IAME OF SERVICE MEMBER (I.AST, FIRST M1DDI.E INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

I 
1  X  I 

RECORD REVIEW 

I  L..-....-....-..-.; 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

1 
2 
3 
4 

ORDER APPOMI'ING  THC BOARD 
APPI,ICATION  FOR REVIEW OF DISCHAKGk 
1,ETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO TIIE BOARD 
ADDITIONAL EXHIBITS SUBMITTEL) AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDWG OF PERSONAI. APPEARANCE HE 

IEARING  DATE 

17 Oct 2006 

CASE NUMBER 

I  FD-2006-00103 

I 

1 

:ase  heard in Washington, D.C. 

idvise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an 
lpplication to the AFBCMR 

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

W~ORSEMENT 

DATE: 10R3/2006 

- 

. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - n - - p - - - - - - - - - - - - - - - - - - . - - - - - - - . - . - - - - - - - - - - - - - - - - - - - - -  

r n .  

8  ". 

SAFIMRBlL 
550 C STREET WEST, SUITE 40 
KANDOLPH AFB. TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

FROM 

SECRETAR\  OFTHE AIR  FORCF PFRSONIFI  COI NCll 
AIR  FORCE DISCHARGE RF.\ItH  B 0 4 Y D  
15)5COMMAhD DR. EE H l h L . 3 R D  FLOOR 
ANDREWS AFB, MD 20762-lW2 

I 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD~2006~00103 

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: 

Issue 1.  Although not explicitly stated, applicant contends that he should not be penalized indefinitely for 
mistakes he made when young and mentally fragile.  The DRB recognized the applicant was  19 years of age 
when the discharge took place.  However, there is no evidence he was immature or did not know right from 
wrong.  The records indicated the applicant received two Article 15's, a Letter of Reprimand, and a 
DD Form 1408 (traffic ticket) for misconduct.  His first Article 15 was for underage drinking and carrying a 
concealed weapon,  He was reduced in grade to airman basic.  The second Article 15 was for failure to go. 
He was punished with suspended forfeiture of pay and  14 days of extra duty.  His misconduct was further 
documented with a Letter of Reprimand for failure to go.  The DRB concluded that the characterization of 
the applicant's discharge was appropriate due to the misconduct. 

Issue 2.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no 
inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board 
concluded the misconduct of the applicant appropriately characterized his term of service. 

If he can provide additional documented information to substantiate an issue, the applicant should consider 
exercising his right to make a personal appearance before the Board.  If he should choose to exercise his 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual 
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the 
community. 

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 f i h e r  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) 

.............................. 

L....-..-..-.-..-..-----------I 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Robins AFB,  GA on 18 Aug 
05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Oct 75.  Enlmt Age: 18 2/12.  Disch Age: 19 10/12. Educ: RS DLPL. 

AFQT: N/A,  A-39,  E-68,  G-70,  M-48. PAFSC: 2E131 -  Satellite and Wideband 
Communications Equipment Apprentice. DAS: 10 Jan 95. 

b.  Prior Sv:  (1) AFRes 29 Dec 93 -  28 Feb 94 (2 months) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 1 Mar 94 for 4 yrs. Svd: 01 Yrs 05 Mo 18 Das, all AMS. 

b.  Grade Status:  AB -  3 May 95  (Article 15, 2 May 95) 

A m  -  1 Oct 94 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 7 Jul 95, Robins AFB, GA  -  Article 86.  You, did, on or 

about 19 Jun 95 to on or about 21 Jun 95, without 
authority, fail to go at the time prescribed to your 
appointed place of duty, to wit: Building 951. 
Suspended forfeiture of $250.00 pay per month for two 
months.  Fourteen days extra duty. (No appeal) (No 
mitigation) 

(2) 2 May 95, Robins AFB, GA -  Article 92.  You, did, on or 
about 19 Apr  95, violate a lawful general regulation, to 
wit: paragraph 1 . 1 . 2 ,   AFI 34-119, dated 25 Jul 94, by 
wrongfully consuming alcoholic beverages while you were 
below the minimum drinking age.  Article 134.  You, did, 
on or about 20 Apr 95, unlawfully carry on or about your 
person a concealed weapon, to wit: a  .380 pistol. 
Reduct ion to AB .  (Appeal /Denied)  (No mitigation) 

e.  Additional: LOR/UIF, 30 MAY 95 -  Failure to go on two occasions. 

DD 1408, 16 APR 95 -  Traffic ticket for speeding. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards  &  Decs:  AFTR,  NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (07) Mos  (18) Das 
TAMS:  (01) Yrs  (05) Mos  (18) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 06 Jan 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Character References. 

AUTHORITY:  10 U.S.C.1653;  E.O.  8397. 
PRINCIPAL PUFIPOSEIS): To apply for  a  ohange In the characterization or  reason for militaw discharge issued to an Individual. 

7. lXRoPP/imbXa, AN  APPLICATION WAS PREVIOUSLY SUBMIlTED ON fYWVMh4DDI 

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

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWINO ATTACHED DOCUMENTS ARE  SUBMITTED AS EVIDENCE: IContlnur in I t m  17. #milt't~y d w u m r s  or 

medlml rmorda WE r&wnt  to p u t  CUM. $&ern  nand co@eo.) 

g. TYPE OF REVIEW REauEsxn a o n 1  

. 

. 

 

I

-
10.a. CWNSEUREPRESENTATNE (Man I  NAME fbs, Hmt, M d l n  InIthII AND  ADDRESS 

IS- 

tcm 10  of th. tnmmdns H L u t

 wuniw~tqwc&tnnt/w.~ 

I 

- -  - 

- -  .  . 

d.  FAX NUMBER llncludo Arm  Cod4 

., 

13. CERTIFICATION.  I makn tha foragolng ~tatsmenn, an  psrr ot my clslrn, wkh full knowledge of t h  pMdtlarllnvohd for 

wlllfulty making a false naternont or ololm.  1U.S.  Coda.  TMe. 18, Smrlons 287 end  1001, provlds  rhst an hdlvldusl &I1  be 
f i o d  under thlr aMs or fmprkonud not mom than 5 ymm  w loth.) 

a.  S I ~ W B E - f l E M I l R 6 R ~  L4adhnr a r m a m  4 Jtwn  1 I o h v d  

C - - - - - - - * - - - - - - r r . - - - - - - - - - - - - - - - - - - - - - - m  

OD FORM 293, MAR 2004 

PRE 

t, 

Page 1  of 4 Pages 

b. DATE SIGNED - FIEQUIRED 

CASE NUMBER 

/DO not wrlte in this space.) 

F p J / Q ~ ~  

00103 

1  * 

I 

I 

I i. 

I 

~n c,rt;cI~  15 Z J I P C I ~ ~  

d  I. r c n - d  hn ~ t + ~ l e  
IS  For 

bre3hthtabp+  pbh I dd  n.t  nhn, &*qnn~rI 

14. CONTINUATION OF ITEM 6, ISSUES (IfepplicebW 
S+,-\t  ~ + \ d p r  p~\4Sh4, kctw 
&,(be  to ~ppe%r 4+ 41.1  .pyot*C9  The~\&+~r, 
b , ~ + n e ~ J B ~  
my  n e n  Lr  A& 
c,htakb'Je( 6. 
+red  +a 
s k, 
+w  i'h My G L  3h-l  vc+,+  g o ~
let 59 4r0m+r4tt  Cot  P;(R  d m d .  

~ f i b d c  I-/%.sJJ$ltdt 
nonddkfe *n;  I hd +thble ~'-4-h 
- 3 
r o - t   3~  oo(luc t r e ~ ~ r t . . b o f i  pchr C-ke+me && I dJex-hJ 
\ b114 my * ( s + ~ ~ . r ~ t q  
rraa  bewY&C~+y  +e ~ ( V M  d i h  -la&  A 
1 ~ ~ 1

rn  ~ k d ~ e d  
1 

d- 
Y 

skmd c+,+  anl&ed  40 5p 

QC ) b h ~ \ ~ ,  hf -&- 

I-  RAA  3&rwJ 

Yc  M 11% 

+ArhAh c, b .

~

 

 7 be U,  ;orrl 

r i w u n ,  w dn 

I 

imkh  i d  P ~ * ~ w ~ q ~ h ~  

I 

16. CONflHUATlOhl  OF ITEM 6,  SUPPORTING DOCUMENTS t/f@ppkwbIeJ 

1 8. REMARKS Ilf epplhblel 

Pioue  cons&r ~4 wp3rdeaF m y d u h e .  T-+ S h ) J 7 & 0  r h \ c ~  1 r ~ 4 d u J l 9 4 S d  
d o t  hQ ckGhgd f n 9 \,fe, Tqrn ?k%.jt=r;o old na*r 1  w h q *  k~0e ~ ' 3 c d e l  c I ' W O  . Z 
hothLnor,  d uo t ii s ( ~ n r * a i  
fc[tn+l~ g r A * l r d   4-  &so&  C-mIlt-,  Cr,;hd  7rltir$* 
i S e t ~ , + d l C P r \ b ,  1 w a t - k  C\F  qnd I d a  I&,,,,  E f i k t o t *  Zybo w-\A 
I 1 % ~  to 300 -fk r f u t q ~  ~ 4 d  he1 pry (orb 9 rbfi+rl  , *h %+ r m d e  -\A&  Skp$ br;t 
x~~ V Q r y  90,  +* k %'me  64 qkU1  F%ll.,  s 3 l ~  h 9 c h c 9   z 
y cow+&, . 

4th  SWWC CO+,A 
I 

pro*  h u r # l \  

1 

W& 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

I 

ARMY 

Army  Review Boards Agency 
Support Division, St.  Louis 
9700 Page Avenue 
St.  Louis,  MO  831 32-ti200 
(See http:l/arba.army,pentagon.mil) 

AIR FORCE 

Air  Force Review Boards Agency 
SAFIMRBR 
650-C Street West, Suite 40 
Randolph AFB, TX  781 50-4742 

I 
DD FORM 293, MAR 2004 

r - 

NAVY AND MARINE CORPS 

Naval Council of  Personnel wards 
720 Kennon Street,  S.E. 
Room 309 (NBRB) 
Washington Navy Yard,  DC  20374-5023 

I 
I 

I 

I 

COAST GUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
21 00 Second Street,  S.W. Room 6600 
Washington, DC  20593 

I 
Page 2 of 4 Pages 

2  AUG 1995 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge fiom the United States Air Force for a pattern of 
misconduct consisting of minor disciplinary in&actions.  The authority for this action is AFI  36- 
3208, paragraph 5.49,  If my recommendation for discharge is approved, your service will be 
characterized as Honorable, General, or Under Other Than Honorable Conditions.  I am 
recommending that your sewice be characterized as General. 

2. My reasons for this action are: 

a.  On 16 Apr 95 you were cited on Robins Air Force Base for exceeding the posted speed 

limit by mare than  15 mph, for which you received an Armed Forces Tr&c  Ticket. 

b.  On 19 Apr 95 you violated a lawful general regulation by consuming alcoholic 

beverages while you were below the minimum drinking age, and unlawfully carrying a concealed 
weapon 1.380 pistol) on or about your person.  As a consequence, you received nonjudicial 
punishment on 2 May 95 consisting of reduction to the gtade of Airman Basic. 

c.  On 23 and 24 May 95 you failed to report to your duty section prior to' and following 

scheduled appointments, and Wed to not@ your supervisor of your whereabouts.  For your 
misconduct, you received a Letter of Reprimand, dated 30 May 95, and the informatian was 
added to your Unfavorable Information File. 

d,  From on or about 19 Jun 95 to on or about 21 Jun 95 'you, without authority, failed to 

go to yaur appointed place of duty.  For this, you received nonjudicial punishment on 7 Jul95, 
consisting of suspended forfeitures and 14 days extra duty. 

3,  Copies of the documents to be forwarded to the separation authority in support of this 
recornrnendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authority will. decide whether you will be discharged or retained in the Air Force,  If you are 
discharged, you will be ineligible for reenlistment 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 consult Captain: - - - -  -- -- -- &xt 6-5852, at Bldg 368, on 4 
Aug 95 at 0900 hours.  You may consult civilian counsel at your own expense. 

I - - - - - - - - - - -  

5.  You have the right to submit statements in your own beha  Any statements you want the 
separation authority to consider must reach me by 
receive an extension for good cause shown.  I will send them to the separation authority. 

Aug 95, unless you request and 

7 

6. If you fail to consult counsel or to submit statements in your own behall: your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a physical examination on 3 Aug 95, at 0700 hours.  Immediately 
upon receipt of this notification letter, report to the Physical Examinations Section in Bldg 207 
(near the Green Street Gate) with your medical records.  They will review your medical records 
and inform you of the requirements concerning your physical examination. You must renort in 
urriform. 

8.  Any personal idonnation you fUrnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of A H  36-3208 is available for your use in the Area Defense Office located at the address in 
paragraph 4 above. 

9.  Execute the attached a~knowledgment and r*rn 

------  ................................... 

it to me immediately.' 

5 Attachments: 
1.  Documents Supporting Discharge 

a.  Armed Forces t r a c  Ticket, dtd 16 Apr 95 
b.  AF Form 3070 w/atchs, dtd 2 May 95 
c.  Letter of Reprimand, dtd 30 May 95 

w/2 page atch 

d.  AF Form 3070 w/atch, dtd 7 Jul95 

2.  Other Derogatory Information 
3.  Information Favorable to Member 
4. Airman's  Acknowledgment of Receipt of 

Notification Memorandum 

5.  M

s

Statement re:  Counsel and Matters