NAME OF SEHVICE MEMBER (LAST, FIRSI' MIDDLE INITIAL) 

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PERSONAL APPEARANCE 

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NAME O F  COUNSEL AND OR ORCANlZATlON 

ADDRES? AND OR ORGANIZATION O F  COUNSEL 

AIR FORCE DISCHARGE REVlEW BOARD HEARING RECORD 

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RECORDREVIEW 

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ISSUES 

A92.35 
A93.01 

INDEX NUMBER 

A67.90 

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EXHIBITS SWhlITTED TO THE BOARD 

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ORDER APPOIN'I'INCi  I  Ilk BOARD 

APPLICATION FOR REVIEW OF DISC1 IARCrt 
LETTER OF NOTIFICAI'ION 
BRIEF OF PERSONNtl. b I L t  
COUNSb.I.'S  REI.EASE TO THE BOARD 
ADDITIONAL EXHIBITS SIJBMITTED A1  I IME OF 
PERSONAL APPEAMNCC 

TAPE RECORDWG OF PERSONAL APPEARANCE  IiE 

HEARING DATE 

CASE NIJMBER 

I  FD-2006-00255 

20 Mar 2007 
.APPLICAPrT S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATFACHED AIR FORCE DISCHARGE RFNlEW BOARD DECISIONAL RATIONALE 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to sub~nit an 
application to the AFBCMR. 

Names and votes will  be  made available to the applicant at the applicant's request. 
*  Reason and Authority 

550 C S'fKW'I' WES'I'. SUJ'l'E 40 
RANDOLPH AFB, TX 781 50-4742 

AIR FORCE DISCHARGE REVIEW ROARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS AFB. MI1 10762-7W2 

AFIIQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00255 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reason and 
authority for the discharge. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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 and change of reason and authority for discharge are denied. 

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify a change of 
discharge. 

ISSUE: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
Ele admits that he was young and immature and states his discharge was due to minor infractions.  The 
records indicated the applicant received two Article 15s, a Vacation, four Letters of Reprimand, a Letter of 
Counseling, and three Records of Individual Counseling for misconduct.  His first Article  15 was for 
dereliction of duty.  He was punished with a reduction in grade to Airman Basic (reduction below Airman 
was suspended), suspended forfeiture of pay, restriction to basc for 45 days, and 45 days of extra duty.  He 
received a Vacation for failure to go to his appointed place of duty in which he forfeited pay for two months. 
His second Article 15 was for having alcohol in his dormitory room and underage drinking.  He was 
punished with a reduction in grade to Airman Basic, forfeiture of pay, restriction to base for 30 days, and 30 
days of extra duty.  He had additional misconduct and was administratively disciplined for failing dorm 
room inspections, failure to report damage to a vehicle, being late for work, failure to communicate, and 
underage drinking.  The DRB recognized the applicant was 21 years of age when the discharge took place. 
However, there is no evidence he was immature or did not know right from wrong.  The Board opined the 
applicant was older than the vast majority of first-term members who properly adhere to the Air Force's 
standards of conduct.  The DRB concluded that the characterization of the applicant's  discharge was 
appropriate due to the misconduct. 

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 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 AB)  (HGH A1C) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Elmendorf AFB, AK on 16 
Oct 03 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge, and to Change 
the Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Jul 82.  Enlmt Age: 17 9/12.  Disch Age: 21 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-39,  E-31,  G-32,  M-26. PAFSC: 3A031 -  Information Management 
Apprentice. DAS: 11 Jul 01. 

b.  Prior Sv: (1) AFRes 08 May 00 -  29 Jan 01  (8 Months 22 ~ays)(~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 30 Jan 01 for 4 yrs. Svd: 02 Yrs 08 Mo 10 Das, all AMS. 

b.  Grade Status:  AB -  29 Aug 03  (Article 15, 29 Aug 03 

A m   -  27 May 03 
A1C -  30 May 02 

c.  Time Lost:  None. 

11 

:  3rd Wing Commander, not to have 

d.  Art 15's:  (1) 29 Aug 03, Elmendorf AFB, AK  -  Article 92.  You, having 
------------  .................... 
knowledge of a lawful order issued by Brigadier General 
....-.-.-....-.-......~.~....~.~. 
alcohol in the dormitories, an order which it was your 
duty to obey, did, on or about 20 Jul 03, fail to obey 
the same by wrongfully having alcohol in the 
dormitories.  You, who knew or should have known of your 
duties, on or about 20 Jul 03, were derelict in the 
performance of those duties in that you willfully failed 
to refrain from consuming alcoholic beverages while 
under the age of 21 years, as it was your duty to do. 
Reduction to AB, forfeiture of $575.00 pay per month for 
2 months.  Restriction to the limits of Elmendorf AFB, 
Alaska for 30 days, and 30 days extra duty.(No appeal) 
(No mitigation) 

( 2 )   15 Jul 03, Vacation, Elmendorf AFB, AK - Article 86. 

You did, on divers occasions, between on or about 19 Jun 
03 and on or about 20 Jun 03, without authority, fail to 
go at the time prescribed to your appointed place of 
duty, to wit: Building 10437, Official Mail Center. 
Forfeiture of $300.00 pay per month for 2 months.  (No 

appeal) (No mitigation) 

(3) 27 May 03, Elmendorf AFB, AK -  Article 92.  You, who 

knew or should have known of your duties, on or about 13 
May 03, were derelict in the performance of your duties 
in that you negligently failed to complete the mail run, 
which includes mail drop-off and pick-up at several 
locations, as it was your duty to do.  Reduction to AB 
(reduction below Airman suspended).  Suspended 
forfeiture of $300.00 pay per month for 2 months. 
Restriction to the limits of Elmendorf AFB, Alaska for 
45 days, and 45 days extra duty.  (Appeal/Denied) (No 
mitigation) 

e.  Additional: LOR, 20 MAR 03 -  Failed dorm room inspection. 

DD 1408, 16 JAN  03 -  Failure to stop at a stop sign. 
LOR/UIF, 23 OCT 02 -  Failure to maintain dorm room. 
LOC, 22 OCT 02 -  Failure to maintain dorm room. 
RLC, 27 AUG 02 -  Failure to report damage to vehicle. 
LOR, 18 JUL 02 -  Late for work. 
DD 1408, 14 APR 02 -  Parking in fire lane. 
RIC, 04 SEP 02 -  Failure to communicate. 
RIC, 01 APR 01 -  Late for work repeatedly. 
LOR, 05 NOV 01 - Apprehended for underage drinking. 

f.  CM:  None. 

g.  Record of sv:  31 Jan 01 -  30 Sep 02  Elmendorf AFB  3  (Initial) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (05) Mos  (09) Das 
TAMS: (02) Yrs  (08) Mos  (16) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Jun 06. 

(Change Discharge to Honorable, and Change the Reason for Discharge) 

Issue 1:  I am requesting that my RE Code be changed to allow me to re- 

enlist in the Air Force Reserves.  I have been out of the service for 2 years 
now and would like to go back and serve my country.  The reason for my discharge 
was for mainly minor infractions and since the time I have been out, I have 
grown to become a  (sic) more responsible.  I have matured enough to understand 
that my actions were wrong but are correctable. 

ATCH 
None 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge fiom the United State Air Force for a pattern of 
misconduct, specifically, conduct prejudicial to good order and discipline.  The authority for this 
action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, 
your service will be characterized as honorable or general.  I am recommending your service be 
characterized as general. 

2.  My reasons for this action are: 

a.  On 20 Jul03, you violated 3 WGICC's  order against possessing alcohol in the dormitories 
and you consumed alcohol while under the age of 21.  For this misconduct, you received Article 
15 punishment, dated 29 Aug 03, of a reduction to airman basic, forfeiture of $575.00 pay per 
month for two months, restriction to Elmendorf AFB for 30 days, and 30 days extra duty.  This 
action was filed in your Unfavorable Information File (UIF)  (Attachments 1 and 15). 

b.  Between 19-20 Jun 03, you failed to go to your place of duty at the time prescribed.  For 
this lack of self-discipline, you received a vacation of suspended nonjudicial punishment, dated 
15 Jul03, of forfeiture of $300.00 pay per month for two months.  This action was filed in your 
UZF (Attachments 2 and 15). 

c.  On 13 May 03, you failed to complete your mail run duties.  For this dereliction of duty, 
you received Article I5 punishment, dated 27 May 03, of a reduction to the rank of W a n ,  a 
suspended reduction to the rank of airman basic, suspended forfeitures of $300.00 pay per month 
for two months, restriction to Elmendorf AFB for 45 days, and 45 days extra duty.  This action 
was filed in your UIF (Attachments 3 and 15). 

d.  On 17 Mar 03, you failed a dormitory room inspections.  For not adhering to cleanliness 

standards, you received a Letter of Reprimand (LOR), dated 20 Mar 03 (Attachment 4). 

e.  On 16 Jan 03, you failed to stop at a posted stop sign.  For you failure to follow traffic 
regulations, you received a DD Form 1408, h e d  Forces Traffic Ticket and were verbally 
counseled on 16 Jan 03 (Attachment 5). 

f.  On 23 Oct 02, you failed a dormitory room re-inspection, For your failure to maintain your 

room neat and orderly, you received a LOR, dated 23 Oct 03.  This LOR established your UIF 
(Attachments 6-7 and 15). 

g.  On 16 Oct 02, you failed a dormitory room inspection.  For this failure to follow 

cleaaliness standards, you received a Letter of Counseling (LOC), dated 22 Oct 02 
(Attachment 8), 

h.  On 26 Aug 02, the goveroment vehicle you operate was found damaged.  You failed to 

report the damage to your superiors.  For this failure to inform your superiors of the damage, you 
received an AF Form 174, Record of Individual Counseling, dated 27 Aug 02 (Attachment 9). 

i.  On 17 Jul02, you failed to report for duty at the time prescribed.  For this lack of self- 

discipline, you received a LOR,  dated 18 Jul02 (Attachment lo). 

j.  On 14 Apr 02, you parked your vehicle in a fire lane.  For this failure to follow traffic 

regulations, you received a DD Form 1408, Armed Forces Traffic Ticket and you were verbally 
counseled (Attachment 1 1). 

k, On 8 Apr 02, you failed to complete your mail run duties and failed to communicate to 

your superiors that you had forgotten your line badge at home.  For this dereliction of duty, you 
received an AF Form 174, Record of Individual Counseling, dated 9 Apr 02 (Attachment 12) 

1.  On 2 Apr 02, you failed to report for duty at the time prescribed.  For this misconduct, you 

received an AF Form 174, Record of Individual Counseling, dated 9 Apr 02 (Attachment 13). 

m.  On 8 Sep 01, you were apprehended for consuming aloohol while under the age of 21. 

For this misconduct, you received a LOR, dated 5 Nov 01 (Attachment 14). 

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 a higher 
authority will decide whether you are discharged or retained in the Air Force and, if you are 
discharged, how your sewice will be characterized. If you are discharged, you will be ineligible 
for reenlistment in the Air Force, and any special pay, bonus, or education assistance funds may 
be subject to rewupment. 

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult Capt: , ..-....- P : 552-3887, at Bldg 10480, 
at  13.30 b3 . You may consult civilian counsel at your own 
Room 33 0 on  2 9 s ~ ~  
expense. 

,.-..- .." 

~3 

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 three duty days after the date of this letter 
unless you request and receive an extension for good cause shown.  I will forward any statements 
you provide 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 medical examinations. You must r 
records, to the 3rd Aerospace Medicine Squadron, Bldg 5595, at  d 7 ' O  ?o ,& 
for your first exam, at which time you will be notified of the time for your second exam. 
Medical Assessment Letter (DD Form 2697).  You are to refrain from alcohol for 72 hours, and 
refrain ftom the use of tobacco products for 6 hours, prior to examhation.  Bring eyeglasses (and 
contact solution if using contacts) if applicable.  You must be in uniform for these examinations. 

on 155'  6 3 

rt, with your medical 

-%&g 

8.  You have been scheduled for a Transition Assistance Program briefing.  You must report to 
the Family Support Center at  0 9b0 h< on  3 '6 P+  0.3. You have also been scheduled 
for a TMO Household Goods Shipment preprocessing briefing.  You must report to Bldg 8517 
on  a bS+  63  . You must be in uniform for 
(People Center), Room 247 at  1660 hty 
all appointments. 

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

' ---- -- ---- -- - ---. . ---r 
Commander 

--- ---, ---.--- 

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Attachments: 
1.  AF Form 3070 with evidence, 29 Aug 03 
2.  AF Form 366,15 Jul03 
3.  AF Form 3070,27 May 03 
4.  LOR, 20 Mar 03 
5.  DD Form 1408,16 Jan 03 
6.  LOR, 23 Oct 02 
7.  AF Form 1058,4 Nov 02 
8.  LOC, 22 Oct 02 
9.  AF Form 174,27 Aug 02 
10.  LOR, 18 Jul02 
11.  DD Form 1408,14 Apr 02 
12.  AF Form 1 74,9 Apr 02 
13.  AF Fonn 174,9 Apr 02 
14. LOR, 5 Nov 01 
15. AF Form 1137