NAME OF SERVICE MEMBER (LAST, FIRS'I' Mll)l)l,li  INITIAL) 

GRADE 

AbSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  KECORD 

MEMBER SITTING 

N 

VOTE OF THE BOARD 

I  UOTHL' 

. . 

. .  . 

1  OTl1i-~K 

. .. 

. .. 

- -. 

IItNY 

ISSIIFS 

A93.19 

I 

INDEX NUMBER 

A67.10 

1  CASE NUMBER 

1 
2 
3 
4 

I 

1 
I 

I 
I 

I 

I 

I 

EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING  l'l l b  HOARD 
APPLIC,YI'ION  IOK REVIEW OF DISCHARGE 
- 
LETTER (IF NOTIFICATION - 
I3KII:t  Oi- I'I+.RSONNEL FILE 
COUNSEL'S  RELEASE T O  '1'1 IF.  HOARD 
ADDITIONAL EX1 IIHI'I'S SUBMITTED AT TIME C)l; 
PERSONAL APPEARANCE 

'I'AI'E  RECOKDING  OF PERSONAI. Al'l't:iKANC'E  HI: 

1 

Advise applicant of the decision o r  the Board, thc right to a personal appearance with/without counsel, and the 
right to submit an application to the AFBCMR. 

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

-.-..-..-..-..-....--------------- 
1 c 

& - - - - - - - - - -  

------------- 

I 

SAFIMRUR 
550 C STREET WEST, SUII'I: 40 
RAN1)Ol.f'H  AFB, TX 781 50-4742 

AIH FORCE IIISCl4ARC.E  REVIEW BOARD 
1535 C'OMMANI)  I)H,  ICE WINC.,JRD  FLOOR 
ANIIHEWS AFH, M D  20162-7002 

I 

AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

Previous edition will be used 

....  .J 

AIR FORCE DISCHARGE REVTEW BOARD DECTSJONAL RATIONALE 

CASE NUMBER 

FD-2006-00404 

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 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  reason  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. 

ISSUE: 

Issue  1.  Although not explicitly stated, applicant contends his discharge was inequitable because it was too 
harsh.  He admits he had an alcohol problem and that is when he would get into trouble.  He states that he 
has been sober for over three years and has expressed a desire for upgrade of his discharge to allow for 
reenlistment into the armed forces.  The records indicated the applicant received two Article 15s, two Letters 
of Reprimand, and a Letter of Counseling for misconduct.  His first Article  15 was for possession of beer 
while under the age of twenty-one.  He received a suspended reduction in grade to Airman, forfeiture of pay 
for two months, restriction to base for 30 days, and 30 days extra duty.  His second Article 15 was for 
remaining outside the limits of Osan Air Base and for being drunk and disorderly.  He was punished with a 
reduction in grade to Airman Basic (reduction below Airman First Class was suspended), restriction to base 
for 45 days, restriction from clubs for 45 days, and 45 days of extra duty.  His records indicate he had 
additional misconduct and was administratively disciplined for unauthorized  use of his government travel 
card, failure to obey a lawful order and financial irresponsibility.  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 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 DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on June 7, 
1999, that he understood he must receive an Honorable discharge to receive future educational entitlements. 
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 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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Ellsworth AFB, SD on 29 
Mar 03 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code and Reason for 
Discharge. 
2 .  BACKGROUND : 

a. DOB: 16 Feb 80.  Enlmt Age: 19  3/12.  Disch Age: 23 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-65,  E-45,  G-36,  M-76. PAFSC: 2A654 - Aircraft Fuel Systems 
Journeyman. DAS: 21 Feb 02. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 26 May 99 for 6 yrs. Svd: 03 Yrs 10 Mo 04 Das, all AMS. 

b.  Grade Status:  A1C -  18 Feb 03  (Article 15, 18 Feb 03) 

SrA -  26 Sep 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 18 Feb 03, Osan AB, Korea -  Article 92.  You did, at or 
near Songtan Entertainment District, Republic of Korea, 
on or about 27 Jan 03, violate a lawful general order, 
to wit: USKF Regulation 190-2, Appendix B, paragraph B -  
5c(l), by wrongfully remaining outside the limits of 
Osan Air Base, Republic of Korea, after 2400 hours. 
Article 134.  You were, at or near Songtan Entertainment 
District, Republic of Korea, on or about 27 Jan 03, 
drunk and disorderly, which conduct was of a nature to 
bring discredit upon the armed forces.  Reduction to AB 
(reduction below A1C suspended).  Restriction to Osan 
Air Base, Republic of Korea for 45 days.  Restriction 
from both the Challenger and Mustang Enlisted Clubs and 
all hooches on Osan Air Base, Republic of Korea for 45 
days and 45 days extra duty.  (No appeal) (No mitigation) 

( 2 )   25 Apr 00, Shaw AFB, SC -  Article 134.  You did, at 

Shaw AFB, South Carolina, an area of exclusive federal 
jurisdiction, on or about 8 Apr 00, unlawfully possess 
beer while under the age of twenty-one years, in 
violation of South Carolina Code Annotated Section 20-7- 
8920, as made applicable to military members pursuant to 
the Federal Assimilative Crimes Act, Title 18 United 

S t a t e s   Code, Section 13.  Suspended reduction t o  Airman. 
Forfeiture of $280.00 pay per month for two months. 
Restriction to Shaw AFB, South Carolina for 30 days, and 
30 days extra duty.  (No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 06 DEC 02 -  Unauthorized use of government travel 

CR, 08 NOV 02 -  Pattern of Misconduct. 
LOR/UIF, 08 NOV 02 -  Failure to obey a lawful order given 

card. 

LOC/UIF, 31 JUL  02 -  Financial irresponsibility. 

by Security Forces. 

f.  CM:  None. 

g.  Record of SV: 26 May 99 -  25 Jan 01  Shaw AFB  4  (Initial) 

26 Jan 01 -  25 Jan 02  Shaw AFB  5  (Annual) 
26 Jan 02 -  04 Nov 02  Osan AB  2  (CR0)REF 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (10) Mos  (04) Das 
TAMS: (03) Yrs  (10) Mos  (04) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 11 Sep  06. 

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

Discharge. ) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 

1 

I 

APPLICATION FOR THE  REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED  FORCES OF THE UNITED STATES 

(Pleese  reed instructions on Pages 3 and 4 BEFORE completing this epp1ication.J 

Form Approved 
OM8 NO. 0704-0004 
Expires Aug 31, 2006 

rho public raponlng burden tw h i s  calkcllon of  h f m a t l o n  b erthnatdd to avsrrpa 30 rnlnutea pvr reuponre, hcludlng ths h e  for  reviewkg Instructions. starchbg exhthg data sourcas 
gathering md maiNahinp the datn nsded,  md uImplalng and rsviewlng the collactinn of hformntion.  Send commonb rsgardlng mir burdan arthate or  my a h r  u p u t  of mI8 collnetbr 
of hformatbn, haludlnm lupgartbnr fm raduchp th.  burden, to Department of  Detsnrs, Wwhingtm Headquartsra Sswker.  Dlrrtmnta for Infown.tbn  Operatha md Rapom 107DC00041. 
1215 Jeffataan Dawb lflphway. Sulto 12W, Alllngtm,  VA  22202.4302.  R~pondcnls rhould bo .warm 
that notwlth~tandhg any othw provldon of  law.  no parson . h a l  k subject to an) 
m e k v  fw fallha to comDlv with a collactlon of hforrn~t~an 1 il dosa not dlrnlav n cunmllY vdld OM0 control numbsf. 
~ E A $ E  DO N&  RETURN YOUR  FORM TO M E  ABOVE ADbRESS.  RETURN COMPLETED FORM TO THE APPROPRIATE ADOREGS ON BACK OF THIS PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C. 1553; E.O.  9397. 
PRINCIPAL PURPOSE(S):  To a p p l y  for a c h a n g e  in t h e  characterization or reason for m l l i t a r y  discharge issued to an individual. 
ROUTINE USEIS):  None. 
DISCLOSURE:  Voluntary;  however,  failure ro p r o v i d e  i d e n t i f y i n g  information m a y  impede processing of t h i s  application.  The request tor 
Social Security Number is strictly t o  assure proper identification of the individual and appropriate records. 
1.  APPLICANT DATA  fThe oersonwhose discheroe Is to be reviewed].  PLEASE PRINT OR TYPE INFORMATION. 
I.  BRANCH OF SERVICE IX one)  I 
b.  HOME Uast.fl#.  M d d k l ~ i r M - .  ................ 

(  COAST GUARD 
d; - SgzAk-$&YB!p- fluyER. - - 

I MARINE CORPS 

c.  GRADEIRANK AT DISCHARGE 

(  ARMY  I 

1  NAW 

AIR  FORCE 

( 

- -   - 

(YYWMMDOI (If data is more than  16 years 
ago, submit a DD Form  1491 

C ,   - - _  , . . ~- 

3.  UNIT AND LOCATION AT DISCHARGE 

-  ~- 

OR  SEPARATION 

5jmxs  oswno  K O W ~  

CoNDrrloNs 

GENERALNUDER  ~ O ~ ~ R A B L E  
UNDER OTHER  THAN HONORABLE CONDITIONS 
BAD CONDUCT ISpsclal court-mania1 only1 
UNCHARACTERIZED 
OTHER  IExp/ulnl 

I 

r 

CHANGE TO  HONORA 
1  CHANGE  TO GI 

BLE 

~ V ~ U ~ L . O L E  
CHANGE TO  UNCHl 
/Not applicable far Air, 
CHANGE NARRATIVE 1 
SEPARATMYN TO: 

6.  ISSUES:  WHY AN UPGRADE OR CHANGE IS REDVESTED AND JUSTIFICATION FOR THE REQUEST IConthue h Item 14.  See krptmct/ons on 

7. (X if applic8bleJ AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYWMMDDA 

AND f H I S  FORM IS SUBMlffED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR  EVIDENCE. 

,# 

8.  IN SUPPORT OF THIS APPLICATION.  THE FOLLOklNQ ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: Icontlnu.  k earn  17. 
Jo  a r m  5 cl?  bark 
i h~ u-t  p ~ p ~  

fmr)  my  - t r e ~ t p d  IM  Rprrr;cr 

If mi7Itary documents or medical records am mhvant m your case, ptease smd copias.) 

~ 1 9 ~ 1  

r5 
O f  Caccfiry. 

'"4 

9.  TYPE OF REVIEW REQUESTED (X onel 

- 

SUBMITTED BY ME.  I ANDIOR I c a u w e h p r e s e n t t  WILL NOT APPEAR BEFORE THE BOARD. 
I I AND/OR Icouns~m~ro~ontatIveI WISH TO APPEAR AT A HEARIN9 AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON, D.C. METROPOUTAN AREA. 
1 AND/OR IcounseUmpmsanhtlve) WISH TO APPEAR AT A HEARlNd AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
(NOTE:  The Navy Dlsehstg# Rmvlew Board dws not haw a tnvdlng pond.) 
lcntor city and stateJ 
ADDRESS  I I.  TELEPHONE  MUMBER  IIIICMU  A ~ E  CWOI 

lo.l.~~ 
I 
/vA 

L E-MAIL 
R 

{See hun  10 of the lnst~ctlons shut~wms~mpmentatlve.1 

I 

11,  APPLICAMT MUST S I G ~  IN ITEM 13.a. BELOW.  If the record &I  quertion I8 that of a ~ N W I

or Incompetent pemon, LEGAL PROOF OF 

 

DEATH OR INCOMPETENCY MUST ACCOMPANY f HE APPLICATION.  If the applkmtlon b d g n d  by other than the applfcmt, Indlcae 
t h e  name Iprlntl 
SPOUSE 

and relationship by marking a box below. 
LEQAL REPRESENTATIVE 

NEXT OF KIN 

WIDOWER 

WIDOW 

12.a.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 

----- .--..,Y-4'--- 

fany chsflgs io 

' 

I 

I 

....n-.-......-.-.-u( 

CERTIFICATION.  I make the foregoing staternritd,  mas  part of my clalrn,  with full knowledge of the 
pennltlsr Involved for willfully making a fdse natement or claim.  (U.S.  Code,  Title 18, Sections 2 8 7  
and  1001. provide that en individual shali b e  fined under this title or imprisoned not more than 6 years, 
or both.) 

- - 

I 

DD FORM 293, AUG 2003 

PREVIOUS EDITIONS ARE OBSOLETE. 

CASE NUMBER 

(Do not  write in this space.) 

I 

I 

Page 1 of 4 Pages 

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1 

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*  @m&-rrov'd.f 

DEPARTMENT OF THE AIR FORCE 

51st Maintenance Squadron 

UNIT 2069 

APO AP 96278-2069 

0 7  M 2IU 

MEMORANDUM FOR A 1 c;. . . -. . -. . -. -. . - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - ----., 

: 51 MXS 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

FROM: 51 MXSICC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force based upon Minor 
Disciplinary Infractions.  The authority for this action is AFPD 36-32, Military Retirements and 
Separations, and AFI 36-3208, Administrative Separation of  Airmen, Chapter 5, Section 8, 
paragraph 5,49.  If my recommendation is approved, then your service will be characterized as 
Honorable or General (Under Honorable conditions).  I am recommending that you receive a 
General Discharge. 

2.  My reasons for this discharge action are as follows: 

a.  On or about 8 Apr 00, you unlawfully possessed beer while under the age of twenty-one 
years, in violation of South Carolina Code Annotated Section 20-7-8920, as made applicable to 
military members pursuant to the Federal Assimilative Crimes Act, Title 18 United States Code, 
Section 13.  For this misconduct you received an Article 15, dated 25 Apr 00, and an 
Unfavorable Lnformation file (LTIF) was established.  (Atch la) 

b.  On or about 29 Jul02, you dishonorably failed to pay your debt on your Military STAR 

account in the amount of $83.00. For this misconduct you received a Letter of Counseling 
(LOC), dated 3 1 Jul02.  (Atch lb) 

c.  On or about 30 Aug 02, you failed to obey a direct order rendered to you by. Security 

Forces Town Patrol to return immediately to Osan Air Base, Republic of Korea,  For this 
misconduct you received a Letter of Reprimand (LOR), dated 8 Nov 02.  For the misconduct in 
paragraphs %" and "c"  you were also placed on the Control Roster, and a U13i was established 
on 13 Nov 02.  (Atch lc) 

d.  On or about 24 Aug 02, you were derelict in the performance of your duties by making an 

unauthorized cash withdrawal of $200.00 from your Government Travel Card.  For this 
misconduct you received a LOR, dated 6 Dec 02, and it was placed in your UIF on 
13 Dec 02.  (Atch Id) 

e.  On or about 27 Jan 03, you violated a lawful general -order, USFK Regulation 190-2, 

Appendix B, paragraph B-5c(l), by wrongfully remaining outside the limits of Osan Air Base, 
Republic of Korea, after 2400 hours.  Furthermore, oh or about 27 Jan 03, you were drunk and 
disorderly.  For this misconduct you received an Article 15, dated 18 Feb 03, and it was placed in 
your UIF.  (Atch 1 e) 

3. Copies of the document to be forwarded to the separation authority in support of this 
recommendation are attached. 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.  Any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

4.  You have the right to consult legal counsel.  Military legal counsel is available to assist you. 
You may consult the Area Defense Counsel (Bldg 937, Rm 101) at 784-6774.  You may consult 
civilian counsel at your own expense, 

5.  You have the right to submit statements in your own behalf.  Any statements that you want 
the separation authority to consider must reach me by  1045  hours on  12  MAR 03(three 
workdays) unless you request and receive an extension for good cause.  I will forward any such 
statements to the separation authority. 

6. If you fail to consult or submit statements in your own behalf, then your failure will constitute 
a waiver of your tight to do so. 

7.  You have been scheduled for a medical examination.  You must report to the hospital at 

1045 

hourson  11 MAR V-3,  PRIAMRY. CARE  CLINIC. 

8. The Privacy Act of 1974 covers any personal information you fUmish in rebuttal.  A copy of 
AFI 36-3208 is available at the Orderly Room. 

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

Attachments: 
1.  Supporting documents 

a.  Article 15, dated 25 Apr 00 
b.  LOC, dated 31 Jul02 
c.  LOR, dated 8 Nov 02, with Response, and AF Fonn 1058, dated 13 Nov 02 
d.  LOR, dated 6 Dec 02, with Response, and AJ? Form 1058, dated 13 Dec 02 
e.  Article 15, dated 18 Feb 03, with Response 

2.  Aiman's Acknowledgment