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 

,SLG!+T!FF-OAM?.FPFF. 

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 

. .   . 

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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# .  
b  I 

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) 
I 
RGL&[VGQ  4  wt 

SUL. 10 2-4 

4 5 5  

I 

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 
C . -. . -. . -. . -. . -. ., . - - - - - - -1 

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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D-, 

12.a.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 
............................... 

(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.) 
-  . a  - . I ?  
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)