I 
I  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

I  GRADE 

I  AFSNISSAN 

'-..-.-..-..-..-..-----I 
.I'YPC  GEN 

IX 
i
NAME h COUNSEL AND OR O W A N I L A T I O N  

 

"

1 

I 

PERSONAL APPEARANCE 

I 

I 

I 

I 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COLINSEL 

-i 

4 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

ISSUES 

A93.02 
A94.05 
A93.30 

INDEX NUMBER 

A67.90 

1  CASE NllMBER 

1 
2 
3 
4 

EXHIBIT$ SUBMITTED TO TliE BOARD 

ORDER APPOIN'I'ING  '1'1 IF. HOAKD 
APPLICATION FOR REVIEW OF DISC1 IARCiE 
I.ETTER  OF NOTIFICATION 
BRIEF OF PERSONNKI.  F1I.F. 
COUNSEI.'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBM17I'ED A I 
PERSONAL APPCARANC'F 

I  IMF OF 

I  TAPE RECORDING 01'  PI:RS()NAI.  APPEARANCE HE 

1  Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 
1  Names and votes will be made available to the applicant at the applicant's request. 

* CHANGE RE CODE 
+ CHANGE REASON AND AUTHORITY TO SECREr1'AK1AL AUTHORITY 

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

.-----------.----.-----*---------------a*------------------ 

n  A' 

. . . - , . . - . . .. 
h A I ' I M K t 5 K  
550 C S I KEET WEST, SIJITE 40 
RANDOLPH AFB, TX 78150-4742 

1 0 :  

1 

AFHQ FORM 0-2077, JAN 00 

I  ' " Y ' l "  

SEC'HCIAHY OF T l l E A I R  FORCE PEHSUNNEI. COllNClL 
.AIR ~ O H C ' E  DISCIIARCE  RE\ [ E n  BOAHI) 
1535 CO\lM4hIJ DR,EE HIhC;,JRD tLOOH 
ANUUF\IS AFB, \ID  20762-1002 

I 

(EF-V2) 

Previous edition will be used 

1 
I 

I 

I 

I 

I 

J 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00423 

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 appeared and testified before the Discharge Review Board (DRB), without counsel, at 
Andrews AFB on June 5,2007. 

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

FINDINGS:  The Board grants partial relief.  Upgrade of discharge to honorable is granted.  Request for 
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 applicant substantiates an 
impropriety that would justify  a change of discharge.  However, based upon the record and evidence 
provided by applicant, the Board finds the applicant's character of discharge is inequitable. 

ISSUE: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
He admits that he was young and immature and has expressed a desire for upgrade of his discharge so that hc 
may qualify for reenlistment into the armed forces.  The records indicated the applicant received an Article 
15, a Vacation, three Letters of Reprimand, and two Letters of Counseling for misconduct.  The applicant 
received an Article  15 for failure to refrain from using alcoholic beverages while under the age of 2 1.  He 
was punished with a reduction in grade to Airman Basic (reduction below Airman was suspended) and 
restriction to Malmstrom AFB for 45 days.  The Vacation action was for breaking restriction at Malmstrom 
AFB.  He was reduced in grade to Airman Basic.  The applicant had additional misconduct and was 
administratively disciplined for being late for work, failure to go, reporting to work hung over and smelling 
of alcohol, derelictioil of duty, and a civilian arrest for driving under the influence of alcohol.  The DRB did 
not condone the applicant's misconduct.  However, after complete consideration of the information 
submitted by the applicant, the applicant's  compelling personal testimony, and information contained in the 
record, the Board concludcd that there was sufficient mitigation and extenuation to substantiate upgrade of 
his dischargc to honorable.  The Board did not however agree to change the reason and authority for 
discharge or the applicant's reenlistment code. 

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. 

However, in view of the foregoing findings, the Board further concludes that the overall quality of 
applicant's  service is iiiore accurately reflected by an Honorable discharge. Therefore, the applicant's 
characterization should be changed to llonorable under the provisions of Title 10, USC 1 553. 

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 recld a GEN Disch fr USAF Malmstrom AFB, MT on 19 
Sep 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 RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 14 May 82.  Enlmt Age: 19 5/12.  Disch Age: 21 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-71,  E-60,  G-62,  M-55. PAFSC: 2M032 -  Missile and Space Systems 
Maintenance Apprentice. DAS: 25 Jul 02. 

b.  Prior Sv: (1) AFRes 9 Nov 01 -  18 Dec  01 (1 month 10 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Dec 01 for 6 yrs. Svd: 01 Yrs 09 Mo 01 Das, all AMS. 

b.  Grade Status:  AB -  14 Feb 03  (vacation, 27 Mar 03) 

A m  -  14 Feb 03  (Article 15, 14 Feb 0 3 )  
A1C  -  26 J u ~  02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 28 Mar 03, Vacation, Malmstrom AFB, MT -  Article 134. 
You, having been restricted to the limits of Malmstrom 
AFB, Montana, by a person authorized to do so, did, at 
or near Great Falls, Montana, on or about 16 Mar 03, 
break said restriction.  Reduction to AB.  (No appeal) 
(No mitigation) 

(2) 14 Feb 03, Malmstrom AFB, MT -  Article 92.  You, who 

knew or should have known of your duties, on or about 19 
Jan 03, were derelict in the performance of those duties 
in that you willfully failed to refrain from possessing 
alcoholic beverages while under the age of 21 years, as 
it was your duty to do.  Reduction to AB  (reduction 
below Airman suspended).  Restriction to Malmstrom AFB, 
Montana for 45 days.  (No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 25 AUG 03 -  Civil arrest for DUI and failing to 

LOR/UIF, 25 AUG 03 -  Dereliction of duty. 
LOR/UIF, 20 DEC 02 -  Reporting to work hung over and 

have proof of insurance. 

smelling of alcohol.  He was found 
unfit for duty. 

LOC, 21 OCT 02 -  Failed to go. 
LOCI 26 SEP 02 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS: (01) Yrs  (10) Mos  (11) Das 
TAMS: (01) Yrs  (09) Mos  (01) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 24 Oct:  06. 

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

Discharge) 

Issue 1:  I am requesting a change in reason of discharge because I feel 

that though my Military Personnel File does not show it, I was very good at my 
job.  My time serving in the Air Force was shortened due to lapses in judgement 
(sic) on my own part.  I did, however, contribute many hours of community 
service, and participation in base exercises.  I have a strong sense of pride 
and love for our country, and if given the chance, would like an opportunity to 
serve in the Armed Forces like I should have the first time. 

ATCH 
None. 

HEADQUARTERS 341ST SPACE WING (AFSPC) 

(Date) 
MEMOI2LlNDUM FOR ~ L - W E L A P :  AB: .---------------------- 

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

8#43 

3 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for 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 that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 26 Sep 02, you were late for work.  You were late for work on several diffewnt 
occasions.  For this misconduct you received a letter of counseling (LOC) dated 26 Sep 02. 

b.  On 20 Oct 02, you failed to report for duty as directed.  For this misconduct, you received 

an LOC dated 21 Oct 02. 

c.  On 1 1 Dec 02, you showed up for work hung over and smelling like alcohol.  Your mental 

and physical state was deemed ysatisfactory and unfit by your team chief and shop trainers 
resulting in the termination of scheduled training.  For this misconduct, you received a letter of 
reprimand (LOR) date 20 Dec 02 aad an unfavorable information file was established. 

d.  On or about 19 Jan 03, you were derelict in the performance of duties in that you willfully 

failed to refrain from possessing alcoholic beverages while under the age of 2 1 years.  For this 
misconduct, you received an Article 15 dated 13 Feb 03 with the following punishment: 
reduction to the rank of airman basic effective 14 Feb 03 with reduction below airman suspension 
until 13 Aug 03, and restriction to base for 45 days. 

e.  On or about 16 Mar 03, you broke your restriction to base.  For this action, the suspended 
punishment of the Article 15 was vacated and you received the following punishment:  reduction 
to airman basic effective 14 Feb 03. 

f.  On 15 Aug, you were arrested and detained downtown for driving while under the influence 

o f  alcohol and failing to have proof of insurance while operating a motor vehicle. You were 
convicted of driving under the influence, which you pled guilty.  You were sentenced to  10 days 
suspended confinement and fined $360. For this misconduct, your driving privileges were 
suspended until further notice and you received an LOR dated 25 Aug 03. 

FOR OFFICIAL USE ONLY 

Guardians ofthe'High Frontier 

g.  On 20 Aug 03, you were assigned to the Central Donn Management Office as a bay 

orderly.  Upon arrival, you were explained the rules and requirements associated with this tasking. 
You had to sign a letter with these same rules spelled out.  That same day, you were caught 
nurnmus times taking breaks in the day room and on one occasion taking a nap.  You were 
escorted to the MMXS first sergeant, where you were counseled on your behavior.  On 22 Aug 
03, you were found sleeping in the storage closet of dorm 764.  For these incidents, you received 
an LOR dated 25 Aug 03. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special court-~artial jkisdiction 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,  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult the Area Defense Counsel, ~4723,7015 Goddard 
Drive, Bldg 145, Room 144 on  3 9f 4 3  at 
/3 3 O  . You may consult civilian 

counsel at your own expense. 

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 COB  lf 5 e ~ f  8 3  (3 duty days) unless 
you request and receive an extension for good cause shown.  I bill send all submitted statements 
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 the 341st Medical 
Group Force Health Management Section, ~4405, at  0 2 4  0  hours on  9+*lf  P 3  for 
the examination.  You MUST be in uniform for this appointment.  If you wear glasses, you must 
also bring them to this appointment. 

8.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974, A 
copy of AFI 36-3208, Administrative Separation ofAirmen, is available for your use at your 
orderly room. 

FOR OFFICIAL USE ONLY 

9.  Execute the attached acknowledgement and return it to meimmediately. 

Squadron 

.-- ---------------------------------------------------------. 
&tinder, 

341 st Missile Maintenance 

Attachments: 
1.  Supporting documents: 

a.  UIF Summary 
b. LOC dated 26 Sep 02 
c. LOC dated 21 Oct 02 
d. LOR dated 20 Dec 02/UIF date 2 1 Jan 03 
e. Article 15 dated 13 Feb 03 
f.  Vacation of Suspension dated 27 Mar 03 
g. LOR dated 25 Aug 03 
h.  LOR dated 25 Aug 03 
i.  Documents in Attachment 6 

2.  Airman's Receipt of Notification Memorandum 

FOR OFFTCIAL USE ONLY