1 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MlDDLE MITIAI.) 

GRADE 

AFSNISSAN 

, yx@'v%$ 

, ,  

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

AMN 

X  RECORD REVIEW 
ADDRESS AND OH ORGANIZATION OF ('OUNSLL 

YES 

I  NO 

I 

I 

I 

MEMBERS SITTING 

HON 

I  GEN 

I UOTHC 

I  OTHER 

1  DENY 

I 

VOTE OF TIlE BOARb 

ISSUES 
A94.05 

INDEX NUMBER 
A67.10 

I ~ E A K I N E  DATF, 
9 Jan 03 

CASE NUMBER 
FD2002-0317 

1 
2 
3 
4 

EXHIBITS SUBMITTKP TO THE BOARD 

I 

ORDER APPOMTMG  THE BOARD 

APP1,ICA'TlON  FOR  REVIEW OF DISCHARGE 

LETTER OF NC)'I*IFICATION 
BRIEF OF PERSONNEL FILE 
I'OUNSEL'S  RELEASE TO 'I'HE BOARD 
ADDITIONAL EXHlBlTS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

I 

TAPE RkCOKDING OF PERSONAL AJJPERANCE HEAKMG 

APPvf ANT'S IsSue aEIo THE BOARD'S DECISIONAL RATIONAL ME DlSCllSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DhClSlONAL  RATIONALE 

r & 

REMARKS 

(  Case heard at Washington, D.C. 

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

I 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

I 

AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

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

Previous edition will be used. 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD02-031 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable. 

The applicant was offered a personal appearance before the Discharge Review Board (DRR) 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 evidence of record nor that provided by the applicant substantiates an inequity 
or impropriety, which would justify  a change of discharge. 

ISSUE:  Applicant contends that his discharge was too harsh and believes there is insufficient evidence of a 
pattern of misconduct.  He also states that his job performance was excellent and his record since discharge 
has been commendable.  He concludes by saying his ability to serve was impaired by his abuse of alcohol 
on his off duty time which  he  attributes to his youth and immaturity.  The record  indicates  the  applicant 
received two Article  15's for stealing and being drunk and disorderly, disrespectful  in  language and using 
provoking words towards  a female.  He also received a Verbal  Counseling  for disregarding  a stop sign, a 
traffic ticket  for  failure  to  stop at  a stop sign, and  a Record  of  Individual  Counseling  for  making  a false 
official  statement.  The  DRB  took  note  of  the  applicant's  duty  performance  as  documented  by  his 
performance  reports  and  other  information contained  in  the records.  They  found  the  significant  negative 
aspects of the applicant's conduct outweigh positive aspects of his military record.  The DRB recognized the 
applicant  was  22  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  then  thc  vast 
majority of first-term members  who properly adhere to the Air Force's  standards  of conduct.  'The Board 
found no  evidence  of any  inequity or  impropriety  on which to  base  a decision  to  upgrade  the  discharge. 
The characterization of the applicant's  discharge was appropriate due to the misconduct. 

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 

I 
l 

1 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH AlC) 

(MISSING DOCUMENTS) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch f r  USAF 01/04/19 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2 .   BACKGROUND: 

a. DOB: 78/08/24.  Enlmt Age: 18 4/12.  Disch Age: 22 7/12. Educ: HS D I P L .  

AFQT: N/A.  A-79,  E-63,  G-66,  M-56. PAFSC: 1C651 -  Space Operator Journeyman. 
DAS: 97/11/21. 

b.  Prior S v :   (1) AFRes  97/01/22 -  97/05/27 (4 months 6 days) (Inactive). 

3 .   SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 97/05/28 for 4 yrs. Svd: 03 Yrs 10 Mos 22 Das, all AMS. 

b.  Grade Status:  AMN -  01/03/12 (Article 15, 01/03/12) 

A 1 C   -  Unknown. 
AMN -  99/05/28 (Article 15, 99/05/28) 
A1C  -  98/09/28 
AMN  -  97/11/28 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 01/03/12, Schriever AFB, CO -  Article 91.  You, on or 
about  17 Feb 01, were disrespectful in language toward 
ssgt - - - - - - -  , a noncommissioned officer, then known to 
you to be a superior noncommissioned officer, who was 
then in the execution of his office by saying to him, 
"Hey dude, I'm not bothering a fucking person in this 
god damned dorm;" "Yeah, whatever man, I still don't 
understand why I gotta fucking turn down my radio;" "1 
don't give a fuck, why do I gotta turn down my music?;" 
"There you go dude, just so some Eucking person can be 
happy, I turned it down," or words to that effect. 
You, on or about 17 Feb 01, were disrespectful in 
language toward TSgt - - - - - - ,  a noncommissioned officer, 
then known to you to be a superior noncommissioned 
officer, who was in the execution of his office by 
saying to him, "What the fuck do you want now?;" "Why 
the fuck are you up here harassing me again;" "What the 
fuck, don't you people have anything better to fucking 
to do then fucking harass me?;" and "Why are you mother 
fuckers harassing me?,It or words to that effect. 

Article 117.  You did, on or about 17 Feb 01, 
wrongfully use provoking words, to wit: "I know it was 
you bitch.  I don't complain when you play your negro 
music," and "Well I hope you're happy you fucking 
bitch," or words to that effect towards AB - - - - - - - .  
Article 134.  You were, on or about 17 Feb 01, drunk 
and disorderly.  Reduction to A m ,  and a reprimand. 
(No appeal) (No mitigation) 

(2) 99/05/28, Schriever AFB, CO -  Article 81.  You did, 

between on or about 1 Feb 99 and on or about 31 Mar 99, 
conspire with A l C   - - - - - -   and A1C  - - - - - -   commit an 
offense under the UCMJ, to wit: larceny of sporting 
goods, of a value of more than $100.00, the property of 
- - - - - ,  and in order to effect the object of the 
conspiracy you did steal sporting goods from - - - - - - - .  
You did, between on or about 1 Feb 99 and on or about 
31 Mar 99, conspire with SSgt - - - - - - ,  SrA - - - - - -  , A1C - 

, and Amn  - - - - - -   to commit an offense under the 
UCMJ, to wit: larceny of sporting goods of a value of 
more than $100.00, the property of - - - - - - -  , and in 
order to effect the object of the conspiracy you did 
steal sporting goods from - - - - - - - .  Article 121.  You 
did, on divers occasions between on or about 1 Feb 99 
and on or about 31 Mar 99, steal sporting goods, of a 
value of more than $100.00, the property of - - - - - - - .  
Reduction to A m ,   forfeiture of $200.00, 45 days extra 
duty, and a reprimand. (No appeal)  (No mitigation) 

e.  Additional: RIC, 15 DEC 00 -  Making a false official statement. 
DD 1048, 01 APR 00 -  Failure to stop at a stop sign. 
VBC, 23 DEC 99 -  Disregarding a stop sign. 

f.  CM:  None. 

g.  Record of SV: 97/05/28 -  99/01/29  Schriever A F B ,   5  (Initial) 

99/01/30 -  00/01/29  Schriever AFB  3  (AnnualIREF 
00/01/30 -  00/06/15  Schriever AFB  5 
00/06/15 -  01/04/05  Schriever AFB  2  (HAF  Dir)REF 

(CRO) 

(Discharged from Schriever AFB) 

h.  Awards &  Decs:  AFTR, AFOUA, AFGCM. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (02) Mos  (28) Das 
TAMS: (03) Yrs  (10) Mos  (22) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/07/22, 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Two Letters of Reference. 
3 .   College Transcript. 
4. Record of Nonjudicial  Punishment, 12 Mar  01. 
5 .   Two Enlisted Performance Reports. 

To: 

Discharge Review Board 

Date: 

July 22,2002 

Re: 

Application for the Review of Discharge or Dismissal from the Armed Forces of the United 

States 

Dear Ladies and Gentlemen of the Review Board, 
I would like to apply for your review of my discharge from the Air Force.  I received a General 
Discharge (under honorable conditions).  I wauld like to apply to the Board to cbange my discharge 
to an honorable discharge.  I was discharged one month prior to my normal ETS.  Below is a 
summary of the basis of my application: 

1.  I showed potentid for further sentice. 
In AFI36-3208, Section 5.1 states, "Commanders and supenkors identlfy airmen who show a 
likelihood for early separation.  They should make reasonable efforts to help these airmen meet Air 
Force standards.  Airmen who do not show a potential for further service should be discharged."  It 
is my contention that I did in fact show a potential for further service as evidenced by 
to the Fksponse to Discharge notification, letters from two officers in my  section and 
-wn 

- states the following in Item 6 at the back sheet, "You are hereby reprimanded. 

words in the Article 15. 

In the attached record of nonjudicial punishment pmceahgs dated 6 March 2001 issued by- 

I am very disappointed in you to say the least.  On 17 Feb 01, you exhibited a serious lack of 
judgement and maturity. I am proud of my  squadron and its reputation.  You have damaged that 
reputation by your unprofessional conduct.  You are in a career field that requires the maintenance 
of the bighest standards of pwsonal conduct a d  behavior.  Ifyou want to remain in this careerfield 
and progress, you had better take this opportunity to reexamine your judgement  and behavior and 
ensure this is an isolated incident. " From this statement, I would infer that if I wmted to remain in 
this career field I would be given the opportunity to change my behavior and prove this was an 
isolated incident.  This Article 15 was issued on 19 Mar 01 and I was notilied on 10 Apr 01 that I 
was to be discharged for mimnduct (minor disciplinary infractions).  In my attached statement of 
r a p s e  to Discharge Notification Memorandum dated 12 April 01, I stated that it is my intention 
to continue my  military career in the National Guard.  I believe I had potential for further service 
and so did my direct superiors as evidenced by their following statements: 

In the attached letter dated 8 Mar 0 lfmm 
given the opportunity to take pitive steps in addressing his alcohol problem he and the United 

he states, " I believe that -s 

States Air Force will be better for it. 
it." 

not in my section I would be the worse for 

July 22,2002 

In the attached letter dated 18 Apr 01 from 
gotten himself into with (he event 

 
the incident and believe it was directly related to an alcohol problem.  Given the o p p o r t u n i m  
can and will overcome this p r o b l e m , ~ l l  has a astrong desire to serve his m t r y  whether it is 
on active duty or in the -&-National  Guard.  It is my recammendation that you consider the 
responsible acts of AICi 

Mated to his job performance and consider upgrading his discharge." 

e states, "I am fully aware of the trouble 
in February.  I spoke w i m t

L - - - - - - J  

2.  There is insufficient evidence of a pattern of misconduct. 

In Section 5.49, Minor Disciplinary Infractions of AFI36-3208 
makes an Airman subject to discharge.  The record of miscondu 
following: - 
a. 
for a value of $100.  (A fellow airman WOW 
"discounts " to approximately 50 friends.  I used very poor judgement in accepting this 
"discount". 
b. 

On 16 Dec 99, I received a W c  ticket for fhlure to stop at a stop 

On 21 May 99, I received an Article 15 for larceny of sporting goods 

at a sporting goods store and off& 

sign. 

c. 
d. 

e. 

statement about recurring training. 

conduct. 

On 1 Apr 00, I received a W c  ticket fox failure to stop at a stop sign. 
On 15 Dec 00,I received a counseling statement for making a false 

On 9 Mar 01, I received an Article 15 for drunk and disorderly 

1 would submit that the two article 15s, two traffic tickets and one counseling statement do not show 
a pattern of misconduct. The incidents were unrelated and occurred wer a 4-year period. 

3.  Job performance was excellent. 

In the letters provided by 
job performance was 

4.  My record since my discharge has been commendable 

I have enrolled at Wake Technical Institute in Raleigh, NC and have received an excellent grade 
average.  Attached is my transcript of my first semester. 

5.  My ability to serve wm impaired by outside cirmmstances as described below: 

I abused alcohol on my off duty time which I attribute to my youth and hmatwity and the prevalent 
culture of drinking in the barracks.. I did not realize at the time that alcohol was impairing my 
judgement and becorning a serious problem.  In 
a& 
suicide of my best friend and section colleague 
bewme a means to mpe. 

problem &ted 
I believe alcohol abuse 

the 

Conclusion 

2 

I realize that as to the issue of equity for my discharge, I am not privy to information regarding 
discharge for 0 t h  service members due to similar circumstances.  However, I cannot help but 
woader if my ETS date of 27 May 01 influenced the decision of the commander to not afford me the 
"masonable efforts to help airmen meet Air Force standards" (i.e. alcohol  treatment program and 
opportunity to change my behavior) as he knew I was not going to reenlist for active duty.  The 
question of fairness could be considered in the hypothetical situation of my having one or two years 
of service left instead of 4 weeks.  I served 3 years and 11 months.  Would I bave been treated the 
same and discbarged early or would I have been given the opportunity to, a 
"remain in this cafeer field and progress, reexamine my judgement and ensure this was an, isolated 
incident"?  His statements and then subsequent action seem contradictory.  I was not given the 
opportunity and the only conclusion I can make is he was aware of my intent to not re enlist and 
wanted to punish me further by not allowing me to receive and honorable discharge.  I would like 
the oppomnity of continuing my senice in the Air Force National Guard.  By not having rn 
honorable discharge, I am prevented from enlisting. 

d, 

I have attached my evaluations and record documents to show you that I did not deserve to be 
discharged from the Air Force in this manner.  I am proud of my service and would appreciate the 
opportunity of serving in the National Guard. I appeal to you to change this discharge to an 
honorable one. 

I want to thank you for your consi&ration of this matter. 

MEMORANDUM FOR 50 SWICC tL 

FROM: 50 SWIJA 

2 10 Falcon Parkway, Ste 2 104 
Schriever AFB CO  809 12-2 104 

I have reviewed the administrative discharge action pertaining to 

1. 
(respondent), 241 -57-0302, for legal suficiency.  There has been substantial compliance with the 
applicable substantive and procedural provisions of AFI 36-3208.  This action was initiated on 
10 Apr 01 to administratively separate respondent from the United States Air Force pursuant to 
AFI 36-3208, chapter 5, section H, paragraph 5.49, misconduct (minor disciplinary infractions). 
The statutory basis for this action is 10 U.S.C.  6 1169 and a legal review is required by 
AFI 36-3208, paragraph 6.12.1. 

2.  The recommendation for discharge is based upon the information contained in paragraph 2 of 
the notification memorandum.  The notification memorandum alleges that-violated 
Articles 8 1,9 1, 1 17 and 134 of the Uniformed Code of M i l i t q  Justice, made two traffic 
violations, and made a false official statement. In my opinion, there is suficient misconduct in the 
current enlistment to form a basis for discharge. 

3.  The respondent is 22 years old and enlisted on 28 May 97 for a term of 4 years, and has a 
total of 3 years and 1 1 months active service.  After consulting with the Area Defense Counsel, 
the respondent has submitted a statement for your consideration. 

4.  Errors and Irregularities:  There are no errors or irregularities that prejudice respondent or 
deprive him of any substantial rights. 

5.  As Discharge Authority, you are empowered to: 

a.  Approve the discharge and issue a general discharge certificate; 

b.  Recommend an honorable discharge and forward the case file to 14 AFICC for 

disposition; 

c.  Approve a general discharge, but suspend its execution for a period of up to one year 

for probation and rehabilitation; 

MASTER OF SPACE 

d.  Order respondent to be retained in the Air Force. 

6.  Based on the misconduct, from the current enlistment referred to above, the recommended 
service characterization of a general discharge is appropriate.  Finally, there does not seem to be 
any reasonable expectation of rehabilitation for the respondent that would warrant probation and 
rehabilitation.  He has been given numerous attempts to improve his conduct without 
improvement. 

7.  I recommend you direct respondent be separated from the United States Air Force with a 
general discharge without probation and rehabilitation and that paragraph 5.49 be cited as the 
basis for this action.  A general discharge is appropriate when significant negative aspects of the 
member's conduct outweigh positive aspects of his military record.  AFI 36-3208, paragraph 
1.1 8.2.  Moreover, respondent's history of misconduct shows a stubborn resistance to comply 
with the law and Air Force Standards.  Probation and rehabilitation is inappropriate because of 
respondent's continued and repeated improper conduct despite attempts at correction. 

8.  Please contact me at 567-5050, if you have any questions or need additional information. 

MEMORANDUM FOR 

FROM:  4 SOPS/CC 

SUBJECT:  Notification Memorandum 

SOPS (AFSPC) 

1.  I am recommending your discharge from the United States Air Force for misconduct (minor 
disciplinary infractions).  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.49.  If my recommendation is approved, your service will be characterized as 
general. 

2.  My reasons for this action are: 

a.  Between on or about 1 Feb 99 and on or about 3 1 Mar  99 vou violated Article 8 1. 

Jumbo Sports.  For these offenses you received -&-~rticle 15 with reduction to the grade of 
Airmen, forfeiture of $200.00 pay per month for 2 months and 45 days extra duty.  (atch 1 a) 

b.  On or about 16 Dec 99, at or near Colorado Springs, CO, you received a Uniform 

Summons and Complaint or Penalty Assessment for disregarding a stop sign.  For this offense 
you received verbal counseling from your squadron First Sergeant on 23 Dec 99.  (atch 1 b) 

c.  On or about 1 Ap 
Forces Traffic Ticket from 
stop at a stop sign.  (DD Form 1048, atch lc) 

, CO, you received an Armed 
ecurity Forces, for failure to 

d.  On or about 15 Dec 00  you made a false official statement about your December 

recurring training.  For this offense you received a Record of Individual Counseling.  (AF Form 
174, atch Id) 

Article 15 with reduction to the grade of Airman (E-2). An Unfavorable Information File was 
established on 6 Apr 0 1.  (atch 1 e) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force and, if 
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. 

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 the Area Defense Counsel at Peterson AFB CO 
on 11 Apr 01 at 1300 hours.  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 within 3 workdays from the date you receive this 
memorandum of notification 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.  It has been noted that you have already been seen by Peterson AFB Flight Medicine clinic on 
26 Feb 01 at 1440 hrs for your medical examination. 

8.  You must report to MPF Separations immediately to receive a briefing. 

9.  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 your unit orderly room. 

Attachments: 
1.  Derogatory Data: 

a.  Article 1 5,2 1 May 99 
b.  Uniformed Summons & Complaint or Penalty Assessment, 16 Dec 99 
c.  DD Form 1408,l Apr 00 
d.  AF Form 174,15 Dec 00 
e.  Article 1 5,6 Mar 01 & UIF 6 Apr 01