NAME OF SERVlCE MEMBER (LAST, FIRST MIDDLE INITlAL) 

GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

----.--  . .. 

TYPE  GEN 

'Ow.< a 1 

PERSONAL AYYLAKA~L'E 

NAME O F  COUNSEL AND OR ORGANIZATION 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANEATION O F  COUNSEL 

I 

4 

MEMBER SITTING 

1 

HON 

I 

GEN 

UOTHC 

I  OTHER 

I  DENY 

ISSUES  A93.09 

-- 

I  INDEX  NUMBER 

A67.90 

X 

EXHIBIT SUBMHTED TO THE BOARD 

1  1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION  FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'$  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

I  HEARING DATE 
29 Dee 2005 
I  APPLICANT'S ISSUE AND THE BOARD'S  DECISIONAL  RATIONAL  ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 
I 

FD-2005-00282 

CASE NUMBER 

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. 

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

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

I  FROM: 

I 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  RLVIE\\  BOARD 
1535 COIIbIAND DR. EE  \\ INC. 3 R D  FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

1 

1 

1 

1 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00282 

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

ISSUE:  Applicant  does not  contest  his discharge.  He merely  states that  he would  like an upgrade for his 
future reputation on resumes.  The records  indicated  the applicant  received two Article  15s and a Letter of 
Reprimand  for consuming  alcohol  underage, driving under the influence of alcohol,  and willfully  failed to 
refrain  from  frequenting  a  local  hotel.  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 AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Moody AFB, GA on 06 Jul 04 UP 
AFI 36-3208, para 5.50.2 (Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge. 
2 .  BACKGROUND : 

a. DOB: 10 Jul 84. Enlmt Age: 18 7/12.  Disch Age: 19 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-72,  E-72,  G-80,  M-76. PAFSC: 2A636 -  Aircraft Electrical & 
Environmental System. DAS: 02 Apr 04. 

b.  Prior Sv: (1) AFRes 29 Jul 02 -  04 Aug 03  (01 yr 00 mos 05 

days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 05 Aug 03 for 4 yrs. Svd: 00 Yrs 11 Mo 02 Das, all AMS. 

b.  Grade Status:  AB -  11 May 04 (Vacation of Article 15, 11 May 04) 

Amn  -  06 Feb 04 

c.  Time Lost:  None 

d.  Art  15's:  (1) 11 May 04, Vacation, Moody AFB, GA -  Article 92.  You, 

who knew of your duties at or near Valdosta, Georgia, on 
or about 25 Apr 04, were derelict in the performance of 
those duties in that you willfully failed to refrain 
from consuming alcohol while under the age of 21, as it 
was your duty to do.  Reduction to AB, and 10 days extra 
duty.  (No appeal) (No mitigation) 

(2) 08 Mar 04, Sheppard AFB, TX -  Article 92.  You, who 
knew or should have known of your duties at or near 
Wichita Falls, Texas, on or about 31 Jan 04, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcohol 
beverages while under the legal drinking age of 21 and 
willfully failed to refrain from frequenting a local 
hotel, as it was youPduty to do.  Suspended reduction 
to AB.  Forfeiture of $250.00 pay, and 20 days extra 
duty  (in excess of 10 days suspended).  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 25 MAY 04 -  Consuming alcohol underage and driving 

under the influence of alcohol. 

f.  CM:  None. 

g.  Record of SV: None 

h.  Awards &  Decs:  AFTR. 

4 

i.  'Stmt of Sv':  TMS:  (01) Yrs (11) Mos  (08) Das 
TAMS:  (00) Yrs  (11) Mos  (02) Das 

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

(Change Discharge to Honorable) 

Issue 1:  I request upgrade to honorable for my future reputation on 

resumes. 

ATCH 
None. 

i 

DEPARTMENT OF THE  AIR  FORCE 

HEADQUARTERS 347TH RESCUE WING (AFSOC) 

M O O D Y  AIR  FORCE BASE, GEORGIA 

Z-UOZ  BF 

MEMORANDUM FOR  AB 0 

16 Jun 2004 

FROM:  347 MXS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct:  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 5.50.2.  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 are as follows: 

a.  On 3 1 Jan 04, you failed to refrain from consuming alcoholic beverages while under the legal 
drinking age of 21 as it was your duty to do.  For this offense, you received nonjudical 
punishment under Article 15, UCMJ on 8 Mar 04 (Atch la). 

b.  On or about 25 Apr 04, you willfully failed to refrain from consuming alcohol while under the 
age of 21, as it was your duty to do.  For this offense you received vacation of suspended non 
judicial punishment on  11 May 04 (Atch lb). 

c.  On  or about 25 Apr 04, you were apprehended for driving under the influence of alcohol and 
consuming alcohol while under the legal age of 21.  For this offense you received a Letter of 
Reprimand (LOR) on 25 May 04 (Atch  lc) that was added to your existing Unfavorable 
Information File (UIF). 

. 

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 Area Defense Counsel, in Building 5 107 Austin Ellipse, 
extension  (DSN) 460-342 1, on 16 Jun 2004 at 1500 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 21 Jun 2004 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 the Moody Air Force Base 
Public Health section, Building 970 on 17 Jun 2004 at 0730 hours for the examination.  This is a 
mandatory appointment.  Be sure to bring your medical records to this appointment. 

Com6at Rescue - That Others Nay Live 

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 347 RQWIJA. 

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

Attachments: 
1. Supporting Documents, Reason for Discharge 

a.  AF Form 3070, dated 8 Mar 04 
b.  AF  Form 366, dated  11 May 04 
c.  LOR, dated 25 May 04 
d.  Report of Investigation,  dated 26 Apr 04 

2.  Receipt of Notification Memorandum