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AIR FORCE DISCHARGE REVIEW BOARD HEAQrNC RECORD 

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ITIAL) 

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PERSONAL APPEARANCE 

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RECORD REVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION  OF COUNSEL 

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BEARING DATE I 

CASE NUMBER 

I 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

( 

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. 

I  Names and votes will be made available to the applicant at the applicant's  request. 

T o :  

I 

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

AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DQ  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-1002 

I 
(EF-V2) 

Previous edition will be used 

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- - -- . - -. 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00509 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, change the reason and authority 
for the discharge, and change the reenlistment code. 

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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are 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 he didn't know what he was doing and that 
he was "young-minded".  He also states that his discharge is preventing him from obtaining a good job  and 
from reenlisting in the military.  The records indicated the applicant received an Article  15 for unlawfully 
possessing beer  while under  the age of 21.  He then  received a  Vacation action under  the UCMJ  for not 
showing  up  for  his  extra  duty.  In  addition,  he  received  four  Letters  of  Reprimand  and  four  Letters  of 
Counseling for various acts of misconduct.  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.  Applicant contends that he should not be 
penalized  indefinitely  for  a  mistake  he made  when  young.  The DRB  recognized  the  applicant was  two 
months  shy  of  his  21st  birthday  when  the  discharge  took place.  However, there  is no  evidence he  was 
immature  or  did  not  know  right  from  wrong.  The  Board  opined  the  applicant  was  older  than  the  vast 
majority of first-term members  who properly  adhere to  the  Air Force's  standards  of conduct.  The DRB 
concluded that the characterization of the applicant's  discharge was appropriate due to the misconduct. 

It appears the applicant was told his discharge would automatically be upgraded in six months.  The DRB 
noted the issue was common, the result of miscommunication.  While a discharge may be upgraded after six 
months, the upgrade is by no means automatic.  A discharge is upgraded only if the applicant and the DRB 
can establish an inequity or impropriety took place at the time of discharge.  In this case, none was found, so 
the Board denied the appeal. 

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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AB)  (HGH A ~ C )  

1.  MATTER  UNDER  REVIEW:  Appl recld a GEN Disch fr Shaw AFB, SC on 21 Feb 01 UP 
AFI 36-3208, para 5.50-2 (Pattern of Misconduct -  Conduct of Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge, and Change the RE Code, 
Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 4 Apr 80.  Enlmt Age: 18 8/12.  Disch Age: 20 10/12. Educ: HS DIPL. 
AFQT: N/A.  A-90,  E-71,  G-82,  M-51. PAFSC: 2A632 - Aerospace Ground Equipment 
Apprentice.  DAS: 23 Jun 00. 

b.  Prior Sv: None. 

3 .  

SERVICE  UNDER  REXIEW: 

a.  Enlisted as AB 10 Dec 98 for 4 years Svd: 02 Yrs 02 Mo 12 Das, all AMS. 

b.  Grade Status:  Al3 

-  29 Dec 00 -  (Vacation of Suspension, 12 Jan 01). 

A1C -  10 Apr 00 
AMN -  10 Jun 99 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 12 Jan 01 -  Vacation, Shaw AFB, SC -  Article 92.  You, 

edge of a lawful order issued by Major- 

to wit: to have 45 days extra duty, an 

it was your duty to obey, did, on or about 7 

Jan 01, fail to obey the same by wrongfully not showing 
up for your extra duty.  Reduction to the grade of AB 
and 15 days extra duty.  (No appeal)  (No mitigation) 
29 Dec 00 -  Shaw AFB, SC -  Article 134.  You did, on an 
area of exclusive federal jurisdiction, on or about 14 
Dec 00, unlawfully possess beer while under the age of 
twenty-one years, in violation of South Carolina Code 
Annotated Section 20-7-8920, as made applicable to 
military members pursuant to the Federal Assimilative 
Crimes Act, Title 18 US Code, Section 13.  Suspended 
Reduction to AB.  Forfeiture of $300.00 for 2 months 
(Suspended forfeiture in excess of $100.00 for 2 
months).  Forty-five days extra duty  (Suspended 30 days 
extra duty) .  Reprimand. (No appeal)  (No mitigation) 

e.  Additional: LOC -  16 Aug 00 -  Failed to notify his duty section as to 

his whereabouts on two occasions. 

LOR -  13 Apr 00 -  Was out of uniform by wearing the rank of 
LOR -  13 Apr 00 -  Failed to have all required items in 

A m  and not A1C. 

LOR -  10 Mar 00 -  Respondent left his duty section without 

mobility bag as outlined in AFI 10-403 
and squadron recall roster. 

turning in the vehicle keys and 
flightline radio; he arrived for duty 
with muddy boots when his boots were 
required to be clean and in good repair; 
and he engaged in horseplay in the work 
area on top of a gas container. 

LOC - 25 Feb 00 -  One and half hours late for duty. 
LOC -  15 Feb 00 -  Derelict in the performance of his duties 

by not wearing his seat belt and acting 
in an unprofessional manner when 
instructed to follow guidance. 

LOC -  10 Feb 00 -  Derelict in the performance of his duties 
LOR -  13 Sep 99 -  Unlawfully consumed alcoholic beverages 
while under the age of twenty-one years 
and then lied about consuming alcoholic 
beverages when confronted about it. 

by not paying attention to detail. 

f.  CM:  None. 
g.  Record of SV: 10 Dec 98 -  12 Dec 00  Shaw AFB  3  (Initial) 

h.  Awards &  Decs:  AFTR 

i.  Stmt of Sv:  TMS: (02) Yrs  (02) Mos  (12) Das 
TAMS:  (02) Yrs  (02) Mos  (12) Das 

4 .   BASIS  ADVANCED FOR REVIEW:  Appln  (DD F'm  293) dtd 28 Dec 04 

(Change Discharge to Honorable, and Change RE Code, Reason and ~uthority for 

Discharge. ) 

Issue I:  ISSUES ATTACHED TO BRIEF. 

ATCH 
1 -  Applicant's Issues. 
2 -  DD F O ~  
214. 

'7.  SUPPORTING DOCUMENTS (X  asapplicable)  (Please print  name  and social security number  on each document.) 

I a.  Will  not be  submitted.  Please  complete  review based  on  available  service  records.  FD*+QDS~ 

I 
I 

d.  Are  listed  below and  are  attached t o  this  application:  (Continue  on a plain sheet of paper if more 

I  1  b.  Will  be  submitted within 60 days. 
I  (  c.  Will  be submitted witFin 
.. 
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8..  ISSUES.  The  Board will  consider  any  issue  submitted  by you  prior t o  closing  the  case  for  deliberation.  The 
Board  also  will  review  the  case  t o   determine  whether  there  are  any  issues  which  provide  a  basis  for 
upgrading  your  discharge.  However,  the  Board  is  not  required  t o   respond  in writing  t o   issues  of  concern 
t o   you  unless  those ,issues  are  listed  or  incorporated  by  specific  reference  below.  Read  the  instructions 
carefully that  pertain t o  block  8  prior t o  completing  this  part  of the  application.  If  you  need  more  space, 
submit  additional  issues  on  an  attachment. 

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b.  I previously submitted  an  application on (Enterdate) 

and  I am  completing  this  form  in order  t o  submit  additional  issues. 

I  I c.  The  above issues supersede  all  previously submitted. 

I 

9.  CERTIFICATION 

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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 statement.  (U.S.Code,  Title  18,  Section 1001,  provides a  penalty as follows:  A maximum 

-  fineof$10,000ormaximum 
a.  DATE (Year,  Month,  Day) 

imprisonmentofSyears,  orboth) 
I b.  SIGNATURE 

I 
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I 

/ 

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I  CO,  USARCPAC 

9700 Page  Blvd 
St.  Louis,  MO 63132-5200 

1 
I 
DD-Form 293  Reverse,  FEB  89 

I  NAVAL Discharge  Review 

801  No.  Randolph  St. 
Arlington,  VA  22203-1991 

AFMPUMPCDOAI 
Randolph AFB,  TX  78150-6001 

Commandant (G-PE-1) 
U.S.  Coast  Guard  Headq 
Washington,  DC 20593-0001 

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DEPARTMENT OF 'THE AIR FORCE 
SHAW AIR FORCE BASE, SOUTH CAROLINA 

20th FIGHTER WING (ACC) 

MEMORANDUM FOR AB(CIIIJSIIII, 
FROM:  20 EMSICC 

526 Houston Ave. 
Shaw AFB, SC  29152 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct - conduct 
prejudicial to good order and discipline, under the provisions of AFPD 36-32 and AFI 36-3208, chapter 5, 
section H, paragraph 5.50.2.  If my recommendation is approved, your service will be characterized as 
either honorable or general.  I am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 3 1 Aug 99, at or near Robins Air Force Base, Georgia, you unlawfully consumed 

alcoholic beverages while under the age of twenty-one years, and you lied about consuming alcoholic 
beverages when confronted about it.  For this misconduct, you received a letter of reprimand (LOR), 
dated 13 Sep 99.  An Unfavorable Information File was also established. 

b.  On or about 10 Feb 00, you were derelict in the performance of your duties by not paying 
attention to detail.  For this misconduct, you received a letter of counseling (LOC), dated 10 Feb 00. 

c.  On or about 15 Feb 00, you were derelict in the performance of your duties by not wearing 

your seat belt and acting in an unprofessional manner when instructed to follow guidance.  For this 
misconduct, you received an LOC, dated 15 Feb 00. 

d.  On or about 25 Feb 00, you failed to report to your appointed place of duty at the prescribed 

time.  For this misconduct, you received an LOC, dated 25 Feb 00. 

e.  Between on or about 8 Mar 00 and on or about 10 Mar 00, an investigation disclosed that you 

left your duty section without turning in the vehicle keys and the flightline radio; you arrived for duty 
with muddy boots when your boots are required to be clean and in good repair, and you were 
horseplaying in the work area, on top of a gas container. For these acts of misconduct, you received an 
LOR, dated 10 Mar 00. 

f.  On or about 10 April 00, you failed to have all required items in your mobility bag as outlined 

in AFI  10-403 and the squadron recall roster.  For this misconduct, you received an LOR, dated 13 Apr 
00. 

g.  Between on or about 10 Apr 00 and on or about 11 Apr 00, you were out of uniform by 

wearing the rank of Airman and not Airman First Class.  For this, you received an LOR, dated 13 Apr 00. 

h.  On or about 16 Aug 00, you failed to notify your duty section as to your whereabouts on two 

occasions.  For this misconduct, you received an LOC, dated 16 Aug 00. 

G l o b a l   P o w e r   F o r   A m e r i c a  

i.  On or about 14 Dec 00, at or near Shaw AFB South Carolina, you did unlawfully possess beer 

while under the age of twenty-one years.  For this misconduct, you received an Article 15 nonjudicial 
punishment action, dated 29 Dec 00.  Punishment consisted of a reduction to the grade of Airman Basic, 
forfeiture of $300.00 pay per month for two months, 45 days extra duty, and a reprimand.  Reduction to 
the grade of Airman Basic, forfeiture in excess of $100.00 pay per month for two months and 30 days 
extra duty suspended through 2 8 Jun 0 1, unless sooner vacated. 

j.  On or about 7 Jan 0 1, you failed to obey a lawfUl order issued by your unit commander.  For 
this misconduct, the suspension of the reduction to Airman Basic and 15 days extra duty was vacated on 
12 Jan 01. 

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 jn  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 will probably not be allowed to enlist in any other branch of the armed services. 

08 ~ e b  0 1, at - hours.  You may co 

4.  You have the right to consult counsel. 
made an appointment for you to consult 

has been obtained to assist you.  I have 

a Defense Counsel, 895-9530, on 
own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to consider must reach me within three days after receipt of the notification memorandum, 
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 in your own behalf, your failure will constitute a 
waiver of your right to do so. 

7.  You must report, in uniform, to the Shaw AFB Hospital, Physical Examinations Section, between the 
hours of 1100 - 1300, Mon - Thur, for a medical examination. 

8.  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 in the orderly room. 

9.  The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus monies 
which you received, if any, if you separate before completing the period of active duty you agreed to 
serve.  This recoupment applies whether you voluntarily separate or are involuntarily separated. 
Recoupment will apply regardless of the basis for involuntary discharge if the reason is not homosexual 
conduct.  The recoupment in all cases is an amount that bears the same ratio to the total cost provided to 
you as the unserved portion of active duty bears to the total period of active duty you agreed to serve.  If 
you dispute that you are indebted for educational assistance, a board or other authority will make findings 
and recommendations concerning the validity of the indebtedness. 

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

Attachments: 
1.  LOR,  13 Sep 99 
2. LOC,  10 Feb 00 
3.  LOC, 15Feb00 
4.  LOC, 25 Feb 00 
5.  LOR,  10 Mar 00 
6.  LOR,  13 Apr 00 
7.  LOR,  13 Apr 00 
8.  LOC,  16 Aug 00 
9. AF Form 3070, wIAtch 
10.  AF  Form 366, wIAtch 
1 1.  Receipt of Notification