NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
GRADE
AFSNISSAN
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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MEMBER SITTING
1 I ORDER APPOINTING THE BOARD
2 1 APPLICATION FOR REVIEW OF DISCHARGE
1 3
LETTER OF NOTIFICATION
4 ( BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDlTIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
( TAPE RECORDMG OF PERSONAL APPEARANCE
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HEARING DATE
21 Oct 2004
CASE NUMBER
FD-2004-00171
1 Case heard via video teleconference between Travis AFB, CA and Andrews AFB, MD.
, -
Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR.
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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBFR
FD-2004-00171
GENERAL: The applicant appeals for upgrade of discharge to honorable.
The applicant appeared and testified before the Discharge Review Board without counsel via video-
teleconference between Travis AFB, CA, and Andrews AFB, MD on October 2 1, 2004.
The following additional exhibits were submitted at the
Exhibit 5: Character letter dated March 18,2004 fro
Exhibit 6: Character letter dated March 24,2004, fro
Exhibit 7: Character letter dated October 19, 2004,
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 that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUES:
Issue 1. Applicant contends discharge was inequitable because it was too harsh, and that his chain of
command pressured him to accept the discharge. The records reflect the applicant was discharged for
unsatisfactory performance after being eliminated from two different technical training programs.
Additionally, he had received two Articles 15, and a Record of Individual Counseling, all for alcohol-related
incidents. The record disclosed that applicant's commander attempted to afford member a third retraining
opportunity; while that was being worked, member had his third incident, which apparently caused
reconsideration about his retention. A separation versus retention and retraining package was then processed
and the decision authority determined separation to be the most appropriate action, after which the
administrative discharge package was initiated. At that time applicant waived his right to consult counsel or
to submit statements in his own behalf. Thus the Board found applicant's contention that he was pressured
to accept the discharge to be without merit as he didn't avail himself of the procedures provided him to reply
to the discharge. The DRB opined that through the extensive administrative actions taken to retain member
after his first two technical school eliminations, the applicant had ample opportunities to succeed in the Air
Force. Because the purpose of the airman retraining program is to retrain members whose behavior, attitude,
and record of performance show a high probability of success in subsequent duty assignments, his chain of
command apparently eventually reached the conclusion he didn't meet those criteria. Additionally, the
Board concluded applicant's misconduct was a significant enough departure from conduct expected of all
military members to warrant the characterization of discharge applicant received, and found it appropriate.
Issue 2. Applicant contends that he should not bk penalized indefinitely for mistakes he made when young.
The DRB recognized the applicant was 22 years of age when the discharge took place, as old as the vast
majority of first-term members who properly adhere to Air Force's standards of conduct. And, there is no
evidence he was immature or did not know right from wrong. Thus the DRB concluded that the
characterization of the applicant's discharge was appropriate due to his misconduct.
Issue 3. Applicant infers the discharge was inequitable
opportunity to learn from his mistakes and be retained.
gave his chain of command authority to recommend
for further military service. Facts and circumstances arc:
case-by-case basis. In doing so, a commander must
order, discipline, and morale, and also factors such as the
and the standards of acceptable conduct and performance.
the military status of an individual and characterizes his
properly followed in the applicant's case.
2ecause his chain of command did not give him an
The Board notes the discharge regulations clearly
adr~inistratively discharging him based on unsuitability
different in each action and must be judged on a
consider how a member's retention might affect good
member's age, length of service, grade, aptitude,
Administrative separation is an action that severs
service. All required procedures to do so were
CONCLUSIONS: The Discharge Review Board
procedural and substantive requirements of the discharge
discharge authority and that the applicant was provided
co7cludes that the discharge was consistent with the
regulation and was within the discretion of the
full administrative due process.
In view of the foregoing findings the Board further
upgrade of discharge, thus the applicant's discharge sho-ild
not be changed.
con:ludes that there exists no legal or equitable basis for
Attachment:
Examiner's Brief
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DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former A1C) (HGH SRA)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Altus AFB, OK on 12 Sep 03 UP
AFI 36-3208, para 5.26.1 (Unsatisfactory Performance). Appeals for Honorable
Discharge.
2. BACKGROUND:
a. DOB: 12 Oct 80. Enlmt Age: 19 3/12. Disch Age: 22 11/12. Educ: HS DIPL.
AFQT: N/A. A-69, E-57, G-52, M-74. PAFSC: 1C131 - Air Traffic Control
Apprentice. DAS: 11 Dec 00.
b. Prior Sv: (1) AFRes 28 Jan 00 - 28 Mar 00 (2 months 1 day) (~nactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 29 Mar 00 for 6 yrs. Svd: 3 Yrs 5 Mo 15 Das, all AMS.
b. Grade Status: A1C - 17 Oct 02 (Article 15, 17 Oct 02)
SRA - Unknown.
A1C - 12 May 00
c. Time Lost: None.
d. Art 15's: (1) 17 Oct 02, Altus AFB, OK - Article 111. You, did, on
or about 28 Sep 02, physically control a vehicle, to
wit: a passenger truck, while the alcohol concentration
in your breath was 0.10 grams of alcohol per 210 liters
of breath or greater as shown by chemical analysis.
Reduction to AlC, 45 days restriction, 45 days extra
duty, and a reprimand. (No appeal) (No mitigation)
(2) 31 Aug 00, Keesler AFB, MS - Article 92. You, who knew
of your duties, on or about 3 Jul 00, were derelict in
the performance of those duties in that you willfully
failed to abide by Second Air Force Phase Program
restrictions, by failing to refrain from drinking
alcoholic beverages while under age 21, as was your duty
to. Further, you, who knew of your duties, on or about
3 Jul 00, were derelict in the performance of those
duties in that you willfully failed to abide by Second
Air Force Phase Program restrictions by failing to
complete a travel itinerary prior to departing the local
area, as it was your duty to do. Thirty days
correctional custody, and forfeiture of $502.00 pay.
(No appeal) (No mitigation)
e. Additional: RIC, 22 JAN 03 - Poor judgement.
f. CM: None.
g. Record of SV: 29 Mar 00 - 15 Oct 01 Altus AFB 4 (HAF Dir)
16 Oct 01 - 15 Oct 02 Altus AFB 3 (Annual)
16 Oct 02 - 06 Aug 03 Altus AFB 2 (HAF DirIREF
h. Awards & Decs: AFTR, NDSM, AFOUA, C&CB.
i. Stmt of Sv: TMS: (3) Yrs (7) Mos (16) Das
TAMS: (3) Yrs (5) Mos (15) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 6 May 04.
(Change Discharge to Honorable)
ISSUES ATTACHED TO BRIEF.
ATCH
1. ~pplicant's Issues.
2. Character Reference.
1 1 MAY 20%
APPLICATION FOR THE REVIEW OF DISCHARGE
FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions o n Pages 3 and 4 BEFORE completing this app'ication.)
Form Approved
O M B NO. 0 7 0 4 - 0 0 0 4
Expires Aug 31, 2 0 0 6
The public reporting burden for this collect~on of mformation 8s estimated to average 30 mlnutes per response, including the time for reviewing mstwctians, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of ~nformation. Send comments regarding this burden estimate or any other aspect o f this collectior
of information, including suggestions for reducing the burden, to the Department of Defense, Executive Services and Communications Directorate 10704-0004). Respondents should be aware
that notwithstanding any other provis~on of law, no person shall be subject to any penalty for failing t o comply with a collection of informat~on if il does not display a currently valid OME
control number. PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON
BACK OF THIS PAGE
AUTHORITY: 10 U.S.C. 1553; E.O. 9397.
PRINCIPAL PURPOSE(S): T o apply for a change in the characterization or reason for military discharge issued t o an individual.
ROUTINE USE(S): None.
DISCLOSURE: Voluntary; however, failure t o provide identifying information may impede processing of this application. The request for
Social Security Number is strictly t o assure proper identification of the individual and appropriate records.
1. APPLICANT DATA (The person whose discharqe ;is
to be reviewed). PLEASE PRINT OR TYPE INFORMATION.
PRIVACY ACT STATEMENT
2. DATE OF DISCHARGE OR SEPARATION 4. DISCHARGE CHARACTERIZATION RECEIVED (X one) ) 5. BOARD ACTION REQUESTED (X one)
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(WYYMMDD) (If date IS more than 15 years
ago, submrt a DD Form 149)
20030912
3. UNIT AND LOCATION AT DISCHARGE
OR SEPARATION
97 OSS A ~ ~ u s AFl3 OK, 73523
1 HONORABLE
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1 % 1 CHANGE TO HONORABLE
X: GENERALIUNDER HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITIONS
BAD CONDUCT (Soecral court-mama1 onlvl
UNCHARACTERIZED
OTHER (Explain)
CHANGE TO GENERALIUNDER
HONORABLE CONDFTIONS
CHANGETOUNCHARACTERIZED
(Not aoohcable for A I ~ Force1
.
. - - - .
CHANGE NARRATIVE REASON FOR
SEPARATION TO:
. - r r ~
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~
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Pa e 3.)
6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in ltem 74. See instructrons on
I fee7 I was pressured into taking the Discharge by my commander and first seargeant. Counsel was available to me but the focus
seemed to be Discharge. The only supporting documents I have is a letter from my former supervisor, Who has told me after the
Discharge he felt I was wronged by the senior leadership in our squadron during the Discharge process.
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7 . (X i f applicable) AN APPLICATION W A S PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM IS SUBMITTED T O ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.
8. IN SUPPORT OF THlS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: /Continue in ltem 17.
If military documents or medical records are relevant to your case, please send copies.)
My personal account and request for Discharge to be changed
Letter from my former supervisor
9. TYPE OF REVIEW REQUESTED (X one)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDFTIONAL DOCUMENTATION
SUBMITTED BY ME. I AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
I ANDlOR (counsel/iepresentative) WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON. D.C. METROWLITAN AREA.
I ANDIOR /counsel/iepresentative~ WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING P A N U CLOSEST TO
/NOTE: The Navy Discharge Review Board does not have a traveling panel.)
(enter city and state)
10.a. COUNSELIREPRESENTATIVE (If any) NAME /Last, First, Middle Initial) AND ADDRESS I b. TELEPHONE NUMBER /Include Area Code)
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/See ltem 10 of the instructions about counsel/representative.)
c. E-MAIL
d. FAX NUMBER (Include Area Code1
(Forward notification of any change in address.)
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To: The Discharge Review Board
Su biect: Discharge Review
The reasons I feel that my discharge should be upgraded to an honorable.
I know that I may have made some questionable choices in my short military career and
that I and only I can be held responsible for my actions. I only ask that my youthful
decisions not hinder me for the rest of my life. I was once asked if I regretted any
decision that I have made in my life, my answer to that question is yes, that I would have
stood up for my self during the discharge process.
The first incident that I was involved in when I joined the USAF was when I was in Air
Traffic Control Schdol, Which I graduated in the top ten percent. Some classmates and I
visited New Orleans for a weekend and most of us were underage but still we had some
alcoholic beverages. About a month after we returned to Keesler Air Force Base and
with out incident, one of the Airman that was with us was caught stealing fiom other
airmen in our squadron and he felt if he produced the tape of us drinking in New Orleans
he would receive a lighter sentence. Of the group that went on the trip, five of the Airman
including me was on the video tape drinking alcohol. One other Airman besides me stood
up to the charges and admitted we were consuming alcohol. The others lied and were not
charged even though they were clearly seen drinking alcohol on the tape. I received an
article 15 and was sentenced to correctional custody for 30 days for underage drinking
based on a one month old video tape
The second incident that I was involved in was again my fault. I had just graduated my
second tech school, Aerospace Physiology and was on my back from San Antonio Texas
to Altus AFB in Oklahoma. I had stopped in to see some old friends and have a couple of
beers at the local bar at the age of 21. After being there for an hour or so I became tired
and left to go back to the base. I made it onto the base with no problem and then
proceeded to my dorm room. I was approached by a security forces Airman for tapping
the parking lot cement tire stop with my truck tire. He administered the field sobriety test.
I was taken to the local police station in Altus city. I registered a .013 and was charged
with a DUI. I received an article 15 with a stripe removed and was confined to the base
for 30 days and 45 days of extra duty, lost my license for 1 year on base as well as 6
months off base and was ordered to attend the ADAP program ( which I successfUlly
completed). Ever since then, and until my departure fiom the USAF in Sept 2003, I
became the unofficial point of contact for every incident that involved airmen in the
dorms. I would be pulled in to face the commander to talk about the Airmen, he would
ask me if I knew what the airman in the barracks were doing and if any illegal things
were going on.
My duty as a member of the USAF was to report any wrong doing, after many closed
door sessions I felt used, when I refbsed to tell him what was going on he offered me a
Discharge. I did not want to leave but I felt that it would be in my best interest to
separate. I received a General Discharge under Honorable Conditions.
I know I made my mistakes, but there were also many others that did worse things then
me and were aloud to say in. Since my separation I have worked two jobs, assisted the
youth of Utah in Civil Air Patrol, have not been in any trouble and feel I have been a
great asset to my community. I have also paid back the debt in-full for the remainder of
my initial enlistment bonus of over 2,400 dollars. I would like to ask that you upgrade my
discharge so as not to hinder me in the rest of my life's pursuits. I have learned a great
and many lessons from my time in the United States Air force that I have carried over to
my new civilian career. Please consider this request. Lf you do this to help me it would
hrther me in my continuing efforts of to grow and maintain my self as a productive
successfbl member of society. I was not convicted by means of a Military Court-Martial.
Please review my personnel record and please consider upgrading my discharge to
Honorable.
DEPARTMENT OF THE AIR FORCE
97th AIR MOBILITY WING
ALTUS AIR FORCE BASE OKLAHOMA
FROM: 97 OSSICC
SUBJECT: Notification Letter
1. I am recommending your discharge fiom the United States Air Force for unsatisfactory duty
performance. The authority for this action is AFPD 36-32 and AFI 36-3208, chapter 5, section
5E, paragraph 5.26.1. If you are discharged your service may be characterized as honorable or
general. I am recommending that your service be characterized as general.
2. My reason for this action is on or about 29 Jul03,97 AMWICC, then Co
recommended that you be separated from the United States Air Force in acco
AFI 36-2626, Airman Retraining Program. For this reason, this discharge package has been
initiated.
3. Other data:
a. On or about 19 Jan 03, you exercised poor judgment when you allowed a fellow service
member to operate a vehicle after he had been drinking. For this misconduct, you received a
Record of Individual Counseling.
b. On or about 28 Sep 02, you physically controlled a vehicle while drunk. For this
misconduct, you received an Article 15.
c. On or about 3 Jul00, you failed to refrain from drinking alcoholic beverages while under
the age of 2 1. In addition, on or about 3 Jul00, you failed to complete a travel itinerary prior to
departing the local area. For these instances of misconduct, you received an' Article 15.
4. 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 funds may be subject
to recoupment. Additionally, if discharged, you will probably be precluded from enlistment in
any component of the armed forces.
5. You have been scheduled for an initial separation briefing with MPF Separations. You must
report to Bldg 52, at
on 2 1 4 u u 0'5
6. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
pointment for you to consult the Area Defense Counsel at Building 52 on
7. You have the right to submit statements in
separation authority to consider must reach
you request and receive an extension for good
authority.
you want the
(3 duty days) unless
8. 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.
9. You have been scheduled for a medical examination. You must r e ~ o r t to the base hos~ital.
physical exams, at 1750
. on 2 1 &c,
03
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A
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10. Any personal information you hrnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the unit orderly room.
11. Execute the attached acknowledgment and return it to me immediately.
Commander
Attachments:
1. Supporting Documents
a. 97 AMWICC approval letter, dated 29 Jul03
b. RIC wlatch, dated 22 Jan 03
c. Article 15 wlatch, dated 18 Oct 02
d. Article 15 wlatch, dated 7 Sep 00
2. Member's Receipt of Notification Letter
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In addition, he received three Letters of Reprimand, two Letters of Counseling, two Letters of Admonishment, and was placed on the Control Roster for dereliction do duty, failure to go, reporting in an unserviceable uniform, disobeying a lawful order, lying and being late for duty. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF. To: The Air Force Discharge Review Board I am requesting a change in my discharge status.
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I AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD I x I RECORD REVIEW I ADDRESS AND OR ORGANIZATION OF COUNSEL -..-.-..-..-..-..-..-. 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 Names and votes will be made available to the applicant at the applicant's request. I SAFIMRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, I'X 781 50-4742 AFHQ FORM 0-2077, JAN 00 SECRETARY OF THE AIR...