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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

ITIAL) 

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NAME OF COUNSEL AND OR ORGANIZATION 

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MEMBER SITTING 

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ADDRESS AND OR ORGANIZATION  OF COUNSEL 

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lssUEs  A93.09 

)  INDEX NUMBER 

A67.10 

REARING DATE 

21 Jul2005 

CASE NUMBER 

FD-2004-00502 

I Case heard at Washington, D.C. 

.  - 

', j 4 : ~ ? ~ . ; : . ~ r r $ ~ ~ , ~ ~ ~ . ~ f i 0 A , R b . . , , : : : ,  
1  1  ORDER APPOINTING THE BOARD 
2  (  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 

,.;: 
I 

PERSONAL APPEARANCE 
I (  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

0 

Advise applicant of the decision of the Board, the right to a personal appearance withiwithout 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. 

TO: 

I 

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

AFHQ FORM 0-2077, JAN 00 

I 

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

I 

(EF-V2) 

Previous edition will be used 

1 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00502 

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  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:  Applicant does not  contest his discharge.  He states that the military was not right for him at the 
time.  The records indicated the .applicant received two Article 15s.  One for operating a motor vehicle on 
base after having  a lawful  order not to do  so.  The other for DWI  and  failing to refrain  from consuming 
alcoholic beverages while under the legal age of 2 1.  In addition, he received three Letters of Counseling and 
two Letters of Admonishment for being late for duty on four separate occasions and for throwing trash from 
the  second floor  balcony.  The DRB  opined that  through  these  administrative actions,  the  applicant had 
ample opportunities to change his negative behavior.  The Board concluded the misconduct was a significant 
departure from conduct expected of all military members.  The characterization of the discharge received by 
the applicant was found to be 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 Al3)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr Seymour Johnson AFB, NC on 28 
Apr 04 UP AFI 36-3208, para 5.49 -  (Pattern of Misconduct -  Minor Disciplinary 
Infractions).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 6 Oct 82.  Enlmt Age: 18 11/12.  Disch Age: 21 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-60,  G-42,  M-46. PAFSC: 2T131 - Vehicle Operator 
Apprentice. DAS: 28 Mar 03. 

b.  Prior Sv:  (1) AFRes 30 Sep 02 -  11 Nov 02 (1 months 13 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as Al3  12 Nov 02 for 6 years. Svd: 1 Yr 5 Mos 17 days, of which 

AMS is 01 Yrs 04 Mo 28 Das(exc1udes 18 Days lost time). 

b.  Grade Status:  AB  -  05 Feb 04 -  (Article 15, 5 Feb 04) 

A1C -  05 Feb 04 
A m  -  14 Oct 03 -  (Article 15, 14 Oct 03) 
A1C -  27 Dec 02 
AB  -  12 NOV 02 

c.  Time Lost:  22 Mar 04 thru 9 Apr 04 (18 days). 

d.  Art 15's:  (1) 5 Feb 04 -  Seymour Johnson AFB -  Article 80.  You did, 

on or about 10 Jan 04, attempt to operate a motor 

after having a lawful order from Colonel 
your superior commissioned officer, then 
be your superior commissioned officer, 

to not operate a motor vehicle on base.  Reduction of 
the grade of AB, forfeiture of $200.00 pay per month for 
2 months and 45 days extra duty.  (Appeal/Denied) (No 
mitigat ion) 

(2) 14 Oct 03 -  Seymour Johnson AFB -  Article 111.  You 

did, on or about 24 Sep 2003, physically control a 
vehicle, to wit: a passenger car, while the alcohol 
concentration in your blood was 0.08 grams of alcohol 
per 100 milliliters of blood or greater, specifically 
-107 grams of alcohol per 100 milliliters of blood, as 
shown by chemical analysis.  Article 92.  You, who knew 
of your duties, on or about 24 Sep 03, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from consuming alcoholic beverages 

while under the age of 21 years, as it was your duty to 
do.  Reduction to the grade of Amn, forfeiture of 
$150.00 pay per month for 2 months, 20 days extra duty 
and Reprimand.  (No appeal) (No mitigation) 

e.  Additional: LOC -  04 Jan 04 -  Late for duty. 

LOC -  14 May 03 -  Throwing trash from second floor balcony. 
LOA -  24 Apr 03 -  One hour and 35 mins late for duty. 
LOA -  17 Apr 03 -  One hour and 45 mins late for duty. 
LOC -  04 Apr 03 -  Three hours late for duty. 

f.  CM:  Summary Court Martial -  1 Apr 04 

CHARGE:  Article 92.  Plea: Guilty.  Finding:  Guilty. 

s  knowledqe of lawful order 

Fto not have contact 
) an order 

issued bv Lt COL.!! 

which it washiTs duyv to obey, did, within the CONUS, on 
divers occasions between 27 ~ e b  04 and on or about 19 
Mar 04, fail to obey the same. 

knowledge of a lawful order 
to be restricted to base, an 
uty to obey, did, within the 

Specification 
issue by Lt Co 
order which it 
CONUS, on divers occasions between on or about 27 Feb 04 
and on or about 19 Mar 04, fail to obey the same by 
wrongfully leaving the base.  Sentence adjuged on 1 Apr 
04:  Twenty five days confinement and forfeiture of 113 
pay for one month. 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS: (01) Yrs  (06) Mos  (11) Das 
TAMS: (01) Yrs (04) Mos  (28) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Dec 04 

(Change Discharge to Honorable) 

Issue 1:  I am requesting an upgrade on my discharge.  I have been 

discharged for eight months and have been on good conduct during this time.  As 
a civilian I have been active in the community and in my church.  I strongly 
feel I deserve this upgrade.  I joined the military to serve my country.  I 
found out during the time of my enlistment that the military was not for me at 
that particular time.  I also feel that if I could go back and do it over again 
I would still be in the USAF with a different and positive outlook on my 
military career.  This upgrade in my discharge will help me in the future in my 
job applications.  Please take in consideration in giving me an Honorable 
discharge. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

4TH FIGHTER WING (ACC) 

SEYMOUR JOHNSON AIR FORCE BASE  NC 

MEMORANDUM FOR 

FROM:  4 LRSICC 

SUBJECT:  Notification Memorandum 

APf? 1 9 2004 

1.  I am recommending your discharge from the United States Air Force for misconduct, specifically 
minor disciplinary infractions. The authority for my recommendation is AFPD 36-32 and AFI 36-3208, 
Chapter 5, Section H, Paragraph 5.49.  According to Table 1.3, Rule 11 of AFI 36-3208, your service can 
be characterized as honorable, general, or under other than honorable conditions.  I am recommending 
your service be characterized as general. 

2.  My reasons for this action are: 

a.  On  04 April 2003, you failed to report for duty at the time prescribed.  For this misconduct, you 
received a Record of Individual  Counseling.  This is documented by  an AF Form  174, dated 04 April 
2003.  (Tab la) 

b.  On  10 April 2003, you failed to report for duty at the time prescribed.  For this misconduct, you 

received a Letter of Admonishment, dated 17 April 2003.  (Tab lb) 

c.  On 22 April 2003, you failed to report for duty at the time prescribed.  For this misconduct, you 

were received a Letter of Admonishment, dated 24 April 2003.  (Tab lc) 

d.  On  10 May 2003, you were observed throwing trash from the second floor balcony of the  LRS 

dormitory.  For this misconduct, you received a Letter of Counseling, dated 14 May 2003.  (Tab Id) 

e.  On or about 24 September 2003, you physically controlled a car, while under the influence of 

alcohol.  Further, you were derelict in the performance of your duty by failing to refrain from consuming 
alcoholic beverages while under the age of 21 years, as it was your duty to do.  For these acts of 
misconduct, you received an Article 15. This is documented by an AF Form 3070, dated 06 October 
2003.  (Tab le) 

f.  On 06 January 2004, you failed to report for duty at the time prescribed.  For this misconduct, you 
received a Record of Individual Counseling.  This is documented by an AF Form 174, dated 04 January 
2004.  (Tab 1 f) 

g.  On or about 10 January 2004, you failed to obey a l a h l  order by your superior commissioned 

officer not to operate a motor vehicle on base, by attempting to operate a vehicle on base.  For this 
misconduct, you received an Article 15. This is documented by an AF Form 3070, dated 23 January 
2004.  (Tab lg) 

h.  Between on or about 27 February 2004 and on or about 19 March 2004, you failed to 

lawful order by your superi 
by having contact with A1 C 
about 19 March 2004, you failed to obey a lawful'order by your superior commissioned officer to be 

ssioned officer to not have contact with ~
~ m n
nd AlC m ~ u r t h e r ,  between on or about 27 Feb 2004 an 

l

d

 

restricted to Seymour Johnson AFB by wrongfilly  leaving Seymour Johnson AFB.  For these acts of 
misconduct, you pled guilty and were convicted by a Summary Court Martial.  This is documented by 
AF Form 1359, dated 0 1 April 2004.  (Tab lh) 

3.  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. 

4.  You have the right to consult co 
made an appointment for you to cons 
at  1 185 Cannon Street, Suite 308, on 
Counsel can be reached at ext. 2-5345 or ~ ' S ~ 7 2 2 - 5 3 4 5 .  You may consult civilian counsel at your own 
expense. 

5.  You have the right to submit statements in your own behalf.  Any statement you want the separation 
authority to consider must reach me by  2 2. &r & 
receive an extension for good cause shown.  I &ll  seid them to the separation authority. 

(allow three days) unless you request and 

6.  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. 

7.  You have been scheduled for a medical examination at the 4'  Me  ical Crou  , Seymour Johnson AFB. 

You must report to Koritz Clinic, 1050 Jabara Ave on  Iq  9 at 

examination. 

I 

)& 

hours for the 

8.  You have been scheduled for and already attended a mandatory Transition Assistance Program 
(TAPS) counseling or,  --e;Ul;br (29- - at ]O(l  hours. 

Y 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of 
AFI 36-3208 is available for your use at the unit orderly room or the Area Defense Counsel office. 

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

Commander, -4 LRS 

Attachments: 
Supporting Documentation: 

a.  AF Form 174, dated 04 April 2003 
b.  Letter of Admonishment, dated 17 April 2003 
c.  Letter of Admonishment, dated 24 April 2003 
d.  Letter of Counseling, dated 14 May 2003 
e.  AF Form 3070, dated 06 October 2003 
f.  AF Form 174, dated 04 January 2004 
g.  AF Form 3070, dated 23 January 2004 
h.  AF Form 1359, dated 01 April 2004