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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE GEN 

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PERSONAL APPEARANCE 

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I  RECORDREVIEW 

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MEMBER SITTING 

- ISSUES  A94.05 

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INDEX NUhlBER 

A67.90 

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ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

1  05 Oct 2005 

CASE NUMBER 

I  FD-200500155 

1 

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Case heard at Washington, D.C. 

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

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

I 

AFHQ FORM 0-2077, JAN 00 

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

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00155 

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  applicant  substantiates  an 
impropriety or inequity that would justify a change of discharge. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article  15's and a Letter of Reprimand for misconduct involving the use of alcohol. 
All  three  instances  were  for  drinking while  under  the  age  of  21.  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 AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Eielson AFB, AK on 12 Jul 02 
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: 28 May 81.  Enlmt Age: 17 8/12.  Disch Age: 21 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-58,  E-74,  G-57,  M-84. PAFSC: 2A353B -  Tactical Aircraft 
Maintenance.  DAS: 17 Feb 00. 

b.  Prior Sv: (1) AFRes 19 Feb 99 -  08 Jun 99  (03 mos 20 das) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  9 Jun 99 for 4 years. Svd: 03 Yrs 01 Mo 04 Das, all AMS. 

b.  Grade Status:  Amn  -  31 May 02 (Art 15, 31 May 02) 

A1C -  20 Oct 00 
A m  -  09 Dec 99 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 31 May 02, Eielson AFB, AK -  Article 92.  You, who knew 
or should have known of your duties, on or about 27 Apr 
02, were derelict in the performance of those duties in 
that you willfully failed to refrain from drinking 
alcohol while under the age of 21, as it was your duty 
to do.  Reduction to Amn. 
(No appeal) (No mitigation) 

(2) 01 Nov 00, Eielson AFB, AK -  Article 92.  You, who knew 

of your duties, on or about 9 Oct 00, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from drinking alcohol while under the 
age of 21, as it was your duty to do.-  Received a 
Reprimand.  (No appeal) (No mitigation) 

e.  Additional: LOR, 28 AUG 00 -  Failure to refrain from underage drinking. 

f.  CM:  None. 

g.  Record of SV: 09 Jun 99 -  08 Feb 01  Eielson AFB  3  (1nitial)REF 

09 Jun 99 -  08 Feb 02  Eielson AFB  5  (Annual) 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (04) Mos  (24) Das 
TAMS: (03) Yrs  (01) Mos  (04) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Apr 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2.  Certificate for AF Expeditionary Medal. 
3.  Two Certificates of Accomplishment. 
4.  DD Form 149. 

APPLICATEGN FClA T i E  FiEViEW OF DISCHARGE 

(?Iszse  rsad instruciions on P2gs 3 2 n d  d  SEFORE om,e/ering this ap,o/iccition.l 

FROPA  THE ARMED  FORCES  OF TME UPdlTED STATES 

l a t h r i n g  and rneinteinlng the d-ie  nrsdcd,  end com?i+ting  and roviewing the co1ltc:ion  of  information.  Send comments regarding this burden estimate or  any other  aspect  of this coil.ction  of 
the  burden, to the  De;axment  of Deimse,  k e c u t ~ v e  Ssrvices and Communications Directoratr ICi04-OC04). Respondenu should be aware  :hat 
FErsOn she!l  52 sub/rc;  to any psneliy for  !ailing  to ccmply  with a col!ecrjon of information if it does not oisplay  a currently  valid  OM8 camrol 

I 
1 
I  Thr pubiic repocing burden tor ~ h l s  collection of intoi;ne?,on is  estjrr;e:=d  i a  average 170 mirrutes per response, including the dre for r e n ~ ; i n j  Ir.s:ru:ris?s, 
1  numbir. P E A S E  30 NOT RETUW YOUR  FORM TO  THE ,WOVE  ORGANIZAT!CIN.  RW- RN COM?LETED FORM TO  THE APFSOiFJAiE ADCRESS ON BACK OF  THS PAGE. 
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A U T H O R I T Y :   10 U.S.C.1553;  E.O.  9397. 
1  PR!MCIPAL  PURPOSE(S):  T o  apply for  a  change in the  characterization  or  reason ior military discharge issued to an individual. 
1  :ROUTINE  USE(S):  None. 

Appio~~d 
OMB NO. 0704-0004 
Expires Azig 31, 2@6 

PRiVACY ACT STATEi'.'l.'IENT 

star:him  %izflna  datr sourses,' 

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SEPARATION 

d-~"X(37\'& 
1 Q  ag-  SQ  ( p=flq> 
Eicisoll  AFQ,  AK 

- J  kcwe  a#&Cked 

6.  ISSUES:  VJHY AN UPGRADE OR  CHANG' 

GENERAVUNDER HONORABLE CONDITIONS 

UNDER  OTHER THAN HONORABLE CONDITlCNS 

BAD CONDUCT lSpeu>l court-mamd  only1 

UNCHARACTERiZED 
OTHER (Explain1 

I 

- HONORABLE CONDITIONS 

CHANGE TO Gc5NERAUUNDER 

CHANGE  TO  UNCHARACTERIZED 
/Not applcabk for f i r  Force1 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

IS REQUESTED AND JUSTIFICATION  FOR THE REQUEST (Continue in Item  14. See insiructions on h g e  3.1 

o n e  

s e p e t - e   p v e r   ta  presehr 

7.  ( X i f  applicab/el A N  APPLlCArlON  WAS PREViOUSL'i  SiiaMlTTED ON (YWKVfviDDI 

' 

AND THIS FORM IS SUSMITED TO ADD  ADDITIONAL ISSUES, JUSTIFICATION,  OR  EVIDENCE.. 

- h&e  &*-d 

~ ~ d ~ ~ l

F t c d a 3  

8.  IN SUPPORT OF THIS  APTLICATION,  THE FOLLOWING  Ai7ACHED  DOCUMENTS ARE  SUBMITTED AS EVIDENCE:  (Continue in  Item  77. If  military documents or 
, 

rn=dica/records are relevant to your  case, pease send copies.] 

d u ~ f f l c ~  ~ P e w a -  

  recte=J 

P

capre*  d  )ce  A
, ~  

prlbr  *  m y   d~sd-atgt.. 

OF R m l E W  REQUESTED (X one) 
ONDUCT A  RECORD REVIEW OF MY DISCHARGE BASED. ON M Y  MILITARY PERSONNEL FILE AND ANY  ADDITIONAL DOCUMENTATION 
U B M I T E D  BY ME.  I ANDIOR  lcounsel/rewesenrative~ WiLL  NOT APPEAR BEFORE THE BOARD. 

I AND/OR  lcounsdkepresentativel  WISH TO APPEAR A T  A  HEARING,ATNO  EXPENSE TO  THE GOVERNMENT BEFORE THE SOARD  IN THE 
WASHINGTON.  D.C. METROPOLITAN AREA. 
I AND/OR  (wunsJhe.presentativej  WISH TO APPEAR A T  A  HEARING A T  NO EXPENSE TO THE GOVWNMENT BEFORE A  F - V E L I N G  PANEL CLOSEST TO 
(enter ciw and shtel 

/NOTE The Navv Discharue Revjew  Board does not have a  rravelinu  and) 

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: 

1 10:a.  COUNSEUREPRESENTATIVE  flf  anvl  NAME /Last.  First, Middle Initial1 AND ADDRESS 
( 

(See Item  10 of the ;nsrructions  abour  coun~elk~~resentarive. 

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I b. TELEPHONE 1'IUMBER /Include Area  Code1 
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c.  E-MAIL 

d.  FAX NUlviBEfi  (Include Area  Code) 

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1  -  ,  ,-- 

.. the  nay!  :(.rinrl 

1. 

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11.  P.PPLICANT  MUST SIGN IN ITEM 13.a.  BELOW.  if the record in question is *Fit  of  a  deceased or  incompetent person,  LEGAL ?ROOF  OF DEATH OR 

INCOMPETENTENCY MUST ACCOXPANY  THE APPLICATION.  If the_ application is  signed by other than the applicant, indicate 

12.a.  CURRENT MAILING ADDRESS  OF APPLICANT OR  PERSON ABOVE 

(Forward notification  of any change in  address.] 

b.  TELEPHONE NUMBW (lcclu&e 

Codel 

.  I- - 

and relationship by marking a box below. 
. 

.  .- - .- . . 

. 

WIDOWER  I 

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I believe that an article 15 punishment leading to my discharge from the armed forces was 
unjust. The article 15 was given to me on the basis of the testimony of only my squadron's 
first sergeant and one scared airman, that I consumed alcohol under the age of 21. 

On the night of April 27,2002, my fiancC flew up to Alaska to spend time with me. There 
was a squadron dinner in the basement of our dorm that evening and some fellow 
coworkers stopped in to say hello to her and I, on their way, at approximately 8 pm. 
Several of the airman brought in beer, and many other dorm mates were coming and 
going from my room and consuming their alcohol. I, however, never did. I didn't want to 
waste any time with my fiancC by being drunk. After the last of the airman left my room, I 
put the beer they had left behind in the refigerator outside my door and locked the door. 
At 0500 I received a phone call h m  an airman stating he was in jail after receiving a 
DUI. At 05 15 I received another phone call from another airman stating he, too, was in 
jail for a DM. They both had asked me to come bail them out, but I did not have the 
money and so could not. After the first sergeant questioned the two airmen, he found out 
they had consumed the alcohol in my room, and that one of the airmen was underage. He 
questioned the underage airman more, intimidating him, and got the airman to say that I, 
too, was consuming alcohol. There were never any security forces that came to my room 
that night and there was never anyone to positively verify that I consumed alcohol, except 
one ainnan already under the influence of alcohol. 

I had received an article 15 for underage drinking prior to this offense and I was given a 
notification for discharge after my second. I do take full responsibility for my action on 
my prior article 15, and I worked very hard to overcome that. While deployed to 
Operation Enduring Freedom in Kuwait, I received a commanders coin for recognition of 
my accomplishments, an Outstanding Assistant Crew Chief award presented to me by the 
commander, and the Top Fox award for being the outstanding mechanic throughout the 
deployment. After returning home fiom the deployment I did not stop, I went on to design 
new layouts for tool boxes, and new maintenance stands to help other mechanics. 

I do truly believe that this first sergeant felt like he had a duty to get me discharged before 
he retired. My name should have never have come up while he questioned an airman for 
an off base DUI. Furthermore, I have never understood why this first sergeant would want 
to pursue such a case with no such cause. As stated in the Airman's Manual, your first 
sergeant is there to help any airman in a time of need, and there to provide support and 
direction. This first sergeant did just the opposite. 

Thank you for your time in considering this upgrade. 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

FROM:  18 FSICC 

SLE? JECT:  Notification Memorandum 

1.  I am recommending yoyr discharge fi-om the United States Air Force for A Pattern of 
Misconduct - Conduct Prejudicial to Good Order and Discipline.  The authority for this action is 
AFPD 36-32 and AFI 36-3208, paragraph 5 S0.2.  If my recommendation is approved, your 
service will be characterized as honorable or general.  I am recommending that your service be 
characterized as general. 

2.  My reasons for this action are as follows: 

a.  On or about 6 Aug 00, you drank alcohol while, under the age of twenty-one years.  For 

this infiaction, you received a Letter of Reprimand, dated 28 Aug 00 (Atch 1). 

b.  On or about 9 Oct 00, you drank alcohol while under the age of twenty-one years.  For 

this Saction, you received nonjudicial punishment, dated 1 Nov 00 (Atch 2). 

c.  On or about 27 Apr 02, you drank alcohol while under the age of twenty-one years. 

For this infiaction, you received nonjudicial punishment, dated 3 1 May 02 (Atch 3). 

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 and any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

4.  You have the right to consult counsel.  Military 1 
I have made an appointment for you to consult Capt 
Building 3 1 12, Room 155, Eielson AFB, Alaska, on 
may consult civilian counsel at your own expense. 

vb- -. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by (3 duty days)  Z d - u n l e s s  
and receive an extension for good cause shown.  I will send them to the separation authority. 

you request 

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.  You 
Examination Section, 354th Medical Group, Building 3349, at 
examination. 

8.  Any personal information you fbrnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in your orderly room. 

Attachments: 
1.  Letter of Reprimand, dtd 28 Aug 00 (2pgs) 
2.  AF Form 3070, dtd 1 Nov 00 (5pgs) 
3.  AF Form 3070, dtd 31 May 02 (5pgs)