1 :

 
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

1  AMN 

X 

1 

TYPE GEN 
COuNSEL 

PERSONAL APPEARANCE 

RECORD REVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 
X 

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MEMBER SITTING 

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HON 

FEN 

VOTE OF THE BOARD 

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1  OTHER 

1  DENY 

ISSUES  A95.00 

INDEX NUMBER 

A67.50 

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HEARING DATE 

CASE NUMBER 

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'pcg@X!Sp@S s f J 1 ; m g  $@$ew-@O& 

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1  I  ORDER APPOINTNG THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

08 J u n  2004 
APPLICANT'S ISSUE AND TIE B O W S  DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED NR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2004-00110 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout counsel, and t&  ;ight  to 
submit an application to the AFBCMR 

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TO: 

-- 

SAFA4RBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

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: 

INDORSEMENT 

-  . .  

FROM: 

DATE: 6/8/2004 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE  DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00110 

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.  The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant 
substantiates an inequity or impropriety that would justifj 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, a Vacation  action under the  UCMJ,  and  a Record of Individual  Counseling.  The DRB opined 
that  through  these  administrative  actions,  the  applicant  had  ample  opportunities  to  change  his 
negativelrepetitive behavior.  The Board concluded the disciplinary infractions  were a significant  departure 
from the conduct expected of all military members. 

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 AMN)  (HGH A1C) 

FD2004-00110 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr Langley AFB, VA on 28 Jun 95 
UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Oct 74.  Enlmt Age: 18 0/12.  Disch Age: 20 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-Unknown,  E-Unknown,  G-Unknown, M-Unknown. PAFSC: 3C231 - 
Communications-Computer Systems Controller. DAS: 24 Aug 93. 

b.  Prior Sv: (1) AFRes 30 Oct 92 -  14 Jan 93  (2 months 16 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 15 Jan 93 for 4 yrs. Svd: 2 Yrs 5 Mo 14 Das, all AMS. 

b.  Grade Status:  Amn -  20 Jan 95 (Vacation, Article 15, 24 May 95) 

A1C -  15 May 94 
Amn -  15 Jul 93 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 24 May 95, Vacation, Langley AFB, VA -  Article 92.  You 

did, on or about 25 Apr 95, violate a lawful general 
regulation, to wit: paragraph 1.1.2, AFI 34-119, dated 
25 Jul 94, by wrongfully possessing alcohol while under 
the age of twenty-one.  You did, on or about 21 Apr 95, 
violate a lawful general regulation, to wit: paragraph 
2-l(b), AFI 125-14, dated 8 Jul 88, by wrongfully 
driving a motor vehicle on Langley AFB while your 
driver's license was suspended.  You did, on or about 21 
Apr 95, violate a lawful general regulation, to wit: 
paragraph 2-1 (a) (1) , AFI 125-14, dated 8 Jul 88, by 
wrongfully driving your motor vehicle approximately 27 
miles per hour in a posted 15 miles per hour zone.  You, 
who should have known of your duties, on or about 25 Apr 
95, were derelict in the performance of those duties in 
that you willfully possessed a three foot snake in your 
dormitory room, as it was your duty not to do. 
Reduction to Airman.  (No appeal) (No mitigation) 

e.  Additional: RIC, 21 APR  95 -  Financial irresponsibility. 

f.  CM:  None. 

g.  Record of SV: 15 Jan 93 -  14 Sep 94  Langely AFB  3  (Initial) 

h.  Awards &  Decs:  AFOUA, NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  ( 2 )   Yrs  ( 8 )  Mos  (0) Das 

TAMS: (2) Yrs  (5) Mos  (14) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 24 Mar 04. 

(Change Discharge to Honorable) 

FD2004-00110 

NO ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

HEADOUARTERS 1 ST  FIGHTER WING 

LANGLEY N R  FORCE BASE VA 

FROM:  1 CSICCQ 

SUBJECT:  Letter of Notification 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct consisting of conduct prejudicial to good order and discipline.  The authority for this 
action is AFPD 36-32 and AFI 36-3208, Section H, Paragraph 5.50.2.  If my recommendation is 
approved, your service will be characterized as either honorable or general.  I am recommending 
that your service be characterized as general. 

2.  My reasons for this action are: 

You did, at Langley Air Force Base, Virginia, on or about 25 April 1995, violate a 

lawful general regulation, to wit:  paragraph 1.12, Air Force Instruction 34-1 19, dated 
25 July 1995, by wronghlly possessing alcohol while under the age of twenty-one.  (Atch 1) 

You did, at Langley Air Force Base, Virginia, on or about 21 April  1995, violate a 
lawful general regulation, to wit:  paragraph 2-l(b), Air Force Regulation 125-14, dated 8 
July, by wronghlly driving a motor vehicle on Langley Air Force Base while your driver's 
license was suspended. (Atch 1) 

You  did, at Langley Air Force Base, Virginia, on or about 21 April  1995, vioIate a 
lawful general regulation, to wit:  paragraph 2-1 (a)(l), Air Force Regulation 125-14, dated 
8 July  1988, by wronghlly driving your motor vehicle approximately 27 miles per hour in a 
posted 15 miles per hour zone.  (Atch  1) 

You, who should have known of your duties at Langley Air Force Base, Virginia, on or 

about  25 April 1995, were derelict in the performance of those duties in that you willhlly 
possessed a three foot snake in your dormitory room, as it was your duty not to do.  (Atch 1) 

You were, in Hampton, Virginia, on or about 19 November 1994, found drunk on the 
side of a road on Hampton University and were  unable to return yourself to Langley Air Force 
Base, which conduct was of a nature to bring discredit upon the armed forces. 

Copies of the documents to support this recommendation are attached and will be forwarded to 
the separation authority.  The commander exercising SPCM jurisdiction or a higher authority will 
decide whether you will be discharged or retained in the Air Force.  If you are discharged, you 
will be ineligible for reenlistment in the Air Force. 

3.  You have the right to consult counsel.  Military leg 
I have made an appointment for yqu to consult Captain 
Counsel, 56 Willow Street, Suite 101, Ext 5607 at 
civilian counsel at your own expense. 

ined to assist you. 
Area Defense 

hours on 5 June 1995.  You may consult 

4.  You have the right to submit statements in your ow5behalf  Any statements you want the 
separation authority to consider must reach me by 
and receive an extension for good cause shown.  I will send them to the separation authority. 

i) u 6 1995 unless you request 

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 1st Medical 
Group, Physical Exam Section at 0745 hours on 6 June 1995 and at 1400 hours on 6 June 1995 
for the examination. 

7.  Any personal information you hrnish in rebuttal is covered by the Privacy Act Statement as 
explained in AFI 36-3208, Attachment 2.  A copy of AFI  36-3208 is available for your use in the 
unit orderly room. 

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

-  -  - - -  

- 

Section Commander, 1CS 

Attachments: 
1.  Vacation Action, 24 May 1995 
2.  Article 15,24 January 1995