AIR FORCE DISCHARGE WVIEW BOARD HEARING RECORD 

NAME OF SERVlCE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AMN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANlUTION 

X  RECORD REVIEW 
ADDRESS AND OR ORGANlZATlON OF COINSEL 

VOTE'OF  THE BOARD 

IION 

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OTHER 

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X 

X 

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EXHIBITS SUBMITIXI) TO THE BOARD 

I 

I 

1 (  ORDER APPOINTING THE BOARD 
2 

APPLlCATlON FOR REVIEW OF DISCHARGE 

3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FLE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXIfiBlTS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE HEARING 

FQRCE RISCHARGE REVIEW BOARD p ~ a s q ~ ~ ~  

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TYPE 
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COUNSEL 
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MEMBERS SITTING 

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4 

: 

L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - I  

ISSUES 
A93.02,  A92.16, A92.22 

INDEX NUMBER 
A67.10 

HEARING DATE 
03-04-09 

CASE NUMBER 
FD2002-0341 

APPLICANT'S  %SUE AND THE B~ARD*S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTAF 

REMARKS 

1  * Change Reason and Authority to Secretarial Authority (SPD: JFF) 
I  + Change RE Code to: 3K 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

rn 

SAFIMIBR w 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781504742. 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

I W R S E M E N T  

I  FROM: 

DATE: 03-04-14 

SECRETARY OF THE AlR 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 NUMREK 

FD2002-0341 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change the  reason  and 
authority for the discharge, and to change his reentry code. 

The  applicant was  offered  a  personal  appearance before  the  Discharge  Review  Board  but  declined  to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The Board grants the requested relief. 

The Board  finds that  neither  the  evidence of record  nor  that  provided  by  the  applicant substantiates an 
impropriety that would justify upgrade of the discharge. However, after a thorough review of the record, the 
Board finds that the applicant's  character of discharge and reason for discharge are inequitable. 

Issues.  The applicant was  discharged with  an under honorable conditions (general) discharge for minor 
disciplinary infractions.  Member had two Letters of Reprimand, four Letters of Counseling, and an Article 
15.  His  misconduct included at  least  six instances of being  late to  work,  one traffic violation,  and  one 
incident of dereliction of duty.  Member now attributes his behavior to immaturity and notes he has grown 
up and overcome the behavior that  led to his discharge.  He notes that the Army National  Guard  allowed 
him  to  enlist  aAer  his  administrative discharge  from  the  Air  Force,  and  was  subsequently allowed  to 
transition to the Air National  Guard.  Now  he desires to return to the  active duty Air  Force.  While the 
Board did not condone applicant's  misconduct, which was a departure from conduct expected of all military 
members,  they  also  noted  applicant  was  not  involved  in  serious  criminal  misconduct.  But  for  these 
offenses, applicant was a satisfactory airman and good citizen, and has continued to be a good citizen since 
his discharge.  Therefore, the Board found sufficient mitigation at this time to render the characterization of 
the discharge received by  the applicant too harsh.  The Board found the evidence submitted by applicant 
sufficient to warrant an Honorable discharge, to change the reason and authority for the discharge, and to 
change the reenlistment code. 

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. 

However, in view of the foregoing findings, the Board also concludes that the overall quality of applicant's 
service is more  accurately reflected by an  Honorable discharge and the reason for the discharge is more 
accurately described as  Secretarial  Authority.  The applicant's  characterization and  reason for discharge 
should be changed to Honorable, and Secretarial Authority; under the provisions of Title 10, USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl  rec'd  a GEN Disch fr USAF 4 Nov 98 UP AFI  36-3208, 
para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharrge, Change to Reentry Code, and Reason for Discharge). 

2.  BACKGROUND: 

a. DOB: 5 Jun 76.  Enlmt Age: 18 9/12.  Disch Age: 22 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-53,  E-73,  G-57, M-63. PAFSC: 2A651A -  Aerospace Propulsion 
Journeyman. DAS: 17 Jan 98. 

b.  Prior Sv: (1) AFRes 24 Mar 95 -  16 Aug 95 (4 Mos 23 Days)(Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enld as AB 17 Aug 95 for 4 yrs. Svd: 3 Yrs 2 Mos 18 Das, all AMS. 

b.  Grade Status:  AMN  -  21 Oct 98 (Article 15, 21 Oct  98) 

A1C -  17 D e c   96 
AMN -  Unknown 

c ,   Time Lost:  None. 

d.  Art 15's:  (1) 21 Oct 95, Ellsworth AFB, SD -  Article 86.  You did, on 

or about 1.5 Oct 98, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Reduction to the grade of AMN, and 10 days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOC, 6 OCT 98  -  Traffic violation. 

LOR,  11 AWG  98  -  Late for work. 
LOC,  29 APR  98 -  Dereliction of duty. 
LOCI 23 APR 98 -  Late for work. 
LOR, 8 APR 98  -  Late fox work. 
LOC, 19 MAR 98 -  Late for work, 
MFR, 15 OCT 95 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: 17 Aug 95 -  16 Apr 97  Spangdahlem AB  4  (Initial) 

17 Apr 97 -  30 Dec 97  Spangdahlem AB  3  (CRO) 

(Discharged from Ellsworth AFB) 

h.  Awards &  Decs:  NDSM, AFOLTR, AFGCM. 

i.  Stmt of S v :   TMS:  ( 3 )   Y ~ s  ( 7 )  Mos  (11) Das 
TAMS:  (3) Yrs  ( 2 )   Mos  (18) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 9 Aug 02. 

(Upgrade Discharge to Honorable, Change Reentry Code, and Reason for 

Discharge) 

Issue: 1-am 

requesting to have my DD Form 214 changed so that 

the reentry code is changed to allow me back into the Air Force.  I also wish to 
to  (sic) have the narrative changed to say other then MISCONDUCT.  I feel that 
when I was discharge  (sic) it was a quick fix to a small and minor problem. 
Being late yes I understand is a problem but I feel that:  it isn't something that 
should have been taken to the measure of discharge.  I have enclosed a letter 
the  (sic) explaines  (sic) what happened durring  (sic) that period of time.  I 
have been talking with my congressman about all this and he has sent me letters 
that will help on my behalf.  I feel that I have grown up enough to be able to 
wake up on time and to do my job to the best of my ability.  Before I was 
discharged form (sic) the Air Force I was a really hard worker and I really 
loved my Job.  Jet engines were the only real thing I liked doing and I was good 
at it.  I feel that I should be allowed back into the Air Force Active Duty 
because I can make a difference and with the fact that First the Army National 
Guard let me enlist and then 2 yrs later the Air National Guard let me back into 
the Air Force.  Please consider all that I have giving  (sic) to you and the 
documents that I have enclosed. 

ATCH 
1. Letter to Review Board. 
2. Congressional Inquiry. 
3. DD Form 214. 
4. Enlistment into the Army National Guard. 
5. Enlistment into the Air National Guard. 

Waiver for Misconduct Army National Guard. 

18 Nov 02 

DEPAR'TIVIENT OF THE AIR  FORCE 

HEADQUARTERS 28fH BOMB WING (ACC) 

ELLSWORTH AIR  FORCE BASE, SOUTH DAKOTA 

MEMORANDUM FOR 28 BWICC 

FROM:  28 BWIJA 

SUBJECT:  Legal Review - Notification Discharge: 

1.  I have reviewed the attached administrative discharge package on ~irrnan- 

2gh Maintenance Squadron, and find it legally sufficient to support discharge. 
8 MXSICC's recommendation to separate Respondent with an under honorable 

conditions (general) discharge without Probation and Rehabilitation (P & R). 

2.  On 26 Oct 98,28 MXSICC initiated this separation action pursuant to AFI 36-3208, 
paragraph 5.49, for misconduct involving minor disciplinary infractions (Tab D).  On 27 Oct 98, 
Respondent waived his right to consult legal counsel and his right to submit statements on his 
own behalf (Tab K). 

3.  The reasons for the proposed discharge action are: 

a.  On 19 Mar 98, Respondent was two and a half hours late for work.  This was not his 

first incident of being late for work.  For this, Respondent received a Letter of Counseling (LOC) 
on 19 Mar 98. 

b.  On 3 1 Mar 98, Respondent was forty minutes late for work.  Also, he was late to work 

on several other occasions during March.  For this, Respondent received a Letter of Reprimand 
(LOR) on 8 Apr 98. 

c.  On 23 Apr 98, Respondent was late for work.  His supervisor called him to awaken 

him at 0705.  At 0730 Respondent arrived at work.  He said his alann was ringing when he 
answered the phone and that he either hit the snooze button or slept through the alarm.  For this 
Respondent received an LOC on 23 Apr 98. 

d.  On 28 Apr 98, Respondent was responsible for cleaning the breakroom.  The 

breakroom was not clean that day, but Respondent was given the benefit of the doubt, due to ORI 
preparation.  On 29 Apr 98, the breakroom was still not clean.  The trash was overflowing, a 
dirty mop and a bucket were left in the corner, and the ping pong table was not set up.  For this 
Respondent received an LOC on 29 Apr 98. 

e.  On 6 Aug 98, Respondent was late for work.  He stated the reason he was late for work 

was that he had used his alarm earlier in the day and reset it for the morning at that time.  He did 
not turn on the alarm when he reset it and then later he forgot to turn it on for the next morning. 
For this Respondent received an LOR on 1 1 Aug 98.  This LOR established his Unfavorable 
Information File (UIF). 

f.  On 10 Aug 98, Respondent was issued a "warning"  Armed Forces Traffic Ticket, DD 
Form 1408, for speeding, specifically for driving 17 miles per hour in a 10 miles per hour zone. 
Also, Respondent was not wearing all appropriate protective gear while operating a motorcycle 
on Ellsworth Air Force Base.  On 9 Sep 98, Respondent was issued an Armed Forces Traffic 
Ticket, DD Form 1408, for speeding, specifically for driving 22 miles per hour in a 10 miles per 
hour zone.  Respondent had 4 points assessed on his driving record for this incident.  For these, 
Respondent received an LOC on 6 Oct 98.  In paragraph 1 of this LOC, the date of the "warning" 
Armed Forces Traffic Ticket, DD Form 1408, was incorrectly cited as 26 Aug 98.  The correct 
date of this "warning"  Armed Forces Traffic Ticket, DD Form  1408, is 10 Aug 98. 

g.  Respondent did, at or near Ellsworth Air Force Base, South Dakota, on or about 15 

October 1998, without authority, fail to go at the time prescribed to his appointed place of duty, 
to wit:  Building 601, Propulsion Flight.  For this, he was punished under Article 15 of the 
Uniform Code of Military Justice (UCMJ) on 21 Oct 98.  Respondent received a reduction to the 
grade of airman, and he was also given 10 days extra duty.  This Article 15 action was added to 
his UIF. 

4.  This case was properly processed under AFI 36-3208, paragraph 5.49, for ~nisconduct 
involving minor disciplinary infractions, and the facts of this case meet the criteria for discharge 
under this paragraph.  Tn  three years of active duty military service, Respondent has compiled a 
record of misconduct which has resulted in four LOCs, two LORs, one Article 15 action, and two 
LJIF entries.  Respondent's pattern of showing up late for work is not consistent with military 
standards.  Respondent's misconduct supports a basis for administrative discharge, and I concur 
with 28 MXSICC's recommendation to discharge him. 

5.  Respondent's service should not be characterized as honorable.  After considering all the facts 
in this case, the negative aspects of Respondent's conduct outweigh the positive aspects of his 
military record, thereby warranting an under honorable conditions (general) discharge. 
Respondent's performance has not "been  so meritorious that any other characterization would be 
clearly inappropriate" as required by AFI 36-3208, paragraph 5.48.4, for an honorable discharge, 
After considering all of the circumstances, I concur with the commander's determination that an 
under honorable conditions (general) discharge is appropriate. 

6. As the separation authority, you must consider Probation and Rehabilitation (P & R). 
However, P & R is not appropriate in this case.  Respondent has received numerous opportunities 
to change his disruptive behavior.  Efforts at rehabilitation have not been effective, and 
Respondent has not shown any willingness to be rehabilitated.  Retaining Respondent in a 
probationary status would degrade the good order and discipline of the unit. 

7.  As -the Special Court-Martial Convening Authority, you may: 

a.  Direct that Respondent be retained;  or 

b.  Direct that Respondent be separated with an under honorable conditions (general) 

discharge, with or without P & R;  or 

c.  Direct that the case be heard by a discharge board if you believe an under other than 

honorable conditions (UOTHC) discharge is appropriate;  or 

d.  Recommend to 8 AFICC that Respondent be separated with an honorable discharge, with 

or without P & R. 

8.  Separate Ainnan Allen , under AFI 36-3208, paragraph 5.49, with an under honorable 
conditions (general) discharge, without P & R. 

, USAF 

Attachment: 
Case File 

D E P A R T M E N T  O F  T H E  A I R   F O R C E  

H E A D Q U A R T E R S  28TH  LOGISTICS  G R O U P  ( A C C )  

E L L S W O R T H  AIR  F O R C E  BASE.  SOUTH  D A K O T A  

2  6  OCT  1998 

FROM:  28 MXSICC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for misconduct involving 
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 
honorable or under honorable conditions (general),  I recommend that your service be characterized 
as under honorable conditions (general). 

2,  My reasons for this action are: 

a.  On 19 Mar 98, you were two and a half hours late for work.  This was not your first 

incident of being late for work.  For this you received a Letter of Counseling (LOC) on 19 Mar 98. 

b.  On 3 1 Mar 98, you were forty minutes late for work.  Also, you were late to work on 

several occasions during March.  For this you received a Letter of Reprimand (LOR) on 8 Apr 98. 

c.  On 23 Apr 98, you were late for work.  Your supervisor called you to wake you up at 

0705.  At 0730 you arrived at work.  You said your alarm was ringing when you answered the 
phone and that you either hit the snooze button or slept through the alarm.  For this you received an 
LOC on 23 Apr 98. 

d.  On 28 Apr 98, you were responsible for cleaning the breakroom.  It was not clean but 
you were in the middle of cleaning so you were given the benefit of the doubt because of the OR1 
preparation.  On 29 Apr 98, the breakroom was still not clean,  The trash was overflowing, a dirty 
mop and a bucket were left in the corner, and the ping pong table was not set up.  For this you 
received an LOC on 29 Apr 98. 

e.  On 6 Aug 98, you were late for work.  You stated the reason you were late for work was 

that you had used your alarm earlier in the day and reset it for the morning at that time.  You did 
not turn on the alarm when you reset it and then later you forgot to turn it on for the next morning. 
For this you received an LOR on 11 Aug 98.  This LOR established your Unfavorable Information 
File (UIF). 

f.  On 10 Aug 98, you were issued a "warning" Armed Forces Traffic Ticket, DD Form 
1408, for speeding, specifically for driving 17 miles per hour in a 10 miles per hour zone.  Also, 

you were not wearing all appropriate protective gear while operating a motorcycle on Ellsworth Air 
Force Base.  On 9 Sep 98, you were issued an Armed Forces Traffic Ticket, DD Form 1408, for 
speeding, specifically for driving 22 miles per hour in a 10 miles per hour zone.  You have 4 points 
assessed on your driving record for this incident.  For this you received an LOC on 6 Oct 98.  In 
this LOC in paragraph 1, the date of the "warning"  Armed Forces Traffic Ticket, DD Form  1408, 
was incorrectly cited as 26 Aug 98.  The correct date of this "warning"  Armed Forces Traffic 
Ticket, DD Form 1408, is 10 Aug 98. 

g.  You did, at or near Ellsworth Air Force Base, South Dakota, on or about 15 October 
1998, without authority, fail to go at the time prescribed to your appointed place of duty, to wit: 
Building 601, Propulsion Flight.  For this you were punished under Article 15 of the Uniform Code 
of Military Justice (UCMJ) on 21 Oct 98.  You received a reduction to the grade of airman.  You 
were also given 10 days extra duty.  This Article 15 was added to your UIF. 

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

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-~rea 
2158, 1000 Ellsworth St, Ste 1700 on  2 d 
counsel at your own expense. 

Defense Counsel, 5- 
93a  hrs.  You may consult civilian 

9s at 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me by 
extension for good cause shown.  1 will send them to the separation authority. 

4 8 ,  unless you request and receive an 

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.  You have been scheduled for a medical examination.  You must report to the Physical Exams 
hrs on  22 k 4  a  98 for the examination. This is a 
Section of the Base Hospital at  073 o 
mandatory appointment and you must be in uniform. 

8.  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 orderly room. 

9.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Supporting documents 
LOC - 19 MN 98 
LOR - 8 Apr 98 
LOC - 23 Apr 98 
LOC - 29 Apr 98 
LOIUUIF - 1 1 Aug 98 
LOC - 6 Oct 98 
Art  15/UIF - 21 Oct 98 
2.  Airman's Acknowledgment