AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAMF, O K  SERVICE MEMBER (I.AS'r,  FIRST MIDDLE INI'I'IAL) 

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TYPE  GEN 
CoukSEL 

NAME OF COUNSEL A N 0  OR ORCANILATION 

PERSONAL APPEARANCE 

YES 

No 

X 

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MEMBER SITTING 

l s s i l e s  

A92.01 

INDEX  NUMRER 

A67.10 

GRADE 

AFSNISSAN 

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RECORD REVIEW 

X 

ADDRESS ANll OR 0RtiANII.ATION OF COIINSEL 

VOTE OP THE BOARD 

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EXHUTTS SU&IM,ITTED TO '1'1IE BOARD 

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ORDER APPOINTING  THE BOARD 

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2  1  APPLICATION FOR  REVIEW OF DISCtIARGE 
1  3  )  LETTER OF NOTIFICATION 
1  4 
I  BRIEF 01: PFRSONNBI. FILE 
I  COUNSEL'S  RELEASE '1.0  'THE BOARD 

i  AIIDITIONAL  EXHIBITS SIIRMIT'I'ED AT 'I'IMF  OF 

I  TAPE RECORDING O F  PERSONAL APPEARANCI:  IIEARING 

PERSONAL APPEARANCE 

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/  15 Mar 2007 

I  FD-2006-00382 

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Case heard in  Washington, D.C. 

APPLICANT'S  ISSUE AND THE BOARD'S  OECISIONAL RATIONAL  AREDISCUSSC,D ON TME ATI'ACHEDMR  FORCE DISCHAROE REVIEW BOARD DECISIONAL RATfONAI,E 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout  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. 

X - Upgrade of discharge, change of reason and authority, and change of reenlistment code are denied. 

SAFIMRBR 
550 C STREET WES I .  St IITE 40 
KANDOLPH AI'U,  I'X  78 150-4742 

SECRETARY OFTHE AIR FORCE PFRSONNEL COIINCII, 
AlK FORCE DISCHARGE HEVIEW BOAKV 
1535 COMMAND DR, EE WINC, JRD FLOOH 
ANUHEWS AFB. hlD ZUl61-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00382 

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. 

'I'he  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,  change  of  reasoil  and  authority  for  discharge,  and  change  of 
reenlistment 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. 

ISSUES: 

lssue I .   Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  1 5 and two Letters of Repri mand  for misconduct.  The misconduct included 
unprofessional conduct, operating a motor vehicle while intoxicated, and underage drinking,  The DRB 
opined that through these administrative actions, the applicant had ample opportunities to change his 
negative behavior.  The Board concluded the misconduct was a significant departure from conduct expected 
of all military members.  The characterization of thc discharge received by the applicant was found to be 
appropriate. 

lssue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documcnted by his performance reports 
and other accomplishments.  Thcy found the seriousness of the willful misconduct offset any positive aspects 
of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons 
which were the basis for this case. 

CONCLUSIONS:  The  Discharge  Rcview  Board  coilcludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requiremcnts  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 SRA) (HGH SRA) 

MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Shaw AFB, SC on 24 Aug 
06 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Dec 84.  Enlmt Age: 18 0/12.  Disch Age: 21 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-80,  E-91,  G-83,  M-85. PAFSC: 2F051 -  Fuels Journeyman. 
DAS: 6 Jan 06. 

b.  Prior Sv:  (1) AFReS 6 Jan 03 -  14 Jul 03  ( 6  months 9 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 15 JuL 03 for 6 yrs. Svd: 03 Yrs 01 Mo.10 Das, all AMS. 

b.  Grade status:  SrA -  24 Feb 06 
A1C -  29 A u ~  03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 24 Jul 05, Kunsan AB, Republic of Korea -  Article 92. 

You, who knew or should have known of your duties, on or 
about 9 Jul 05, 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.  Suspended 
reduction to Airman.  Thirty days extra duty, and 
restriction to the Limits of Kunsan Air Base, Republic 
of Korea for 30 days.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 12 JUL 06 -  Operating a motor vehicle while 

LOR, 07 SEP 04 -  Unprofessional conduct.  (Document missing 

intoxicated.  (Document missing from 
file) . 

from file) . 

f.  CM:  None. 

g.  Record of SV: 15 Jul 03 -  30 Jan 05  Kunsan AB  5  (HAF Dir) 

31 Jan 05 -  01 Dec 05  Kunsan AB  4  (CRO) 

h.  Awards &  Decs:  AFGCM, NDSM, GWOTSM, KDSM, AFOSSTR, SAEMR, AFTR. 

i.  Stmt of Sv:  TMS: (03) Yrs  (07) Mos  (19) Das 
TAMS:  (03) Yrs  (01) Mos  (10) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Sep 06. 

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

Discharge) 

Issue 1:  All infractions stated in discharge were personal issues.  I 

served my country to the best of my ability.  I was a good airman. 

Issue 2:  Others have been punished for the same infractions many times and 

have not been discharged; let alone less than honorably discharged. 

Issue 3:  I am considering returning to the service under a different 

branch; but am having issues because of my type of discharge.  I no longer 
consume alcohol and want to serve my country.  Thank you for your time. 

ATCH 
1. Two Character References. 
2. Five Letters of Appreciation. 
3. Certificate of Appreciation. 
4. Certificate of Recognition. 
5. Two Training Certificates. 
6. Letter of Evaluation. 

DEPARTMENT OF THE AIR FORCE 

2OTH FIGHTER WING (ACC) 

SHAW AIR FORCE BASE SOUTH CAROLINA 

FROM: 20 LRSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions. The authority for this action is AFPD 36-32 and AJ?I 36-3208, Chapter 5, Section 
H, Paragraph 5.49.  If your discharge is approved, yoy service will be characterized as 
honorable or under honorable conditions (general).  I am recommending that your service be 
characterized as under honorable conditions (general). 

2.  My reason for this action is: 

a.  On or about 3 Sep 04, you conducted yourself in an unprofessional manner by using 
disparaging terms towards other members in your unit.  For this rniscofiduct you received a 
LOR, dated 7 Sep 04. 

b.  On or about 9 Jul05, you willfully failed to refrain from consuming alcoholic beverages 

while under the age of twenty-one.  For this misconduct you received an Article 15, dated 24 
JulO5. 

c.  On or about 9 May 06, you operated a motor vehicle while intoxicated. Fox this 

misconduct you received a LOR, dated 12 Jul06. 

3.  Copies of the documents to support this recommendation are attached and will be forwarded 
to the separation authority.  The separation authority will make the &dings  and 
recommendations required under 10 U.S.C. 2005(g) regarding recoupment of education 
assistance funds, if applicable.  The commander exercising special court-martial jurisdiction or 
a higher authority will decide whether 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 and any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

4.  You have the right to consult counsel.  Militarylegal counsel has been obtained to assist 
you.  I have made an appointment for you to consult Captain; -- -- - -- ---_ -- ---: Area Defense 
Counsel, 895-9530, 32 1 Cullen Street, at M,*PO hours on -2006. 
civilian counsel at your own expense. 

I - - - - - - - - - - - - - - - - - -  

You may consult 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  IS00  hours on 
2006 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

\ 0 

Global Power for America 

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 the 20th Medical 
Group, Primary Care Clinic at #-'/r hours on  1 7 Her+ 
additional examination will be scheduled if necessary. 

2006 and an 

8,  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 in the unit orderly room. 

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

Attachments: 
1.  Supporting Documents 
a LOR, dated 7 S q ,  05 
b.  Article 15, dated 24 Jul05 
c. LOR, dated 12 Jul06 

2. Receipt of Notification Memorandum