AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVICE MEMRKH (LAST, FIRST hI1L)L)I.E IN1 I'IAI,) 
.................... 

TYPE  GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OH OHGANlZATlON 

,,,,,, 
YES 

No 

X 

I 

I 

GRADE 

AB 

AI'SNISSAN 

I - - - - - - - - - - - - - -  

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COIJNSEL 

MEMBER SITTING 

I ION 

/ 

7 

ISSUES 

A92.21 
A94.05 

INDEX NUMBER 

A67.10 

VOT$ OF THE BOARD 

I  UOTHC  r  U I I I P K  

.-  " "  

GLN 

I 

D=NY 

X+ 

X+ 

X+ 

X+ 

X+ 

EXNl,DXTS SUXIMXTTED 'I*O THE BOARD 

I  O R I J ~ R  APPOIN I  ING I  I ~t HOARD 

1 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
I  BRIEFOF PERSONNEL FILE 
I  4 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIUI'I'S SUUMI'UED AT TIME OF 
PERSONAI.  APPEARANCE 

TAPE KECORDING 01: PEKSONAI. AI'l'F.ARANCb. 

I IE 

1 

I 

I 

I 

~ 

1 

1 

1  29 Jun 2007 

CASE NIIMHk,H 

I  FD-2007-00037 

I 

APPLICANT'S ISSUE AND THE BWAihO"5 DECISIONAI, RATIONAI. ARF DISCUSSkL) ON  I H t  A I1AC HEL!  AIR FORCE DISCHARGE REVIE% BOARD DCC'IGIUWAL W I O N A L E  

1  Case heard  in Washington, D.C. 

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

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

+  Reenlistment Code 

550 C STREET WEST, SIJII'E 40 
WNDOLPH AFH. 'I'X 781 50-1712 

SECHk;'[AHY  O F f H C  AIH  FOHCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WINC, 3RD FLOOR 
ANUREWS AFB. MU  20761.7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE  REVIEW BOARD UEClSIONAL RATIONALE 

CASE NIJMBER 

FD-2007-00037 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reenlistment 
code. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

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

FINDINGS:  Upgrade of 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 contei~ds his discharge was inequitable because it was too 
harsh.  The records indicated the applicant received two Article  15s for misconduct.  His first Article  15 was 
for failing to refrain from having an unauthorized minor in the dormitories and for underage drinking.  He 
was punished with a reduction in grade to Airinan Basic, 30 days of extra duty, and a reprimand.  The 
second Article  15 was for underage drinking and failure to go to his appointed place of duty.  He was 
disciplined with a reduction in grade to Airman Basic, restricted to Holloman AFR for 30 days, 30 days of 
extra duty, and a reprimand.  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 fouild to be appropriate. 

Issue 2.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, 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. 

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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MJ3 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN ~ i s c h  fr USAF Holloman AFB, NM on 25 
Feb 03 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code. 

2.  BACKGROUND: 

a. DOB: 24 Jan 83.  Enlmt Age: 18 1/12.  Disch Age: 20 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-42,  E-36,  G-44,  M-36. PAFSC: 3M031 -  Services Apprentice. 
DAS :  4 Feb 02. 

b.  Prior Sv: (1) AFRes 15 Max 01 -  01 Oct 01  (6 months 17 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 2 Oct 01 for 4 yrs. Svd: 01 Yrs 04 Mo 24 Das, all AMS. 

b.  Grade Status:  AB -  23 DeC 02  (Article 15, 23 Dec 02) 

Amn -  23 Oct 02 
AB -  23 Apr 02  (~rticle 15, 23 Apr 02) 
Amn -  02 Apr 02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 23 Dec 02, Holloman AFB, NM  -  ~ r t i c l e  92.  You, who 

knew or should have known of your duties, on or about 7 
Dec 02, were derelict in the performance of those duties 
in that you willfully failed to refrain from consuming 
alcohol while under the age of 21, as it was your duty 
to do.  Article 86.  You did, on or about 7 Dec 02, 
without authority, go from your appointed place of duty, 
to wit: Building 274.  ~eduction to AB.  Restriction to 
the limits of Holloman AFB, NM  for 30 days, 30 days 
extra duty, and a reprimand.  (No appeal)  (No mitigation) 

(2) 23 Apr 02, Holloman AFB, NM  -  Article 92.  You, who 

knew or shoud have known of your duties, on or about 31 
Mar 02, were derelict in the performance of those duties 
in that you willfully failed to refrain from having an 
unauthorized minor in the dormitories, as it was your 
duty to do so.  Article 92.  You, who knew or should 
have known of your duties, on or about 31 Mar 02, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from drinking alcoholic 
beverages while under the 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 4 Apr 02, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from having an unauthorized minor in 
the dormitories, as it was your duty to do.  Reduction 
to AB, 30 days extra duty, and a reprimand. (No appeal) 
(No mitigation) 

e.  Additional: None. 

f.  CM:  None 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM 

i.  Stmt of Sv:  TMS:  (01) Yrs  (11) MOs  (11) Das 
TAMS: (01) Yrs  (04) MOS  ( 2 4 )   Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 29 Jan 07. 

(Change Discharge to Honorable, and Change the RE Code.) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues 

'2  8  FEB P7 

.. 

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instmctions on Pages 3 and 4 BEFORE completing this application.) 

Form Approved 
OM8 NO. 0704-0004 
Expires Aug 31,2006 

smrching existing dnta sourcms, 
Thm  public reparting burdmn for this  c d k b o n  of  infarrrvtmn is 8atimrt.d  to  mvumgm 30 rnmutas per response, incluchnn thm  tirw far rmviawhg h ~ l ~ ~ ~ t l o n s ,  
gathwnng and maintaining thm dam no*dmd  and compkting and rov*wmg ttm colkcnon of mtomutian.  Ssnd c ~ n m n t a  nwrdng thk  b u r k  utinutm or  any othor a s w t  of  this collsctlon 
of information, hcludlnl) su~gestbns for rmbucinn mm buran, to bparmrmt of bfons.,  Washington Hrdcpmnorr Srvicms,  h t o r m t e  fa Inlommtion OpsraUws ond R.polts  IOYOCMX14). 
1216 Jeffer$on Dana Highway, Suim  1204, Arlington,  VA  222024302.  b r p a n d w t s  h u l d  k .ware  that mnwhhmandnn m y  o m r  pvldar of  law, no p r a m  shah be subj.cl to any 
pen#tf  tw fdmg to cornply with a c o i ~ o n  01 inlormanon ii It door nm dirpky  cursndy valid OMB conRol nunb.r. 
PLEASE DO NOT RETURN YOUR  FORM TO M E  ABOVE AWHESS.  R€lURN  COMPLITED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS  PAGE. 

PRIVACY ACT STATEMEN? 

AUTHORITY:  10 U.S.C.  1663; E.O.  9397. 
PRINCIPAL PUAPOSE(S):  To apply for a chahge in the characterization or reason for rnilbry discharge issued to an indtvidual. 
ROUTINE USEtSI:  None. 
DISCLOSURE:  Voluntary;  however, failure to provide ibntifying information may impede processing of this application.  The request for 
Social Security Number is strictly to assure proper identification of the individual and appropriate records. 
1.  APPLICANT DATA  fib person whose discharge is to be reviewed).  PLEASE PRINT OR W R  INFORMATION. 
I g I AIR  FORCE 
a.  BRANCH OF SERVICE IX onel 
I!.- HAME [@fiSrSrfiFimJL 
C - . . -  . - . 
mm 
2. DATE OF  DISCHARGE OR  SEPARATION 

I 
-------------- 
NUMBER 
--------------. 

4.  DISCHARGE CHARACTERIZATION RECEIVED lX onel 

I MARRYE CORPS 

I COAST GUARD 

c.  l3RADE/RANK AT DISCHARGE 

d.  SOCIAL SECUWW 

I ARMY  1 

1  NAVY 

-Middle I d h I )  

E-1IAB 

IWWMMDD) Ilf data is rmra t h n  15 pars 
ego, submit  a 00 k r m  1491 
20030225 

- 

' 

3.  UNIT AND LOCATION AT DISCHARGE 

OR  SEPARATION 

Holloman Air Force Base 

X 

HOIYQRABLE 
m N D E R  HONORA8l.E COUDllWHS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD EONDUCT I S p m l  cwrt-mwrrirl W J  
VllCHARACTERlf ED 
OTHER  (Expla~nl 

5.  BOARD ACTlON REQUESTED IX one) 
K 

CHANGE TO HONoRAslE 
C H A W  TO OEWERAUUNMR 
HONMAWE  COWTW 
CHANGE TO UNCHARACTERaED 
(Nor applrceble far A t  F
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

d

 

Pe  e 3.1 

6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue In Item 14.  See instructions on 
~ h i g  serving our country at Holloman Air Force Base in Alamogordo, New Mexico, I was arrested for underage drinking.  During 
this time my fianct at the time had been visiting me fell three stories down fiom the dorms h t u r i n g  her pelvis and leaving her 
unconscious. A month later, two days before our wedding was scheduled, she decided that I wasn't the one for her and left me.  This 
now had me depressed and confused. When I returned to base I inten&d  AA classes until I was dischqed aod asked to leave 

7. '(X if appflcable) AN  APPLICATION WAS PAMOUSLV SUBMITTED ON IYYWMMDD) 

, 

AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, MI EVIDENCE. 

8.  IN SUPPORT OF THIS APWCATION.  THE FOLLOWING ATTACCRD DOCUMENTS ARE SUBMITE0 AS EVIDENCE: (Continue in hem  17. 

If rnrlirery documents or  medical records ere relevmt  to your cuse, please semi copies.) 

9.  TYPE OF REVIEW REQUESTED /x ond 

I 

-, 

-

+

-

-

  - _._ 

.. - __.+ 

. . 

(Forward notification of any change in address.) 

c.  E-MAIL 

d.  FAX NUMBER Ilnclude Area CodeJ 

13.  CERTIFICATION. 

I make tho forogdng statomnt*,  w part of my ddm, with full knowkdge of the 
penaltbs Involved for wlfully maklng a f*  mmnt or c l h .  (U.S. Code, 'Tile 18, Sections 287 
and  1m9, provide rhat an individual shall be fined under this title or imprisoned not more than 5 years, 

, . - ~ c b ~ f b J  --..-..-..-..-..-..-..-..-.. 
- 
.I 

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

b.  DATE SIGNED - REQUIRED 

IYYYYMMDD) 

200702 19 

_________ 

RM 293, AUG 2003 

PREVIOUS EDITIONS ARE  OBSOLETE. 

CASE NUMBER 

(Do not write in this space.) 

Page 1 of 4 Pages 

14. CONTlNUATlON OF ITEM 6, ISSUES (If applicable) 
the base.  After returning to my home town, I cleaned up my act and got a job, which I have held consistently for three years now.  I 
also chose to help out in several volunteer activities around the neighborhood.  Now while worldng two jobs,  I have met my fianct. 
to whom I am marrying August 1 I th, 2007. I am also in the process of building our new two story home.  May I also add that 1 have 
matured and learned a great deal since separating fi-om  the service.  I have not been arrested or reprimanded for anything.  I ask that 
you consider aU  this when making your decision to my request.  The reason I ask you for this request is for me to continue my 
inteniew at the Federal Prison. Being re-eligible for the military is one of their qualifications. With this job I can secure the 
payment for my house and take better care of my family and I. Thaak you for you time. 

16. CONTINUATION OF ITEM 8. SUPPORTING  DOCUMENTS (If applicable) 

16. REMARKS (If applicable) 

- --ly 

--  -- -.--+ 

" 

I- -- 

---- 

- -..h__- 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St. Louis, MO  63132-5200 
(See http:llarba.army.pentagon.mil) 

AIR FORCE 

Air  Force Review Boards Agency 
SAFIMRBR 
55GC Street West,  Suite 4 0  
Randolph AFB,  TX  781 50-4742 

N A W  AND MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-6023 

COASTGUARD 

U.S. Coast Guard 
Commandant (G-WPM) 
2100 Second Street,  S.W.  Room 5500 
Washington, DC  20593 

DO FORM 293, AUG 2003 

-- 

Page 2 of 4 Pages 

m 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 49f H FIGHTER WING (ACC) 
HOLLOMAN AIR FORCE BASE, NEW MEXICO 

MEMORANDUM FOR AB: . . - . . - . . - . . - . . - . . - . - - - - - - - - - - - - - - - - - - - - - - - - I  

FROM:  49 SVS/CC 

SUBJECT:  Letter of Notification 

1. I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFT  36-3208, Administrative Separation ofAirmen, 
Section 5 H ,  paraaph 5.49.  If my recommendation is approved, you will receive an honorable 
or an under honorable conditions (general) service characterization.  I am recommending that you 
receive an under honorable conditions (general) service characterization. 

2.  My reasons for this action are as follows: 

a.  You, who knew or should have known of your duties at or near Holloman AFB, NM, on or 

about 7 December 2002, were derelict in the performance of those duties in that you willfully 
failed to refrain fiom consuming alcohol while under the age of 21, as it was your duty to do. 

You did, at or near Holloman.AFB, NM, on or about 7 December 2002, without authority, 

go from your appointed place of duty, to wit:  Bldg 274. 

For your misconduct, you received Article 15 punishment consisting of reduction to the grade of 
airman basic, 30 days restriction to Holloman AFB, NM, 30 days extra duty and a reprimand. 

b.  You, who knew or should have known of your duties at or near Holloman AFB, NM, on or 
about 3 1 March 2002, were derelict in the performance of your duties in that you willfully failed 
to refrain from having an unauthorized minor in the dormitories and willfully failed to refrain 
fiom consuming alcohol while under the age of 21, as it was your duty to do.  As a result of this 
incident, your minor visitor, who was intoxicated, fell off a third story balcony and sustained 
several injuries requiring medical treatment. 

You, who knew or should have known of your duties at or near Holloman AFB, NM, on or 
about 4 April 2002, were derelict in the performance of those duties in that you willfully failed to 
refrain fiom having an unauthorized minor in the dormitories, as it was your duty to do so. 
Despite having been briefed about minors in the dorms after the 3 1 March 2002 incident, you 
disregarded base regulations and again brought a minor visitor into the dorms. 

For your misconduct, you received Article IS punishment consisting of reduction to the grade of 
airman basic, 30 days extra duty and a reprimand. 

GCo6aC~ower f o r  pmerica 

i.  Record of Disciplinary Actions by Court-Martial and Article 15, UCMJ: 

a.  Article 15 w/UIF dated 23 December 2002: 

(1)  Respondent, who knew or should have known of his duties at or near Holloman 

AFB, NM, on or about 7 December 2002, was derelict in the performance of his duties in that he 
willfully failed to refrain from consuming alcohol while under the age of 21, as it was his duty to 
do. 

(2) Respondent did, at or near Holloman AFB, NM, on or about 7 December 2002, 

without authority, go from his appointed place of duty, to wit:  Bldg 274. 

- Respondent received Article 15 punishment consisting of reduction to the grade 
of airman basic, 30 days restriction to Holloman AFB, NM, 30 days extra duty and a reprimand. 

b.  Article  15 w/UIF dated 23 April 2002: 

(1) Respondent, who knew or should have known of his duties at or near Holloman 
AFB, NM, on or about 3 1 March 2002, was derelict in the performance of his duties in that he 
willhlly failed to refiain from having an unauthorized minor in the dormitories, as it was his 
duty to do. 

(2) Respondent, who knew or should have known of his duties, at or near Holloman 

AFB, NM, on or about 3 1 March 2002, was derelict in the performance of his duties in that he 
willfully f&led to refrain from consuming alcohol while under the age of 21, as it was his duty to 
do so. 

(3) Respondent, who knew or should have known of his duties at or near Holloman 

AFB, NM, on or about 4 April 2002, was derelict in the performance of his duties in that he 
willfilly failed to refiain from having an unauthorized minor in the dormitories, as it was his 
duty to do so. 

-Respondent received Article 15 punishment consisting of reduction to the grade 

of airman basic, 30 days extra duty and a reprimand. 

j . Overall Ratings on EPRs:  None. 

k.  Favorable Communications, Citations or Awards: Air Force Training Ribbon and National 

Defense Service Medal. 

1.  Derogatory data, other than action by court-martial or under Article 15, UCMJ:  None. 

m.  Medical or other data meriting consideration: None 

n.  Member does not hold an appointment as a reserve commissioned or warrant officer. 

3.  Actions required under AFI 3 1-501 are not necessary. 

4.  I do not recommend probation and rehabilitation according to AFI 36-3208, Chapter 7 due to 
the failure of prior rehabilitative efforts.  Retention in a probationary status would be inconsistent 
with the maintenance of good order and discipline and would have an adverse impact on morale 
within the squadron. 

............................................ 
Commander 

Attachments: 
1. Letter of Notification wlatchs 
2.  Airman's Receipt of Letter of Notification 
3.  Airman's Response 
4.  Medical Examination 
5.  ID