” below, you received an LOR on 22 Apr 03.

c. You, who knew or should have known of your duties at or near Sheppard AFB TX, on or
about 16 Apr 03, were derelict in the performance of those duties in that you failed to refrain

from operating a privately owned vehicle (POV), as it was your duty to do.

d. You, who knew or should have known of your duties at or near Sheppard AFB TX, on or
about 14 Apr 03, were derelict in the performance of those duties in that you failed to remain in
proper military uniform and not wear civilian clothes, as it was your duty to do. For this

misconduct you received an LOR.

e. You, who knew or should have known of your duties at or near Sheppard AFB TX, on or
about 14 Apr 03, were derelict in the performance of those duties in that you failed to refrain
from smoking, as it was your duty'to do. For this misconduct you received an LOR.

f; You, who knew or should have known of your duties at or near Sheppard AFB TX, on or
about 8 Mar 03, were derelict in the performance of those duties in that you willfully fatled to
refrain from consuming alcoholic beverages while under the legal drinking age of 21, as it was
your duty to do. For this misconduct and subparagraph “g” below, you received Article 15

punishment on 11 Apr 03.
Fp Lo0¢- COL Of

g. You did} at or near Sheppard AFB TX, on or about 9 Mar 03, at the main gate at Sheppard
AFB, physically control a vehicle, to wit: a passenger car while drunk.

Copies of the documents to be 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. If you are discharged, you will be ineligible for
reenlistment in the Air Force and will probably be denied enlistment in any component of the
armed forces. Any special pay, bonus, or education assistance funds may be subject to

recoupment.

3. You have the right to consult counsel. Militaggleca) counsel has been obtained to assist you.

Ihave made an appointment for you to consuMgwect building 1638 on $2? Mag €3 at
}4yvo . 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 JUN 03 2067 unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

5. 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.

6. You have been scheduled for a medical examination. You must report to the 82d Medical
Group, Bldg 1200, Physical Examinations, atg3#6. on Z2 Dune@D3.

7. Any personal information you furnish in rebuttal 1s covered by the Privacy Act of 1974. A
copy of AFI 36-3208, is available for your use in the Commander’s Support Staff Office.

8. Execute the attached acknowledgment and return it to me immediately.

Attachments:
LOR, undated
AF Form 1058, 22 Apr 03, w/latch
MER, 22 May 03
LOR, 22 Apr 03
LOR, undated
LOR, undated

 

DAWN oe
ete! 1 Mar 03
i Mar 03
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9. AF Form 1168 a
10. AF Form 1168,
11. AF Form 1168, 4a
12, AF Form 3070, 11 Apr 03
13. Incident Report Summary, 12003030049
14. DD Form 2708, 9 Mar 03

15. DD Form 2708, 9 Mar 03

16. DD Form 2708, 9 Mar 03

17. MFR, gies 9 Mar 03

18. 82 SFS/CSF' Memo, 9 Mat 03

19. 82 SFS/CSF Merho, 9 Mar 03

20. Field Sobriety Test Worksheet, 9 Mar 03
21. AF Form 1168, ? Mar 03
22. 82 SPTG/CC Memo, 9 Mar 03
23. DD Form 1920, sia Mar 03
24. DD Fonn 1920, peeo Mar 03
25, AF Form 1168, 89 Mar 03
26. AF Form 1168, a mo Mar 03
27. AF Form 1168, Mar 03
28. Intoxilyzer Report, 9 Mar 03
29. Student Training Report, 03074
30. LAFB Form 205, 30 Sep 02
31. Airman’s Receipt to Notification Memorand a