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1  NAME OF SERVICE MEMBER (LAST, F l H S l  MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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6 1 U D E  

AMN 

X 
ADDRESS AND OR ORGANIZATION OF  COUNSEL. 

RECORD REVIEW 

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MEMBER SITTING 

V O p  OF TIIIIE BOARD 

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ORDER APPOIN I ING THE BOARD 
APPLICA I ION FOR REVIEW OF DISC1 IARGE 
1  I-TTEK OF NOTIFICATION 
BRIM OF PERSONNEL  FILE 
COUNSEL'S RELEASE  I0 'THE BOARD 
ADDITIONAI,  EXlllBITS SUBMITTED A I' 
PRRSONAL APPEARANCE 

I  IME OF 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout  counsel, and the right to submit an 
application to the AFBCMR. 

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

SAPIMRBR 
550 C STREET WEST, SIJITE 40 
RANDOLPH AFB, TX 781 50-4742 

I  FROM 

s t  c KFTAR\ or TIIC  AIR  FORCE P E R S O ~ W L  (01  W I I  
\IR  FORCE DISCHaKCL KLVlttt HOARD 
1512 CO\I\l\\D  DR. EE \ t l \ C C  IHD tLOOK 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-2007-00034 

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 Ilischarge Review Board (DRR) 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.  The records indicated the applicant received an Article  15, three Letters of Reprimand, and two 
Records of Individual Counseling for misconduct.  The applicant received an Article 15 for kicking and 
destroying the door to his residelice and for driving under the influence of alcohol.  He was punished with a 
reduction in grade to Airnlan and forfeiture of pay.  He had additional inisconduct and was administratively 
disciplined for financial irresponsibility, being late for work, missing a mental health appointment, and 
taking 30 Motrin with wine and drove a vehicle while impaired which caused an accident.  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 DRB was pleased to see that the applicant was doing well and has a good job.  I-lowever, no 
inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board 
concluded the misconduct of the applicant appropriately characterized his term of service. 

Issue 3.  The applicant stated he was told his discharge would automatically be upgraded  in  six months. 
While a discharge may be upgraded after six months, the upgrade is by no means automatic.  A discharge is 
upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of 
discharge.  In this case, none was found, so the Board denied the appeal. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent with the 
procedural and substantive requirements oS 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 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH AlC) 

C......................-.-.-....-I 
1 .   MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Wright Patterson on 28 
Oct 96 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable, to Change the RE Code and 
Change the Discharge. 

2.  BACKGROUND: 

a. DOE:  15 Aug  72.  Enlmt Age: 21 3/12.  Disch Age: 24 2/12. Educ: HS DIPL. 
AFQT: N/A.  A-43,  E-52,  G-66,  M-60. PAFSC: 2T131 -  Vehicle Operator Dispatcher 
Apprentice.  DAS: 17 Apr 95. 

b.  Prior Sv: (1) AFRes 29 Nov 93 -  05 Jan 94 (1 month 7 days)(Inactive). 

3 .  

SERVICE  UN'DER  REVIEW: 

a.  Enlisted as AB 6 Jan 94 for 4 years. Svd: 02 Yrs 09 Mo 23 Das, all AMS. 

b.  Grade Status:  Amn -  30 Sep 96  (Article 15, 30 Sep 96) 

A1C -  06 May 95 
AIWI -  06 Jul 94 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 30 Sep 96, Ramstein AB, Germany -  Article 108.  You 

did, at or near Building 1115, Apartment B-8, Ramstein 
AB, Germany, on or about 8 Sep 96, without authority, 
willfully destroy by kicking the door to your residence, 
military property of the US, the amount of said damage 
being of some value.  Article 111.  You did, at or near 
the Vogelweh Community Center, Kaiserslutern, Germany, 
on or about 18 Sep 96, at or near the base exchange 
parking lot, operate a vehicle, to wit: a passenger car, 
whicle the alcohol concentration in your breath was  0.10 
grams of alcohol per 210 liters of breath or greater, 
specifically .112 grams of alcohol per 210 liters, as 
shown by chemical analysis.  Reduction to A m .  
Forfeiture of $225.00 pay.  (No appeal) 
(No mitigation) 

e.  Additional: LOR/UIF, 24 MAY 96 -  Financial irresponsibility. 

LOR/UIF, 23 JAN 96 -  Financial irresponsibility and 

registered vehicle was uninsured. 

RIC, 07 DEC 95 - Late for work. 
RIC, 21 NOV 95 -  Late for work. 
LOR, 01 NOV 95 -  Took 30 motrin with wine and drove while 

CR,  0 1  NOV 95 -  Pattern of Misconduct. 
LOC, 24 OCT 95 - Missing a second appointment with mental 

impaired causing an accident. 

health. 

f.  CM:  None. 

g.  Record of SV: 6 Jan 94 -  05 Sep 95  Ramstein AB  4  (Initial) 

6  Sep 95 -  18 Sep 96  Ramstein AB  1  (Annual)REF 

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

i.  Stmt of Sv:  TMS:  (02) Yrs  (10) Mos  (00) Das 
TAMS: (02) Yrs  (09) Mos  (23) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 23 Jan 07. 

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

Discharge. ) 

ISSUES ATTACHED TO BRIEF. 

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

I 
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12(1 WILL HOT BE SUB-. 

OPPORTIHG OOCUMENTS (X  as applicable) (Please print rmme and aoclal aacurlw number arr each document.) 

PLUSE COMPLETE REVIEW BASED ON AVNLABLE SERVICE RECORDS 

A=  LWTED BELOW AWD ARE AITACWEU  10 THIS APPLICATIOPQ: p m u e  as irflnin sheet ofpap*  fmore  space is needed-) 

a.  DOCUMrnTl: 

b.  DOCUMENT 2 

I &  ESSUES 

The Board WWmaMsrany lam~e autnnbd by p u  phr to dmlng the rraso h.af  dtSbmd0n.  The Board dm rvrU rawlow Ihe msa to detennbe wheher thers am any 

bum thet pmlde e bash fw W l n g  ywr dl-. 
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to lsaues ofcwroem lo wu unless ttww I~WIEE  are IlBted w 
Upuneedmorespem,aubml~ 

iicmw. the 8oai-d b nat 

to r a s ~ ~  

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I HAVE LiSt!ED AUDITKINAL ISSUES AS AN  ATTACHMENT TO TH15 APPLICATION. 

a I PRRlWSLY SUBMITTED AN APPLtCAiilON ON {'nbrdate) 

AND AM GOMPLETINO  THIS FORM uu ORDER TO SUBMU mumom ~SSUEG. 
1 THE ABOVE ISSUES SUPERSEDE ALL PREVJDUSLY SUBMITTED. 

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!  -/NAVY l M I N E  CORPS 
h v e l  Cwndloi Permrmel Boards 
Bide. 3 6 - W s m m  Navy YBd 
Washington, DC 20374-5023 

M Skeet, S.E. 

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Support DlvIslon. S t  Louk 
ATTM  S M - R B M L  
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St. b l ~ ,  MO 63132-5200 

I3D FORLYl293, PEG 2000 

AIR FORCE 

SAFIMlBR 
55Ct-C  Stmd West, Sulk 40 
Randofph AFB. TX 781504742 

C U T  GUARD 

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Commandant WYYPfd-BO] 
U.S. Ccrast Guard H8adqu;lrtors 
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Page 2 of 2 Pages 

DEPARTMENT OF THE  AIR  FORCE 

86M AIRLIFT WING (USAFE) 

1  OCT  1996 

MEMORANDUM FOR AMN~ 

L .-.-..........-.-.--------------------------------- 

' 86 TRANS 

FROM:  86 TRANSICCQ 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct, conduct prejudicial to good order and hscipline.  The authority is AFPD 36-32 
and MI 36-3208, Section H, paragraph 5.50.2.  If my recommendation is approved, your 
service wlll be characterized as honorable or general.  I am recommending that your 
service be characterized as general. 

2.  My reasons for this action are that: 

a.  You did, on or about 18 Sep 96, operate a car while drunk.  In addition, you &d, on gr 

about 8 Sep 96, kick the door of your residence, Building 1115, Apartment B-8, Ramstein 
AB, causing damage.  For these actions, you received nonjudicial punishment on 18 Sep 96 
(Atch la). This Article  15 was filed in your Unfavorable Information File (UIF) on 30 Sep 
96. 

b.  You did, between on or about 8 Jan 96 and on or about 9 Jan 96, fail to obeg a lawful 
general regulation by wrongfully using your United States Government American Express 
Card for personal purposes in the sum of  about $119.80.  You also failed to pay said debt to 
American Express, which became due on or about 23 Feb 96.  For these actions, you 
received a Letter of Reprimand (LOR) 24 May 96 (Atch lb).  This LOR was filed i n  your 
UIF on 29 May 96. 

c.  You did, on or 30 Nov 95, issue a check to 86 Services Squadron in the amount of 

$123.50 which was returned for insufficient funds.  You did, in the month of Sep 95, fad to 
pay your Ramstein Enlisted Club Account.  For these actions, you received an LOR on 
26 Jan 96, dated 23 Jan 96 (Atch lc).  This LOR was filed in your LTIF  on 5 Feb 96. 

d.  You did, on or about 7 Dec 95, report for duty 45 minutes late.  For this action, you 

received a Letter of  Counseling (LOC) on 7 Dec 95 (Atch Id). 

e.  You did, on or about 20 Nov 95, report for duty 20 minutes late.  For this action, you 

received an LOC on 21 Nov 95 (Atch le). 

f.  You did, on or about 27 Sep 95, take approximately 30 Motnn and drink a n  

undetermined amount of wine, drive your car and cause an accident.  For these actions, 
you received an LOR on 1 Nov 95 (Atch If)  and a UIF was established.  This LOR was filed 
in your LTIF on 1 Nov 95. 

3.  Copies of  the documents to be forwarded to the separation authority in support of  this 
recommendation  are attached.  The commander exercising Special Court Martial 
jurisdiction,  or higher authority, will decide whether you will be hscharged or retained in 
the United States 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 United 
States Air Force, and any special pay, bonus, or education assistance funds you have 
received may be  subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsqlhas-bg~~gb.t~a,iged 

to assist 

you.  1 have made an appointment for you to consult with Capti --------------------: 

; Area 
Defense Counsel at Building 2 11 1, DSN 480-218212492 on 1 Oct 96 a t  1400. You may 
consult civilian counsel at your own expense.  The Area Defense Counsel requests that you 
stop by their office prior to your appointment to pick-up the Administrative Discharge 
Booklet. 

5.  You have the right to submit statements in your behalf.  Any statements you want the 
separation authority to consider must reach me NLT (3 duty days) rl  0&q6  a t  \400 
hours unless you request and receive an extension for good cause shown.  I w J l  send them 
to the separation authority. 

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

7.  You were previously scheduled for a medical examination a t  the base clinic, Physical 
Exams in Building 2182 on 1 Oct 96 a t  0830. 

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

4 

C...................-....-..-..-..-..-..-..-.-..-, 

Section Commander 

Attachments: 
1.  Supporting Documents 

a.  AF Form 3070, Record of  Nonjudicial Punishment Proceedings, dated 30 Sep 96 

W/ atch and response 

b.  LOR, dated 24 May 96 w/ atch and UIF Action 
c.  LOR, dated 23 Jan 96 w/ atchs, response and UIF Action 
d.  AE' Form 174, Record of Individual Counseling, dated 7 Dec 95 
e.  AF Form 174, Record of  Individual Counseling, dated 21 Nov 95 
f.  LOR, dated 1 Nov 95 

2.  Other Derogatory Information 

a.  LOC, dated 24 Oct 95 

3.  Airman's Receipt of Notification Memorandum