~ A M E  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

I  GRADE 

I  AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

COUNSEL 

NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

X  RECORD REVIEW 
ADDRESS AND OR ORGANIZATION O F  COUNSEL 

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,., 

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MEMBERS SITTING 

ISSUES 
A94.05 

HEARING DATE 
7 JAN 03 

INDEX NUMBER 
A67.10 

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CASE NUMBER 
FD2002-0329 

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VOTE OF THE BOARD 

HON 

I  GEN 

I  UOTHC 

I  OTHER 

DENY 

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EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING THE BOARD 

APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS  SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

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APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE 

RKMAKKS 
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. 

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TO: 

SAFMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

FROM: 

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DATE:  7 JAN 03 

1 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3*  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 

FD02-0329 

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 evidence of record nor that provided by  the applicant substantiates an inequity 
or impropriety, which would justify  a change of discharge. 

ISSUE:  Applicant does not contest his discharge.  He merely states that he did not have a great enlistment 
and his short career was plagued with negativity and bad decisions.  He now believes his life has changed a 
great deal since all of the negativity and he is now married and has a son.  The record indicates the applicant 
received  two  Article  15's.  The first one for  consuming  alcohol while  underage,  wrongfully  possessing  a 
military  identification  card  and  then wrongfully  disposing  of that card by  cutting  it  up and putting  it  in a 
dumpster.  The second one for disobeying a lawful order to not drive his vehicle anywhere on Eglin AFB 
for two years.  In addition, he also received three Letters of Reprimand for failure to go, failure to turn in a 
volume  of  his  CDCs,  and receiving  a  speeding  ticket  while  driving  on a  suspended  license.  The  Board 
opined  that  through  these  administrative  actions,  the  applicant  had  ample  opportunities  to  change  his 
negativelrepetitive behavior.  The Board found no evidence of any inequity or impropriety on which to base 
a decision to upgrade the 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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former A1C)  (HGH A1C) 

MISSING  MEDICAL  RECORDS 
- 

1.  MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 01/08/10 UP AFI 36-3208, 
para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2 .   BACKGROUND: 

a. DOB: 79/02/13.  Enlmt Age: 19 3/12.  Disch Age: 22 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-36,  E-41,  G-42,  M-44. PAFSC: 3E231 -  Pavements &  Construction 
Equipment Apprentice. DAS: 99/01/01. 

b.  Prior Sv: (1) AFRes 98/06/09 -  98/07/07 (29 days) (Inactive). 

3 .  

SERVICE  UNDER  RFVIEW: 

a.  Enlisted as AB  98/07/08 for 4 yrs. Svd: 03 Yrs 01 Mo 03 Das, all AMS. 

b.  Grade Status:  A1C -  01/01/26 
AMN -  99/01/08 

c.  Time Lost:  None 

d.  Art  15's:  (1) 01/07/02, Eglin AFB, FL -  Article 92.  You, having 
knowledge of a lawful written order issued by Colonel - 
- - - - - -  , to wit: not to drive your privately owned 
vehicle anywhere on Eglin AFB, Florida, or any other 
military installation for two(2) years from 7 Oct 99, 
an order which it was your duty to obey, did, on or 
about 27 May 01, fail to obey the same by wrongfully 
driving your privately owned vehicle on Eglin AFB, 
Florida.  Suspended reduction to A m ,  forfeiture of 
$150.00 pay per month for 2 months, and a reprimand. 
(No appeal) (No mitigation) 

(2) 99/11/18, Eglin AFB, Florida -  Article 92.  You, who 
knew of your duties between on or about 23 Apr 99 and 
on or about 1 Sep 99, were derelict in the performance 
of those duties in that you willfully failed to refrain 
from consuming alcohol while underage, as it was your 
duty to do.  Article 134.  You did, between on or about 
23 Apr 99 and on or about 25 May 99, wrongfully possess 
a military identification card, then well knowipg the 
same to be false.  You did, between on or about 23 Apr 
99, and on or about 25 May 99, wrongfully dispose of by 
cutting up and putting in a dumpster a military 

identification card, then knowing the same to be false. 
Suspended reduction to AB, forfeiture of $250.00 pay per 
month for 2 months.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 14 MAR  00 -  Failure to go. 

LOR, 18 JAN 00 -  Failure to turn in first volume of CDCs. 
LOR, 27 OCT 99 -  Traffic violation. 

f.  CM:  None. 

g.  Record of SV: 98/07/08 -  00/03/07  Eglin AFB  2  (1nitial)REF 

00/03/08 -  01/01/26  Eglin AFB  3  (Cmdr Dir) 

(Discharged from Eglin AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (03) Yrs  (02) Mos  (02) Das 
TAMS: (03) Yrs  (01) Mos  (03) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/07/28. 

(Change Discharge to Honorable) 

Issue 1:  I must be very honest; I did not have a great enlistment in the 
United States Air Force.  My short career was plagued with negativity and bad 
decisions.  However, my life has changed a great deal since all of the 
negativity.  I am now married and have a son.  My focus is different and so is 
my attitude.  I am currently pursuing an Associate's (sic) Degree at a local 
college . 

During my time in the military, I did have some bright moments.  My 
accomplishments included the Best Operator Award at the Regional Equipment 
Operators Training School in Pennsylvania in 1999.  The award came in 
conjunction with a grade of 99, the highest grade in the class.  I have also 
received numerous sports awards for basketball including participation on the 
1999 AFMC Championship team, a 2001 AFMC All-Star selection, and an opportunity 
to try out for the All-Air Force Team. 

I know that the man I am now could be a great contributor to the United States 
Air Force.  I ask you to please consider upgrading my discharge to Honorable.  I 
would like to serve my country as a member of the United States Air Force 
Reserves.  Thank you for your time and favorable consideration in this matter. 

ATCH 
1. Memorandum For Discharge Review Board. 
2. Four Character References. 
3 .  DD Form 214  (Member 4 )  . 

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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR ARMAMENT CENTER (AFMC) 

EGLlN AIR FORCE BASE. FLORIDA 

MEMORANDUM FOR 96 

FROM:  AACIJA 

'ew, AFI 36-3208 Administrative Dischar 

796 CES (AFMC) 

1.  LEGAL SUFFLCIENCY:  I have reviewed the attached discharge package o 
(respondent) and find it legally sufficient to support an administrative discharge action for misconduct, 
specifically minor disciplinary infractions, under AFI 36-3208, chapter 5, section H, paragraph 5.49. 

2.  INITIATION OF ACTION:  On 23 Jul01-796 
respondent that he was recommending the respondent be administratively discharged for minor 
disciplinary inhctions under AFl36-3208, chapter 5, section H, paragraph 5.49- 
recommends that the respondent receive a general discharge without probation and rehabilitation (P&R). 
The respondent is not entitled to an administrative discharge board. 

CESICC, notified the 

3.  EVIDENCE CONSIDERED FOR THE GOVERNMENT:  The respondent has served in the Air 
Force since 8 Jul98 and arrived at Eglin AFB on 1 Jan 99.  Since that time, the respondent has amassed 
the following administrative actions:  On 15 Sep 99 the respondent received a speeding ticket on Eglin Air 
Force Base, Florida while driving on a suspended license.  For this incident, the respondent received a 
Letter of Reprimand dated 27 Oct 99.  Between on or about 23 Apr 99 and on or about 1 Sep 99, the 
respondent consumed alcohol while underage.  Also, between on or about 23 Apr 99 and on or about 25 
May 99, the respondent possessed an altered military identification card which he later cut up and disposed 
of in a dumpster.  For these incidents, the respondent received an Article 15, dated 18 Nov 99.  On 14 Jan 
00, the respondent failed to turn in his first volume of set B of his CDCs to his supervisor, which he knew 
was due.  For this incident, the respondent received a Letter of Reprimand, dated 18 Jan 00.  On 10 Mar 
00, the respondent failed to report to mandatory shop physical training and did not report to his duty 
section on time.  The respondent, when he was finally located in his dorm room, lied and said he was on 
quarters when he was not.  For these incidents, the respondent received a Letter of Reprimand, dated 14 
Mar 00.  On or about 27 May 01, the respondent was found driving his POV on Eglin Air Force Base, 
Florida, while knowing that his base driving privileges had been suspended on 7 Oct 99 for a period of 2 
years.  For this incident, the respondent received an Article 15, dated 2 Jul01.  Copies of the supporting 
documents are attached to the notification memorandum (Tab 1). 

4.  EVIDENCE CONSIDERED FOR THE RESPONDENT:  The respondent was advised of his 
rights to counsel and to submit statements for your consideration.  After consulting counsel, the 
respondent submitted a statement for your consideration (Tab 3). In his statement, the respondent 
requests probation and rehabilitation.  In the alternative, if discharge is approved, he requests an 
honorable service characterization.  He disputes the validity of two of the letters of reprimand.  He says 
that his CDCs were not due on  14 Jan 00 and that he had a medical excuse for missing physical training 
and reporting late for duty on 10 Mar 00.  Furthermore, he asks that you review his response to the 

Article  15 dated 2 Jul01.  He describes the offenses associated with his suspended driver's  license and 
revoked base driving privileges as  injustice. 

5. DISCUSSION: 

a.  Sevaration Criteria:  As stated above, this file is legally sufficient to support a discharge action 

pursuant to AFPD 36-22 and AFI 36-3208, chapter 5, section H, paragraph 5.49.  Pursuant to this 
paragraph, an airman may be administratively discharged if he has engaged in a pattern of misconduct 
consisting solely of minor disciplinary infractions.  Minor disciplinary infi-actions would include failure to 
comply with nonpunitive regulations or minor offenses under the UCMJ and usually result in informar or 
formal counselirigs, letters of r 
has engaged in numerous insta 
Reprimand and two Article 15 
against him.  The commander 

es under the UCMJ and 
ven an opportunity to res 
sponse submitted and found 

icle 15 nonjudicial punishments.  In this case 

d in the letters of reprimand and the Article 15s.  There is ample evidence of misconduct in 
e to warrant this discharge action. 

b.  Characterization of Discharge: Discharge under paragraph 5.49 can be described as under other 

than honorable conditions (UOTHC), general, or honorable.  Only the General Court-Martial Convening 
Authority can approve a UOTHC or honorable service characterization for misconduct.  A UOTHC 
discharge is appropriate when there has been a pattern of behavior or one or more acts or omissions that 
constitute a significant departure from the conduct expected of airmen.  A general discharge is 
warranted when an airman's  service has been honest and faithful, but significant negative aspects of the 
airman's performance of duty outweigh positive aspects of the airman's military record.  An honorable 
discharge would be appropriate when the member's service generally has met Air Force standards of 
acceptable conduct and performance of duty or when a member's  service has been so meritorious that 
any other characterization would be clearly inappropriate. 

c.  Recommended Characterization of Discharge: If discharge is approved, the respondent requests an 

the GI Bill and VA benefits are a benefit that 

honorable discharge so he can get his Montgomery GI Bill and some of his VA benefits.  The 
Montgomery GI Bill requires an honorable discharge.  VA benefits remain virtually the same with an 
honorable or general discharge characteri 
members receive for meritorious service. 
receive a discharge characterization of ho 
characterization should reflect the quality 
as it would, for all intents and purposes, excus 
e a n k ,
 age, and length of service, I do not recommend that he 
worst type of administrative discharge authorized.  Without a doubt 
that outweighs 
significant negative aspect of 
record.  Therefore, I concur WI 
commendation tha 
discharge. 

ad meritorious service and he should not 
so he can get the GI Bill.  Instead, the discharge 

onorable discharge would be inappropriate 
misconduct.  However, consideringllllll 

THC, which is the 
misconduct is a 

ects of his military 
ceive a general 

d.  Probation & Rehabilitation (P&R):  The respondent is eligible for P&R under AFI 36-3208, 

Chapter 7.  P&R is limited to deserving cases, including those where the airman has demonstrated a 
potential to serve satisfactorily, has the capacity to be rehabilitated for continued military service or for 
completion of the current enlistment, or whose retention on active duty in a probationary status is 

consistent with the maintenance of good order and discipline in the Air Force.  However, I do not believe 

good candidate for P&R.  Instead of accepting responsibility for his misco 
lain why he should be excused for violating Air Force rules and standards. 
unwillingness to comply with Air Force rules and stan 
is an appropriate candidate for P&R.  Based on his servlce rec 

his inability to accept responsibility for his misconduct, I agree. 

6.  OPTIONS:  As the Special Court-Martial Convening Authority in this case, you have the following 
options: 

a.  Disapprove the discharge action and retain the respondent; 

b.  Approve the discharge action and separate the respondent with a general discharge, 

with or without P&R; 

c.  Return the file to the unit with a recommendation to reinitiate the case with a 

recommendation for a UOTHC discharge; or 

d.  Forward to the General Court-Martial Convening Authority the respondent's case file, along with 

your recommendation that the respondent receive an honorable discharge, with or without P&R. 

7.  RECOMMENDATION:  For the reasons set forth above, I recommend the respondent be discharged 
fiom the United States Air Force under AFPD 36-32 and AFI 36-3208, chapter 5, section H, paragraph 
5.49, with a general discharge, without P&R. 

I have reviewed the attached discharge package and 
recommendation. 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 96TH AIR  BASE WING (AFMC) 

EGLlN AIR  FORCE BASE, FLORIDA 

MEMORANDUM FO 

FROM:  796 CESICC 

SUBJECT:  Notification Memorandum 

796 CES (AFMC) 

JUL 2 3 2001 

1.  I am recommending your discharge from the United States Air Force for Misconduct, 
specifically Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32 and AFI 
36-3208, chapter 5, section H, paragraph 5.49.  If my recommendation is approved, your service 
will be characterized as honorable, general, or under other than honorable conditions.  I am 
recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 15 Sep 99, you received a speeding ticket on Eglin Air Force Base, Florida, and were 

also found to be driving on a suspended license.  For this incident, you received a Letter of 
Reprimand, dated 27 Oct 99.. 

b.  Between on or about 23 Apr 99 and on or about 1 Sep 99, you were derelict in the 

performance of your duties in that you willfully failed to refrain from consuming alcohol while 
underage, as it was your duty to do.  Also, between on or about 23 Apr 99 and on or about 
25 May 99, you wrongfully and knowingly possessed a false military identification card.  Finally, 
between on or about 23 Apr 99 and on or about 25 May 99, you wrongfully disposed of the false 
military identification card by cutting it up and putting it in a dumpster.  For these incidents, you 
received an Article 15, dated 18 Nov 99. 

c.  On  14 Jan 00, you failed to turn in the completed first volume of set B of your CDCs to 

your supervisor, which you knew was due.  For this incident, you received a Letter of Reprimand, 
dated  18 Jan 00. 

d.  On 10 Mar 00, you failed to report to mandatory shop physical training and failed to report 

to your duty section on time.  When you were finally contacted, you lied about being placed on 
quarters.  For these incidents, you received a Letter of Reprimand, dated 14 Mar 00. 

or about 27 May 01, you, having knowledge of a lawfbl order issued by- 
to wit:  not to drive your privately owned vehicle anywhere on Eglin Air Force Base, 
Florida, or any other military installation for 2 years from 7 Oct 99, failed to obey the same by 
driving your privately owned vehicle on Eglin Air Force Base.  For this incident, you received an 
Article 15, dated 2 Jul 0 1. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 

Global  Power  For  Ameri ca 

recommendation are attached.  The commander exercising 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.  Special pay, bonuses, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult counsel.  Mili 
I have made an appointment for you to consult 
24 Jul01, at 1030 hours.  You may consult ci 

counsel has been obtained to assist you. 
lding 45 1,882-41 85, on 
expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays from today 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 on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You will complete a medical examination with the 96th Medical Group, physical examination 
section, o

\LL\ 0 t at  (7 '7 1 5  hours. 

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8.  You have been scheduled for an appointment with the 96th Mission Support Squadron, 
separations section, on 24 Jul01, at 1409 hours. 

9.  Immediately after completion of your 96th Mission Support Squadron separations section 
briefing, report to the 96th Traffic Management Ofice with your completed AFDTC Form 41 34 
or LGlT Oflice Form B 1 33.  1f you have a TMO pickup, it must be before 

10.  You are required to receive a briefing fiom the Family Support Center prior to your 
separation.  You have been scheduled to receive your Transition Assistance Management 
Program (TAMP) briefing on 24 Jul 01, at 0800 hours. 

1 1.  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. 

compander, 796 CES 

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i -/'  e; 

Attachments: 
1.  Supporting Documents 
1 a.  LOR, dated 27 Oct 99 
lb.  Art  15, dated  18 Nov 99 
1 c.  LOR, dated 18 Jan 00 
1 d.  LOR, dated 14 Mar 00 
1 e.  Art  15, dated 2 Jul01 
2.  Airman's Acknowledgment