AIR FORCE DISCHARGE KEVIEW BOARD HEARING  RECORD 

- -  - 

I  N4h10 Oh  SERVIC E. MEMBER (LAST, FIRST RlInnl.1;  IN1 I I*!,) 
..-.-..-....-..-.-..-..- 
I  : 
_I  -  ---- 

GEN 

PERSONAL APPEARANCE 

I  AMN 

X 

---------------- 
! 
RECORD REVIEW 

I 

1

.

 

pp 

,  c O U N L  

NAME OF COUNSEL AND ORORGANIZATION 

, 

YES 

Nu 

X 

MEMBER SITTING 

. 

I I O N  

VOTE OF THE BOARD 

-- 

- - 
GEN 

I 

I I O I ~ I C   OTHflIGiy 

lSSllk,S 

A93.01 

INDEX NUMBER 

A67.90 

I 

1  1 
2 
3 
4 

I 

I 

1 
EXHI BITS SUBMITTED TO THE BOARD 

I 

I 

I 

ORDKK API'OIN1.ING  THE BOARI) 
APPLICATION  I:OR  RtVIEW OF DISCHARGE 
I.KI"TI?R OF NOTIFICATION 
BRIEF OF PERSONNF.1. FILE 
COUNSEI.'S  RELEASE -1'0 'I'III? BOARD 
ADDITIONAL EXIIIHITS SUBMITTED A ' I I ' I M ~  OF 
PERSONAL APPEARANCE 

'TAPE RECORDING 01'  I'ERSONAL  APPEARANCh I I

t

 

1  29 Mar 2007 

(  FD-2006-00148 

I 

I 

I 

I 

I 

APPLICANT% Y[S$UBANIY THE BOARD'S DECISIONAI.  RATfONAL ARE DISCUSSED ON TIIF. ATTACHED AIR FOKLh DISCHARGE RCVIFW DOARD DECISIONAL RATI0NAl.F 

Case heard  in Washington, D.C. 

Advise applicant of the decision of the Board, tlie right to a personal appearance with/without counsel, and the riglit to submit all 
application to the AFBCMR. 

Names and votes will be made available to the applicant at the applicant's  r e q u e s t .  

*  Reason and Authority 
+  Reenlistment Code 

. ..,. 

SAFIMRBK 
550 C STREET WIiSI'. S111'1I1 40 
liAN[)01.1'1 1  AFB, T X  78 150-4742 

SEC'UFI 4 H I  (IFTIIE  %1R FORCE PtH\O\\CI.  COI NClL 
.AIR FOIlC t  015(HXR(;F  REVIEH 8OA1<1) 
1535 ( ' O I I M  \\I) 

I)H. t  k  U I \ C .  JRD Fl 0 0 U  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

I 

I 

1 
I 

I 

AIR FORCE DlSCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASb  N l l M R E R  

FD-ZU,)6-00148 

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 applicailt was offered a personal appearance before the Discharge lieview Board (DKB) 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, changc of reason and authority for discharge, and change of 
reenlistnlent 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: 

Although not explicitly stated, applicant contends that he should not be penalized indefinitely for mistakes 
he made when he was young and immature.  Applicant has also expresscd a desire lor upgrade olhis 
discharge to qualify for reenlistment into the armed forces.  The DRB recognized the applicant was 22 years 
of age when the discharge took place.  However, there is no evidence he was immature or did not know right 
from wrong.  The records indicated the applicant received an Article  15, a Vacation, two Letters of 
Reprimand, two Records of Individual Counseliilg and four Memorandums for Record for misconduct.  'I'he 
applicant received an Article  15 for being derelict in the performance of duties by  providing alcoholic 
beverages to someone under the age of 2 1.  He was punished with a reductioil in grade to Airman, suspended 
forfeiture of pay, fifteen days of extra duty and a reprimand.  The Vacation action was for making a false 
official statement.  He forfeited $200.00 pay for two months.  The applicant had additional misconduct and 
was administratively disciplined for dereliction of duty, being late for work, failure to shave, failure to 
maintain body hygiene and uniform standards, failure to go, failure to obey a lawful order, failure to 
complete CDCs, and coilsuming alcoholic beverages while underage.  The DRB opined that through these 
administrative actions, the applicant had  ample opportunities to change his negative behavior.  The Board 
concluded the applicant's misconduct was a significant departure froin coilduct expected of all military 
members.  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 dischargc 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 AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Little Rock AFB, AR on 3 
Aug 01 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for an Honorable Discharge, and to Change 
the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Apr 79.  Enlmt Age: 19 3/12.  Disch Age: 22 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-27,  E-41,  G - 3 7 ,   M-32. PAFSC: IT151 - Aircrew Life Support 
Journeyman. DAS: 15 Feb 9 9 .  

b.  Prior Sv: (1) AFRes 14 Jul 98  -  13 Oct 98  (3 months) (Inactive) . 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as A m  14 Oct 9 8   for 4 yrs.. Svd: 02 Yrs 09 Mo 20 Das, all 

AMS . 

b.  Grade Status:  A m  -  1 Feb 01  (Article 15, 1 Feb 01) 

A1C -  I4 A u ~  99 

c.  Time Lost:  None. 

d.  Art 15,s:  (1) 2 J u l   01, Vacation, Little Rock AFB, AR -  Article 107. 

............................. 

You, did, on or about 1 Jun 01, with intent to deceive, 
:,  an official statement, 
make to MSgt: 
to wit: your appointment with financial planning had 
gone okay, which statement was totally false in that you 
did not attend the appointment, and was then known by 
you to be false.  Forfeiture of $200.00 pay per month 
for 2 months.  (No appeal)  (No mitigation) 

(2) 1 Feb 01, Little Rock AFB, AR  -  Article 92.  You, who 

knew of your duties, on or about 20 Jan 01, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from providing alcoholic 
beverages to someone under the age of twenty-one, as it 
was your duty to do.  Reduction to Airman.  Suspended 
forfeiture of $200.00 pay per month for 2 months. 
Fifteen days extra duty, and a reprimand. (No appeal) 
(No mitigation) 

e.  Additional: MFR, 04 JlTN 01 -  Dereliction of duty, late for work 

approximately five times, failure to 
shave, left work early for appointment and 

did not return without authority, and left 
work unfinished and equipment disassembled 
on the work counter. 

RIC, 14 MAY 01 -  Failure to maintain body hygiene and 

uniform standards. 

standards. 

MFR, 03 MAY 01 -  Failure to go. 
MFR, 10 APR 01 -  Late for work; uniform and hair out of 
MFR, 30 MAR 01 -  Failure to obey a lawful order. 
LOR, 26 JUN  00 - Dereliction of duty. 
RIC, 07 JAN 00 -  Failure to complete CDCs. 
LOCI 20 DEC 99 -  Late for work. 
LOR, 28 SEP 99 -  Consuming alcoholic beverages underage. 
314 OSS/CCF MEMO, 5 NOV 99 -  Failure to obey a lawful 

order. 

f.  CM:  None, 

g.  Record of SV: 14 Oct 98 -  13 Jun 00  Little Rock AFB  L  (1nitial)REF 
14 Jun 00 -  13 Jun OL  Little Rock AFB  2  (AnnualIREF 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (03) Yrs (00) Mos  (20) Das 
TAMS:  (02) Yrs  (09) Mos  (20) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Apr 06. 

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

for Discharge) 

Issue 1:  I want to enlist into the Navy because I want my 2 children to 
have a good future.  I know I screwed up last time.  I was young and dumb and 
single.  I am married now for 4  1/2 years with a 2 year old son, and another son 
on the way.  I realizes (sic) now the military is the best way to go.  I want to 
support my kids and support my country.  That is why I want my reenlisted (sic) 
code changed so I can join the Navy. 

ATCH 
1. DD Form 214. 
2. Two Character References. 
3. Substance Abuse Treatment Summary, 26 Mar 02. 
4. Character Reference. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 314TH AIRLIFT WING (AETC) 
LITTLE ROCK AIR FORCE BASE, ARKANSAS 

2 4  JUL  iN1 

MEMORANDUM FOR AMN! 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l  

.............................................. 

FROM:  314 OSS/CC 

SUBJECT: Notification Memorandum 

, 

1. I am recommending your discharge from the United States Air Force IAW AFPD 36-32 and 
AFI 36-3208, paragraph 5.50.2, A Pattern of  Misconduct, Conduct Prejudicial to Good Order 
and Discipline.  I f  my recommendation for discharge is approved, the separation authoritymay 
characterize your service as either Honorable, Under Honorable Conditions (General), or Under 
Other Than Honorable Conditions CTJOTHC).  I will recommend characterizing your service as 
Under Honorable Conditions (General). 

2.  My reasons for this action are: 

,.- .." -.-, 
a.  On or about 1 June 2001, you provided a false official statement to MSgti ---------- 

concerning your financial planning appointment.  For your actions, you received a Vacation of 
Suspended Nonjudicial Punishment under Article 1 5, UCMJ.  (Atch 1 - 1) 

b.  On or about 29 March 2001 to 14 May 2001, you failed to maintain body hygiene and 
uniform standards. For your actions, you received a Letter of Counseling (LOC).  (Atch 1-2) 

c.  On or about 20 January 2001, you failed to refiain from providing alcoholic beverages to 

someone under the age of 21.  For your actions, you received Nonjudicial Punishment under 
Article 15 and establishment of an Unfavorable ]information File.  (Atch  1-3) 

d.  On or about 29 May 00, you got burned sufficiently by the sun to render you incapable of 
performing your assigned duties.  For your actions, you received a Letter of Reprimand (LOR). 
(Atch 1-4) 

e.  On or about 7 January 2000, you failed to complete your Career Development Course 

(CDC), Volume 1. You were given an extension with a suspense date of 28 December 1998 and 
still failed to complete CDC Volume 1.  For your actions, you received an LOC.  (Atch 1-5) 

f.  On or about 20 December 1999, you failed to go at the time prescribed to your appointed 

place of duty.  For your actions, you received an LOC.  (Atch 1-6) 

g.  On or about 12 September 1999, you were apprehended by security forces personnel for 
underage alcohol consumption.  Investigation disclosed you wrongfully possessed alcohol as a 
minor and consumed several alcoholic beverages while attending a party in dormitory 744.  For 
you actions, you received an LOR. (Atch 1-7) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or highex authority 
will decide whether you will be discharged or retained in the Air Force and, if discharged, how 
your service will be characterized.  If you are discharged, you will be ineligible for reenlistment 
in the Air Force. 
4.  You have the right to consult counsel.  Military legal .--------------------- 
5 Area Defense 
I have made an appointment fox you to consult Captain! 
Counsel, Bldg 1255, Rm 20 1, Telephone 7-3260 on 25 JG-2001 3 0900 hours.  You may 
consult civilian counsel at your own expense. 

counsel has been obtained to assist you. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within (3) workdays or (72) hours unless you 
request and receive an extension for good cause shown.  I will forward any statements you 
submit 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. 

7.  You have been scheduled for a medical examination.  You must report to Little Rock AFB 
Hospital at 1300 hours on 26 July 2001 for the examination. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFT 36-3208 is available for your use in the Orderly Room. 

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

C..-. 

Attachments: (See next page) 

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

.-....-.-.. J 

Commander 

i: 

I 

Attachments: 
1-1  Vacation, 27 Jun 01 

Member's Response, 29 Jun 01 
MFR wSgtr-------. 
:), 4 JLm 01 

-------- 

1-2  LOC, 1 4 May 01 . 

- (SSgt ........ - 1. 3 May 01 

W R  (Msgt[-------- 
.---- 
--- -' 9 

MFR (Msgt; ----- --- 3, '  10 Apr 01 
MFR (Msgtl- - - - - - - %,30 Mar 01 

j),  4 Jun 01 

1-3  Art. 15'29 Jan 01 

Member's Response, 3 1 Jan 0 1 
Evidence, 20 Jan 01 
UIF Summary Sheet 

1-4  LOR, 26 J u ~  00 
1-5  LOC,  10 Jan 00 
1 6  LOC, 20 Dec 99 
1-7  LOR,28 Sep99 

MFR (MSgt Poe), 5 Nov 99