1 

I  NAME OF SERVICE MEMBER (LAST, FlRST MlDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

(  AFSNISSAN 

TYPE 

PERSONAL APPEARANCE 

I 

I  X 

RECORD REVIEW 

I 

ORGANIZATION OF COUNSEL 

I 

MEMBER SITTING 

I 

HON 

GEN 

UOTHC 

I  OTHER 

1 

DENY 

I 

I 

I 

I 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVlEW OF DISCHARGE 
LETTER OF NOTIFICATION 

1 
2 
3 
1  4  1  BRIEF OF PERSONNEL FILE 

(  COUNSEL'S RELEASE TO THE BOARD 
I  ADDITIONAL EXHIBITS SUBMITTED AT TlME OF 

PERSONAL APPEARANCE c 

INDEX NUMBER 

A67.10 

HEARING DATE 

1  23 Sep 2003 

CASE NUMBER 

Case heard at Washington, D.G. 

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 

TO: 

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

AFHQ FORM 0-2077, JAN 00 

FROM: 

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

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2002-0163 

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 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 that would justify  a change of discharge. 

Issue  1.  Applicant  was  discharged  for  minor  disciplinary  infractions  and  for  unsatisfactory  performance. 
The  records  indicated  the  applicant  received  three  Letters  of  Reprimand,  three  Records  of  Individual 
Counseling and an Unfavorable Information File for misconduct.  He was also placed on the Control Roster. 
The  misconduct  included  five  instances of being  late  for  duty, disobeying  a  lawful  order,  making  a  false 
statement, and failing to.pay  a just  debt.  Additionally, member failed his End of Course Examination with a 
score of 48%,  and before  discharge was recommended,  his supervisor worked  closely  with him  reviewing 
test material, to no avail.  Applicant contends he suffered from a sleep disorder which sometimes caused his 
tardiness.  The records review disclosed  no documents supporting this contention, nor did applicant  submit 
any  substantial  documented  evidence  of  such  other  than  his  personal  assertions.  In  the  absence  of  such 
evidence, the Board finds this issue without merit.  The DRB opined that through the unit's  administrative 
actions, the applicant had ample opportunities to change his negative behavior and improve his performance. 
The  Board  concluded  the  misconduct  was  a  significant  departure  from  conduct  expected  of  all  military 
members, and therefore the characterization of the discharge received  by  the applicant was appropriate.  In 
summary, the Board found no evidence of impropriety or inequity in this case on which to base an upgrade 
of discharge. 

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, MD 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF 01/05/03 UP AFI 36-3208, 
para 5.49 &  5.26.3  (Misconduct -  Minor Disciplinary Infractions &  Unsatisfactory 
Performance).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 80/01/02.  Enlmt Age: 18 7/12.  Disch Age: 21 4/12. Educ:HS DIPL. 

AFQT: N/A.  A-51,  E-54,  G-64,  M-40. PAFSC: 3V032 -  Visual Information 
Apprentice. DAS: 98/12/29. 

b.  Prior Sv: (1) AFRes 98/09/01 -  98/11/09 (2 months 9 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  98/11/10 for 4 yrs. Svd: 02 Yrs 05 Mo 24 Das, all AMS. 

b.  Grade Status:  A1C -  00/07/10 
AMN -  99/09/10 

c.  Time Lost:  none. 

d.  Art  15's: none. 

e.  Additional: LOR, 12 JUL 00 -  Late for duty. 

LOR, 15 SEP 00 -  Failure to go and disobeying an order. 
LOR, 23 OCT 00 -  Late for duty, making a false statement, 

and failure to pay just debt. 

LOCI 01 FEB 01 -  Late for duty. 

f.  CM:  none. 

g.  Record of SV: 98/11/10 -  00/07/09  Bolling AFB  5  (Initial) 

(Discharged from Bolling AFB) 

h.  Awards &  Decs:  AFTR, AFOUA 

i.  Stmt of Sv:  TMS:  (02) Yrs  (08) Mos  (03) Das 
TAMS:  (02) Yrs  (05) Mos  (24) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/03/30 

(Change Discharge to Honorable) 

Issue 1:  I was enlisted in the United States Airforce from November 10, 

1998 till May 4, 2001.  I was discharged for misconduct and my status of 
discharge was Other than Honorable Conditions.  The reason of Discharge was 
Career Development Course (CDC) Failure, and Failure to go.  I failed my CDC's 
twice.  When I failed the second time, I was asked if I wanted to stay in the 
military by my supervisor, SSgt - - - - - - - .  I was told that if I wanted to 
continue my military career, she  (SSgt - - - - -  )  would take the proper steps so 
that I could.  At that time I decided to desist my military careeer (sic).  Upon 
my discharge my Commander decided to discharge me for failure to go.  During my 
time in the military I was sometimes late to work.  In my medical records I have 
documented files where I went to the clinic for a sleeping disorder.  I was put 
on a eating diet to correct the situation.  With that in mind I do not believe 
that my discharge nor my re-entry code is fair.  I also believe that if I was 
given the option of continuing my career, even if its a year later, I should be 
able to do so. 

ATCH 
1. Two Character References. 
2. Neurology Department Sleep Laboratory Questionaire 
3. Medical Documents. 
4. Congressional Correspondence. 

66/13/02  THU 14:18  FAX 202  404  8022 

11  WG  LEGAL  BOLLING  APB  ~b  1- 0/63 ~ 0 3 5  

DEqbARTMENT OF THE AIR FORCE 

I I T H  WING 

MEMORANDUM FOR HQ 1.1 SPTGICC 

FROM:  HQ 11 WGIJA 

20 Mamill Blvd Suite 207 
Bolling AFB DC 20032 

SUBJECT: 

vlew - ,4@ministrative Discharge o 
'3 1 th C~fnmur~ications Squadron, 

1.  I have  reviewed the  referenced AFI  36-3208  action. 
(hereafter "respondentn), is ia  21 year old member who  has been on active duty slnce 
10 November  1998.  The  #I 1 CSICC has  inltiated discharge  proceedings under the 
provisions of AFPD 36-32 and AFI 36-3208, paragraphs 5.26.3  and 5.49,  for failure to 
progress  in  On-The-Job  Training  (OJT)  and  Minor  Disciplinary  Infractions.  The 
respondent was notified of these proceedings on 10 April 2001, consulted counsel, and 
has  not submitted a statement for your consideration.  The file  is legally sufficient to 
support discharge. 

2.  Evldence suppotting discharge: 

a.  On or about 21 August  2000 and on or about 24  October 2000 he failed  his 

Career Development Courso Examination which is required for upgrade training. 

b.  On or about 11 July 2000, he was late for duty.  For this misconduct, he received 
a Letter of Reprimand datecl 12 July 2000.  He was also late for duty three times in the 
previous three months. 

c.  On  or  about  13  Sopternber  2000,  he was  scheduled  to  attend  a  Personal 
Financial Management Cla:;s  which he failed to attend.  He also disobeyed an order 
from hls First Shlrt to not allow people In his dorm room who were discharged from the 
Air  Force for  d n ~ g  use/possession and  barred from  base.  For thls  misconduct,  he 
received a Letter of Reprimirnd dated 15 September 2000. 

d.  On 15 September 2000,  he made a false officlal statement when he asked his 
supervisor to let him go to his bank in Virginia to get money he stated would be used to 
pay his  DPP  bill before the  late  payment  notification.  On  26  September 2000,  hls 
supervisor received a notification from AAFES about an outstanding DPP bill.  To date, 
he  has not provlded his sirpervisor with  a receipt confirming payment.  On or about 
18 October 2000, he repofla to duty twenty-five minutes late.  He was also counseled 
and  reprimanded several times  in four  months for  lateness.  For this misconduct,  he 

06/13/02 

THU 14:19  FAX  202  404  8022 

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3 m 0 3 8  

received a Letter of Reprimand dated 23 October 2000.  This Letter of Reprimand was 
placed in an Unfavorable Information File and he was placed on a Control Roster. 

e.  On or about 31 January 2001,  he was two hours and twenty-five minutes late for 
duty which caused him to  b3 20 rrlinutes late to a scheduled job  for the USAF Band. 
For this misconduct, he received a Letter of Counseling dated 1 February 2001. 

3.  Information on the  Respondent:  'The  respondent  has  one  Enlisted Performance 
Report (EPR) on file.  'The  respondent has been awarded the Air Force Training Ribbon 
and the Outstanding Unit Award. 

4.  Medical Information: The report of medical assessment on the respondent is within 
the package. 

5.  Discharge  Conslderatio~is: This  discharge  action  raises  four  issues  for  your 
consideration:  is the  respondent subject to  discharge;  if .the respondent is  subject to 
discharge, should the respondent be discharged; if discharged, what is the appropriate 
characterization of service;  and whether the  respondent should  be offered Probation 
and Rehabilitation IAW AFI 36-3208 Chapter 7. 

a.  The Respondent is Subject to Discharge:  Under the pmvlsions of AFI 36-3208, 
paragraph  5.49,  an  enlisted  member  is  subject  to  discharge  when  he or  she  has 
engaged  In  a  pattern  of  m~isconduct consisting  of  infractions  that  involve failure  to 
comply with non-punitive regulations or minor offenses under the UCMJ.  Infractions of 
thls  type,  as  a  n~le, result  in informal or formal counseling,  letters of  reprimand,  or 
Article  15 nonjudicial punist~ments. The facts set forth in paragraph 2 above support 
discharge under thls  provision of the AFI.  On at  least five  separate occasions,  the 
respondent engaged In misconduct resutting in a Letter of Counseling and three Letters 
of Reprimand. 

b.  Clnder the pmvision~i of AFI 36-3208,  paragraph 5.26.3,  an enlisted member Is 
subject to  discharge when  he or she  has failed to  progress In On-The-Job  Training. 
A ~ C  
was-given  ample  opportunity  to  study and  prepare  for  his  career 
Development Course.  AIC s u p e r v i s o r  worked ciosely with him reviewing the 
test material.  Despite these measures, ~ l c f a i

the examination twice. 

l e d  

c.  The Respondent Should be Discharged: The  respondent sho~lld be discharged 
because he has demonstrated that he Is unwilling to conform to the standards expected 
of airmen in the United States Air Force.  The respondent has had ample opport~~nity 
to 
conform to military standards after receiving a Letter of Counseling and three Letters of 
Reprimand.  However, the  respondent has blatantly failed on numerous occaslons to 
take  advantage  of  those  opportunities.  Therefore,  the  respondent  should  be 
discharged. 

d.  Appropriate Service Characterization: Under the provisions of AFI 36-3208, the 

-(r6/13/02  THU 14:19  FAX  202  404  8022 

I 
I 

respondent may be discharged with a service characterization of Honorable, General or 
Under Other Than Honorablo Conditions (UOTHC). 

(1)  Under  paragraph  1.18,  a  General  Discharge  is  appropriate  when  the 
member's service has been honest and faithful but is outweighed by significant negative 
aspects  of  the  member's  record.  The  facts  in  this  case  support  a  service 
characterization of General. 

(2) An  Honorable Discharge is given when the  quality of the airman's  servlce 
generally has met Air  Force standards of acceptable conduct and performance of duty 
or when a member's servlce  is otherwise so meritorious that any other characterization 
would be inappropriate.  In this case, an Honorable Discharge is not warranted because 
of the frequency of the resoondent's misconduct, given his 2 years and 2 months on 
active  duty.  There  is  no  evidence  that  the  respondent's  "service  is  otherwise  so 
meritorious that any other ctlaracterization would be inappmpriate." 

(3)  A  UOTHC discharge  is  appropriate  when  the  reason for  separation  is  'a 
significant departure from the conduct expected of ainnan." Such examples include use 
of  force/violence  to  produc:e  serious  bodily [njuriesldeath or  acts  of  omissions that 
endanger the heaithhvelfare of other Air Force members.  In this case, the respondent's 
mlsconduct does not warrant a UOTHC discharge. 

e.  Probation and Rehal~ilitation: Probation and Rehabilitation under the  provisions 
of  Chapter  7  should  not  be  offered  to  the  respondent  in  this  case,  because  the 
respondent has  been giver) ample opportunity (as demonstrated by. the  rehabilitation 
efforts  set  forth  in  paragraph 2  above)  to  show  meet Air  Force standards;  yet,  he 
repeatedly demonstrated ha Is unwilling to meet Air Force standards. 

6.  Options:  You have the following options with respect to this discharge: 

a.  Retain the respondent In the Air Force by returning the package to the Initiating 

commander and terminating the discharge proceedings; or 

b.  Order the separation of the respondent with a General Discharge with or without 

offerlng Probation and Rehrabiiitation; or 

c.  Forward  the  package  to  HQ  11  WG/CC  with  a  recommendation  that  the 

respondent be discharged with an Honorable or UOTHC Discharge. 

'06/13/02  THU l4:20  FAX 202 404 8022 

11 WG  LEGAL BOLLING APB  Fp-2 

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7.  ~ecommendations: The commander recommended you  separate the  respondent 
with  a General Discharge wlthout  Probation and  Rehabilitation.  I agree. This  may be 
accomplished by signing the attached document. 

Attachments: 
1.  Draft Discharge Order 
2.  1 1 CSICC Recommendation 
3.  A1C Richie's waiver, dtd10 Apt 01 
4.  Discharge Package 

DEF'ARTMENT OF THE AIR FORCE 

I I T H  WING 

MEMORANDUM FOR A1 C 

FROM:  11 CSICC 

20 MacDill Bbd Suite 102 
Bolling AFB DC 2032-0403 

SUBJECT:  Notification Menlorandurn 

1.  I am recommending your discharge from the United States Air  Force for Failure to 
progress  in  On-the-Job  Tcaining  (OJT)  and  for  Minor  Disciplinary. Infractions.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, paragraphs 5.26.3  and 5.49.  If 
n ~ y  recommendation is approved,  your  service will  be characterized as  honorable or 
general. 
(general) without probation and rehabilitation. 

I am  recornmer~ding that  your  service  be  characterized  as- 

. 

2.  My reasons for this action are: 

a.  On or about 21 August 2000 and on or about 24 October 2000 you failed your 
Career  Development  Coulse  Examination  which  is  required  for  upgrade  training 
(Atch 1). 

b.  On or about 11 July 2:000, you were late for duty.  You were also late for duty 
three times in three months for which you received verbal counseling and a Letter of 
Counseling.  For this misconduct, you received a Letter of Reprimand dated 12 July 
2000 (Atch 2). 

c.  On or about 13 Septclmber 2000, you were scheduled to attend a Personal 

Financial Management Class which you failed to attend.  You also disobeyed an order 
from your First Shirt to not i~llow people in your dorm room who were discharged from 
the Air Force for drug uselpossession and barred from base.  For this misconduct, you 
received a Letter of Reprimand dated 15 September 2000 (Atch 3). 

, 

d.  On or about 18 Octcber 2000, you reported to duty twenty-five minutes late.  On 

15 September 2000, you made a false official statement when you asked your 
supervisor to let you go to your bank in Virginia to get money you stated would be used 
to pay your DPP bill before the late payment notification.  On 26 September 2000, your 
supervisor received a notification from AAFES about an outstanding DPP bill (Atch 4). 
To date, you have not prov ded your supervisor with a receipt confirming payment.  You 
were also counseled and reprimanded several times in four months for lateness.  For 

66/13/02  THU 1 4 : 0 7   PAX  202  404  8022- 

_

_

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.. 4 

11 WG LEGAL BOLLING AFB m w C & / a  P o 1 4  

 

this misconduct,' you received a Letter of Reprimand dated 23 October 2000 (Atch 5). 
This Letter of Reprimand was placed in an Unfavorable Information File and you were 
placed on a Control Roster (Atch 6). 

e.  On or about 31 January 2001, you were two hours and twenty-five minutes late 

for duty which caused you to be 20 minutes late to a scheduled job for the USAF Band. 
For this misconduct, you received a Letter of Counseling dated 1 February 2001 
(Atch 7). 

3.  Copies of the documenls to be forwarded to the separation authority in support of 
this recommendation are at:ached.  The commander exer  ising SPCM jurisdiction or a 

higher authority will decide whether you will be dischaig C or retained in the Air Force. 

If you  are discharged,  you will be ineligible for reenlistment in the Air  Force and any 
special pay, bonus, or educ:~tion assistance funds may be subject to recoupment. 

4.  You have the  right to  c~unsel. Military legal counsel has been obtained to assist 
for  you  to  consult  the  Area  Defense  Counsel, 
1430 Arnold Avenue,  Andrews AFB MD 20762,  (240) 857-6624 

Captain 

own expense. 

5.  You have been scheduled for a medical examination.  You must report to the Bolling 
AFB  Clinic (Family Practice Section),  Bldg 1300,  at  1620 hours on Tuesday,  10 April 
' 2001 for the examination. 

6.  You have the right to submit a statement on your own behalf.  Any statements you 
want the separation authority to consider must reach me within 3 duty days of receipt of 
this notification, unless you request and receive an approved extension.  1 will send any 
documents you subrnit to the separation authority. 

7.  ' If you fail to consult counsel or to submit statements on your behalf, your failure will 
constitute a waiver of your light to do so. 

8.  Any  personal information you furnish in rebuttal is covered by the  Privacy Act  of 
1974.  A copy of AFI 36-32118,  is available for your use in your orderly room. 

Attachments: 
1.  Memorand~~m 

from Education and Training Flight andAF Form 623a 

TBU 14:07  FAX  202  404  8022 
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11  WG  LEGAL  BOLLING  AFB  Dm7 -D/& 

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. 

2.  LOR, dtd 12 July 2000 
3. LOR, dtd 15 September ;!000 
4.  Letter from AAFES 
5.  LOR, dtd 23 October 2000 
6.  U IF, dtd 27 October 200C 
7.  LOC, dtd 1 February 200'1