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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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LOUWSEL 

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X+* 

ISSUES  A94.05 

INDEX  NllhlHLK 

A67.10 

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2 
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EXHIBITS SUBMITTEL) *ro r n ~  

BOAHU 

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ORDER APPOINTING THE BOARD 
APPLICATION FOR  REVIEW OF DISCHARGE 
I.E'IIEK  OF NOTIFICAI'ION 
BRIEF 0 1 ;   PEKSONNEI.  FILE 
COUNSEl.'S  RELEASE TO'I'HE BOARD 
A ~ ) D I ~ ~ o N A ~ . .  
PERSONAL APPEARANCE 

EXHIBITS ~ ' 1 l ~ ~ l ' l ~ ' l ' E D  

AT TIME OF 

.... 

1  HEARING  DATE 

CASE NlIMWEI< 

14 Feb 2006 
APPI-ICANT'S  ISSUE ANDTHE  l3OARI)'S  UhClSlONAL RATIONAI.  A R t  UlSCUSSED ON THt A'ITACHEDAJR 1-ORCh DISCHARGE REVIEW UOARD UEClSIONAI  RAIIONALE 

FD-2005-00310 

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'1-ME RECORDlNCi OF PERSONAL APPEARANCE 

Case heard at Washington, D.C. 

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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. 

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INDORSEMKNT 

SAF/MRHK 
550 C STREET WEST, SUITF 40 
M D O L P H  AFB, TX 781 50-4742 

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AFHQ FORM 0-2077, JAN 00 

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F R O ~ ~  

7 SECRETARY OP THL. AIR FORCE PERSONNEL COUN<.IL 

All< FORCE DISCHARCF REVIEW BOARD 
1535 COMMAND DR, EC WING, 3RD FLOOR 
ANDREWS AFB, MU 20762-7002 

DATB:  211 512006 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMnER 

FD-2005-00310 

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 of'fered a personal  appcarance 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  an  Article  15 and  hYo  Letters  of Reprimand  for  misconduct.  The misconduct  included 
underage drinking on divers occasions and using tobacco products  in the TA-7 restroom.  The Board  noted 
that the applicant was a Security Forces IIclpcr i n  Technical Training School. The DRB opined that through 
these  administrative  actions,  thc  applicant  had  ample opportunities  to  change his  negative  behavior.  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 rebwlation  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 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH  AMN) 

1.  MATTER UNDER REVIEW:  Appl  xec'd a GEN Disch fr Lackland AFB, TX on 21 Sep 04 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2. 

BACKGROUND : 

a. DOB: 15 Oct 84. Enlmt Age:  18 8/12.  Disch Age: 19 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-69,  G-59,  M-84. PAFSC: 3POll -  Security Forces Helper. 
DAS: 23 Apr 04. 

b.  Prior Sv:  (1) AFRes 19 Jun 03 -  23 Nov 03  ( 5  months 5 days) (Inactive) 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB 24 Nov 03 for 4 yrs. Svd: 00 Yrs 09 Mo 27 Das, all AMS 

b.  Grade Status:  A m  -  24 May 04 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 13 Jul 04, Lackland AFB, TX  -  Article 92.  You, who 

knew of your duties at or near San Antonio, Texas, on or 
about 5 Jun 04, were derelict in the performance of your 
duties in that you willfully failed to refrain from 
consuming alcoholic beverages while under the legal 
drinking age of 21, as it was your duty to do.  Seven 
days correctional custody. (No appeal)  (No mitigation) 

e.  Additional: LOR, 03 AUG 04 -  Underage drinking. 

LOR,  14 MAY 04 -  Using tobacco products in the TA-7 
AETC  1 7 3 ,   2 3   APR 04 -  Reporting for duty without completing 

bathroom . 

the necessary homework assignments. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR,  NDSM. 

1 .   Stmt of Sv:  TMS: (01) Yrs  (03) Mos  (03) Das 
TAMS: (00) Yrs  ( 0 9 )   Mos  (29) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln 

(DD  Fm 293) dtd 7 Aug 05. 

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

for Discharge) 

Issue 1:  Personally as hard as I tried I was unable to complete the final 

requirements of the SERE training.  Due to the fact that  I had a personal 
failure, I was actively involved in the Security Forces program and completed my 
training with marksmanship awards in both M 9   &  M4 firearms.  After graduation of 
Security Forces, while waiting for my orders, I was turned in by another airman 
for alleged alcohol consumption.  This allegation occurred after the return from 
a furlough.  A t   that time I maintained my current Security Forces position, upon 
my orders I was disbarred of my badge and beret. 

I feel that my defeat at  SERE on the last night of an extremely aggressive 
curriculum had a part in the discipline I received.  As I am personally 
responsible for my own actions I feel the discipline I received was excessive. 
I wish to pursue another avenue of the military forces therefore I am requesting 
an upgrade to my discharge category. 

ATCH 
1. AF Form 100, Request and Authorization for Separation. 
2. DD Form 2 1 4 .  

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR AMN 

FROM:  343 TRSDOM 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions,  The basis for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my 
recommendation is approved, your discharge will be described as Honorable, Under Honorable 
Conditions (General), or Under Other Than Honorable Conditions (UOTHC) discharge.  I am 
recommending your service be characterized as General and you may be ineligible for 
reenlistment in the Air Force. 

2.  My reasons for this action are: 

a.  On 23 Apr 04, you reported for duty without completing your homework assignments.  As 

a result, you received an AETC Form 173, dated 23 Apr 04. 

b.  On 13 May 04, you were found using tobacco products in the TA-7 bathroom.  As a result, 

you received a Letter of Reprimand (LOR), dated 14 May 04. 

c.  On or about 5 Jun 04, you were derelict in the performance of your duties in that you 

willfully failed to refrain fi-om consuming alcoholic beverages while under the legal drinking age 
of 21, as it was your duty to do.  As a result, you received an Article 15, dated 13 Jul04,  Your 
punishment was 7 days correctional custody.  Subsequently, an Unfavorable Information File was 
established. 

d.  On 24 Jul04, an investigation revealed you consumed alcohol while under the legal 

drinking age of 21.  On this date you lacked coordination, your speech was slurred, you were 
witnessed being intoxicated.  All of this happened after a completion of a seven-day remotivation 
program for a previous under age drinking incident.  As a result, you received an LOR, dated 
3 Aug 04. 

3.  Copies of the documents to be fonvarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction, or a higher 
authority, will decide whether you will be discharged or retained in the Air Force. 

4.  You have the right to consult counsel.  If you wish to consult military counsel, an appointment 
will be made upon your request and the date, time, and place will be provided.  You may retain 
civilian counsel at your own expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me by (3 workdays)  7 Q 4 @V  unless you 
request and receive an extension for good cause shown.  Your statements wifi be forwarded to 
the separation authority and will be made part of your case file that the separation authority will 
read. 

6. If you fail to consult counsel or to submit statements on 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 Bldg 6612, Room 
502, Monday - Friday between 1300 - 1500 hours with your medical, immunization, and dental 
records for the examination. 

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 Unit Personnel Office. 

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

Commander, Military Training Flight 

, Capt, U S M  

Attachments: 
1.  AETC Form 173, dated 23 Apr 04 
2.  Letter of Reprimand, dated 14 May 04 
3,  AF Form 3070, dated 13 Jul04 
4.  Letter of Reprimand, dated 3 Aug 04 
5.  Unfavorable Information File Summary