iAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
1 GRADE
1 AIC
1 AFSNISSAN
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NAME OF COUNSEL AND OR ORGANIZATION
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MEMBER SITTING
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VOTE OE %HE BOARD
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SSUES
A93.01
INDEX NUMBER
A67.10
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E~HI$%?S SUBMITTED TO THE BQ~$@
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I ORDER APPOINTING THE BOARD
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1 AI'PLICATION FOR E V I E W OF 1)ISCHARGE
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3 1 LETTER OF NOTIFICATION
1 BRIEF OF PERSONNEI. FILE
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COUNSEL'S E L E A S E 'I'O THE BOARD
ADDITIONAL EXIITRITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
I TAPE RECORDWG OF PERSONAI. AI'PEARANCE HE
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HEARING DATE
CASE NUMBER
10 May 2007
APPU@NT'S ISSU$ m.u$re HOM'S ~ ~ c i s ~ o l s u
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FD-2006-00468
RATIONAL ARK DIS(XSS8D ON THE ATTACHED AIR FORCE DISCHAROE RWIEW B0.W DECISIONAL RATIONALE
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h e heard in Washington, D.C.
4dvise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an
lpplication to the AFBCMR.
qames and votes will be made available to the applicant at the applicant's request.
I'O:
SAFIMRBR
550 C S T E E T WEST, SUITE 40
KANDOLPH AFU, .rx 781 50-4742
AFHQ FORM 0-2077, JAN 00
I FROM
1
SECRLT.\RY OF THE AIR kORCE PERSONNEL COLI>C.IL
AIR FORCE DISCHARGL R t l I t \ $ R 0 9 R D
1535 COMMAND DR, EE WING,3RD PI.OOR
N D R E W S AFB, MD 20762.7002
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(EF-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NllMRER
FD-2006-00468
GENERAL: The applicant appeals for upgrade of discharge to honorable.
The applicant was offered a personal appearance bcfore 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 is denied.
The Board finds that neither the cvidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUE:
The applicant realized his actions while in the ~nilitary were unacceptable and requested that the review be
completed based on the available service record. He admits that he was young and madc mistakes. 'The
Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to
base an upgrade of discharge. The records indicated the applicant received an Article 15, a Letter of
Reprimand, and three Memorandums Sor misconduct. The applicant received an Article 15 for failing to
rcfrain from using alcoholic beverages while under [he age of twenty-one. He was punished with a
suspended reduction in grade to Airman, suspended forfeiture of pay, and forty-five days of extra duly. The
applicant had additional misconduct and was adnlinistratively disciplined for failure to show on thrcc
separate occasions for Primary Care appointments and found guilty by civilian authorities for falsifying his
identification and illegal consumption. 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.
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 Soregoing 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 A1C)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF Minot AFB, ND on 28 Sep
99 UP AFI 36-3208, para 5.49 (Misconduct - Minor Disciplinary Infractions).
Appeals for Honorable Discharge.
2 . BACKGROUND:
a. DOB: 11 Jun 79. Enlmt Age: 18 1/12. Disch Age: 20 3/12. Educ: HS DIPL.
AFQT: N/A. A-85, E-48, G-36, M-17. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 20 Mar 98.
b. Prior Sv: (1) AFRes 17 Jul 97 - 21 Oct 97 (3 months 5 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 22 Oct 97 for 4 yrs. Svd: 01 Yrs 11 Mo 07 Das, all A M S .
b. Grade Status: A1C - 22 Feb 99
A m - 22 Apr 98
c. Time Lost: None.
d. Art 15's: (1) 19 Aug 99, Minot AFB, ND - Article 92. You, who knew
of your duty, on or about 19 JuL 99, were derelict in
the performance of that duty in that you willfully
failed to refrain from using alcoholic beverages while
under the age of,twenty-one years of age, as it was your
duty to do. Suspended reduction to Airman. Suspended
forfeiture of $200.00 pay. Forty five days extra duty.
(No appeal) (No mitigation)
e . Additional: MEMO, 16 FEB 99 - No show for Primary Care appointment.
MEMO, 05 FEB 99 - No show for Primary Care appointment.
MEMO, 04 FEB 99 - No show for Primary Care appointment.
LOR/UIF, 03 FEB 99 - Pled guilty and was found guilty in
Civil Court of Falsifying
Identification and Illegal
Consumption, which are class B
Misdemeanors.
f. CM: None.
g. Record of SV: 22 Oct 97 - 21 Jun 99 Minot AFB 3 (Initial)
h. Awards & Decs: AFTR.
i. Stmt of Sv: TMS: (02) Yrs ( 0 2 ) Mos (12) Das
TAMS: (01) Yrs (11) Mos (07) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 03 Dec 06.
(Change Discharge to Honorable)
Issue 1: I was young, on my own, had no family support, and frustrated. 1
made mistakes. But have two daughters now, and would like to better my life and
theirs.
ATCH
None.
DEPARTMENT O F THE AIR FORCE
HEADQUARTERS I T H BOMB WING (ACC)
MlNOT AIR FOPICE! BASE. NORTH DAKOTA
MEMORANDUM FOR ~1 C;
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-----------------------------------------------------.
i, 742 MS
FROM: 742 MSICC
SUBJECT: Letter of Notification - AFI 36-3208, Paragraph 5.49.
1. I am recommending your discharge from the United States Air Force for misconduct,
specifically, minor disciplinary infractions. The authority for this action is AFI 36-3208,
Section H, paragraph 5.49. 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 or about 14 Dec 98, following a guilty plea, you were convicted by Ward
County Municipal Court for underage possession of alcohol and false identification in a bar
or misrepresentation of your age. You were sentenced to 3 days (3 days suspended on
good behavior) and fined $275.00. On 3 Feb 99 you were given a Letter of Reprimand
and an Unfavorable lnformation File was established. (Atch 3-6)
b. On or about 4 Feb 99, you failed to go at the time prescribed to your appointed
place of duty, a scheduled medical appointment in the Wolves clinic. (Atch 7)
c. On or about 5 Feb 99, you failed to go at the time prescribed to your appointed
place of duty, a scheduled medical appointment in the Wolves clinic. (Atch 8)
d. On or about 16 Feb 99, you failed to go at the time prescribed to your appointed
place of duty, a scheduled medical appointment in the Wolves clinic. (Atch 9)
e. On or about 19 Jul99, you were given an order not to come in contact with a
specific military member. (Atch 10)
f. On or about 19 Jul99, you were derelict in the performance of your duties in that you
used alcoholic beverages while under the age of twenty-one. You were punished under
Article 15 of the UCMJ on 24 Aug 99 and an Unfavorable Information File was established.
(Atch 1 1 32)
Golden Legacy, Boundless Future.. . Your Nation 's Air Force
3. The Letter of Notification with attachments will be forwarded to the separation
authority in support of this recommendation. The Commander exercising SPCM
jurisdiction (5 BWICC) 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.
4. You have the right to consult counsel. Military legal counsel has , - been
Area
assist you. I have made an appointment for you to consult Captain;
Defense Counsel, at his ofice, 300 Summit Drive, Room 306A at oV~~--ti6urs on
s ~ Q P , 1999. You may consult civilian counsel at your own expense.
- - - - - - - - obtained
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to
5. You have the right to submit statements in your own behalf. Any statements you
hours, on 13 Sp 99
want the separation authority to consider must reach me by jaoo
1999, unless you request and receive an extension for good cause shown. I will send
them 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 5th Medical
Group Hospital, 10 Missile Avenue, Minot AFB, ND at 13 3Q hours, on $ srp
, 1999 for
the examination. You must not drink alcoholic beverages 72 hours prior to the exam.
8. The Privacy Act Statement of 1974 covers any personal information you furnish in
rebuttal. A copy of AFI 36-3208 is available for yoLlr use in the Orderly Room.
9. Sign the attached acknowledgment and the Statement of Understanding and return
them to me immediately.
........................................................
Commander, 742nd Missile Squadron
Attachments:
1. Receipt of Letter of Notification
2. Statement of Understanding
3. Letter of Reprimand, 3 Feb 99
4. AF FM 1058, Unfavorable Information File Action, 3 Feb 99
5. North Dakota Uniform Complaint and Summons, 5 Dec 98
6. North Dakota Uniform Corr~plaint and Summons, 5 Dec 98
7. "No Show" for Scheduled Hospital Appointment, 12 Feb 99
8. "No Show" for Scheduled Hospital Appointment, 12 Feb 99
25 Jul
-------- 99
9. "No Show" for Scheduled Hospital Appointment, 16 Feb 99
10. No Contact Order, 19 Jul99
(Continued on next page)
11. AF FM 3070, Record of Nonjudical Punishment Proceedings, 30 Aug 99
12. AF FM 3545, Incident Report, 19 Jul 99
13. AF FM 1 168, Statement of Witness/CompJahant, Amn 1 .-.-....-.-,,
14. AF FM 1168, Statement of Suspect, AIC;----, ------ 20 Jul 99
15. DD FM 1920, Alcoholic Influence Report, A1 G..-.-.r no date
16. AF FM 1 168, Statement of A1 C ;:::i,
: 20 Jul99
17. AF FM 1 168, Statement of Suspect, A? C1-------.
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18. DD FM 1920, Alcoholic Ir~.fluence Report,,AlC-;-----i, no date
19. AF FM 1 168, Statement of Suspect, A1 C; -------,
: 28 Jul99
20. AF FM 1 168, Statement of WitnesslCornpja-ina-ntt-Aj-C 1 -....-.-....-.-
21. AF FM 1168, Statement of Suspect, AlC: -------------- j,2!- Juj-9910217
22, AF FM 11 68, Statement of WitnessIComplainant, A1 C; ,,,,,,,,,,, :, : 21 Jul99
23. AF FM 1168, Statement of WitnesslComplainant 2b A1 Jul Ci gg--------. : 7 23 Jul99
24. AF .FM 1 168, Statement of Suspect, A1 c I------
25. DD FM 1920, Alcoholic Influence Report, AjCj,, -... j no date
26. AF FM 1 168, Statement of Suspect, A1 C : b------.r'.-.... : 20 Jul99
27. DD FM 1920, Alcoholic Influence Report, ------------
28. AF FM 1 168, Statement of Suspect, A1 Ci
29. DD FM 1920, Alcoholic Influence Report, A1 Ci .-.-....,,,m------
30. FM 106-1, lntoxilyser Test Record and Checklist, A1 C;--------i, 20 Jul 99
31. Response to Proposed Article 1 5 , l l Aug 99
32. Financial Statement, A1 C;::::::::,
A1 C :-------!, no date
i, 20 Jul99
b - . - . . , . . . . - .
------,...I.------
: no date
: no date
I - - - - - - - - - - - - : 23 Jut 99
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: 21 Jul9910015
AF | DRB | CY2003 | FD2002-0332
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD02-0332 GENERAL: The applicant appeals for upgrade of discharge to Honorable, to change the Reason and Authority for discharge, and to change the RE Code. i should be discharged. AF FM 1 168, Statement of Witness/Complainant, Amn \ - - - - - - -.
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AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATIONALE CASE NlJMBER FD-2006-00303 GENERAL: The applicant appeals for upgrade of discharge to honorable. However, based upon the record and evidence provided by applicant, the Board finds the applicant's characterization for discharge inequitable. The records indicated the applicant received an Article 15 and one Letter of Reprimand for misconduct.
AF | DRB | CY2003 | FD2002-0416
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0416 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Attachment: Examiner's Brief FD2002-0416 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD ap (Former SRA) (HGH SSGT) 1. Therefore, the facts documented in that paragraph 2 of this legal _ review show that@iiip engaged in a pattern of misconduct that is prejudicial to good order and discipline.
AF | DRB | CY2003 | FD2002-0440
REMARKS Case heard at Washington, D.C. age of Advise applicant of the decision of the Board, the right to ajfersonal appearance with/without counsel, and the right to submit an application to the AFBCMR. en, CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0440 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Attachment: Examiner's Brief FD2002-0440 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD MISSING MEDICAL...
AF | DRB | CY2006 | FD2005-00355
d. Art 15's: (1) 27 Sep 95, Minot AFB, ND - Article 92. You were given an LOR, 13 Sep 93. e. Between on or about 15 Jun 93 and on or about 25 Aug 93, you did, at or near Minot Air ; You were given Force Base, North Dakota, commit sexual harassment toward; L - - - - - - - - - - - - - - - - - - - , an LOR, 13 Sep 93. Military legal - - counsel I have made an appointment for you to consult C a p t a ~ office, 300 Summit Drive, Room 306A, a t u hours,in- counsel at your own expense.
AF | DRB | CY2003 | FD2003-00048
Attachment: Examiner's Brief FD2003-00048 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD ee (Former AB) (HGH AMN) 1. Appeals for Honorable Discharge, to Change the RE Code, Reason and Authority for Discharge. (Atch 8-9) e. On or about 12 Feb 00, you were posted on stand-by for āDā Flight security duties.
AF | DRB | CY2005 | FD2005-00259
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00259 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. However, based upon the record and evidence provided by applicant, the Board finds the applicant's discharge reason, discharge characterization and reenlistment code inequitable. Letter of Reprimand, dated 2 1 Oct 02 2.
AF | DRB | CY2006 | FD2005-00361
He also received three Letters of Reprimand for disobeying a lawful order, making a false official statement and dereliction of duty; three Letters of Counseling for sleeping on duty, financial irresponsibility and reporting late to training; a Letter of Admonishment for failure to go to appointed place of duty; and a Record of Individual Counseling for misconduct. Attachment: Examiner's Brief - DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD -----------------------. (Change...
AF | DRB | CY2006 | FD2005-00256
The records indicated the applicant received an Article 15 and four Letters of Reprimand for 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 thc discharge authority and that the applicant was provided full administrative due process. MATTERS SUBMITTED BY THE RESPONDENT: On 7 Dec 04, A1 ~ i - - - - - - - ' :was given the opportunity to...
AF | DRB | CY2007 | FD2006-00177
The records indicated the applicant received an Article 15, a Letter of Reprimand, and a Record of Individual Counseling for 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. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE...