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I  NAME O F  SERI'ICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

1  GRADE 

I  AFSNISSAN 

A94.05 

I  INDEX NUMBER 

A67.10 

HEARING  UATE 

CASE NUMBER 

24 May 2007 
~ P P L I C A W S  ISSVE AND W E  BOARD'S~ECISIONAL 

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(  ED-2007-00012 

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ORDER APPOIN I  ING THE BOARD 
APPLlCAl ION FOR REVIEW OF OISCHARGE 
LETTER OF NO'I'IFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE 1'0 TIIE BOARD 
ADDITIONAL CXHIHI I'S  SIJBMITTED AT TIME OF 
PERSONAI, APPEARANCE 

TAPE RCC0RI)ING OF PERSONAI,  APPEARANCE HE 

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RA~QNAI ARB DISCUSSED ON THE A T ~ A C H ~ D  &k %OWE DISCHARGE REVIEW B O A R D ~ E ~ I S L O N A L  KATl0NAI.E 

Case heard in Washington, D.C. 

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

Nsunes and votes will be made available to the applicant at the applicant's  request. 

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'TO: 

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

NDORSEMENT 

^ C T - . - - - . - . - - - - - - - - - - - - - - - -  

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DATE:  5/29/2007 

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COM.MA>D  DR. EE WING, JRD FLOOR 
ANDREWS AFB. MD 10762-7W2 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBER 

FD-2007-00012 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

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 is 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: 

Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant 
received two Article  15s and a Vacation for misconduct.  The applicant received his first Article  15 for 
wrongfully using provoking words and gestures.  He was punished with a suspended reduction in grade to 
Airman, restriction to Ramstein AB for 30 days, 30 days of extra duty, and a reprimand.  His second Article 
15 and the Vacation action were for possession of alcohol while under the age of twenty-one and driving 
while drunk.  He was reduced in grade to Airman Basic, restricted to Charleston AFB for 30 days and 30 
days of extra duty.  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 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 

F 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVXEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Charleston AFB, SC on 8 
Jun 06 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 
2 .  BACKGROUND : 

a. DOB: 27 Apr 85.  Enlmt Age: 18 3/12.  Disch Age: 21 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-80,  E-72,  G-78,  M-55. PAFSC: 2T231 -  Air Transportation 
Apprentice. DAS:  23 Jan 06. 

b.  Prior Sv:  (1) AFRes 22 May 03 -  22 Sep 03  (4 months 1 day) (Inactive). 

3.  SERVICE UNDER REVXEW: 

a.  Enlisted as AB 23 Sep 03 for 4 yrs. Svd: 02 Yrs 08 Mo 16 Das, all AMS 

b.  Grade Status:  aB -  10 May 06  (Article 15, 10 May 06) 

A m .   -  28 Nov 05  (Vacation to Article 15, 3.  May 06) 
ALC  -  23 Jan 05 
Amn  -  23 Mar 04 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 10 May 06, Charleston AFB, SC -  Article 92.  You, who 

knew or should have known of your duties, on or about 15 
Apr 06, were derelict in the performance of those duties 
in that you willfully failed to refrain from possessing 
alcohol while under the legal age of 21, as it was your 
duty to do.  Article 92.  You, who knew or should have 
known of your duties, on or about 15 Apr 06, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from possessing alcohol 
while under the legal age of 21, as it was your duty to 
do.  Article 111.  You, did, on or about 15 Apr 06, at 
the Rivers Gate entry to Charleston AFB, SC, physically 
control a vehicle, to wit: a passenger car, while drunk. 
Reduction to AB, restriction to the limits of Charleston 
AFB, SC, for 30 days, and 30 days extra duty. 
(No appeal) (No mitigation) 

(2) 01 May 06, Vacation, Charleston AFB, SC -  Article 92. 

You, who knew or should have known of your duties, on or 
about 15 Apr 06, were derelict in the performance of 
those duties in that you willfully failed to refrain 
from possessing alcohol while under the legal age of 21, 

as it was your duty to do.  Article 9 2 .   You, who knew 
or should have known of your duties, on or about 15 Apr 
06, were derelictin the performance of those duties in 
that you willfully failed to refrain from consuming 
alcohol while under the legal age of 21, as it was your 
duty to do.  Article 111.  You, did, on or about 15 Apr 
06, at the Rivers Gate entry to Charleston AFB, SC, 
physically control a vehicle, to wit: a passenger car, 
while drunk.  Reduction to Airman.  (No appeal) (No 
mitigation) 

(3) 28 Nov 05, Ramstein AB, Germany -  Article 117.  You, 
did, on or about 23 Aug 05, wrongfully use provoking 
words, to wit: "no blacks beyond this point" or words to 
----------------- to wit: sticking your foot in 
that effect and gestures, 
i,  U.S. Air Force.  Suspended 
front of A1C : 
reduction to Airman.  Restriction to the limits of 
Ramstein AB, Germany for 30 days, 30 days extra duty, 
and a reprimand. (No appeal)  (No mitigation) 

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

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 23  Sep 03 -  22 ~ a y  05  Ramstein AB  5  (Initial) 

23  May  05 -  11 Dec 05  Ramstein AB  3  (CRO) 

h.  Awards &  Decs :  AFTR, GWOTSM, AFSCM. 

i.  Stmt of Sv:  TMS: (03) Yrs  (00) Mos  (17) Das 
TAMS: (02) Yrs  (08) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm 293) dtd 02 Jan 07. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting a change of discharge from General/under Honorable 

Conditions to Honorable.  I received the General discharge after an Article 15 
for Minor Disciplinary Infractions .  After the Article 15 I was restricted to 
base for 30 days, received 30 days extra duty and I was reduced in rank to E-1. 
After completing this punishment I was called into the commander's office and 
received the notification of the General discharge.  I feel this was a second 
punishment and exceptionally harsh considering the charges. 

ATCH 
1. Response to Nonjudicial Punishment Proceedings. 
2. Response to Vacation Action. 
3. Letter of Support. 

MEMORANDUM FOR ABi 

............................................. 
............................................. 

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