NAME OF SERVICE MEMBER (LASI', FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AMN 

1  AFSNRSAN 
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L - - - - - - - - - - - - - - - - - - l  

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

~ ' Y P E  GEN 

C0uE2sw , 

YES 

No 
X 

PERSONAL APPEARANCE 

X 

RECORD REVIEW 

NAME O F  COUNSEI. AND O R  ORG.kNlLA  1 ION 

ADDRESS ANU OH OHGANIZA'I'ION  OH COIlNSEL 

MEMBER SITTING 

1 

ISSUES  A94.05 

INDEX NUMHEIt 

A66.00 

X 

X 

X 

X 

- 

X 

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IXNElBlTS SUBMIl'TED TO THE BOARD 

1  I  ORDER APPOINTING TtlL BOAKL) 
2  1  APPI.ICA.I.ION  FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 

BRIEF OF PERSONNEL ~ I L E  
COUNSEL'S RELEASE TO TIIE BOARD 
A13131TIONAI. FXHIRITS SURMlTTEn AT TlMF OF 
PtKSONAI,  APPtAKANCt, 

T A P t  KtCOKL)IN(> OF PhKSONAL, APPtARANCt 

-- 

- 

- 

IlEARlNG  DATE 

CASE NlIhlBER 

I  FD-2005-00440 

10 Aug 2006 
APPLICANT'S ISSI'E tL!D T H E B O . W . 5  DECISIONAL. KAl'lO?lrZL ARE  DISCUSSED ON THE ATT4CHED  .AIR FORCE DISCHARGE KE\'IEW  BOARD DECLSlOhAL RXllONALE 

I 

I 

I 

I 

I 

Case heard in Washington, D.C. 

Advise applica~it of the decision of tlie Board, the right to a personal appearance withlwithout counsel, and tlie right to 
sub~iiit an application to the AFBCMR 

Names and votes will  be made available to the applica~it at the applicant's  request. 

-----------------------------------*---------------------------.--------.--------------------------------------- 

-  .. - .- 

TO: 

SAFIMRBR 
550 C STREEI- WEST, SUITE 40 
RANDOLPFI AFB, 'I'X  78 150-4742 

INDORSEMENT 

- - . - -. - - - 

FROM: 

DATE: 8/1 la006 
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--  - 
SECRETARY O F  THE AIR  FORCE  PERSONNEI  COlINCII. 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR, EL WIN(;,  3KD FI,OOR 
ANDREWS AFB, MD 207152-7002 

-- 

. 

. -  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD UECLSIONAL RATIONALE 

CASE NUMBER 

FD-t005-00440 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was offered a personal appearance before the Discharge Review Board (DRR) 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. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received three Article 15's for misconduct.  The first Article  15 was for leaving the scene of an 
accident.  His punishment was suspended reduction in grade to airman and forfeiture of pay.  His second 
Article  15 was for derelict in the performance of duties in that he failed to refrain from providing alcoholic 
beverages to persons under the age of 2 1, and for being disorderly.  He received a suspended reduction in 
grade to airman first class, forfeiture of pay, and restriction to Minot AFB ibr 45 days.  His third and final 
Article  15 was for driving under the influence of alcohol and wrongful use of marijuana.  As a result, he was 
reduced in grade to airman.  The DRB opined that through these administrative actions, the applicant had 
ample opportunities to change his negative behavior.  The Board concluded the nlisconduct was a significant 
departure from conduct expected of all military members.  The characterization of the discharge received by 
the applicant was found to be appropriate. 

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  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 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 further concludcs 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 

L......-.-.-.......---------------. 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Minot AFB, ND on 9 Sun 
97 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

(Former AMN)  (HGW SRA) 

MISSING DOCUMENTS AND MEDICAL RECORDS 

2.  BACKGROUND: 

a. DOB: 27 Jul 73. Enlmt Age: 18 8/12.  Disch Age: 23 10112. Educ: HS DIPL. 

AFQT: N/A.  A-Unknown,  E-Unknown,  G-Unknown,  M-Unknown. PAFSC: 3C031 -  Radio 
Communications Systems Apprentice. DAS: 22 Sep 94. 

b.  Prior Sv: (1) AFRes 27 Mar 92 -  18 May 92 (1 month 22 days) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  ~nlisted as AB 19 May 1992 for 6 yrs. Svd: 05 Yrs 00 Mo 22 Das, all 

AMS . 

b.  Grade Status;  Amn -  1 Apr 97 (Article 15, 1 Apr 97) 

SrA -  Unknown. 
A1C -  Unknown. 

c.  Time Lost:  None 
d.  Art 15's:  (1) 1 Apr 97, Minot AFB, ND  -  Article 111.  You did, on or 

about 20 Mar 97, on Highway 83 physically control a 
vehicle, to wit: a passenger car, while impaired by 0.10 
grams of alcohol per 100 milliliters of blood or greater 
as shown by chemical analysis.  Article 112a.  You did, 
on divers occasions between on or about 1 Nov 96 to on 
or about 30 Nov  96, wrongfully use marijuana.  Reduction 
to Airman.  (No appeal)  (No mitigation) 

(2) 25 Mar 97, Minot AFB, ND  -  Article 92.  You, who knew 

of your duties, on or about 19 Feb 97, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from providing alcoholic beverages to 
persons under the age of twenty-one years, as it was 
your duty to do.  Article 134.  You, were, on or about 
19 Feb 97, disorderly.  Suspended reduction to A 1 C .  
Forfeiture of $75.00 pay per month for 2 months, and 
restriction to Minot AFB, ND for 45 days.  (No appeal) 
(No mitigation) 

(3) 29 Mar 94, RAF Croughton, UK -  Article 134.  You, the 

driver of a privately owned vehicle at the time of an 
accident in which said vehicle was involved, and having 
knowledge of said accident, did, on or about 8 Mar 94, 
wrongfully leave the scene of the accident without 
making your identity known.  Suspended reduction to 
Airman.  Forfeiture of $100.00 pay per month for 2 
months.  (No appeal) (No mitigation) 

e.  Additional: Unknown. 
f .  CM:  None. 

g.  Record of SV: Unknown. 

h,  Awards &  Decs:  AFLSAR, AFTR, NDSM, AFOSLTR. 

i.  Stmt of Sv:  TMS: (05) Yrs  (02) Mos  (13) Das 
TAMS: (05) Y r s   (00) Mos  (22) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Nov 05 

(Change Discharge to Honorable) 

Issue 1:  In order to utilize VA educational benefits. 

ATCH 
None.