NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
G R A D E
AFSNISSAN
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
TYPE CEN
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PERSONAL APPEARANCE
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I RECORD REVIEW
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ADDRESS AND OR ORGANIZ4TION OF COUNSEL
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MEMBER SITTING
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V@TE QP THE BOARD
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OTHER
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ISSUES A94.53
INDEX NllMOEK A67.10
HEAKING DAI'B
CASE NllMBEK
EXHIBITS SUBMITTED TO TkIE BOARD
1 I ORDER APPOINTING THE BOARD
2 1 AI'PLICA'I.ION FOK KEVIEW O F IIlSCHAKCjt.:
3 1 LE.I.'I.EK O F NO.I~IFICA'I'ION
BRIEF O F PERSONNEI, FII,E
PERSONAL APPEARANCE
25 May 2006
APPLICANT'S ISSUE AND THEBOARD'S Dt('ISIOhAL KATIOYAL ARE DISCU&$R QX THP ATIACIED AIR FORCE DIFCH4KOt K t V l t H BO,\KU UWISIOKAL HA1 IOXALE
FD-2005-00343
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Case heard at Washington, D.C.
Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and thc right to
submit an application to the AFBCMR.
Names and votes will be made available to the applicant at the applicant's request.
I * CHANGE RE CODE
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ITY TO SECRETARIAL A U j O R I T Y
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SAFIMKBK
550 C STRFET WES'I', SUITE 40
KANDOLPI I AFB, T X 78 150-4742
AFHQ FORM 0-2077, JAN 00
SECRETAKY OF'I'HE AIR FORCE PERSONNEI. COIINCII~
AIR FORCE DISCHARGE PEVIEW BOARD
1535 COMMAND DR. EE WING, 3RD FI.OOR
ANDREWS APB, MU 211762-7002
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(EF-V2)
Previous edition will be used
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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2005-00343
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 Ilischarge Review Board (URB) but declined to
exercise this right.
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: The discharge is upgraded to honorable. Change of reason and authority for discharge, and
change of reenlistment code are denied.
ISSUE: Applicant received a General discharge for Misconduct - Minor Disciplinary Infractions
Applicant contends discharge was inequitable because he was kicked out due to Force Shaping, had it not
been for Force Shaping he would not have received the Article 15 and bccn kicked out, and that by being
stationed at Randolph AFB it was more likely that he would receive a "bad discharge" than if he had bccn
assigned somewhere else. The records indicated the applicant received two Article 15s for misconduct to
include assaulting another airman while in Technical School by putting castor oil in his drink, and one for
DUI at his first duty assignment. Although there is no evidence in applicant's records that his issues have
merit, the DRB opined that although the misconduct was serious, the characterization of his discharge was
too harsh. Applicant's Records revealed that when applicant processed in at his new base, he was put on
notice by his Squadron Commander that he was considering retaining him under Force Shaping but that his
behavior would be closely followed. Shortly thereafter, applicant received an Article 15 for operating a
motor vehicle while the alcohol concentration in his blood was .10 grams of alcohol per 100 milliliters of
blood. Applicant was notified approximately six weeks later that he was being recommended for an
administrative discharge and applicant's records reveal no evidence of any kind of probation and/or
rehabilitation having been being undertaken/offered. Although the Board opined the applicant's discharge
should be upgraded to an Honorable, the Board felt that the reason and authority and thc reenlistment code
were appropriate and should not be chaigcd due to the short duration of timc siiicc applicant's discharge and
the Iact that applicant did commit misconduct resulting in two Article 15s in a rclativcly short period of time.
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.
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 discharge. The applicant's characterization
should be changed to Honorable under the provisions of Title 10, USC 1553.
Attachment:
Examiner's Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
'.......-.-.-.-.-.-------------------------m
(Former AB) (HGW AMN)
MISSING MPR & SMR
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Randolph AFB TX on 13 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: 18 Jul 83. Enlmt Age: 19 11/12. Disch Age: 21 1/12. Educ: HS D I P L .
AFQT: N/A. A-80, E-85, G - 7 8 , M-88. PAFSC: 3C231 - Communications Computer
systems Control Apprentice. DAS: 2 8 Jul 04.
b. prior Sv: (1) AFRes 30 Jun 03 - 15 Sep 03 ( 2 Mos 16 Das) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AMN 16 Sep 03 for 4 years. Svd: D O Yrs 11 Mo 28 Das, all
AMS .
b. Grade Status: AB - 11 Aug 04 (Article 15, 11 Aug 04)
AMN - 16 Sep 03
c Time Lost : None.
d. Art 15's: (1) 11 Aug 04, Randolph AFB, TX - Article 111. You, did,
at or near Laughlin AFB, TX, on or about 18 Jul 04,
physical operate a vehicle, to wit: a passenger car,
while the alcohol concentration in your blood was .lo
grams of alcohol per 100 mililiter of blood or greater
as shown by chemical analysis. Reduction to AB and
reprimand. (No appeal) (No mitigation)
(2) 15 Mar 04, Keesler AFB, MS - Article 128. You , did, on
or about 27 Jan 04, assault AB:
castor oil in his drink. Suspended reduction to AB.
Forfeiture of $300.00 pay and Reprimand. .(No appeal)
(No mitigation)
I by putting
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e. Additional: None.
f. CM: None.
g. Record of S V : None.
h. Awards & Decs: AFTR, NDSM.
i. Stmt of Sv:
TMS: (01) Yrs ( 0 2 ) Mos (14) Das
TAMS: (00) Yrs (11) M o s (28) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 2 9 3 ) dtd 24 Aug 0 5 .
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge.)
ISSUES ATTACHED TO BRIEF.
ATCH
1. Applicant's issues.
APPLICATION FOR THE REVIEW OF DISCHARGE
FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions on Pages 3 and 4 BEFORE completing this appl1cation.l
Form Approved
OMB NO. 0704-0004
Expires Aug 3 1, 2 0 0 6
The public raponing burdan for this collection of Information is estimatad to avarage 30 minutes par response, including the tima for rnvinwing instructions, searching axisting data sources.
aatherlnp and maintaining tho data nesdsd, and completing and reviewing the collsction of information. Sand commants ragarding this burden estimate or any other aspact of this collection
for reducing the burden, to the ~apanmant of Dafansa, Exscutiva Sarvices and ~ommunications Diractorata 10704-0004). ~espondents should be aware
i t information, inc1uding;uggestions
that notwithstanding any other provlslon of law, no person shall ba subject to any penalty for failinti to comply with a callsction af information if it doas not display a currmntly valid OMB
control numbsr. PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON
BACK OF THIS PAGE.
PRIVACY ACT STATEMENT
AUTHORITY: 10 U.S.C. 1553; E.O. 9397.
PRINCIPAL PURPOSE(S):, To apply for a change in the characterization or reason for military discharge issued to an individual.
ROUTINE USE(S): None.
DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for
Social Securitv Number is strictlv to assure DroDer identification of the individual and a~orooriate records.
1. APPLICANT DATA (Tne perso~r whose disc,$argc is to be re~/iewsdl. PLEASE PRINT OR TYPE INFORMATION.
a. BRANCH OF SERVICE IX one)
MARINE CORPS
XI AIR FORCE
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ARMY
NAVY
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1
b,. N A M E JLa.9- Just MLirUe WUalJ - - - *-. . -. . -. . -. . -. . -. . -. .
c. GRADURANK AT DISCHARGE
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2. DATE OF DISCHARGE OR SEPARATIO~~ 4. DISCHARGE CHARACTERIZATION RECEIVED (Xone)
(YYYYMMDD) (If date is more than 15 years
ago, submlt a DD Form 1491
h o r l 4 9 13
3. UNIT AND LOCATION AT DISCHARGE
HONORABLE
GENERALIUNDER HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITIONS
BAD CONDUCT (Special courr-martial only)
UNCHARACTERIZED
OTHER (Explain)
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RGL&[VGQ 4 wt
SUL. 10 2-4
4 5 5
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OR SEPARATIQN,&=
6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Cont~nue ln Item 14 See ,nstructlons on
Afu %wL ~ L W & dm ~toidli), ~ W D P BWCY
AMD =R mbr nr\h.~
S W ~ G w4-r ~IC- w-+
Page3*)s
u q ~ K ~ L ~ C C O OUT OF
IF mr pr\&
ttm MT WEAJ b d e w -6
d. ~-QGIALSEFURITYNVmB.EE9
I COAST GUARD
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5. BOARD ACTION REQUESTED (Xone,
X
CHANGE TO HONORABLE
CHANGE TO GENERAWUNDER
HONORABLE CONDITIONS
CHANGE TO UNCHARACTERIZED
(No? appl~cable for Air Force)
CHANGE NARRATIVE REASON FOR
SEPARATION TO:
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I 7. (n" d ~pp!itab/e) Ah1 AEPLIC74TION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDDI
ISTIFICATION, OR EVIDENCE.
8. IN SUPPORT OF THlS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE:,/CO~~II~~~I~
Item 17.
If rrrilitRry documents w medical
,rd- are rekuant tn your case, please send copies.)
9. TYPE OF REVIEW REQUESTED (X one)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. I AND/OR Icounse//represenlatlve) WILL NOT APPEAR BEFORE THE BOARD.
I I AND/OR Icounsel/re~resenrarive) WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. 'METROPOLITAN AREA.
I AND/OR (counsel/representatlve) WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(NOTE: The Navy Discharge Review Board does nor have a traveling panel.)
(enter city and statel
10.a. COUNSELIREPRESENTATIVE (If any) NAME [Last, First, Middle Initial) AND ADDRESS I b. TELEPHONE NUMBER (Include Area Code)
(See Item 10 of the instructions about counsel/representative.l
c. E-MAIL
d. FAX NUMBER /Include Area Code)
11. APPLICANT M U S T SIGN IN ITEM 13.a. BELOW. If the record in questinn is that of a deceased or incompetent person, LEGAL PROOF OF
DEATH OR IiJCUILIPKENCY WJST ACCQMPA:dY ThE AFPLICATIU~U'. ii rhe appllcatioti is signed by other t!lan the app1ic;:rit.
the name (print)
SPOUSE
and relationship by marking a box below.
LEGAL REPRESENTATIVE
NEXT OF KIN
WIDOWER
WIDOW
indicata
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I b. .IELEFYQMNYIYIBEBl&&Ar~ C~del
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12.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE
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(Forward notification of any change in address.)
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13. CERTIFICATION.
I make the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years,
or both.)
p- . ~ I U B E ~ R E Q U W l~llddrt D ~ ~ S Q U
in &em I I abpyf)
b. DATE SIGNED - REQUIRED
(YYYYMMDD)
MAR 2004
V PREVIOUS EDITIONS ARE OBSOLETE.
CASE NUMBER
(Do not write in this space.)
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Fb -05--
003"fJ 1
Page 1 of 4 Pages
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W H O 3 3NllWW CINW M W N
AVUHW
M E M O R ~ N D U b I FOR
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SUBJECT: Notitication Memorltndurn
1. I m recommending your discharge from the United States Air Force for Minor Disciplinary
Infractions. The authority for this action is Air Force Policy Directive 36-32 and Air Force
Instruction 36-3208, Chapter 5, Paragraph 5.49. If my recornnlcndation is approved, your
service will be characterized as Honorable or Under Honorable Conditions (General), I am
recommending your service be characterized as Under Honorable Conditions (General).
2. My reasons for this action are as follows:
a. In violation of the UCMJ, Art 128, you did, at or near Keesler Air Force Base,
-...-.-....-.-.-.
Mississippi, on or about 27 Jan 04, assault Airman Basic i - - - - - - - - - - - - - - - ,
drink. For this misconduct, you received sm Article L5, dated 15 Mar 04.
: by putting castor oil in his
b. In violation of the UCMJ, Art 11 1, you did, at or near Laughlin Air Force Base,
Texas, on or about 18 Jul04, physically operate a vehicle, to wit: a passenger car, while the
alcohol concentration in your blood was -10 grams of alcohol per 100 milliliters of blood or
greater as shown by chemical analysis. For this misconduct, you received an Article 15, dated
I1 Aug 04.
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 jurisdiction, or a
higher authority, will decide whether you will be discharged or retained in the Air Force. If you
xe discharged, you will be ineligible for reenlistment in the Air Force. Any special pay, bonus,
or education assistance Funds may be subject to recoupment.
4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
An appointment has been made for you to consult Capt : I - - - - - - - - - - - - - - - - - - - - - - - - :, Area Defense
-----------------------.
Counsel (ADC), Bldg 399, Randolph AFB (652-2274) or another ADC on 24 Aug 04 at - 1300.
You may consult civilian legal counsel at your own expense.
5. You have the right to submit statements on your own behalf. Any statements you want the
septuation authority to consider must reach me by 21 B C ~ I unless you request and receive
an extension for good cause shown. I will send them to the separation authority.
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.
Lxen suhcdulccl lor a incdical cxamina~iu~l. You ,nost r&rt
l ~ ~
' 7. You h i
Clinic, Records Section a~ 07.30
Report 15 minutes early.
(
on 26 Aup 04 . You will hc seen by &
to ~ h c Rsndoluh AFl)
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S. You must report to 12 MSSDPMARS (Separations), 12 MSS/FMFC (Finance), 12
CESICEH (Base Mousing), and 12 MSSIDPS (Family Support Center) within 24 hours of
this notitication to inform them of your pending separation.
0. Any pcrsonal inl'ormation you furnish in
copy of AFT 36-3205 is availahlc for your use in the unit orderly room.
is covered by the Privacy Act o,f 1974, A
10. Execute the attached acknowledgn~ent and return it to me immediately.
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Attachments:
1. AF Form 3070 datcd 15 Mar 04 (w/ atchs, if any)
2. AF Form 3070 dated 11 Aug 04 (w/ atchs, if any)
AF | DRB | CY2007 | FD2006-00069
(Change Discharge to Honorable) ISSUES ATTACHED BRIEF. Applicant's Issues. For this incident, you received a Record of Individual Counseling, dated 14 Mar 04. e. Between 3 Jul03 and 17 Jul03, you failed to follow a direct order to study your Career Development Course (CDC) one hour each day.
AF | DRB | CY2006 | FD2005-00327
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD I GRADE NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) . ISSUE: The record indicated the applicant received an Article 15 for misconduct. d. Art 15's: (1) 26 Mar 04, RAF Croughton, UK - Article 81.
AF | DRB | CY2006 | FD2005-00180
3RD FLOOR ANDREWS AFB, MD 10761-7W1 I (EF-V2) Previous edition will be used 1 1 I 1 1 1 1 I I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00180 GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority for the discharge, and to change the reenlistment code. However, based upon the record and evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable. Applicant's Issues.
AF | DRB | CY2004 | FD2004-00170
.. SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS 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-2004-00170 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge. Svd: 1 Yrs 6 Mo 22 Das, all AMS b. Grade Status: AB - 19 Sep 90 (Vacation of...
AF | DRB | CY2007 | FD2007-00012
The records indicated the applicant received two Article 15s and a Vacation for misconduct. Reduction to AB, restriction to the limits of Charleston AFB, SC, for 30 days, and 30 days extra duty. (No appeal) (No mitigation) (2) 01 May 06, Vacation, Charleston AFB, SC - Article 92.
AF | DRB | CY2006 | FD2005-00430
ISSUE: Applicant received General discharge for Pattern of Misconduct--Conduct Prejudicial to Good Order and Discipline Applicant contends that his discharge was a premature act by his commander and his commander failed to act in his time of need specifically to be readmitted into ADAPT program. The records indicate that the applicant received two Article 15s, a Letter o r Reprimand and two Records of Individual Counseling for misconduct including late for duty, drinking under the age of...
AF | DRB | CY2007 | FD2006-00307
NAME OF SERVICE MEMBER (LAST, FIKS'I' MIDDLE INI'I'IAL) CKADE AFSNISSAN AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD - - - - - - - - - - - - - - - - - - - - - - - - - a I TYPE GEN 1 Y E S C o L ~ S E ~ n 1 NAME O F COUNSEL AND OR ORGANIZATION PERSONAL APPEARANCE AB I X RECORDREVIEW ADDRESS AND OR ORGANI%A'l'ION O F C'CIIINSEI I 1 I MEMBER S I T T I N G I I HON I GEN VOTE OF THE BOARD I UOTHC I OTHER I DENY 1NL)ES NUMBER A66.00 1 CASENUMBER EXHIBITS SUBMITTED TO THE BOARD 1 I ORDER...
AF | DRB | CY2005 | FD2005-00152
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AF | DRB | CY2007 | FD2006-00368
The records indicated the applicant received two Article 15's for misconduct. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF. Applicant's Issues.
AF | DRB | CY2003 | FD2002-0387
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD02-0387 GENERAL: The applicant appeals for upgrade of discharge to Honorable. And, he received eight Records of Individual Counseling for reporting for mobility without proper equipment, acting in an unprofessional manner, negligent in the performance of duties, dereliction of duty (twice), late for work (three times), leaving a place of duty without authority, failure to complete assigned duties, and for receiving a...