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 
1. 
1  AI'PLICATION  FOR E V I E W  OF 1)ISCHARGE 
2 
3  1  LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEI.  FILE 
4 
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