, 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

GRADE 

1  AMN 
I 
I  X 

I 

I 

I 

AFSNtSSAN 

RECORDREVIEW 

ADDRESS AND OR ORGANIZATION  O F  COUNSEL 

MEMBER SITTING 

I 

HON 

I 

GEN 

I  UOTHC 

I  OTHER 

I  DENY 

1 

ISSllES 

A94.53 

ISDEY NllhlBER 

A67.10 

HEARlNG DATE 

28 Jul2004 

CASE NUMBER 

FD-2004-00143 

Case heard at Washington, D.C. 

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 

TAPE RECORDING  OF PERSONAL APPEARANCE 

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

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

I 

AFHQ FORM 0-2077, JAN 00 

I  FROM: 

I 
1 
(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVlCW BOARD 
IS35 COSI.WAND  D R  EE WIYG. 3KD FLOOR 
ANDREWS AFB, ~ 6 2 0 7 6 2 - 7 0 0 2  

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

F~-2004-00143 

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:  Applicant  was discharged for minor disciplinary infractions.  The records  indicated the applicant 
received  an  Article  15 and  two  Letters  of  Reprimand  for  misconduct  involving  two  underage  drinking 
incidents, an assault upon a female airman, and a failed dorm room inspection.  Member participated in the 
Alcohol and Drug Abuse Rehabilitation Program twice, the second time being diagnosed alcohol dependent. 
At the time of the discharge member waived his right to consult with counsel and to submit statements in his 
own  behalf.  The  DRB  opined  that  through  the  unit's  administrative  actions,  the  applicant  had  ample 
opportunities to change his negative behavior but was unwilling or unable to do so.  The Board concluded 
the misconduct was a significant departure from conduct expected of all military members and therefore the 
characterization of the discharge received by the applicant was 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, 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 AlC) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Kirtland AFB, NM on 26 Jun 03 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 
2 .  BACKGROUND : 

a. DOB: 28 Feb 83.  Enlmt Age: 17 1/12.  Disch Age: 20 3/12. Educ: HS DIPL. 
AFQT: N/A.  A-51,  E-56,  G-41,  M-44. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 7 Dec 01. 

b.  Prior Sv: (1) AFRes 25 Apr 00 -  9 Jul 01 (1 yr 2 months 15 

days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

Enlisted as A1C 10 Jul 01 for 6 yrs. Svd: 1 Yrs 11 Mo 17 Das, all AMS. 

Grade Status:  Amn -  20 May 03  (Article 15, 20 May 03) 

Time Lost:  None. 

Art  15's:  (1) 20 May 03, Kirtland AFB, NM  -  Article 128.  You, did, 

on or about 28 Apr 03, unlawfully strike A1 
in the face with your fist.  Article 

a person under the age of 21 years of age, on or 

about 28 Apr 03, wrongfully and knowingly consume 
alcoholic beverages in violation of New Mexico statues 
annotated, Section 60-7B-1 as assimilated into Federal 
Law by 18 U.S.C. Section 13, also in violation of 
Article 134 of the Uniform Code of Military Justice. 
Reduction to Airman, 30 days restriction and 45 days 
extra duty. (No appeal)  (No mitigation) 

Additional: LOR, 13 DEC 02 -  Failed dorm room inspection. 

LOR, 26 JUL 02 -  Underage drinking. 

CM:  None. 

Record of SV: 10 Jul 01 -  15 Jan 03  Kirtland AFB  3  (HAF Dir) 

Awards &  Decs:  NDSM. 

Stmt of Sv:  TMS:  (3) Yrs  (2) Mos  (4) Das 

TAMS: (1) Yrs  (11) Mos  (17) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Apr 04. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
1. Vocational Certificate 

DEPARTMENT OF THE AIR FORCE 

377th SECURITY FORCES SQUADRON (AFMC) 

KIR'TLAND AIR FORCE BASE NEW MEXICO 

MEMORANDUM FOR A

M

N

F

 

FROM:  377 SFS/CC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for misconduct, 
specifically, minor disciplinary infractions.  The authority for t h s  action is AFPD 36-32, Military 
Retirements and Separations (14 Jul93) and AFI 36-3208, Administrative Separation of  Airmen, 
paragraph 5.49 (10 Mar 00).  If my recommendation is approved, your service will be 
characterized as Honorable, General (Under Honorable Conditions), or Under Other Than 
Honorable Conditions.  I am recommending that your service be characterized as General (Under 
Honorable Conditions). 

2.  My reasons for this action are: 

a.  On 26 Jul02, you received Letter of Reprimand for underage drinking. (Atch A) 

b.  On 13 Dec 02, you received a Letter of Reprimand for failing your room inspection and 

reinspection.  (Atch B) 

c.  On 20 May 03, you received punishment under Article 15 for striking another airman in the 

face with your fist and underage dmking.  (Atch C) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial 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 will be obtained to assist you. 
The Legal Office will make an appointment for you to consult with the Area Defense Counsel, 
Captai 
counsel at your own expense. 

located in building 20361,8201 K St, ext. 846-5554. You may consult civilian 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me w i t h  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.  The Legal Office will obtain a mandatory medical examination for you at the 377th Medical 
Group (Family Practice), and a Pre-Separation Counseling appointment with Family Support. 

8.  Any 
copy of AFI 36-3208 is available for your use in your unit orderly room. 

information you furnish in rebuttal is covered by the Privacy Act of 1974. A 

Commander 

Lt Col, USAF 

Attachments: 
1. Supporting Documents (Atchs A-C) 
2. Airman's Acknowledgment