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AIR  FORCE DISCHARGE REVIEW BOARD H EARTNG RECORD 

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ISSUES  AY3.09 

INDFX  NUMBER 

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*FQ THE -  BOARD 

EXHIR~TS S U B I M ~ ~ E D  
1  (  0RUk.R  APPOIN TING TI IL HOARD 
2  (  APPI.ICATION  FOR  REVIEW 01:  DISCHARGE 
3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSFI,'S  RELEASE TO THE BOARD 
AUDITTONAL EXHIBITS SllBMlTTEU AT TIME O F  
PEKSONAL APPEARANCE 
I  TAPE KECORDINC; OF PEKSONAI., APPLAKANCE 

HEARING  UATF 

CASE NUMBER 

1 

08 Dec 2005 
APPLICANl  S ISSLT AND THE BOARD'S DE( ISIONAL RATIONAL ARE DISCUSSED ON THE AJTACHED  N R  FORrF  1)IFCHARGE iLEVJEW B O W  DE(:ISIONAL  R 4 l  IUYALE 

FD-2005-00070 

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Case heard at Washington, D.C. 

Advise applicant of the decision ofthc Board, the right to a personal appearance with/without counsel, and the right to 
submit an application  to the AFBCMR . 

1 V. 

SAFfMKHR 
550 C STREET WEST. SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

--  -  -- 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR  FORCE  PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE =\IF\\ 
BOARD 
I535 COIIIIAND  DR. EE W IY(;.  JRD FLOOR 
ANDREWS AFB, MD 20162-7002 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL KATIONAIJE 

CASE NUMBER 

FD-2005-00070 

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

'I'he applicant was offered a personal  appearance before the Discharge Review Hoard (DKB) but declined  to 
exercise this right. 

The attached brief contaiils 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 
reei~listment code are denied. 

'I'he  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. 

TSSUE:  Applicant  does not  contest  his  discharge.  He  states  that  "it  was  one night"  where  I didn't  think 
about  the  consequences  of my  actions  and  made  very  irresponsible  decisions.  The  records  indicated  the 
applicai~t rcceived  two  Article  15s  and  a  Vacation  action  under  the  IJCMJ  for  drinking  under  age,  and 
breaking Pl~ase 1 by leaving Sheppard on two separate occasions.  He also received  one Letter  of Reprimand 
and two Lcttcrs of Coi~nselil~g 
for failure to shave, failure to go, failure to follow a direct order and failure to 
reinain  within  the  limits of  Sheppard AFB  while  in  Phase  I.  These incidents occurred  over  a  four  month 
period and not just  one night.  The DKB opined that through  these administrative  actions, the applicant had 
ample opportunities to change his negative behavior.  Thc Board concluded the inisconduct was a significant 
departure from conduct expected of a11 military members.  The characterization  of the discharge received  by 
the applicant was found to be appropriate. 

CONCLUSIONS:  Tlle  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  rcquirernents  o f  the  discharge  regulation  and  was  within  the  discretion  of  the 
discharge authority and that the applicant was provided full administrative due process. 

In  vicw 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 DISCKARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB) (HGH AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Sheppard AFB, TX on 24 Feb 04 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 3 May 85.  Enlmt Age: 17 2/12.  Disch Age: 18 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-59,  E-70,  G-62,  M-49. PAFSC: 2A313B - Tactical Aircraft 
Maintenance Helper. DAS: 29 Sep 03. 

b.  Prior Sv: (1) AFReS 12 Jul 02 -  11 Aug 03  (1 yr 1 month)(Tnactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Aug 03 for 6 yrs. Svd: 0  Yrs 6 Mo 13 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 3 Feb 04, Sheppard AFB, TX -  Article 92.  You, who knew 
or should have known of your duties, on or about 19 Jan 
04, were derelict in the performance of those duties in 
that you willfully failed to refrain from consuming 
alcoholic beverages while under the legal drinking age 
of 21, willfully failed to refrain from possessing 
alcoholic beverages in the dormitory, willfully failed 
to remain within the limits of Sheppard AFB, Texas while 
in Phase I, and failed to adhere to call to quarters, as 
it was your duty to do.  Forfeiture of $400.00. 
(No appeal) (No mitigation) 

( 2 )   29 Jan 04, Vacation, Sheppard AFB, TX -  Article 92. 

You, who knew or should have known of your duties, on or 
about 19 Jan 04, were derelict in the performance of 
those duties in that you willfully failed to refrain 
from consuming alcoholic beverages while under the legal 
drinking age of 21, willfully failed to refrain from 
possessing alcoholic beverages in the dormitory, 
willfully failed to remain within the limits of Sheppard 
AFB, Texas while in Phase I, and failed to adhere to 
call to quarters, as it was your duty to do.  Forfeiture 
of $100.00 pay.  (No appeal) (No mitigation) 

( 3 )  5  Jan 04, Sheppard AFB, TX -  Article 92.  You, who knew 
or should have known of your duties, on or about 28 Nov 
03, were derelict in the performance of those duties in 
that you willfully failed to remain within the limits of 
Sheppard AFB, Texas while in Phase I and failed to 
adhere to call to quarters, as it was your duty to do. 
Forfeiture of $100.00 pay per month for 2 months  (in 
excess of $100.00 suspended).  Seven days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOC, 01 DEC 03 -  Failure to shave before reporting to duty. 

LOC, 19 NOV 03 -  Failure to go, and failure to follow a 

LOR, 19 NOV 03 -  Failure to remain within the limits of 

direct order. 

AETC 125A, 21 Jan 04 -  Technical Training Elimination. 
AETC!  173, 17 DEC 03 -  Failed Block V-b test. 

Sheppard AFB, TX while in Phase I. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs :  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (7) Mos  (13) Das 
TAMS:  (0) Yrs  (6) Mos  (13) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Jan 0 5 .  

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCW 
1. DD Form 214. 
2 .   Applicant's Issues. 
3. DD Form 214(Member 1 &  4). 
4. Two Character References. 

February 6,2005 

To Whom It May Concern: 

On the 24"  of February in 2004 I was discharged from the USAF. I was 

discharged with reasoning of rnis&nduct  During the last week of January in 2004 I was 

In my last month of my training in Tech-School at Shepard AFB. A fellow airman and I 

went off base where we met someone at an off base convenience store where my fellow 

airman and the other gentlemen purchased alcohol. After purchasing the alcohol, we went 

farther in town and consumed the beverages. 

In the early morning hours we retuned on base. I went through the front door and 

passed the CQ unnoticed. I met my fellow airman at a room with two of his friends. My 

fellow airman then told me how he went through the fire exit with more alcohoI and 

snuck it into the room. I sat down,  ate, and while watching telwision joked with my 

friends. 

I assume we were being loud or that the M.T.L. was doing room checks when he 

walked into the room. The M.T.L saw  all the alcohol that had been consumed and the 

bottles on tha floor. Immediately following we were told to -to 

his office. In his 

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office he filled out a'witness statement regarding the situation. We also had to fill one out 

for our actions that night. The next morning I was called down to the M.T,L's office and 

informed that I would be sent to a military holding squadron called Transition Flight. 1 

would be awaiting my Article 15 to be served from my Training Squadron Commander. I 

then completed my out-processing and waited to be sent home. 

. 

Both the airman I was with that night and I received an Article 15 for the 

following reasons: Phase violation, curfew violation, failing to refrain from consuming 

alcoholic beverages while under the legal drinking age of 21, possessing alcoholic 

beverages on base, and being off base in civilian clothes (which fell under phase 

violation). I was given a General (under honorable conditions) discharge for misconduct, 

with a re-entry code of 28. 

, .-,.,,,-..... 

It was one night where I didn't think about the consequences of my actions and,--.. . + . . -  

made very irresponsible decisions. I have accepted the responsibility for my actions. I 

deeply regret my actions and sincerely apologize for what I have done. Everyday since 

my discharge I think about the biggest mistake of my life, getting discharged from the 

USAF. The military lifestyle was fantastic. I was doing well in my training and loved the 

experience. One night of irresponsibility took all this away. 

I am requesting that my re-entry code be upgraded to a 1 or higher, so I can try to 

re-enlist in mother branch of the military. I want to successfufly serve my country again. 

I will do whatever it takes to prove I am a good person. Currently I am working two jobs 

to support my fianct and a child that will arrive in March of 2005. I want to give them the 

best life that I can, and I deeply feel the military is the only way to do this. 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION  AND TRAINING COMMAND 

FED 1 1 2004 

FROM:  362 TRSICCQ 

SUBJECT:  Notification Memorandum 

1. 1 am recommending yow discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my 
recommendation is approved, your service will be characterized as honorable or under honorable 
conditions (general).  I am recommending that your service be characterized as under honorable 
conditions (general). 

2.  My reasons for this action are: 

a.  You who knew or should have know of your duties at or near Sheppard AFB TX, on 

or about 19 Jan 04, were derelict in the performance of those duties in that you willfully failed to 
refrain from consuming alcoholic beverages while under the legal drinking age of 2 1, willfully 
failed to refrain from possessing alcoholic beverages in the dormitory, willfully failed to remain 
within the limits of Sheppard AFB TX while in phase I, and failed to adhere to call to quarters, as 
it was your duty to do.  For this misconduct your suspended Article 15 punishment was vacated 
on 29 Jan 04 and you received Article  15 punishment on 3 Feb 04. 

b.  You, who knew or should have know of your duties at or near Sheppard AFB TX, on 

or about 1 Dec 03, were derelict in the performance of those duties in that you failed to shave 
before reporting for duty, as it was your duty to do.  For this misconduct you received a Letter of 
Counseling (LOC) on 1 Dec 03. 

c.  You, who knew or should have know of your duties at or near Sheppard AFB TX, on 
or about 28 Nov 03, were derelict in the performance of those duties in that you willfully failed 
to remain within the limits of Sheppard AFB TX while in phase I and failed to adhere to call to 
quarters, as it was yow duty to do.  For this misconduct you received Article  15 punishment on 
5 Jan 04. 

d.  You did, at or near Sheppard AFB TX, on or about 13 Nov 03, without authority, fail 

to go at the time prescribed to yo~u. appointed place of duty, to wit:  mandatory study.  For this 
misconduct you received an LOC on 19 Nov 03. 

e.  You, who knew or should have know of your duties at or near Sheppard AFB TX, on 
or about 28 Nov 03, were derelict in the performance of those duties in that you willfully failed 

/ 

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to remain within the limits of Sheppard AFB TX while in phase I, as it was your duty to do.  For 
this misconduct you received a Letter of Reprimand (LOR) on 19 Nov 03. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation arc attached.  The commander exercising SPCM jurisdictjoil  or 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 will probably be denied enlistment in any component of the 
armed forces.  Any special pay, bonus, or educatiorl assistance funds may be subject to 
recoupment. 

. You may consult civilian counsel at your own expense. 

3.  You have the right to consult 
1 have made an appointment for you to 
1000 
' L"  ' unless you requcst and 
4.  You have the right to submit statements in your gr# p h a l f  (pny statements you want the 
separation authority to consider must reach me by 
receive an extension for good cause shown.  I -w:;ll send them to the separation authority. 

5.  If you fail to consult counsel or to submit statements in your owl1 behalf, your failure will 
constitute a waiver of your right to do so. 

6.  You have been scheduled for a medical examiliation.  You must report to the 82d Medical 
Group, Bldg 1200, Physical Examinations, at  147@ 

on  7-qq 

51. 

7.  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 usc in the Commander's support 'staff office. 

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

-- 
Squadron Section, Commander 

Attachments:  (listed on the next page)