NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

   
 

AFSN/SSAN

 

TYPE GEN PERSONAL APPEARANCE

 

 

x RECORD REVIEW

 

 

  

    

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMRER SITTING

 

 

 

HON GEN UOTHC OTHER

 

 

 

 

 

 

 

 

 

 

INDEX NUMBER

ISSUES

A95.00
A01.00

A67.50

 
 

 

 

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

Be lGafr fm fF

LETTER OF NOTIFICATION

 

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

HEARING DATE CASE NUMBER

04 Nov 2010

 

FD-2008-00336

 

   

Case heard in Washington, D.C.

application to the AFBCMR.

 

 

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

FROM:

 

 
   

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

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

 

 

  

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous
CASE NUMBER

--| AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00336

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 and requests that the review be
completed based on the available service record.

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

FINDING: The Board denies the upgrade of the discharge.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

ISSUE: The applicant submitted no issues regarding the inequity or impropriety of his discharge. The
applicant does submit that he has not had any driving violations since May 2006, he has maintained
employment since his discharge, and he has learned from his mistake regarding drinking and driving. The
record indicates the applicant received one Vacation Action, one Article 15, one Letter of Reprimand, and
two Records of Individual Counseling. His misconduct included failure to wear hearing protection, failed
inspection, drinking alcoholic beverages within eight hours of reporting to work, and driving while
intoxicated. The Board opined that through these administrative actions, the applicant had ample
opportunities to change his behavior. They found the seriousness of the willful misconduct offset any
positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no
evidence of impropriety or inequity to warrant an upgrade of the discharge.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

Attachment:
Examiner's Brief
APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL Form Approved
FROM THE ARMED FORCES OF THE UNITED STATES OMB No. 0704-0004
(Please read attached instructions before completing this form.) Expires Nov 30, 2003

The public reporting burden for this collection of information is estimated to average 45 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection
of information, inctuding suggestions for reducing the burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports
(0704-0004), 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shail be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT
AUTHORITY: 10 U.S.C. 1553; E.0. 9397.

PRINCIPAL PURPOSE(S): To apply for a change in the type of military discharge issued to an individual.
ROUTINE USE(S): None.

DISCLOSURE: Voluntary; however, failure to provide identifying 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.

REQUESTING COPIES OF MILITARY RECORDS

Prior to applying for discharge review, potential applicants or their designated representatives may obtain copies of their military personnel
records by submitting a Standard Form (SF) 180, Request Pertaining to Military Records, to the National Personnel Records Center (NPRC),
9700 Page Boulevard, St. Louis, MO 63132-5200.

1. DATA PERTAINING TO INDIVIDUAL (APPLICANT) TO BE REVIEWED

a. NAME (Last, First, Middie Initial) b. SOCIAL SECURITY NUMBER

c. ADDRESS

1) STREET (Include apartment number) (2) CITY (3) STATE (4) ZIP CODE
Knoxville T™N 37932
d. SERVICE NUMBER (if different from SSN) e. TELEPHONE NUMBER (include Area Code) | f. E-MAIL ADDRESS ‘

g. BRANCH OF ARMED SERVICE (X one) h. DISCHARGE RECEIVED (X one)

2. APPEAL FILED IN BEHALF OF INDIVIDUAL TO BE REVIEWED ((f the reviewee is 3._BOARD ACTION REQUESTED (X as applicable)
deceased or incompetent, complete this section. Appropriate evidence, e.g., death a. CHANGE DISCHARGE TO HONORABLE
certificate, medical statement of incompetency, must accompany this form.) b. CHANGE DISCHARGE TO GENERAL/

Ll in
a. RELATIONSHIP OF INDIVIDUAL SUBMITTING THIS APPLICATION TO APPLICANT (X one) _ Boe OR EELE COMDIIONS

c. CHANGE DISCHARGE TO ENTRY LEVEL
b. NAME (Last, First, Middle Initial)

SEPARATION OR UNCHARACTERIZED
d. CHANGE REASON FOR DISCHARGE TO:
i AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON NATIONAL CAPITAL REGION.

 

| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL
CLOSEST TO (enter city and state) (NOTE: Navy Discharge Review Board does not have a traveling panel.) Knoxville , IN

SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

5. [HAVE ARRANGED TO BE REPRESENTED BY AND AUTHORIZE THE RELEASE OF RECORDS TO (Complete if applicable)

a. NAME OF COUNSEL/REPRESENTATIVE b. ORGANIZATION : c. TELEPHONE NUMBER
(Last, First, Middle Initial) (include Area Code)

P| CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

d. ADDRESS

(1) STREET (include apartment or suite number) (2) CITY (3) STATE (4) ZIP CODE

6. WAIVER OF COUNSEL (xX if applicable)

| HAVE READ ITEM 6 OF THE INSTRUCTIONS PERTAINING TO THE AVAILABILITY OF COUNSEL AND ELECT NOT TO BE REPRESENTED BY COUNSEL/
REPRESENTATIVE (Leave item 5 blank).

DD FORM 293, DEC 2000 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 4 my

PIA -maae Lys
7. SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Security Number on each document.)

WILL NOT BE SUBMITTED. PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS.

ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: (Continue on a plain sheet of paper if more space is needed.)

 

a. DOCUMENT 1:

 

 

b. DOCUMENT 2:

 

 

 

 

c. DOCUMENT 3:

8. ISSUES

The Board will consider any issue submitted by you prior to closing the case for deliberation. The Board will also review the case to
determine whether there are any issues that provide a basis for upgrading your discharge. However, the Board is not required to respond in
writing to issues of concern to you unless those issues are listed or incorporated by specific reference below. Carefully read the instructions
that pertain to Block 8 prior to completing this part of the application. If you need more space, submit additional issues on an attachment.

-F)Thave not had any other driving violations since May 26, 2006 - - ---------------------------------------

UHAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION.

PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date)
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED.

9. CERTIFICATION

| make the foregoing statements as part of my application with full knowledge of the penalties invoived for willfully making a faise
statement. (U.S. Code, Title 18, Section 1001, provides that.an individual shall be fined under this title or imprisoned not more than 5 years,
or both.)

 

a. DATE (YYYYMMDD)

796 GOT 25
UPON COMPLETION, MAIL THIS APPLICATION TO APPLICABLE ADDRESS BELOW

ARMY NAVY & MARINE CORPS AIR FORCE COAST GUARD

Army Review Boards Agency Naval Council of Personne! Boards
Support Division, St. Louis 720 Kennon Street, S.E. SAF/MIBR Commandant (G-WPM)

ATTN: SFMR-RBR-SL Rm. 309 (NDRB) 550-C Street West, Suite 40 | 2100 Second Street, S.W.

st “Toul” MO 63732-5200 Washington Navy Yard, DC Randolph AFB, TX 78150-4742 | Washington, DC 20593-0001

(See http://arba.army.pentagon.mil) | 20374-5023
DD FORM 293, DEC 2000 Page 2 of 4 Pages
FD2008-00336

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF Shaw AFB, SC on 30 Jun 06 UP AFPD 36-
32, AF! 36-3268, Para 5.49 (Misconduct: Minor Disciplinary Infractions). Appeals for an Honorable Disch.

2. BACKGROUND:

a. DOB: 17 Apr 1982. Enlmt Age: 19. Disch Age: 24. Educ: HS DIPL.
AFQT: N/A. A-43, E-64, G-62, M-63. PAFSC: 2F051 — Fuels Equipment Operator.
DAS: 13 Oct 03.
b. Prior Sv: AFRes 28 Sep 01 — 29 Jan 02 (05 Mos, 02 Days)
3. SERVICE UNDER REVIEW:

a. Enlisted as AB on 29 Jan 02 for 6 Yrs Svd: 4 Yrs 5 Mos 2 Das, all AMS.

b. Grade Status: A1C - 23 May 06 (Vacation)
SRA - 15 Jul 04
A1C - 15 Mar 02
AB_ - 30 Jan 02

c. Time Lost: None

d. Art 15’s & Additional: = (1) RIC ~ 10 Dec 03 — Failed a Spot Check with engine running.
(2) RIC - 01 Mar 05 — Failed to wear hearing protection
(3) LOR - 25 Jul 05 - Failed to wear hearing protection.

(4) 23 May 06, Shaw AFB, SC — Article 92. You, who knew your duties at
or near Shaw AFB, SC, on or about 21 April 06, were derelict in the
performance of those duties in that you willfully failed to refrain from __
drinking alcoholic beverages within 8 hours of reporting for work, as it
was your duty to do.

Reduction to the grade of A1C, suspended through 22 Nov 06, after
which time it will be remitted without further action, unless sooner
vacated. Forfeiture of $250.00 pay per month for two months. 14 days
extra duty. (No appeal) (No mitigation)

EKY
FD2008-00336

6 Jun 06, Vacation, Shaw AFB, SC — Article 111. You, did at or near
Sumter, SC, on or about 26 May 06, physically control a vehicle, to wit:
a passenger car, while drunk.
Reduction to the grade of A1C, with new DOR of 23 May 06.
e. CM: None
f. Record of Sv: 29 Jan 02 — 28 Sep 03 Shaw AFB 3 (initial)
29 Sep 03 ~ 28 Sep 04 Shaw AFB 4 (Annual)
29 Sep 04 - 28 Sep 05 Shaw AFB 4 (Annual)
g. Awards & Decs: NDSM, AFGCM, AFLSA, AFOUA, AFTR

h. Stmt of Sv: TMS: (4) Yrs (9) Mos (3) Das
TAMS: (4) Yrs (5) Mos (2) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 25 Jul 08

ATCH:
DD Form 214 (2 pages)

13 Jan 09/ME
OC O

DEPARTMENT OF THE AIR FORCE
20TH FIGHTER WING (ACC)
SHAW AIR FORCE BASE SOUTH CAROLINA

MeNoRAND 0% IA inot

FROM: 20 LRS/CC
SUBJECT: Notification Memorandum

1. [am recommending your discharge from the United States Air Force for minor disciplinary
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section
H, Paragraph 5.49. If your discharge is approved, your service will be characterized as
honorable or under honorable conditions (general). I am recommending that your service be
characterized as under honorable conditions (general).

2. The reasons for this action are:

a. On or about 9 Dec 03, you failed a spot check, leaving unit 91L-393 with the engine
running and unattended on the Hot pits. For this misconduct, you received a Record of
Individual Counseling (ROIC), dated 10 Dec 03.

b. On or about 1 Mar 05, you failed to wear hearing protection while servicing an aircraft.
For this misconduct, you received a ROIC, dated 1 Mar 05.

c. On or about 21 Jul 05, you failed to wear hearing protection while servicing an aircraft.
For this misconduct, you received a Letter of Reprimand (LOR), dated 25 Jul 05.

d. On or about 21 Apr 06, you failed to refrain from drinking alcoholic beverages within
eight hours of reporting for work. For this misconduct, you received an Article 15, dated
23 May 06.

e. On or about 26 May 06, you physically controlled a vehicle, to wit: a passenger car,
while drunk. For this misconduct, you received a Vacation Action, dated 6 Jun 06.

3. Copies of the documents to support this recommendation are attached and will be forwarded
to the separation authority. The separation authority will make the findings and
recommendations required under 10 U.S.C. 2005(g) regarding recoupment of education
assistance funds, if applicable. The commander exercising specia] court-martial jurisdiction 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 and any special pay, bonus, or education assistance
funds may be subject to recoupment.

Global Power for America
4, You have the right to consult counsel. Military legal counsel has been obtained to assist

‘ you. I have made an appointment for you to consult Captain Area Defense
Counsel, 895-9530, 321 Cullen Street, at £730 hours on 2d Uené . You may consult

civilian counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me by 1130 _hourson @B June _ 2006 443
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 20th Medical

Group, Primary Care Clinic at 9:23@ hours on_& { Sane 2006 and an

additional examination will be scheduled if necessary.

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 unit orderly room.

9, Execute the attached acknowledgment and returm it to me immediately.

  

|, Lt Col, USAF

Commander

Attachments:

1, ROIC, dated 10 Dec 03

2. ROIC, dated 1 Mar 05

3. LOR, dated 25 Jul 05

4, AF Form 3070, dated 23 May 06
5. AF Form 366, dated 6 Jun 06
CAUTION: NOT TO BE USED FOR THIS {5 AN IMPORTANT RECORD. ANY ALTERATIONS IN SHADED AREAS
IDENTIFICATION PURPOSES : SAFEGUARD IT. RENDER FORM VOID

CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY

7. DEPARTMENT, COMPONENT AND BRANCH 3

AIR FORCE -- REG AF 3

5. DATE OF BIRTH (YYYYMMOD) | 6. RESERVE OBLIGATION TERMINATION DATE
19 820417 (vyyyumoo) N/A

7a. PLACE OF ENTRY INTO ACTIVE DUTY b. HOME OF RECORD AT TIME OF ENTRY{City and state, or complete address if known)

        
 
  

     

   

 

KNOXVILLE, TN

     

KNOXVILLE, TN
8a. LAST DUTY ASSIGNMENT AND MAJOR COMMAND b. STATION WHERE SEPARATED

20th Logistics Readiness SQ ACO SHAW AFB SC

9. COMMAND TO WHICH TRANSFERRED 10. SGLI COVERAGE] | NONE
NOT APPLICABLE AMOUNT: $490,000
YEAR(][MONTH(s] AYE

11. PRIMARY SPECIALTY (List number, title and years and months in
specialty. List additional specialty numbers and titles involving periods of

   
 

 

 

   
        

 
    
      

   
   
 
 

a. DATE ENTERED AD THIS PERIOD
b. SEPARATION DATE THIS PERIOD
c. NET ACTIVE SERVICE THIS PERIOD

 
 
  

one or more years.)

2F051 - Fuels, 4 years and 3 months.

  
    
 

d. TOTAL PRIOR ACTIVE SERVICE
e. TOTAL PRIOR INACTIVE SERVICE
f. FOREIGN SERVICE

 
   
 
 
   
  
  
  
   
 

 

  
  
   
  
  

g- SEA SERVICE

bh. EFFECTIVE DATE OF PAY GRADE ES BG BO

14. MILITARY EDUCATION(Course title, number of weeks, and month and
year completed}

Basic Military Training, 6

weeks, Mar 2002. Fuels, 6

weeks, Jun 2002.

  

13. DECORATIONS, MEDALS. BADGES, CITATIONS AND CAMPAIGN
RIBBONS AWARDED OR AUTHORIZED = (Ail periods of service)

Air Force Good Conduct Medal,
National Defense Service Medal,
Air Force Longevity Service Award,
Air Force Outstanding Unit Award,
Air Force Training Ribbon.

15a. MEMBER CONTRIBUTED TO POST-VIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE PROGRAM ae ES] |
b. HIGH SCHOOL GRADUATE OR EQUIVALENT Yes; |
16. DAYS ACCRUED LEAVE 17, MEMBER WAS PROVIDED COMPLETE DENTAL EXAMINATION AND ALL APPROPRIATE_YES
PAID 97 DENTAL SERVICES AND TREATMENT WITHIN 90 DAYS PRIOR TO SEPARATION | x |

        
  
     
   

    

 

   
 
   

 

 

OD Form 274-AUTOMATED, FER 2000 PREVIOUS EDITION [© OBSOLETE.
CAUTION: NOT TO BE USED FOR THIS {S AN IMPORTANT RECORD. ANY ALTERATIONS IN SHADED AREAS
{IDENTIFICATION PURPOSES SAFEGUARD IT. RENDER FORM VOID

CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY

NAME 5 Z. DEPARTMENT, COMPONENT AND BRANCH ST SOCA
i a = AJR FORCE -- REG AF eee
PRAT i Eo 5. DATE OF BIRTH (YYYYMMDD) | 6. RESERVE OBLIGATION TERMINATION DATE
19820417 (Yvvymmop) N/A

Ta. PLACE OF ENTRY INTO ACTIVE DUTY b. HOME OF RECORD AT TIME OF ENTRY{City and state. or complete address if known}

 

 

KNOXVILLE, TN KNOXVILLE, TN

8a. LAST DUTY ASSIGNMENT AND MAJOR COMMAND b. STATION WHERE SEPARATED
20th Logistics Readiness SQ ACC SHAW AFB Sc
9. COMMAND TO WHICH TRANSFERRED 10. SGLI COVERAGE] | NONE

NOT APPLICABLE AMOUNT: $400,000

11. PRIMARY SPECIALTY (List number, title and years and months. in 12. RECORD OF SERVICE YEAR(s) | MONTH(s} DAY (s)
specialty. List additional specialty numbers and titles involving periods of a. DATE ENTERED AD THIS PERIOD
one or more years.)

2FO51 - uels , 4 years and 3 months. b. SEPARATION DATE THIS PERIOD
c. NET ACTIVE SERVICE THIS PERIOD

d. TOTAL PRIOR ACTIVE SERVICE
e, TOTAL PRIOR INACTIVE SERVICE
€ FOREIGN SERVICE

g. SEA SERVICE

hk. EFFECTIVE DATE OF PAY GRADE abe BG

13. DECORATIONS, MEDALS, BADGES, CITATIONS AND CAMPAIGN 14, MILITARY EDUCATION/(Course title, number of weeks, and month and
RIBBONS AWARDED OR AUTHORIZED (All periods of service} year completed) .

Air Force Good Conduct Medal, Basic Military Training, 6
National Defense Service Medal, weeks, Mar 2002. Fuels, 6
Air Force Longevity Service Award, weeks, Jun 2002.

Air Force Outstanding Unit Award,

Air Force Training Ribbon.

15a, MEMBER CONTRIBUTED TO POST-VIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE PROGRAM |_| ves XI No |
b. HIGH SCHOOL GRADUATE OR EQUIVALENT i Yes} |
16. DAYS ACCRUED LEAVE |17. MEMBER WAS PROVIDED COMPLETE DENTAL EXAMINATION AND ALL APPROPRIATE_YES
PAID 97 Q DENTAL SERVICES AND TREATMENT WITHIN 90 DAYS PRIOR TO SEPARATION

 

DD Form 214-AUTOMATED, FEB 2000 PREVIOUS EDITION IS OBSOLETE. MEMBER-1