AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

1 YYL  CrCN 

L I r a \ v v ~ . ~ - - .  ._- _ 

LNCE 

' ~ ' % i & ~ ~ ~ ! 9 ?  

NAME OF COUNSEL AND OR ORGANIZATION 

YES 

No 
X 

GRADE 

AB 

I  AF9NICSAN 

. '8 

i 

i; 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

- 

I 

X 

X 

X 

X 

~'-$$~-'FO=BQARD.. 

1 
2 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

( 

ISSUES  A94.05 

INDEX  NUMBER 

A67.10 
A66.00 

HEARING DATE 

CASE NUMBER 

15 Dec 2005 
APISICAM"S ISSUE AND THE B O W S  DEClSlONAt RATIONAL ARE DlSCUSSEDQN WJi ATTACHED AIR 6Oqrr DISCHARGE REVIEW BOARD DECISfONAL RATIONALE 

FD-2005-00223 

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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 

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

--  - 

TO: 

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

INDORSEMENT 

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I 

FROM: 

---  . 

DATE:  12/19l20@5 

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

1 

AFHQ FORM 0-2077, JAN 00 

I 
(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00223 

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 contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article 15s and a Vacation action under the UCMJ for drinking under age, failing to 
adhere to a call to quarters and for wrongfully using marijuana.  In addition, he also received a Summary 
Court-Martial for failure to go, failure to obey a lawful order, drinking under the legal drinking age, and for 
wrongfully and falsely altering a phase card.  Finally, he received five Letters of Reprimand and three 
Memorandums for Record for various acts of misconduct.  All this misconduct occurred within a 10 month 
period.  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 w&  18 years of age when the discharge took 
place.  However, there is no evidence he did not know right from wrong.  The Board opined the applicant 
was the same age as 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. 

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, M D  

(Former AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Sheppard AFB, TX on 25 Jul 02 
UP AFI 36-3208, para 5.49 &  5.54 (Misconduct -  Minor Disciplinary Infractions and 
Drug Abuse).  Appeals for Honorable Discharge, and to Change the RE Code, Reason 
and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 2 Apr 84.  Enlmt Age: 17 5/12.  Disch Age: 18 3/12. Educ: HS DIPL. 
AFQT: N/A.  A-77,  E-85,  G-84,  M-83. PAFSC: 2A612 -  Aerospace Ground Equipment 
Helper. DAS: 12 Nov 01. 

I 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Sep 01 for 6 yrs. Svd: 00 Yrs 10 Mo 14 Das, of which 

AMS is 0 yrs 10 months 6 days  (excludes 8 days lost time). 

b.  Grade Status:  AB -  22 May 02  (Summary Court Martial, 5 Jun 02) 

A1C -  9 NOV 01 

c.  Time Lost:  8 May 02 thru 15 May 02 (8 days). 

d.  Art 15's:  (1) 20 Jun 02, Sheppard AFB, TX -  Article 112a.  You did, 

on or about 20 May 02, wrongfully use some amount of 
marijuana.  Forfeiture of $552.00 pay.  (No appeal) (No 
mitigation) 

(2) 9 Apr 02, Vacation, Sheppard AFB, TX -  Article 92. 

You, who knew or should have known of your duties, on or 
about 2 Apr 02, were derelict in the performance of 
those duties in that you willfully failed to adhere to 
the call to quarters, as it was your duty to do. 
Forfeiture of $250.00. (No appeal) (No mitigation) 

(3) 5 Feb 02, Sheppard AFB, TX -  Article 92. You, who knew 
or should have known of your duties, on or about 11 Jan 
02, 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 and from frequenting a local hotel, as it was your 
duty to do.  Forfeiture of $250.00 pay per month for 2 
months, 15 days restriction to the limits of Sheppard 
AFB, Texas, 15 days extra duty, and a reprimand. 

(No appeal) (No mitigation) 

e.  Additional: LOR, 16 APR 02 -  Financial irresponsibility. 

MFR, 01 APR 02 -  Not doing homework. 
MFR, 29 MAR 02 -  Letter of counseling for not getting a 
.  MFR, 28 MAR 02 -  Late for school and reporting to school 
i 

with a substandard 36-2903. 

haircut. 

LOR, 15 MAR 02 -  Urinating behind a building, and lying and 

laughing about it when he was discovered 
by another airman. 

LOR, 13 MAR 02 -  Failure to perform Physical Conditioning. 
LOR, 31 JAN 02 -  Purchasing, possessing, and or consuming 
alcohol and or tobacco products, failure 
to remain on station, and failure to 
remain in an appropriate uniform. 

LOR, 23 JAN 02 -  Allowing an unauthorized entry of an 

airman into the facility while on guard 
duty without them showing appropriate 
identification. 

f.  CM:  Summary Court Martial -  5 Jun 02 

CHARGE I:  Article 86.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, at or near Sheppard AFB, TX, on or about 29 
Apr 02, without authority, fail to go at the time prescribed to 
his appointed place of duty.  Plea:  Guilty.  Finding:  Guilty. 

CHARGE I1 Article 90: Plea: Not Guilty, but Guilty of Article 92 
Finding: Not Guilty, but Guilty of Article 92. 

Specification:  Having received a lawful command from Lt Col 
his superior commissioned officer, then known by the 
to be his superior commissioned officer, to sign in each 

day, every 3 hours from 0600 until 2100, or words to that 
effect, an order which was his duty to obey, did, at or near 
Sheppard AFB, TX, on or about 21 Apr 02, fail to obey the same. 
Plea:  Not Guilty, but Guilty of the named LIO of failure to obey 
a lawful order.  Finding:  Not Guilty, but Guilty of named LIO of 
failure to obey a lawful order. 

CHARGE 111:  Article 91.  Plea:  Not Guilty, but Guilty of Article 
92.  Finding:  Not Guilty, but Guilty of Article 92. 

Specification:  Having received a lawful order from TSgt 

a noncommissioned officer, then known by the accused to be I 

noncommissioned officer, to sign in at 2100 and "not one minute 
later" or words to that effect, an order which it was his duty to 
obey, did, at or near Sheppard AFB, TX, on or about 21 Apr 02, 
willfully disobey the same.  Plea:  Not Guilty, but Guilty of the 
LIO of failure to obey a lawful order.  Finding: Not Guilty, but 
Guilty of named LIO of failure to obey a lawful order. 

FD2005-00223 

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

Specification:  Who knew or should have known of his duties at or 
near Sheppard AFB, TX, on or about 9 Apr 02, was derelict in the 
performance of those duties in that he willfully failed to refrain 
from consuming alcoholic beverages while under the legal drinking 
age of 21, as it was his duty to do. 

CHARGE V:  Article 134.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, at or near Sheppard AFB, TX, on or about 9 
Apr 02, wrongfully and falsely alter a phase card by adding two 
36lSt Training Squadron red ink phase stamps to a certain 
instrument purporting to be the accused's official phase 
identification card in words and figures as follows; Sheppard AFB 
Form 303A, stamped with three 361St Training Squadron phase stamps. 
Plea:  Guilty.  Finding:  Guilty.  Sentence adjudged on 8 May 02: 
Ten days confinement, forfeiture of $737.00 pay, reduction to 
airman basic, and a reprimand.  Action by convening authority: 
Only so much of the sentence as provides for confinement for 10 
days, forfeiture of $200.00 pay, reduction to airman basic, and a 
reprimand is approved and will be executed. 

I 
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g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (00) Yrs  (10) Mos  (06) Das 
TAMS:  (00) Yrs  (10) MOS (06) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln (DD Fm 293) dtd 2 Jun 05. 

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

for Discharge) 
C > 

f 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Recommendation for Discharge, 24 Jul 02. 
4. Legal Review, 19 Jul 02. 
5. Page 3, Record of Nonjudicial Punishment, 14 Jun 02. 
6. Response to Article 15 Action, 18 Jun 02. 
7. Student Training Report. 

2 June, 2005 

SAFB/MIBR 
550-C Street West, Suite 40 
Randolph AFB, TX 78150-4742 

Dear Sir/Ma'am: 

My name is 

and I am  separated from the U.S  Air  force. I  am writing to you in 
so  that  I  can  re-enlist.  I  received  a  general  (under  honourable 

conditions) discharge; and was completely separated by Jul 25 2002 (attl). 

My Recommendation  for  Discharge  (att2)  states that  members separated for  drug abuse are not 
eligible for probation  and  rehabilitation Qqhlighted).  I was separated because  I  was  caught underage 
drinking on Apr  09 2002.  My squadron commander at  the time  notified me  of  this  a few  days later. 
However the Legal Review of  my Recommendation for Discharge, dated Jul  19 2002  (att3) states that 
the reasons for my discharge were minor disciplinary infractions and drug abuse %@' 1;"ghiiI)Tand  goes 
on to say that I was notified of  my separation for the latter reason on Jul  16 206&$$$mFAt 
this 
point in time I was assigned to the transition flight on Sheppard AFB TX, a flight ohly for people who 
have  already started the separation process  The point I am  trying to make is although I received non- 
judicial punishment on Jun  14 2002 for the incident (att4) the order for my separation had been passed 
before then because of the Apr 09 2002 incident. 

In no way am I trying to condone my actions, but in an effort to explain them I have enclosed the 
letter I wrote to my Squadron Commander at  the time  (att5). Other than  this isolated incident (att3) 
clearly states that my reason for discharge was minor disciplinary infractions. I strongly believe that the 
reason for this is because I made the commitment too young. I enlisted at 17 and was the youngest of all 
2-3000  airmen in my squadron and most  of  the others. Unbeknown to me at the time I was still too 
immature and had a lot of  growing up to do. Some people are ready at that age; I now see that I wasn't.. 
Now 21 I can see that I've  grown into a completely different person with a mature outlook on life, but 
with the same goals and ambitions. 

As I stated in (att5) throughout my technical training I always maintained good grades and kept my 
G.P.A  above average, as you can see by looking at the results of  my progress checks and block tests. I 
have enclosed my student training report (att6) to show these. I was good at and enjoyed my job,  which 
is why I am trying so hard to upgrade my discharge, as I am now without the mental youth that put me 
off focus in the first place. I believe I am now ready and mature enough to take on the commitment of a 
career in the U.S.A.F.  It's  what I was born for, only I made the drastic mistake of rushing into it. 

Whilst in B.M.T  there  was  1 trainee that was enlisted due to a court' order, I don't  know the detail 
of his case but if and individual cap be tried and convicted in a court of  law, and can then be trusted to 
pay hisher debt  to society by an enlistment period in the  air  force; surely I  can be spared a second 
chance also. Isn't  that fair? Especially with the current escalating situation in Iraq, that makes me want 
to help my country even more. Re-enlistment is everything to me and I will do anything to achieve it, 
so please  do  what-you  can  to make my  military experience so  far  a lesson  for the  future  and not  a 
memory  of  the  past,  that  I will  kick myself  forever for;  for  ruining.  If  you  put  as  much  time  and 
thought into making your decision as I put into ~utting this ~ackage together, I know you will see that 
I  am  ready to give it another  go,  and determined not  to fail  again.  It's  not  just  that  I  want  it;  I  was 
destined to be a part of the world's  greatest air power, and ain willing to do anything for it. 

-. - 

June 2,2005 

Peter Alexander, 
SSN: 540 59 9172 

. - 

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( 
DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

F P P ~ ~ ~ ~ C O  

273 

1 

':UL 

I  6  2002 

MEMORANDUM FOR -. AB]U 
FROM:  361 TRSICCQ 

361 TRS 

SUBJECT:  Notificatior~ Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor 
disciplinary infractions and drug abuse.  The authority for this action is AFPD 36-32 and 
AFI 36-3208, paragraphs 5.49 and 5.54.  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 did, at or near Sheppard AFB TX, on or about 20 May 02, wrongfully use 

some amount of marijuana.  For this misconduct you received Article 15 punishment on 
20 Jun 02 

b.  You did, at or near Sheppard AFB TX, on or about 29 Apr 02, without authority, 
fail to go at the time prescribed to your appointed place of duty, to wit: details at bldg 
51 6.  For this rr~isconduct and subparagraph "c" through "f" below, you were found guilty 
by a Summary Court-Martial on 8 May 02. 

c.  You, who knew or should have known of your duties at or near Sheppard AFB 

TX, on or about 21 Apr 02, were derelict in the performance of those duties in that you 
failed to sign in each day every 3 hours from 0600 until 2100, as it was your duty to do. 

d.  You, who knew or should have known of your duties at or near Sheppard AFB 

TX, on or about 21 Apr 02, were derelict in the performance of those duties in that you 
failed to sign in at 2100, as it was your duty to do. 

e.  You, who knew or should have known of your duties at or near Sheppard AFB 
TX, on or about 9 Apr 02, were derelict in the performance of those duties in that you 
willfi~lly failed to refrain from consuming alcoholic beverages while under the legal 
drinking age of 21, as it was your duty to do. 

f.  You did, at or near Sheppard AFB TX, on or about 9 Apr 02, wrongfully and falsely 

alter a phase card by adding two 361st Training Squadron red ink phase stamps to a 
certain instrument purporting to be the accused's official phase identification card in 
words and figures as follows; Sheppard Air Force Base Form 303A, stamped with three 
361 st Training Squadron phase stamps. 

g.  You did, at or near Sheppard AFB TX, on or about 9 Apr 02, make and utter a 

certain check to the North Bowling Lanes, to wit: check #1026, in the amount of $24.00, 
for the procurement of lawful currency or things of value, and did thereafter 
dishonorably fail to maintain sufficient funds in your bank account for payment of said 
check in full upon presentment for payment.  For this misconduct yp  received an LOR 
on 16 Apr 02. 

*  Y 

. . 

h.  You, who knew or should have known of your duties at or near Sheppard AFB 
TX, on or about 2 Apr 02, were derelict in the performance of those duties in that you 
willfully failed to adhere to the call to quarters, as it was your duty to do.  For this 
misconduct your suspended Article 15 punishment was vacated on 9 Apr 02. 

i. You did, at or near Sheppard AFB TX, on or about 8 Mar 02, urinate behind 

building 516.  For this misconduct you received an LOR on 15 Mar 02. 

j.  You, who knew or should have known of your duties at or near Sheppard AFB TX, 

on or about 22 Feb 02, were derelict in the performance of those duties in that you 
failed to perform physical conditioning (PC), as it was your duty to do.  For this 
misconduct you received an LOR on 13 Mar 02. 

k.  You, who knew or should have known of your duties at or near Sheppard AFB 

TX, on or about 27 Jan 02, were derelict in the performance of those duties in that you 
failed to remain proper military uniform and not wear civilian clothes and remain on 
station, as it was your duty to do.  For this misconduct subparagraph "I" below, you 
received an LOR on 31 Jan 02. 

I.  You, who knew or should have known of your duties at or near Sheppard AFB TX, 
on or about 23 Jan 02, were derelict in the performance of those duties in that you failed 
to refrain from possessing, purchasing, and consurrring tobacco products, as it was your 
duty to do. 

m.  You, who knew or should have known of your duties at or near Sheppard AFB 

TX, on or about 23 Jan 02, were derelict in the performance of those duties in that you 
allowed an unauthorized airman from another squadron to enter your facility with out 
showing proper identification, as it was your duty to do.  For this misconduct you 
received an LOR on 23 Jan 02. 

n.  You, who knew or should have known of your duties at or near Sheppard AFB 

TX, on or about 1 I Jan 02, 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 and from frequenting a local hotel, as it was your duty to do.  For this 
misconduct you received Article 15 punishment on 5 Feb 02. 

o.  You did, at or near Sheppard AFB TX, on or about 15 Jan 02, fail to go at the time 

prescribed to your appointed place of duty, to wit: school.  For this misconduct you 
received an AETC Form 1 73, Student Record of Academic/Nonacademic Counseling 
and Comments, on 15 Jan 02. 

p.  You, who knew or should have known of your duties at or near Sheppard AFB 

TX, on or about 10 Dec 02, were derelict in the performance of those duties in that you 
willfully failed to stay awake in class, as it was your duty to do.  For this misconduct you 
received an AETC Form 173 on 10 Dec 01. 

q.  You, who knew or should have known of your duties at or near Sheppard AFB  . 
TX, on or about 3 Dec 02, were derelict in the performance of those duties in that you 
willfully failed to stay awake in class, as it was your duty to do.  For this misconduct you 
received an AETC Form 1 73 on 3 Dec 0 1. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction 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 to reenlist in the Air Force and will probably be denied enlistment in any 
component of the armed forces. 

3.  You have the right to consult counsel.  Military legal counsel has b e g  obtained to 
assist you.  I have made an appointment for you to consult 
Defense Counsel, at BLDG 1638, on 

You may consult civilian counsel at your okrfexpense.  vrea 

ours. 

.  - 

A  a///f142 at 

4.  You have the right to submit statements in your own 
want the separation authority to consider must reach me by 
1.1n1ess you request and receive an extension for good cause shown.  I will send them to 
the separation authority. 

5.  If you fail to consi~lt counsel or submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

6.  You were scheduled for a medical examination on 21 May 02. 

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 use in the 361 TRS student 
administration office. 

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

Attachments: (Listed on next page) 

1.  AF Form 3070,20 Jun 02 
2.  Response to Article 15 Action, 18 Jun 02 
3.  82 MDOSISGOHA Memo, 30 May 02 
4.  AFI E W S D T  Brooks AFB TX, Msg ,291 5502, May 02 
5.  82 MDOSISGOHA Memo, 4 Jun 02 
6.  AFIEWSDT Brooks AFB TX, Msg, 031 944, Jun 02 
7.  AF Form 3545,02050243 wl7 atch 
8.  DD Form 490 wlArticle 64A Review, 5 Jun 02 
9.  AF Form 1359,8 May 02 
10. DD Form 2329,8  May 02 
I 1. DD Form 2707,8  May 02 
12.AF Form 2098,lO May02 
13.AF Form 2098,17  May02 
14.361 TRSICC Memo, 3 ~ p r  02 

15.AF Form 1 168, A1 - 9 Apr 02 

18 Jan 02 
18 Jan 02 

18 Jan 02 
26 Jan 02 

16. SAFB Form 303A 
17. LOR, 16 Apr 02 
18.82 SPTGISVF Memo, 9 Apr 02 
19.AF Form 366,9 Apr 02 
20.AF Form 1 168, SSgt 
21.AF Form 1168, A l C  
22. LOR, 15 Mar 02 
23. LOR, 13 Mar 02 
24. MFR, s s g t w  8 Mar 02 
25.LOR,  31 Ja 
26. LOR, 23 Jan 02 
27.AF Form 3070,5 Feb 02 
28.AF Form 1168, AB 
29.AF Form I 168, AB 
30.AF Form 1 168, AB 
31.AF Form 1168, SSg 
32.AETC Form 173,15 Jan 02 
33.AETC Form 173,lO Dec 01 
34.AETC Form 173,3 Dec 01 
35.AETC Form 125A, 5 Jun 02 
36. Student Training Report, 02063 
37.MFR,  Mr. 

, undated 

41 .Airman's Receipt to Notification Memorandum 

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