AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

t'AME  O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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PERSONAL APPEARANCE 

NAME O F  COllNSEL AND OH ORGANILATION 

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RECORD REVIEW 

ADDRhbb AND OH ORGANILA I ION O F  COUNSEI. 

ISSUES 

A0 1 .OO 
A95.00 

INDEX NUMBER 

A67.90 

IIEARING  DATE 

CASE NUMBER 

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EXHIBITS SUBMITTED TO THE BOARD 

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I  ORDER APPOIN'I'INCr'l'HE BOARD 

I  1 
1  2  1  APPLICATION  FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

I  TAPE RECORDTNG OF PERSONAL APPEARANCE IdE 

I 

19 Apr 2007 
APPI.ICANT'S ISSUE AND THB BOARD'S  ~ I S I O Y A L  R4llONAL ARE D I S C U S S E D O N ~  A'ITACHED ,AIR FORCK~ISCHAROE REVIEW BOA@.DDEClSIONAL RA TIONA1.E 

FD-2006-00282 

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Sase heard in Washington, DC. 

4dvise applicant of the decision of the Board and his right to subinit an application to the AFBCMR 

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

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1 ". 

INDORSEMENT 

FROV. 

T- 

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A  E:  4/19/2007 

SAFIMKBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, '1'X 781 50-4742 

SECRETAR\  OF THE AIR  FORC t YtH5ONYFI.  COI NC1L 
41R FORCE DISCIIARGE  REVIEM  BOARD 
1535 COhlMAND DR.  EE MINC. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASL NUMBER 

FD-2(,06-00282 

GENERAL:  The applicant appeals for upgrade of discharge to honorable 

The  applicant  requested  a  personal  appearance  before  the  Discharge  Review  Board  (DRR)  and  was 
scheduled for an appearance on  19 April 2007 at Andrews AFB, MD, but he did not keep the appointment or 
call  to  reschedule.  Therefore,  his  request  for  upgrade  was  reviewed  based  upon  the  record  and  his 
submission. 

The attached brief contains available pertincnt data on the applicant and the factors leading to thc discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The Board  finds the applicant did not  submit sufficient  evidence to persuade the DRB that  upgrade  action 
was justified  in the applicant's  case. 

ISSUE: 

The applicant contends that his General discharge in  1993 was upgraded to Honorable six months after his 
discharge and has subsequently changed back to General.  Ilc believes his record is now in error and wants it 
returned to Honorable.  The DKB noted his issue was common and was the result of a miscommunication. 
While a discharge may be upgraded, the upgrade is by no means automatic.  A discharge is upgraded only if 
the applicant and the DRR can establish an inequity or impropriety took place at the time of discharge.  In 
this case, none was found, so the Board denied the appeal. 

CONCLUSIONS:  The  Discharge  Review  Hoard  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 lor 
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 AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Minot AFB, ND on 2 Jul 
93 UP AFR 39-10, para 5-47b (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Sep 73.  Enlmt Age: 27 1/12.  Disch Age: 29 9/12. Educ: HS DLPL. 

AFQT: N/A.  A-79,  E-49,  G-57,  M-51. PAFSC: 55131 -  Apprentice Construction 
Equipment Operator. DAS: 26 Jul 92. 

b.  Prior Sv: (1) AFRes 13 Aug 91 -  7 Apr 92 ( 7   months 25 days)(Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 8 Apr 92 for 4 yrs. Svd: 01 Yrs 02 Mo 25 Das, all AMS. 

b.  Grade Status:  AB -  22 Jun 93  (Article 15, 22 Jun 93) 

A m  -  8 Oct 92 

c.  Time Lost:  None. 

d.  Art  15,s:  (1) 22 Jun 93, Minot  AFB, ND -  Article 92.  Preliminary 

investigation has disclosed that you, who knew of your 
duties at or near Lake Sakakawea, McClean County, North 
Dakota, on or about 7 Jun 93, were derelict in the 
performance of those duties in that you willfully failed 
to refrain from driving alcoholic beverages while under 
the age of 21, as it was your duty to do.  Reduction to 
AB, and restriction to the limits of Minot AFB, North 
Dakota for 15 days. (No appeal)  (No mitigation) 

e.  Additional: LOR, 21 JUN 93 -  Unlawfully enter a mobile home without 

LOR, 03 APR 93 -  Damaged government property by punching 

and breaking an NCO Club window. 

expressed permission. 

f.  CM:  None. 

g.  Record of SV: None 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (10) Mos  (20) Das 
TAMS: (01) Yrs  (02) Mos  (25) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 2 9 3 )  dtd 20 Jul 06. 

(Change Discharge  to Honorable) 

I changed it  10 years ago and  it got  changed back, 

ATCH 
1. DD Form 149. 

! 

D E P A R T M B N T  Or THE:  A I R   F O R C E  

Y L A D O U A R T ~ R S  SOH  SUPPORT  G R O U P  t A C C )  

MINOT A I R   FORCE BASE,  N O R T H  DANOTA 

FROM:  S  CES/CCE 

SWJ:  Lettes of  Ndtification -  AFR  39-10, Para 5-47b 

TO:  AB : . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

............................................... 
5th Civil Engineering Squadron 

1.  I am recommending your discharge from the United States Air Force for 
mioconduct,  apecifically, conduct prejudicial to good order and discipline. 
The authority  for this action  is BFR  39-18,  paragraph 5-47b.  If my 
recommendation is approved, your discharge will be characterized as general  or 
honorable.  I am recommending  that your service be characterized as general. 

2.  My  reasons for  this action are: 

a.  On os about  14 Mar  93,  you caused damage to government property  when 
you bit a window at the NCO Club, causing it  to break.  For this offense you 
received a Letter of  Reprimand  (LOR) on 3 Apr  93 and you paid  for the cost of 
the repair to the window. 

b.  On or about 7 Jun 93, you unlawfully entered  $he mobile home of Joe 

Gieser, located at the West  Totten Trail  campsite without his expressed 
permission.  For this offense you received a LOR on  21 Jun  93. 

b.  On  or  about 7 Jun 93, you drank alcohol  at Lake Sakakawea, McClean 

County, North Dakota, while you were  under age 21.  For  this offense you 
received nonjudicial punishment  an  22 Jun 93, including reduction  to AB  and 
15 days restriction  to the base. 

Copies of  the documents to be  forwarded to the separation authority  in support 
of  this recommendation are attached.  The Commander exercising SPCM 
jurisdiction  ( 5   BW/CC)  or a higher authority  will  decide whgther you will be 
discharged  or retained  in the Air  Force, and  if  you are discharged, how your 
service will  be  characterized.  If you are discharged, you will  be  ineligible 
for reenlistment  in the Air  Force. 

to asaist you.  I have  made  an appointment for you to consult 

3.  You have the-right to consult counsel.  Military  legal counsel has been 
obtained ---------- 
Captain \--------is  Area Defense Counsel, at his off ice, 300 Summit Drive, Room 
306A,  at 0800  hours on 24 June  1993.  You may  consult civilian counsel at your 
own expense, 

4 

. 

4.  You have  the right to submit statements in your own behalf.  Any 
statements you want  the separation authority  to consider  must reach me by 
---------- 
/t43 D 
1893, unless  you request and receive an 
extension  for good  cause shown.  I will  send them to the separation authority. 

hours on JPZ&& 

tl 

@ 

'. 

If  ou fail  to coneult couneel or  to submit etatementa  in your own  behalf, 

5. 
your faylure will  constitute a  r a i v e ~  of  your right to do so. 

6.  You have been  scheduled for a medical  examination.  You must report to the 
Physical Exam Section, 5th  Medical Group Rospital, 18  Missile Avenue, Minot 
AFB, ND at 0600  hour$  on 23 June  1893 for the examination. 

7.  Any personal  information you furnish in rebuttal  is covered  by  the Privacy 
Act Statement as eGplained  in AFR  39-10. attachment 2 . .   A  copy of AFB  39-10 is 
available tor your use  in  the Orderly  Room, 

0 .   Execute  the attached acknowledgment  and peturn  it  to me  immediately. 
.............................................. 

.............................................. 
Squadron Section Commander, 5  CES 

4 Ateh 
1.  AF  Form 3070, w/atchs  ----' 
2 .   LOR,  21 Jun 93, w/atchs  . 
3.  LOR, 3 Apr  03,-w/atchs 
4.  Receipt of  Letter of  Notification