AIR FORCE DISCHARGE REVlEW BOARD HEARING  RECORD 

1  N 4 M E  O F  SERVIC'E MEMRER (1..4ST, F I R M  hllDDLE INI'I IAL) 

GRADE 

A l C  

AFSN/SS.QN 

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X 

I  HECORDREVIEW 

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MEMBER SITTING 

INDEX  NIIMUER 

A94.06 

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ICXillBITS SUBMJTrEU TO THE BOARD 

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ORDER APPOIN'I'ING  THE ROAR13 
APPLICATION  FOR  KI.:VIEW  OF DISCHARGE 
I.E'IIEK  01: NOTIFI(:A.IION 
BRIEF OF PERSONNEL  FILE 
COIJNSEL'S  RELFASI-:  10 TllE BOARD 
ADDIT1C)NAI.  F:XHIBITS 
PERSONAI.  APPEARANCF 

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SUBMI'I"IE1)  AT TIMF. ()I: 

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1 

IIEARIN(;  DATE 

27 DCC 2005 
APPLICANT'S  ISSUE AND Ti@ BOARD'S DECISIONAL RA I IONAL ARE DISCUSSED ON  I tit ATTACHED AIR rORtt DISCHARGE REVIEW BohKD UtrISlONAI  RATIONALk 

FU-2005-00281 

Case heard  at Washington, D.C. 

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

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

TO: 

SAFIMRBR 
550 C S'fKEE'C  WEST, SUITE 40 
W D O L P H  AFB, TX 78150-4742 

FROM: 

SECRETARY OFTHE AIR FORCE PERSONNEL COIINCII.. 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING. 3 R n  FL.OOH 
ANDREWS AFB, MD 20761-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISlONAL RATIONALE 

CAGE NUMBER 

; 

FD-2005-00281 

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

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. 

FINIIINGS:  Upgrade  of discharge is approved.  Change of reason and  authority  ior discharge, and change 
of reenlistment code are denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  suhstantiates  an 
impropriety  that  would  justifj  a  change  of  discharge.  Wowever,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds thc applicant's  discharge characterization inequitable. 

ISSUE:  Applicant contends discl~arge was inequitable because  it was too harsh.  Thc records  indicated  the 
applicant  receivcd  a  Letter  of  Reprimand  fbr  consuming  alcohol  underage  and  two  Memorandums  for 
Kecord for failing his course examination twice.  A two time failure of an individual's  course examination is 
reason  for  discharge.  However,  it  is  not  reason  for  a  General  discharge  unless  there  is  other  significant 
misconduct.  Keceiving  a  LOR  lor  consuming  alcohol  underage  is  misconduct,  but  we  do  not  discharge 
individuals for one time underage consumption of alcohol. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive requirements  of  the  discharge  regulation  and  u7as within  the  discretion  of the 
discharge authority and that the applicant was provided full administrative due process. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service  is  more  accurately  reflected by  an  Honorable  characterization  under  the  provisions  of 
Title  10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DTSCKARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER REVXEW:  Appl rec'd a GEN Disch fr Beale AFB, CA on 2 Aug 04 UP 
AFI 36-3208, para 5.26.3 (Unsatisfactory Performance).  Appeals for Honorable 
Discharge, and to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Jan 84. Enlmt Age: 17 11/12.  Disch Age: 20 6/12. Educ: HS DTPL. 

AFQT: N/A.  A-57,  E-59,  G-44,  M-49. PAFSC: 2A733 - Aircraft Structural 
Maintenance Apprentice. DAS: 08 Apr 03. 

b.  Prior Sv: (1) AFRes 26 Jan 02 -  05 Aug 02  (06 months 10 

days )  ( Inactive) . 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 06 Aug 02 for 6 yrs. Svd: 01 Yrs 11 Mo 27 Das, all AMS. 

b.  Grade Status:  A1C  -  20 Sep 02 

c.  Time Lost :  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 04 JUN 03 -  Consuming alcohol underage and making 

MEMO, 25 MAY 04 -  Second Course examination failure. 
MEMO, 15 MAR 04 -  First Course esamination failure. 

false statements. 

f.  CM:  None. 

g.  Record of SV: 06 Aug 02 -  06 Apr 04  Beale  AFB  3  (1nitial)REF 

h.  Awards &  Decs:  AFTR 

i.  Stmt of Sv:  TMS:  (02) Yrs  (06) Mos  (07) Das 
TAMS: (01) Yrs  (11) Mos  (27) Das 

4.  BASIS ADVANCED FOR REVXEW:  Appln  (DD Fm 293) dtd 14 Jul 05. 

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

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

DEPARTMENT OF THE AIR  FORCE 

9TH MAINTENANCE SQUADRON (ACC) 

BEALE AIR FORCE BASE, CALIFORNIA 95903 

FROM:  9 MXSICC 

SUBJECT:  Notification Memorandum 

I.  I am recommending your discharge from the United States Air Force for Unsatjsfactory 
Performance:  Failure to progress in on-the-job training (OJT).  The authority for this acti0.n is 
AFPD 36-32 and AFI 36-3208, paragraph 5.26.3. If my recommendation is approved, your service 
will be characterized as an Under Honorable Conditions (General) Discharge.  I am recommending 
that your service be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On 25 April 2003, you were caught by the Dorm CQ (Bldg 241 10) consuming alcohol as a 

minor.  Furtl~ermore, you made a false official statement regarding this issue.  For these acts of 
misconduct, you received a Letter of Reprimand on 4 June 2003. 

b.  On 15 March 2004, you were notified that you failed your first course examination for 

Career Development Course, 2A753.  For this failure, an Interview for frrst time Career 
Development Course Failure was accomplished on 23 March 2004.  Subsequently you completed a 
supervised study program 

c.  On 25 May 2004, you were notified that you failed your Career Development Course, 2A753, 

for the second time. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
have made an appointment for you to consult Capt Tyler Merkel at Area Defense Counsel, on 
26 Julv 2004. at 1030 hours.  You may consult civilian counsel at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 29 July 2004 at 1600 hours unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

5.  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. 

6.  'You have been scheduled for a medical examination.  You must report to Public Health on 
29 July 2004. at 0730 hours for the examination. 

' 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 at your Commander's support staff or Separations Office 
at the MPF. 

' 

/ / 

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

I 

-  Commander 

Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification Memorandum