AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

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YES 

PERSONAL APPEARANCE 

, * ,s  NAME OF COUNSEL AND OR ORGANlZATION 

X  RECORDREVIEW 
ADDRESS AM) OR ORGANIZATION OF COUNSEL 

NO 
X 

MEMBERS SITTING 

HEARING DATE 
22 NOV 02 

CASE NUMBER 
FD2002-0254 

I 

2  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  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 APPERANCE HEARING 

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REMARKS 
Case heard at Washington, D.C. 

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

SAFhIIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781504742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2002-0254 

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 the 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, which would justify a change of discharge. 

The applicant's issue is listed in the attached brief. 

ISSUE.  Applicant  contends  discharge  was  inequitable  because  "it  was  too  harsh".  The  information 
provided by the applicant and contained in his records was carefully reviewed by the DRB.  The records 
indicated the applicant received three Letters of Reprimand, one Letter of Counseling, and six Records of 
Individual  Counseling  for  misconduct.  The  misconduct  included  late  to  work,  failing  a  dorm  room 
inspection, failure to go, financial irresponsibility, and improper wear of chemical warfare gear during an 
exercise.  The DRB opined that through these administrative actions, the applicant had ample opportunities 
to  change  his  negative  behavior.  The  Board  concluded  the  misconduct  outweighed  the  otherwise 
satisfactory performance of this member. 

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, 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,  MD 

(Former SRA) (HGH SRA) 

1 .   MATTER  UNDER  REVIEW:  Appl rec'd  a  GEN Disch fr USAF 99/06/28 UP AFI 36-3208, 
para 5.50.2 (Misconduct -  Conduct Prejudicial to Good Order and Discipline). 
Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 77/01/14.  Enlmt Age: 18 8/12.  Disch Age: 22 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-92,  E-66,  G-68,  M-33. PAFSC: 2W051 -  Munitions Systems 
Journeyman. DAS: 99/02/01. 

b.  Prior Sv: (1) AFRes 95/09/26 -  95/12/26  (3 months 1 day) (Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB  95/12/27 for 4 yrs. Svd: 03 Yrs 06 Mo 02 Das, all AMS. 

b.  Grade Status:  SRA -  98/12/27 
A1C -  97/04/27 
AMN -  (EPR Indicates): 98/05/02-99/05/01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) None. 

e.  Additional: LOCI 
LOR, 
LOR, 
RIC, 
LOR, 
RIC, 
RIC, 

02 J U N   99 -  Financial irresponsibility. 
28 MAY 99 -  Failure to go. 
23 APR  99 -  Late for work. 
11 FEB 99 -  Late for work. 
06 FEB 99 -  Late for work. 
05 FEB 99 -  Late for duty during Phase I. 
20 JAN 99 -  Late for duty during Phase 11, and not 
prepared to respond to the appropriate 
MOPP levels during Phase 11. 

RIC, 

01 DEC 98 -  Unsatisfactory rating on dorm room 

RIC, 
RIC, 

23 SEP 98 -  Late for work. 
18 SEP 98 -  Late for work. 

inspection. 

f.  CM:  None. 

g.  Record of SV: 98/05/02 -  99/05/01  Moody AFB  3  (Annual) 

(Discharged from Moody AFB) 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS: (03) Yrs  (09) Mos  (03) Das 
TAMS: (03) Yrs  (06) Mos  (02) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01/09/14. 

(Change Discharge to Honorable) 

Issue 1:  I should have been released Honorably under "HardshipsIt. I had a 

son on the way, (2) my single-parent father was under-going surgery, ( 3 )   my 
younger sister was also under-going surgery.  There was a lot of emotional and 
financial stress and struggle due to the situations at hand and the 226 mile 
commute from Moody AFB Valdosta GA to Marietta GA.  I had to travel every day 
off and take as much leave as possible. 

ATCH 
none. 

WGICC 

WGICCE 

Info 

Administrative Sepal-ation - 

& $ k r 9  
2 [  .I - w =iy 
J A 

72446 

WGICV 

WGICC 

Info 

Sign I, 

dl, 

16 June 99 

1.  Tab 1 contains two memoranda for 347 WGICC's signature directing that 
separated under honorable conditions (general) without an opportunity for probation and 
rehabilitation (P&R), and barred from Moody.  Tab 2 contains 347 EMSICC's recommendation 
for an under honorable conditions (general) discharge without P&R and the case file.  Tab 3 
contains the legal review finding 347 EMSICC's recommendations legally sufficient. 

be 

being processed for involuntary discharge under AFI  36-3208, paragraph 

2.  -is 
5.50.2, for a pattern of misconduct (conduct prejudicial to good order and discipline).  347 
EMSICC has recommended an under honorable conditions (general) discharge without P&R (Tab 
2). 
has not submitted a statement for 347 WGICC's  consideration (Tab 2).  I have 
reviewed the administrative separation file at Tab 2 and find it legally sufficient (See the legal 
review at Tab 3). 

3.  As the Special Court-Martial Convening Authority, WGICC has the following options: 

a.  Direct that 

be retained in the Air Force; 

b.  Recommend to the General Court-Martial Convening Authority (9 AFICC) that 

be separated with an honorable discharge with or without the opportunity for 

P&R; 

c.  Approve an under honorable conditions (general) discharge with or without the 

opportunity for P&R; or, 

.d.  Direct that the unit commander reinitiate this action IAW board hearing procedures if 

WGICC believes an under other than honorable conditions discharge may be warranted. 

RECOMMENDATION 

at Tab 1 ordering th 
1) discharge, and (2) 

(1) separated with an under 
for a period of two years. 

3 Tabs 
1.  WGICC Memo 
2.  Case File 
3.  Legal Review 

DEPARTMENT OF THE AIR FORCE 

rmumlts unr w i n g  (AM) 
MOODY  A l l  FORCE WE, GEOl61A 

8 June 1999 

MEMORANDUM FOR 

FROM:  347 EMSICC 

SUBJECT:  Notification Memorandum - Discharge of Airman 

1.  I am recommending your discharge from the United States Air Force for a pattern of misconduct 
(conduct prejudicial to good order and discipline). The authority for this action is AFI 36-3208, 
section 5.50.2.  If my recommendation for 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.  My reasons for this action are as follows: 

a.  On or about 18 Sep 98, without authority, you were late reporting for duty during a Phase I1 
exercise.  For this offense, you received a Letter of Counseling (LOC), dated 18 Sep 98 (Atch la). 

b.  On or about 23 Sep 98, without authority, you were late reporting for duty.  For this offense, 

you received an LOC, dated 23 Sep 98 (Atch lb). 

c.  On or about 1 Dec 98, you, violated MAFBR 90-2 section 2-7, by failing to maintain 

minimum standards of cleanliness in your dorm room.  For this offense, you received an LOC, dated 
1 Dec 98 (Atch 1 c). 

d.  On or about 13 Jan 99, without authority, you were late reporting for duty during a Phase I1 

exercise.  Also, you did not wear the proper black rubber gloves during MOPP4.  For these offenses, 
you received an LOC, dated 20 Jan 99 (Atch ld). 

e.  On or about 5 Feb 99, without authority, you were late reporting for duty during a Phase I 

exercise.  For this offense, you received an LOC, dated 5 Feb 99 (Atch  1 e). 

f.  On or about 6 Feb 99, without authority, you were late reporting for duty.  For this offense, 

you received a Letter of Reprimand (LOR), dated 6 Feb 99 (Atch 1 f). 

g'o6a,!' P o w E r  for  4 m E r i c n  

g.  On or about 10 Feb 99, without authority, you were 1 hour late reporting for duty.  For this 

offense, you received an LOC, dated 1 I  Feb 99 (Atch Ig). 

h.  On or about 29 Mar 99, without authority, you were 30 minutes late returning from lunch. 

For this offense, you received an LOR, dated 23 Apr 99 (Atch lh). 

i.  On or about 20 May 99, you failed to report to the Moody Air Force Base Military Personnel 

Flight for promotion testing.  For this action, you received an LOR, dated 28 May 99 and a 
Unfavorable Information File was established.  Also you were placed on a Control Roster (Atch  1 i) 

j.  One or about 28 May 99, investigations confirmed that you were 60 days delinquent on you 

DPP account.  For this offense, you received an LOC, dated 2 Jun 99 (Atch Ij). 

Copies of the documents to be forwarded to the separation authority in  support of this 
recommendation are attached.  The commander exercising Special Court-Martial (SPCM) 
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. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
.in Bldg 5 107, Room 3, at 1000 hours 
have made an appointment for you to consul 
on 9 Jun 99.  Please take your copy of this Notification Memorandum and the attachments with you 
to your appointment.  You may consult civilian counsel at your own expense. 

4.  You have the right to submit statements in your own behall:  Any statements you want the 
separation authority to consider must reach me within three duty days after receipt of this 
notification letter, unless you request and receive an extension for good cause shown.  If your 
appointment with defense counsel is beyond three duty days after receipt of this letter, you 
should contact the Area Defense Counsel office at extension 7-3421 to obtain a delay request. 
I will send any staternent(s) you submit to the separation authority. 

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to the Moody Air Force 
Base Hospital, Physical Exams Section, Bldg 3296, at 0730 on 9 Jun 1999 for the examination. 
This is a mandatory appointment. 

7.  Any personal information you fbrnish in rebuttal is covered by the Privacy Act Statement.  A 
copy of AFI 36-3208, is available for your use in the orderly room. 

8.  Execute the attached acknowledgment and return it to me immediat 

Commander, 347Ih ~quipment 

Squadron 

Attachments: 
1.  Supporting Documents, Reasons for Discharge 

a.  LOC, 18 Sep 98 
b.  LOC, 23 Sep 98 
c.  LOC, 1 Dec 98 
d.  LOC, 20 Jan 99 
e.  LOC, 5 Feb 99 
f.  LOR, 6 Feb 99 
g.  LOC, 11 Feb 99 
h.  LOR, 23 Apr 99 
i.  LOR\LUFWOR, 28 May 99 (wlatch) 
j.  LOC, 2 Jun 99 

2.  Airman's Receipt of Notification Memorandum