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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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X

 

I  RECORDREVIEW 

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1  1  I  ORDERAPPOMTMGTHE BOARD 
1  2  1  APPLlCATlON FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

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COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
TAPE RECORDING OF PERSON4 APPEARANCE --  -- 

1  26 Aug 2004 

CASE NUMBER 

FD-2004-00201 

Case heard at Washington, D.C. 

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. 

TO: 

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

AFHQ FORM 0-2077, JAN 00 

1 

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(EF-V2) 

SECRETARY OF TEE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND D R  EE WING, 3RD FLOOR 
ANDREWS AFB. MD 20762-7002 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00201 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

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 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. 

Issue 1.  Applicant was discharged for conduct prejudicial to good order and discipline.  Member received 
an Article  15, a vacation of suspended punishment, two Letters of Counseling, a Letter of Reprimand, and 
pursuant to his guilty pleas, was convicted by  Summary Court Martial for various acts of misconduct.  His 
offenses included  driving while  intoxicated, underage  alcohol  consumption, breaking base  restriction on 
two  occasions,  multiple  incidents  of  failure  to  go,  and  failing  to  maintain  his  dormitory  room  within 
standards.  At  the  time  of  court  martial,  member  entered  into  a  Pre-Trial  Agreement  which  kept  his 
proceeding in the Summary Court arena, and in which he also agreed to unconditionally waive his right to 
an administrative discharge board if later recommended for discharge with an under other than honorable 
conditions (UOTHC) separation.  He was in hct recommended for a UOTHC, and in spite of unconditional 
waiver  of his  right  to  a  board  hearing,  he  requested the  convening authority  consider characterizing his 
service as general, under  honorable conditions.  That request was  granted.  Applicant now notes he used 
poor judgment  and made mistakes while  in the  service.  The board  noted he  was age  18 to  19 when  his 
misconduct  occurred, essentially  the  same  age  as other  airmen  who  complete their  enlistments without 
disciplinary infractions, and there was no evidence he  did not know right from wrong.  Member had the 
opportunity to change his negative behavior and was either unwilling or unable to do so.  Therefore, the 
Board found the record supports the characterization of service received. 

Issue 2 applies to the applicant's post-service activities.  Applicant contends that he should not be penalized 
indefinitely for mistakes he made when young and notes his achievements since leaving the service.  The 
DRB was pleased to  see that the  applicant was doing well  and has a good job.  However, this does not 
provide a basis of inequity or impropriety during his period of service that warrants an upgrade.  The Board 
concluded applicant's misconduct appropriately characterized his term of service. 

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 AE3)  (HGH AMN) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Malmstrom AFB, MT on 24 Mar 
00 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: 18 Aug 80.  Enlmt Age: 18 7/12.  Disch Age: 19 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-54,  E-72,  G-44,  M-78. PAFSC: 3P031 -  Security Apprentice. 
DAS: 15 Sep 99. 

b.  Prior Sv:  (1) AFRes 19 Mar 99 -  20 Apr 99 (I month 2 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AE3  21 Apr 99 for 4 yrs. Svd: 0 Yrs 11 Mo 4 Das, of which 

AMS is 0 yrs 10 months 12 days  (excludes 23 days lost time). 

b. -  Grade Status :  AB  -  14 Jan 00  (Article 15, 14 Jan 00)- 

A m  -  21 Oct 99 

c.  Time Lost:  24 Jan 00 thru 15 Feb 00 (23 days). 

d.  Art 15's:  (1) 11 Feb 00, Vacation, ~ a l m s t r o r n ' ~ ~ ~ ,  

MT -  Article 134. 
You, having been restricted to the limits of Malmstrom 
AFB, MT, by a person authorized to do so, did, at 
Malmstrom AFB, MT, on or about 24 Jan 00, break said 
restriction.  Forfeiture of $502.00 pay per month for 2 
months.  (No appeal)  (No mitigation) 

.  .

.

 

.  - 

.  .~ 

(2) 14 Jan 00, Malmstrom AFB, MT -  Article 92.  You, who 

knew of your duties, on or about 28 Dec 99, were 
derelict in the performance of those duties in that you 
willfully failed to maintain your dormitory room in 
accordance with MAFBI 32-6001, Resident Responsibility 
Memorandum, as it was your duty to do.  Reduction to AB, 
suspended forfeiture of $502.00 pay per month for two 
months, 30 days restriction, and 45 days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 17 DEC 99 -  Failure to go. 
LOC, 15 DEC 99 -  Failure to go. 
LOCI 22 NOV 99 -  Late returning from lunch. 

f.  CM:  Summary Court Martial -  4 Feb 00 

CHARGE I:  Article 86. 

Specification:  Did, on or about 24 Jan 00, at the Main Gate on 
Goddard Drive, physically control a vehicle, to wit: a passenger 
car, while the alcohol concentration in his breath was 0.10 grams 
of alcohol per 210 liters of breath or greater.  Plea: Guilty. 
Finding:  Guilty. 

CHARGE 11:  Article 92. 

Specification:  Who knew of his duties, on or about 24 Jan 00, was 
derelict in the performance of those duties in that he willfully 
failed to refrain from drinking alcohol while under the age of 21 
years, as it was his duty to do.  Plea: Guilty. Finding:  Guilty. 

CHARGE 111:  Article 134. 

Specification 1:  Having been restricted  to the limits of 
Malmstrom AFB, MT, by a person authorized to do so, did, on or 
about 3 Jan 00, break said restriction.  Plea: Guilty. 
Finding: Guilty. 

Specification 2:  Having been restricted to the limits of 
Malmstrom AFB, MT, by a person authorized to do so, did, on or 
about 24 Jan 00, break said restriction.  Plea  Guilty. 
Findings:  Guilty.  Sentence:  Reprimand.  To forfeit $500.00 of 
your pay for one month.  To be confined for 28 days. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (0) Yrs  (11) Mos  (14) Das 
TAMS:  (0) Yrs  (10) MOS  (12) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln (DD Fm 293) dtd 27 May 04. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Two Letters of Support. 
3. DD Form 214. 
4. Copies of Civilian Law Enforcement Training, Certificates and Records. 

7.  SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Security Number on each document.) 
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I WILL  NOT  BE SUBMKED.  PLEASE COMPLETE REVIEW BASED ON  AVAIU\BLE SERVICE RECORDS. 

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- - - - I  
I X : ARE LISTED BELOW AND ARE AlTACHED TO THlS APPLICATION:  (Continue on a plain sheet ofpaper if more space is needed.) 

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a.  DOCUMENT 1: 
ALTAMAHA DRUG TASK FORCE, AGEN 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
b.  DOCUMENT 2 
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LETTER FRO 
c.  DOCUMENT 3. 
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8.  ISSUES 

BI # 75( LETTER OF COMMENDATION FO 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

SST. COMMANDER, M.A.C.E.,  JOB EVALUATION. 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

The Board will consider any issue submitted by you prior to closing the case for deliberation.  The Board will also review the case to 

determine whether there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
writing to issues of concern t o  you unless those issues are listed or incorporated by specific reference below.  Carefully read the instructions 
that pertain to Block 8 prior to completing this part of the application.  If you need more space, submit additional issues on an attachment. 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

and*  summarp.C-ourl Martid as a ~ e d l . -  Orthemnina of the-24thd-huarv2000 E broke-baserestrictiw; which - - 1 
I -While-I-was enlisted in the &S.-AirForce-Imade  mistakes md used poor jw&ment-from-time-to time.- 1 ieceived an - 

d c k - t 5 -  f o r ~ s c s s i ; ; g  an wrlitcz.de itr my dorm room; -Shfily-~e~afierE.=ei.id-a- DU I -oil-Mahs&sm-AiW - 
1 wasimposed&a  res&-ofmY-previous~ck-~, 
-f waswasapprehended~sec&ty Poficc anddetainid for 23 bays.-  - - -, ( 
I m-evenirrg due to my DU 1 and-bybreakmg-base-restrktion: -fperformed we1l-d&ng  my training in both basic and- -  I 

I - b a ~ e - ~ b h ~ m ~ d d f i d  

medicat and personakpm%1ems at thetime; how-ever,'~-make no-mnsism< 1 .&e-re~~onsibiiity for my hnmature- - - - 
-d&iWes:  Shce my se??ratfor  f have -done me best-I-coald with my lifee aid my ~ e n e i a j  asckarge uader-honorable- - - 
arcohoKc beverages 'm  Fom pear%: -1-have-also fmcti-d~ed-~-a eeitififie8Geargia - - 
Z'IrZ-~~st~CeS: 
Folic2-OffiCe~foi three yews-m-d fd1i?-manth3r mle-se~ing-&-a-Pafice  OfPficer; I have been ~GgciecIfo the- - - - - - - 
as a-?isiiCotiCs-hVeStightbi f6r-tWd yea3 %aXfiVe monE<.-I: h2ve icTcIeiVGdn6 -didcIpliriZQ- - - 
-defectit%-mi€ f i H ~ t 1 ' ~ l g  
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- 
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acfions d - m g  my law eriEorcemeni carecr. I l a v e  confinued my eaucahon m the area oT c m a I  juSfiicewh1C: - - - 
- - - - - - - - - - - - - - - 
jCif iiiv%ifigati6ik~ii4d-theTBI. 
servlng my commuiii~.- I hi?E 2xcened in mycivTlIi6pZf6~5roi-~d C-dGcctid 
- - - 
-ATF,DEA;UTS.-CG-t6Ks;  UffiCe ~ T H ~ T ~ ~ ~ - S ~ C ~ ~ @ ~ - A ~ ~ ~ ~ C I D ~ - E ~  
6thZ %fCtGf roZal5geh-cieC -1liiVe-Stfiii%l-t6 - - 
b-e-anu-  - - -  - - ---- - - - - 
- - - -  fOrrxiiEEf&ir-jaid  I % piissib16 -m-s-+quist?G&66foii&>-66Gd- - 
m an attempt to correct an Immature mistake mad6 a~gX~XIdiSE,-GIfisK&>~i?l-m~life: 
- - - 
I my life due io immaturities during my youth.  Thank you for the Board's consideration. 
so that f mi?-Cdntiii~e-ti5-@i% ihkk%61ii h-i L*  E26~imeni caDicitViid  -ititbe 66Id-6ick-f&-&i it%ihiei 3- - 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

- - -  - - - -   - - - - - - - -   - - - - - -   - - - - - -  

pstanhg citizen and m&-eed%b-eSf rift5 

TaE m&g-tGs-Gqiieit- 

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I X j  I  HAVE  LISTED ADDITIONAL ISSUES AS AN .AlTACHMENT TO THlS APPUCAllON. 

: I  PREVlOUSLY SUBMrrrED AN APPLlCAllON  ON  (Enter date) 
I  AND AM COMPLETING THlS FORM IN  ORDER TO SUBMIT ADDITIONAL ISSUES. 
: THE ABOVE  ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED. 

. 

9.  CERTIFICATION 

statement.  (U.S. Code,  TTtle  18, Section  1001, provides that an individual shall be  fined under this title or imprisoned not more than 5 years,  I 
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I make the foregoing statements as  part of my application with full knowledge of the penalties involved for willfully making a false 

or  both.) 

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a.  DATE  (WWMMDD) 

I b.  SIGNATU 

5-27-04 

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ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
A'TTN:  SFMR-RBR-SL 
9700 Page Avenue 
St. Louis, MO  631 32-5200 
(See http://arba.army.pentagon.mil) 
I 
DD FORM 293, DEC 2000 

. . 

NAVY & MARINE CORPS 

!  Naval Council of Personnel Boards I 
:  720 Kennon Street,  S.E. 
;  Rm.  309 (NDRB) 
I Washington Navy Yard.  DC 
:  20374-5023 

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AIR FORCE 

COAST GUARD 

I  SAFIMIBR 

:  550-C Street West,  Suite 40 
:  Randolph AFB;  TX  781 50-4742 : Washington, DC  20593-0001 

: Commandant (G-WPM) 
: 21 0 0  Second Street,  S.W. 

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Page 2 of 4 Pages 

( 

DEPARTMENT OF THE AIR FL. 

HEADQUARTERS 341ST SPACE WING (AFSPC) 

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MEMORANDUM FOR 564 MS (ATTN 

FROM:  564 MSICC 

SUBJECT:  Notification Memorandum - Board Hearing 

1.  Pursuant to AFPD 36-32 and AFI 36-3208, paragraph 5.50, I am recommending your 
discharge fiom the United States Air Force for a pattern of misconduct--conduct prejudicial to 
good order and discipline.  If my recommendation is approved, your service will be characterized 
as either honorable, general, or under other than honorable coditions.  I am recommending an 
under other than honorable discharge. 

2.  My reasons for this action are: 

a. On 22 Nov 99, you failed to return fiom lunch break on time.  For this misconduct you 

received a Letter of Counseling (LOC) dated 22 Nov 99. 

b.  On 15 Dec 99, you failed to go to yourappointed place of duty at the appointed time.  For 

this misconduct you received an LOC dated 15 Dec 99. 

c.  On 17 Dec 99, you failed to go to your appointed place of duty at the appointed time.  For 

this misconduct you received a Letter of Reprimand (LOR) dated 17 Dec 99. 

d.  On 28 Dec 99, you failed to maintain your dormitory room in accordance with MAFBI 32- 

600 1, Resident Responsibility Memorandum.  For this misconduct you received an Article 15 
dated 14 Jan 00. 

e.  On 24 Jan 00 you broke restriction on two different occa$ons,  physically drove a vehicle 
while the alcohol concentration on your breath was .10 grams of alcohol per 21 0 liters of breath 
or greater and were derelict in your duties in that you willfully failed to refiain fiom drinking 
alcohol while under the age of 21 years.  For this misconduct you were tried by summary court- 
martial and found guilty.  Your punishment was confinement for 28 days, forfeiture of $500.00 
pay for one month and a reprimand. 

f.  On 24 Jan 00, you broke restriction.  For this misconduct you received a vacation of 

suspended punishment dated 14 Feb 00. 

3.  This action could result in your separation with an under other than honorable conditions 
discharge.  The commander exercising SPCM jurisdiction or a higher authority will make the 
final decision in this matter.  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. 

1 1.  Execute the attached acknowledgement and return it to me immediately. 

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Attachments: 
1.  Supporting documents: 

a.  LOC dated 22 Nov 99 
b. LOC dated 15 Dec 99 
c. LOR dated 17 Dec 99 
d.  AF Form 3070 dated 14 Jan 00 
e. AF Form 1359 dated 4 Feb 00 
f.  AF Form 366 dated 14 Feb 00 

2.  Airman's Receipt of Notification Memorandum