NAME O F  SERVICE MEMBER (LAST. FIRST MIDD1.E Ib1lTIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 

(  AFSN/SSAN 

TYPE  GEN 
'OUNSEL 

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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZ4TlON 

RECORD REVIEW 

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ADDRESS AND OR ORGANIWTION OF COUNSEL 

I 

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MEMBER SITTING 

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VOTE OF THE BOARD 

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ISSUES  A94.05 

INDEX NUMBER  A67.90 

1  ORDER APPOINTMG THE BOARD 

I  1 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 
3 1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

1  TAPE RECORDING  OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

I 

06 Dec 2005 
APPUCANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL .WE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00308 

I 

I 

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. 

A 

~ I C N A ~ I I R ~ .  

OF RECORDER 

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

INDORSEMENT 

. 

. . . . - . . . . 

I 

. ..  .- 

FROM: 

DATE:  1 ZlfY2005 

. . . . . .  . 

SECRETARY OF THE AIR FORCE  PERSONNEL COLiNClL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COhmUND D R  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-'1002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00308 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to 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  Disciplinary  Release  from  Airman  Leadership  School  for 
misconduct.  The misconduct  included  operating  a passenger  car  while  drunk  on  two  separate  occasions. 
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  fiom  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 A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr McGuire AFB, NJ on 10 May 93 
UP AFR 39-10, para 5-47b (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge, and to Change the RE 
Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Jul 65.  Enlmt Age: 21 1/12.  Disch Age: 27 9/12. Educ: HS DIPL. 
AFQT: N/A.  A-67,  E-58,  G-52,  M-84. PAFSC: 81152 -  Law Enforcement Specialist. 
DAS: 5 Apr 92. 

b.  Prior Sv:  (1) USMCR 6 Sep 84 -  19 Aug  87.  Svd: 02 yrs 11 mos 15 das, 

of which AMS is 05 mos 29 das. 

(2) Enlisted as Amn  20 Aug 87 for 4 yrs.  Svd: 3 yrs 1 month 

12 days, all AMS.  A1C -  20 Jun 88.  SrA -  20 Aug 90.  APRs: 9.  EPRs: 
5. 

3.  SERVICE UNDER REVIEW: 

a.  Reenl.isted as SrA 2 Oct 90 for 4 yrs. Svd: 02 Yrs 07 Mo 09 Das, all 

AMS . 

b.  Grade Status:  A1C -  04 Feb 93, (Article 15, 4 Feb 93) 

c.  Time Lost:  None 

d.  Art 15's:  (1) 04 Feb 93, Rhein-Main AB, Germany -  Article 111.  You, 
did, at or near Morfelden, Federal Republic of Germany, 
on or about 16 Jan 93, at or near Diesel Strasse, 
operate a vehicle, to wit: a passenger car, while drunk. 
Reduction to AlC, and forfeiture of $100.00 pay per 
month for 2 months.  (No appeal)  (No mitigation) 

(2) 09 Apr 91, Gila Bend AF Aux Field, AZ -  Article 111. 

You, did, on or about 20 Mar 91, on Highway 85 between 
mile markers 139 and 140 operate a vehicle, to wit: a 
passenger car, while drunk.  Forfeiture of  $250.00 pay 
per month for two months.  Suspended reduction to A1C 
(Remitted). (No appeal) (No mitigation) 

e.  Additional: LTR, 20 JAN 93 -  Disciplinary Release from Amn  Leadership 

AF Fm 2096, 26 Mar 93 -  Withdrawal of AFSC; given AFSC 

School. 

f .  CM:  None 

g.  Record of SV: 27 Nov 89 -  26 Nov 90  Gila Bend AF Aux Fld 3  (Annual) 

27 Nov 90 -  18 Apr 91  Gila Bend AF Aux Fld 3  (CRO) 
19 Apr 91 -  31 Jan 92  Gila Bend AF Aux Fld 5  (CRO) 
01 Feb 92 -  31 Jan 93  Rhein-Main AB 

3  (Annua1)REF 

h.  Awards &  Decs:  AFAM W/1 OLC, AFOUA, AFGCM, AOM, NDSM, AFOSLTR W/1 OLC, 

AFLSAR, NCOPMER ,  SAEMR, AFTR . 

i.  Stmt of Sv:  TMS:  (08) Yrs  (08) Mos  (05) Das 
TAMS:  (06) Yrs  (02) Mos  (21) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Jul 05. 

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

for Discharge) 

Issue 1:  I am trying to get my reenlistment code upgraded.  I realize I can 

get back into the Air Force, so I have talked to Army Recruiters and have been 
told that with the current RE-Code it's not possible.  They have told me that if 
the RE code is changed that I would possibly be able to get a waiver to go into 
the Army.  I feel that I still have something to offer to the U.S. Military.  If 
you need to talk to 
Sergeant First Class 
due to that I have a 
the Army. 

is information you can contact 
If this can be explotted  (sic) 
e I'll be to  (sic) old to go into 

- 

ATCH 
1. Two DD Forms 214. 
2. Statement of Service. 
3. College Transcript. 
4. Two Training Certificates. 

DEPARTMENT OF THE AIR FORCE 

435TH SECURITY POLICE SQUADRON (USAFE) 

APO NEW YORK  09097-5000 

FROM:  435 SPS/CC 
SUBJ:  Notification Letter - Board Hearing 

8 0  MAR  1993 

1.  I am recommending your discharge from the United States Air 
Force for A Pattern of Misconduct, Conduct Prejudicial to Good 
Order and Discipline, according to AFR 39-10, under the 
provisions of paragraph 5-47b.  Copies of the documents to be 
forwarded to the separation authority to support this 
recommendation are attached. 

2.  My reasons for this action are: 

a.  On or about 16 Jan 93 you did, at or near Morfelden, 

Federal Republic of Germany, at or near Diesel Strasse operate 
a vehicle, to wit:  a passenger car, while drunk, for which you 
received an Article 15 on 4 Feb 93. 

b.  On or about 20 Mar 91, you did, at or near ~ i l a  Bend, 

Arizona, on Highway 85 between mile markers 139 and 140, 
operated a vehicle, to wit:  a passenger car, while drunk, for 
this you received an Article 15 on 9 Apr 91. 

3.  This action could result in your separation with an under 
other than honorable conditions discharge.  I am recommending 
that you receive an under other than  honorable discharge.  The 
commander exercising SPCM jurisdiction or a higher authority 
will make the final decision in this matter.  If you are 
discharged, you will be ineligible for reenlistment in the Air 
Force. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

,.c. Be represented by  legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, or 

in lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel 

before making a decision to waive any of your rights. 

5.  You have been scheduled for a medical examination.  You 
must report to 435th Medical Squadron, at 1 0 W  hrs on 

* I A P R . ~ ~ .  

6.  Military legal counsel, Capt 
330-7770, has been obtained to a 
been scheduled for you to consult counsel on 5 Apr 93 at 
0800 hrs.  Instead of the appointed counsel, you may have 
another, if the lawyer you request is in the active military 
service and is reasonably available as determined according to 
AFR 111-1.  In addition to military counsel, you have the right 
to employ civilian counsel.  The Air Force does not pay 
expenses incident to the employment of civilian counsel. 
Civilian counsel, if employed, must readily be available. 

n appointment has 

Bldg 345, 

7.  Confer with your counsel and reply, in writing, within 7 
workdays, specifying the rights you choose to exercise.  The 
statement must be signed in the presence of your counsel who 
also will sign it.  If you waive your right to a hearing before 
an administrative discharge board, you may submit written 
statements in you own behalf.  I will send the statements to 
the discharge authority with the case file to be considered 
with this recommendation.  If you fail to respond, your failure 
will constitute a waiver of the right to the board hearing. 

8.  Any personal information you furnish in rebuttal is covered 
by the Privacy Act Statement as explained in AFR 39-10, 
attachment 2.  A copy of AFR 39-10 is available for your use at 
the 435th Security Police Squadron orderly room. 

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

I 

ain , USAF 

Atchs 

2 
NL1.  Supporting Documents 
NLla.  Art.  15, 5 Feb 93 

w/Atchs 

NLlb. MSN Ltr, 20 Jan 93 

1 
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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ISSUES I-  A94.05 

INDEX NUMBER  A67.p 

HEARING DATE 

CASE NUMBER 

1 

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

I 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITFED AT TIME OF 
PERSONAL APPEARANCE 

1  TAPE RECORDING OF PERSONAL APPEARANCE 

, 
I 

06 Doc 2005 
APPUCANTS ISS?  ANDTHE BOARD'S DFCfSlONAL RAnONAL AKE DLSCUSSED ON THE AITACHED N R  !XXCtl MSCHARGE REVLEW BOARD DECISIONAL RATLON&LE 

FD-2005-00191 

I 

I 

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. 

- 
S I G Y A T U ~  O F  R E c o p E R  ,  {I  n 
t 

TO: 

SAFNRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

//  /r 

TuRE oJ  BOARD P-ENT 

a 
/, 

INDORSEMENT 

I 

- 

FROM: 

- -- 

-- 

-- 

DATETI 2/6/2005 

-- 

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

- 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-20()5-00191 

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:  The applicant  stated he was told that he was eligible to have his discharge upgraded to honorable 
after  a  period  of  six  months.  The  records  indicated that  the  applicant  received  an Article  15, a  Letter of 
Counseling  and an Incident Report for misconduct.  The misconduct included  two  instances of applicant (a 
Security Forces Apprentice) sleeping on post  and failure to attend mandatory training.  The DRB noted the 
dangers of a Security Forces  member  sleeping on post  with an unsecured  weapon.  Additionally,  the DRB 
noted that  while a discharge may  be  upgraded  after  six months, the upgrade  is by  no means  automatic.  A 
discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place 
at the time of discharge.  In this case, none was found, so the Board denied the appeal. 

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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AlC)  (HGH AlC) 

1 .   MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Edwards AFB, CA on 26 Sep 01 
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: 5 Dec 81.  Enlmt Age: 17 11/12.  Disch Age: 19 9/12. Educ: HS DIPL. 
AFQT: N/A.  A-46,  E-40,  G-39,  M-33. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 3 Jan 01. 

b.  Prior Sv: (1) AFRes 13 Nov 99 -  20 Jun 00 (7 months 8 days)(Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB 21 Jun 00 for 6 yrs. Svd: 1 Yrs 3 Mo 6 Das, all AMS 

b.  Grade Status:  A1C -  4 Aug 00 

c.  Time Lost:  None 

d.  Art 15's:  (1) 16 Jul 01, Edwards AFB, CA -  Article 113.  You, did, on 
or about 6 Jun 01, at Edwards AFB, California, being on 
post as a sentinel at Falcon-1 were found sleeping upon 
your post.  Seven days extra duty, and a reprimand. 
(No appeal) (No mitigation) 

e.  ~dditional: LOC, 30 JUL 01 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (10) Mos  (14) Das 

TAMS: (1) Yrs  ( 3 )   Mos  ( 6 )  Das 

4 .   B A S I S   ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 27 Apr 05. 

(Change Discharge to Honorable) 

Issue 1:  Per 
signature on DD-2 
honorable after period of six months. 

DAF Chief, Retirements and separations (See 

as eligible to have discharge upgraded to 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 9 s T H n l ~  BASE WING (AFMC) 

EDWARDS AIR FORCE BASE, CALIFORNIA 

MEMORANDUM FOR A1 

FROM:  95 SFSICC 

SUBJECT: Notification Memorandum 

SEP 1 2 2001 

5 SFS 

1.  I am recommending your discharge fiom 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, para 5.50.2.  If my recommendation is approved, your discharge 
will be characterized as either Honorable or.Genera1 

(under honorable conditions). 

, . 

2.  My reasons for discharging you are: 

a.  On 6 Jun 01, you were found sleeping on your post, as evidenced by an AF Form 3070 

(Article 15) dated 1 6 Jul 0 1.  (Atch 1.1) 

b.  On 24 Jul01, you failed to attend mandatory training, as evidenced by a Letter of 

Counseling dated 30 Jul 01.  (Atch 1.2) 

c.  On 18 Aug 01, you were found sleeping on your post, as evidenced by an AF Form 

3545 (Incident Report) dated 18 Aug 01.  (Atch 1.3) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial convening 
authority (SPCM) jurisdiction or a higher authority.wil1 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 ineligibla fdr'riehlistrnent in the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consu 
.  You may consult civilian counsel 
1 C13 i3 

at Bldg 2670 on  t  5 e  o  at 

e.  * 

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 
an extension for good cause shown.  I will send 

unless you request and receive 

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 must report to the Physical 
Examination Section, Flight Surgeon's Office, Bldg 3925 at 0730 on 
examination. 

i7  Seu a 1 

for the 

8.  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 Orderly Room. 

=,.- 

. 

Commander 

Attachments: 
1.  Supporting Documentation 
1.1  AF Form 3070 (Article 15) dated 16 Jul 0 1 
1.2  Letter of Counseling dated 3 0 Jul0 1 
1.3 AF Form 3545 (Incident Report) dated 18 Aug 01 
2  Airman's Receipt of No tificationRecoupment Memorandum 
3  Airman's  Statement