AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AFSN/SSAN
AB
TYPE UOTH
L PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION
X RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
ISSUES A92,71
A93.01
HEARING DATE
26 Aug 2004
SAF/MRBR
550 C STREET
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CASF NUMBER
FD-2004-00255
Case heard at Washington, D.C.
RANDOLPH AFB, TX 78150-4742
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MEMBER SITTING
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INDEX NUMBER A67.90
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
BRIEF CF 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 with/without counsel, and the right to
submit an application to the AFBCMR.
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS APB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp-2994-00255
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, and received an
under other than honorable conditions characterization of service. Member received three Articles 15 and a
Letter of Reprimand for misconduct. His offenses included a civilian arrest for driving while intoxicated,
driving on revocation, wrongful use of his government travel card for personal purposes, and an extra-
marital affair. When recommended for administrative discharge, the member submitted a conditional
waiver of his right to a board hearing in hopes of receiving a general discharge. When that was denied, he
submitted an unconditional waiver of his right to a board hearing, and he failed to submit statements in his
own behalf. The board noted member had several Enlisted Performance Reports, one of which was a
referral due to his repeated misconduct. Member was age 19 to 23 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 ample 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. However, this does not provide a basis of
inequity or impropriety which warrants an upgrade. The Board concluded’ applicant’s misconduct
appropriately characterized his term of service.
Issue 3. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The
Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this also is
not a matter of inequity or impropriety which would warrant an upgrade.
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
FD2004-00255
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
as (Former AB) (HGH SRA)
1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr Offutt AFB, NE on 28 Jan 97
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: 26 Mar 73. Enlmt Age: 19 8/12. Disch Age: 23 10/12. Educ: HS DIPL.
AFOT: N/A. A-80, E-73, G-72, M-41. PAFSC: 2E231 - Electronic Component and
Switching Systems Apprentice. DAS: 16 Dec 93.
b. Prior Sv: (1) AFRes 19 Dec 92 - 2 Feb 93 (1 month 15 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 3 Feb 93 for 6 yrs. Extended 10 May 96 for 17 months.
Svd: 3 Yrs 11 Mo 26 Das, all AMS.
b. Grade Status: AB - 12 Nov 96 {Article 15, 12 Nov 96)
Aic - 3 Jul 96 {Article 15, 3 Jul 36)
SrA - 20 Jul 95
Alc - 18 Mar 93
c. Time Lost: None.
d. Art 15’s: {1) 12 Nov 96, Offutt AFB, NE - Article 134. You, a
married man, did, at or near Bellevue, Nebraska, on or
about 12 Oct 96, wrongfully have sexual intercourse with
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Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFRBCMR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002 SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE...
AIR FORCE DISCHARGE REVIEW BOARD DE GENERAL: The applicant appeals for upgrade of dischange to Honora ] e. The applicant was offered a personal appearance before: the Discharge Review Board. CONCLUSIONS: The Discharge Review Board concludes that'the discharge was consistent . ” For this, you received | a Letter of Counseling (LOC), dated and Jun 96. e. On 4 Apr 96, you failed to report to your duty section on time.