FD-2005-00407 

Advise applicant of the decision of the Board, the right to a personal appearance witldwithout counsel, and the right to 
submit an application to the AFBCMR 

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

550 C S'I'KEE'I' WESI',  SUITB 40 
RANDOLPH AFR, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NLIMBEK 

FD~2005~00407 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable and Change RE Code. 

The applicant was offered a personal  appearance before the Discharge Review Board ( D M )  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 Roard  finds the applicant submitted no  issues contesting the equity  or propriety  of the discharge, and 
after a thorough review  of the record,  the Roard  was  unable to  identify  any that  would justify  a change of 
discharge. 
ISSUE:  Applicant received General discharge for Misconduct - Minor Disciplinary  Infractions 

The applicant submitted no issues of inequity  or  impropriety.  The records  indicate the  applicant received 
two Letters of Reprimand and an Article  15 for misconduct.  The misconduct itlcludcd under-aged drinking, 
drunk  and  disorderly  and  driving  under  the  influence  (DUI).  The  board  opined  that  through  these 
administrative actions the applicant had  ample opportunities to change his behavior.  'The  board  concluded 
the  misconduct  was  a  significant  departure  from  conduct  expected  of  all  military  members.  The 
characterization of the discharge received by the applicant was found appropriate. 

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB noted 
that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 17 August 
2001) that he understood he must receive an Honorable discharge to receive future educational entitlements. 
The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is 
not a matter of inequity or impropriety which would warrant an upgrade. 

CONCLUSIONS:  The  Discharge  Review  Roard  concludes  that  the  discharge  was  consisteilt  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 A1C) 

1.  MATTER UNDER REVIEW:  Appl recid a GEN Disch fr USAF McGuire AFB, NJ on 14 
May 04 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Aug 82.  Enlmt Age: 18 3/12.  Disch Age: 21 9/12. Educ: MS DIPL. 

AFQT: N/A.  A-51,  E-57,  G-59,  M-79. PAPSC: 2T251 - Air fTransportation 
Journeyman. DAS: 10 Jun 02. 

b.  Prior Sv: (1) AFRes 30 Nov 00 -  31 Jul 01  (8 months 2 days) (Inactive) . 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 1 Aug 01 for 4 yrs. Svd: 02 Yrs 09 Mo 14 Das, all AMS. 

b.  Grade Status:  A1C -  19 Jul 03 

Amn  -  19 Sep 02  (Article 15, 19 Sep 02) 
A1C -  01 Aug 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 19 Sep 02, McGuire AFB, NJ -  Article 92.  You, who knew 
of your duties, on or about 29 Aug 02, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from consuming alcohol while under the 
age of 21, in violation of AFI 34-219, paragraph 1.1.2, 
dated 9 Sep 98, and New Jersey Statutes Annotated, Title 
9:17B-1, as it was your duty to do.  Article 111.  You 
did, on or about 29 Aug 02, in the parking lot of 
Building 2424, operate a vehicle, to wit: a passenger 
car, while under the influence of alcohol, in violation 
of New Jersey Statutes Annotated, Title 39:4-50. 
Reduction to Airman.  Suspended forfeiture of $300.00 
pay per month for 2 months.  Thirty days extra duty, and 
a reprimand. (No appeal) (No mitigation) 

e.  Additional: LOR/UIF, 9 APR 04 -  Civil arrest for not using a turn 

LOR/CR, 21 JUL 03 -  Underage drinking, drunk and disorderly 

signal, driving under the influence of 
alcohal, and refusing to submit to a 
BAT. 

conduct. 

f.  CM:  None. 

g.  Record of SV: 13 Sep 01 -  12 May 03  McGuire AFB  4  (Initial) 

13 May 03 -  25 Feb 04  McGuire AFB  3  (CRO) 

h .   Awards &  Decs :  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (05) Mos  (14) Das 
TAMS:  (02) Yrs  (09) MOS (14) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Oct 05. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting a change in my discharge status because it would 

greatly help to further my civilian career and so that I can re-apply for GI 
Benefits,  I am currently part-time at the Home Depot and attending full time at 
Glendale Community College in Glendale, Arizona.  Changing my discharge status 
to Honorable will also give me a better reference when I apply for future 
positions in fire departments.  I would also like to have the future option of 
re-enlisting in the military.  I do not feel that I deserved the discharge I 
received. 

ATCH 
1. DD Forms 214/215. 
2. Verification of Military Experience and Training. 
3. Enlisted Performance Report. 
4. Memorandum For 305 APS/CC, 3 May 04. 

DEPARTMENT OF THE AIR FORCE 

AERIAL PORT SQUADRON 

WOUIRE AFB,  NEW JERSEY 08641 

APR  2  8  2004 

MEMORANDUM FOR  AlCi 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

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

FROM: 305 APSICC 

SUBJECT: Notification Memomdm 

1. I am recommending your discharge from the United States Air Force for Misconduct:  Minor 
Disciplinary Inhtions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 
5.49.  If my recommen&tion is approved, your service will be characterized as an Under 
Honorable Conditions (General) Discharge.  I am recornmending that your service be cbracterized 
as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  You received an Article 15, dated 19 Sep 02 for the following offenses: 

1)  On or about 29 Aug 02, you failed to refrain fiom consuming alcohol while under the age 

of 21. 

2)  On or about 29 Aug 02, you failed to refrain operating a vehicle while under the 

influence of alcohol. 

For this misconduct, you received a reduction to the grade of E-2 (Airman), suspended forfeiture of 
$300.00 pay per month for two months, 30 days extra duty, and a reprimand.  As a result of these 
actions an Unfavorable Information File (Urn) was established. 

b.  On or about 27 Jun 03, you were apprehended for underage drinking and drunk and 

disorderly conduct, as evidenced by a Letter of Reprimand (LOR), dated 21 Jul03.  This action 
was added to your UIF. 

c.  On or about 3 Apr 04, you were arrested and cited for not using your turn signal, driving 

under the influence of alcohol, and refusing to submit to a BAT, as evidenced by LOR, dated 9 Apr 
04.  This action was added to your UIF, 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the United States Air Force and, if you 
are discharged, how your senrice will be characterized.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force, 

3.  You have the right to consult counsel.  Military l e g a l ~ y ~ ~ ~ ~ l - &  
have made an appointment far you to consult Captain; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I  
on 2 "I #Pf  @ f ,  at  0 930 
expense. 

hours.  You may consult civilian counsel at your own 

k e n  obtained to assist you.  I 
:at Building 2906 Room 1 16, 

4.  You have the right to submit statements in your own behalf. Any stamants you want tbs 
separation authority to consider must reach me by  3 111 4 Y a 4  unless you request and 
receive m extension fox good cause shown.  I will send thememto 

the separation authority. 

5.  If you fail to consult: counsel or to submit statements in your own b W ,  your m u r e  will 
constitut8 a waiver of your right to & so. 

6, You have bten scheduled for a medical examination.  You must rcport to Ambu1atory Health 
Care Clinic, McOuire AFB on 3 4 fit #f  , at  / Ydd 

hours for the exahation. 

7. 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 at your Squadron orderly room. 

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

Attachments: 
1.  Supporting Documents 
2. Receipt of Notification MemoranduKl