AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
AB
TYPE GEN |X PERSONAL APPEARANCE RECORD REVIEW
NS NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN uoTHC | OTHER DENY
x
x
x
xX+*
ISSUES A92.21 INDEX NUMBER A67.10 fs ae
A93.01 1_|ORDER APPOINTING THE BOARD
A94.55 2. | APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
4 |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
22 May 2012 FD-2010-00270
SAPPY eSASSUI CEA
ONAL RATIONA
are ee ie
Case heard in Washington, D.C.
Bes
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.
Names and votes will be made available to the applicant at the applicant’s request.
+Narrative Reason
*Reenlistment Code
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
FD-2010-00270
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 appeared and testified before the Discharge Review Board (DRB), without) counsel, at
Andrews AFB on 22 May 2012. The following witness also testified on the applicant’s behalf: Mr. Gary
Oehrle (father).
The following additional exhibits were submitted at the hearing:
Exhibit 5: Applicant’s Statement
Exhibit 6: Applicant’s Father’s Statement
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: Upgrade of the 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: The applicant was discharged with an under honorable conditions (general) discharge for minor
disciplinary infractions. Applicant contends discharge was inequitable because it was too harsh. The
applicant wishes to have his discharge upgraded so that he could reenlist in the Air Force or join another
branch of the military. The applicant admits that he was young and made mistakes during his enlistment. The
record indicated the applicant received two Article 15s and four Letters of Reprimand. His misconduct
included disobeying an order not to drive on base, disobeying no contact order, failure to follow instruction
which resulted in damage to a vehicle and injury to applicant and another airman, plead guilty to DUI,
failure to brief at Guard mount, and late for duty. The Board concluded that the negative aspects of the
applicant’s service outweighed the positive contributions he made in his Air Force career. The
characterization of the discharge received by the applicant was found to be appropriate.
The applicant contends that he was charged with actual physical control, not DUI. However according to the
State of North Dakota, the applicant was charged with Driving Under the Influence of Liquor or Drugs. The
applicant was charged on 30 November 2003 with a Class B misdemeanor. Therefore the board concluded
there were no improprieties with the applicant’s DUI charge. The applicant received an Article 15 dated 13
September 2004 for disobeying an order not to drive on base. The applicant testified that he was not driving
on base; however the applicant did accept the Article 15 punishment. The applicant testified that he was not
driving in the vehicle rollover; however he did receive a Letter of Reprimand dated 17 May 2004 for not
following instructions and dereliction of duties as the driver’s wingman. The applicant testified that he takes
full responsibility for violating the no contact order. 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.
Although not specifically stated, applicant contends that he should not be penalized indefinitely for mistakes
he made when he was young. The DRB recognized the applicant was 19 years of age when the discharge
took place. However, there is no evidence he was immature or did not know right from wrong. The Board
opined the applicant was older than the vast majority of first-term members who properly adhere to the Air
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The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be completed bascd on the available service record. FINDINGS: The Board denies the upgrade of the discharge. The records indicated the applicant received an Article 15 and two Letters of Reprimand for misconduct.
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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. FINDING: The Board denies the upgrade of the discharge. Applicant submitted no issues regarding the inequity or impropriety of his discharge.
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*Reason and Authority +Reenlistment Code EUR SOT a f s NE TO: FROM: ; SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL Ban EES AIR FORCE DISCHARGE REVIEW BOARD §50 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00078 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason...