I 

I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF2SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

I  GRADE 

I  AFSNISSAN 

SRA 

TYPE 
GEN 
COUNSEL 

YES 

I N 0  
X 

PERSONAL, APPEARANCE 

NAME OF COUNSEL AND OR ORCANI7ATII)N 

X  RECORD REVIEW 
AbURESS AND OR ORCANILA rlON OF COUNSFI, 

MEMBERS SITTING 

HON 

GEN 

IIOTIIC 

OTHER 

DENY 

VOTE OF THE ROARD 

I 

J 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

ISSUES 
A92.36,  A92.21, A67.01 

1 

INDEX NUhlBER 
A67.90 

I 

HEARING DATE 
03-03-25 

X* 

X* 

X* 

X* 

X+ 

EXHlBITS SUBMI ITED TO THE BOARD 

ORDER APPOINTWG THE BOARD 

1 
2  1  APPLlCATlON FOR REVIEW OF DISCHARGE 
3  LETTER OF NOTTFlCATlON 
4  BRIEF OF PERSONNEL FlLE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMIITED AT  TIME OF 
PERSONAL APPEARANCE 

+Change Reason and Authority to Secretarial Authority. 

*Change Reason and Authority to Minor Disciplinary Infractions. 

Case heard at Washington, D.C. 

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

L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - ~ - - r - - ~ - e - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , - - - - - - - - - - - - - - - - - - - - - -  

I/ 

TO: 

1  / 
'P 

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

LNDORSEMENT 

I  FROM: 

- -  - 

DATE:  03-03-25 

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

FD2002-0363 

GENEFUL:  The applicant appeals for upgrade of discharge to honorable, and to change the reason  and 
authority for his discharge to "early  separation.". 

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:  Upgrade of discharge is denied.  Reason  and  authority  for discharge  are changed to  more 
accurately reflect the basis f'or member's discharge. 

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any. 

Issues.  Applicant was discharged for misconduct, conduct prejudicial to good order and discipline.  He had 
three Letters of Reprimand, a Letter of Admonishment, and at least one verbal counseling.  There was also a 
Memo for Record documenting misconduct.  This misconduct included writing 29 bad checks totaling more 
than $1,000.00, failing to complete task certification training, failing to have the required shots for mobility 
on two  separate occasions, failing to  have the  correct uniforms for mobility once, failing to maintain his 
base housing yard, and living in base housing for 8 months after his family had departed.  Additionally, the 
record review revealed that member was on the Weight Management Program.  The Board noted that when 
his misconduct occurred, member was the same age as other airmen who had  adhered to the standards and 
he knew right from wrong, so he was held  accountable for his actions.  The Board surmised that although 
member's  misconduct was a departure from the standards expected of airmen, it didn't  rise to the level of 
serious misconduct that would warrant the reason and authority for his discharge to be "conduct prejudicial 
to good order and discipline."  Therefore, the Board determined the basis for member's  discharge would be 
better portrayed as "minor  disciplinary infractions."  Except for changing the reason  for discharge in this 
way, the Board could find no wrongful action by the Air Force, nor an inequity or impropriety on which to 
base an upgrade. 

The  applicant  submitted  some  documents  regarding  his  post  service  conduct  consisting  of  a  college 
transcript,  employee perfbrmance  evaluations  and  training  certificates,  and  a  certificate  of  appreciation. 
While the Board commends member on his post-service conduct and notes it may be an improvement from 
that while he served in the military, it does not pertain to the period of service under review and does not 
offer a basis on which to warrant an upgrade. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was essentially 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 characterization of discharge should not be changed.  However, 
the board  further  concludes  that  the  reason  and  authority  for discharge  is more  accurately  described  as 
minor disciplinary infractions, thus the applicant's  reason and authority for discharge should be changed to 
minor disciplinary infractions under Title 10, USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REWIEW BOARD 

ANDREWS AFB,  MD 

(Former SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF 8 DEC 89 UP AFR 39-10, 
para 5-47b (Pattern of Misconduct  -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge and to Change the Reason and 
Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Jun 6 5 .   Enlmt Age: 20 3/12.  Disch Age: 24 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-80,  E-72,  G-66,  M-80. PAFSC: 45550A -  Photographic and Sensors 
Maintenance Specialist. DAS: 13 April 87. 

b.  Prior S v :   (1) AFRes 27 Sep 85 -  11 Jun 86  (8 months 16 days) (~nactive). 

3.  SERVICE UNDER R E V I m :  

a.  Enlisted as A m  12 Jun 86 for 4 y r s .   Svd: 3 Yrs 5 Mo 27 Das, all A M S .  

b.  Grade Status:  SrA -  12 Sun  89 
AZC  -  12 Apr 87 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 14 NOV 89 -  Financial irresponsibility. 

LOR, 14 NOV 89 -  Dereliction of duty. 
LOR, 28 AUG 89 -  Dereliction of duty. 
LOA, 21 AUG 89 -  Dereliction of duty. 
MFR, 21 JUN 89 -  Violation of housing regulations. 
9 AMS/MALE LTR, 10 NOV 88 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: 12 Jun 86 -  14 Aug  87  Beale AFB  9  (Annual) 

15 Aug 87 -  14 Aug 88  Beale AFB  8  (Annua1)REF 
15 Aug 88 -  14 Aug 89  Beale AFB  8  (Annual) 

(Discharged from Beale AFB) 

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

i.  Stmt of Sv:  TMS:  (4) Yrs  ( 2 )   Mos  (12) Das 
TAMS: (3) Yrs  (5) Mos  (27) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 2 0   Aug  0 2 .  

(Change  Discharge  to Honorable and Change the Reason and Authority  for 

Discharge) 

NO ISSUES SUBMITTED. 

ATCH 
1. College Transcript. 
2. Two Employee  Performance Evaluations. 
3.  Certificate of Appreciation. 
4. Two Training Certificates. 

$=$$$; 

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DEPARTMENT QF THE A I R  FORCE 

H E A D Q U A R T E R S   B T I 4  S T R A 1  EGIC RECONNAISSANCE  W I N G  ( S A C )  

BEAL E A I R   F q R C C  B A S E .  CALIFORNIA  95903-5000 

REPLY TO 
ATTN.  OF. 

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t  . 1  DEC  1939 

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1 .   I  have  reviewed  t h e   a t t a c h e d   AFR  39-10  s e p a r a t i o n   a c t i o n   concerning 
SrA  David  W.  Long  and  f i n d   it  l e g a l l y   s u f f i c i e n t .  

2.  BACKGROUND:  On  28  Nov  89 
9  AMS, 
i n i t i a t e d   discharge  p r  
Chapter  5,  S e c t i o n  H,  paragraph  5-47b  f o r   a  pa 
p r e j u d i c i a l   t o   good  o r d e r   and  d i s c i p l i n e ,   reco 
g e n e r a l   d i s c h a r g e ,   without  p r o b a t i o n   and  r e h a b i l i t a t i o n .   The  c a s e   has  been 
a p p r o p r i a t e l y   processed  by  t h e   n o t i f i c a t i o n   procedure  d e s c r i b e d   i n  AFR  39-10, 
Chapter  6.  A 
1 Dec  89,  A1C 
b e h a l f .   No  i 
been  noted  i n   t h e   case  f i l e .  

r a t i o n   w i t h   h i s   assigned  counsel, -, 
.waived  h i s   r i g h t   t o   submit  s t a t e m e n t s  
e s   a f f e c t i n g   any  s u b s t a n t i a l   r i g h t   of 

on 

3.  SUMMARY  OF  THE  EVIDENCE: 

a.  FACTS :  During  t h e   p a s t   y e a r ,  -as 

engaged  i n  t h e   following 

misconduct: 
f o u r   i n s t a n c e s   of  d e r e l i c t i o n   i n   performance  of  duty;  t h e   w r i t i n g  
of  approximately  29  checks  r e t u r n e d   f o r   i n s u f f i c i e n t   funds  i n  h i s   account;  and 
v i o l a t i n g   Beale  AFB  housing  r e g u l a t i o n s .   A s   a  r e s u l t   of  h i s   misconduct, 

-received 

t h r e e   L e t t e r s   of  Reprimand,  one  L e t t e r   of  Admonishment,  and 

v e r b a l   c o u n s e l l i n g s .  

b.  PERSONAL  DATA:  -is 

a  24  year-old 

t a c t i c a l   reconnaissance 

e l e c t r o n i c   s e n s o r   a p p r e n t i c e   w  o  has  been  on  a c t i v e   d u t y   f o r   t h r e e   y e a r s ,   f i v e  
months.  H e   was  assigned  t o  h i s   u n i t   on  13 Apr  87.  H i s   APR  h i s t o r y   r e f l e c t s  
o v e r a l l   r a t i n g s   of  8,  8,  and  9. 

4.  DISCUSSION: 

a.  CRITERIA:  Paragraph  5-47b  a u t h o r i z e s   d i s c h a r g e   f o r   a  p a t t e r n   of 

misconduct  c o n s i s t i n g   of  conduct  p r e j u d i c i a l   t o   good  o r d e r   and  d i s c i p l i n e .   My 
review  of  t h e   c a s e   f i l e   l e a d s   me  t o   conclude  t h a t   the  evidence  i s   l e g a l l y  
s u f f i c i e n t   t o   support "--sl) a d m i n i s t r a t i v e   d i s c h a r g e   pursuant  t o   that 
paragraph. 

b.  CHARACTER  OF  DISCHARGE: 

S i n c e   t h i s   c a s e  was  processed  by  t h e  

n o t i f i c a t i o n   procedure,  only  an  honorable  o r   g e n e r a l   d i s c h a r g e   i s  authorized. 
C h a r a c t e r i z a t i o n  of  d i s c h a r g e  w i l l   be  determined  s o l e l y   by  the member's 
m i l i t a r y   record  during  t h e   c u r r e n t   e n l i s t m e n t .   A  g e n e r a l   d i s c h a r g e   i s  a 
s e p a r a t i o n  under  honorable  c o n d i t i o n s   and  i s   a p p r o p r i a t e   when  s i g n i f i c a n t  

1 

P e a c e .

 . . .  i s   o u r   P r o f e s s i o n  

n e g a t i v e   a s p e c t s   of  t h e   airman's  conduct  o r   performance  of  d u t y   outweigh 
p o s i t i v e   a s p e c t s   of  t h e   airman's  m i l i t a r y   record. 

misconduct  d e f i n i t e l y   c o n s t i t u t e s   a  " s i g n i f i c a n t   n e g a t i v e ' a s p e c t '  m? 

conduct  which  outweighs  p o s i t i v e   a s p e c t s   of  h i s   m i l i t a r y   record.  A  general 
d i s c h a r g e   c h a r a c t e r i z a t i o n   is  t h e r e f o r e   a p p r o p r i a t e .  

I n   t h i q   c a s e ,  

c. 

PROBATION  AND  REHABILITATION: 

I  concur  w i t  
not  be  o f f e r e d   p r o b a t i  

t h r e e  

recommendation  that- 
( P   &  R)  under  AFR  39-10,  Chapter  7 .   The  r e h a b i l i t a t i v e   a s p e c t s   of 
L e t t e r s   of  Reprimand,  one  L e t t e r   of  Admonishment,  and  v e r b a l   c o u n s e l l i n g s   have 
n o t   succeeded  i n   t h i s   c a s e ,   a s   evidenced  b 
I n  my  opinion,-has 
not  demonstrate 
s a t i s f a c t o r i l y  and  h i s   r e t e n t i o n   on  a c t i v e   duty  would  be + c o n s i s t e n t   w i t h   the 
maintenance  of  good  o r d e r   and  d i s c i p l i n e   i n   t h e   A i r   Force.  A s   a  r e s u l t ,   P  &  R 
is  i n a p p r o p r i a t e   i n  t h i s   case. 

a .   D i r e c t   t h a t  - bbe  r e t a i n e d   i n   t h e   A i r   Force,  o r  

5.  OPTIONS:  A s   t h e   s e p a r a t i o n   a u t h o r i t y ,   you  may: 

discharged  and  f u r n i s h e d   an  honorable 

t  e  p o t e n t i a l   t o  s e r v e  

subsequent  misconduct. 

b.  D i r e c t   t h a t  -be 

d i s c h a r g e   w i t h   o r   without  P  &  R,  o r  

c .   D i r e c t   t h a t   -be 

discharged  and  f u r n i s h e d   a  g e n e r a l ,   under 

honorable  c o n d i t i o n s ,   d i s c h a r g e   with  o r  without  P  &  R. 

6 .   RECOMMENDATION:  Based  upon  my  review  of  t h e   case  f i l e ,   I  recommend  t h a t  

-be 
g e n e r a l ,   under  honorable  c o n d i t i o n s ,   discharge  without  p r o b a t i o n   and 
r e h a b i l i t a t i o n .  

a d m i n i s t r a t i v e l y   s e p a r a t e d   from  the  A i r   Force  and  furnished  a 

1 Atch 

Case  F i l e ,  -m 

+ 

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

H E A D Q U A R T E R S   9T11 S T R A T E G I C  R E C O N N A I S S A N C E  W I N G  ( S A C )  

B E A L E  A I R   FOHCE B A S E .  C A L I F O R N I A  95903-5000 

REPLY  TO 
A n t + .   OF: 

9  AMS /CC 

28  Nov  89 

s u s ~ ~ c *  L e t t e r   of  N o t i f i c a t i o n  

TO: 

9th  Avionics  Maintenance  Squadron 

1.  I  am  recommending  your  discharge  from  t h e   United  S t a t e s   A i r   Force  f o r   a 
p a t t e r n   of  misconduct,  conduct  p r e d j u d i c i a l   t o   good  o r d e r   and  d i s c i p l i n e .   The 
a u t h o r i t y   f o r   t h i s   a c t i o n   i s  AFR  39-10,  paragraph  5-47b. 
recommendation 
i s  approved,  your  s e r v i c e   w i l l  be  c h a r a c t e r i z e d   a s   honorable  or  general. 
I  am 
recommending  t h a t   your  s e r v i c e   be  c h a r a c t e r i z e d   a s   general. 

I f   my 

2.  My  reasons  f o r   t h i s   a c t i o n   are  d e t a i l e d   i n   t h e   subparagraphs  l i s t e d   below. 
Copies  of  t h e   documents  t o   be  forwarded  t o   t h e   s e p a r a t i o n   a u t h o r i t y   i n   support 
of  t h i s   recommendation  are  a t t a c h e d .   The  commander  e x e r c i s i n g   SPCM  j u r i s d i c -  
t i o n   o r   a  h i g h e r   a u t h o r i t y   w i l l   decide  whether  you  w i l l   be  discharged  o r  
r e t a i n e d   i n  t h e   A i r   Force  and,  i f   you  a r e   discharged,  how  your  s e r v i c e   w i l l   be 
If  you  a r e   discharged,  you  w i l l   be  i n e l i g i b l e   f o r   reenlistment 
c h a r a c t e r i z e d .  
i n  t h e   A i r   Force. 

a.  From  on  o r   about  1 2  J a n   89  t o   on  o r   about  11 Oct  89,  you  wrote 

approximately  29  checks  f o r   a  t o t a l   i n  excess  of  $1,000.00. 
Each  check  was 
subsequently  returned  f o r   i n s u f f i c i e n t   funds  i n  your  account.  As  a  r e s u l t ,  
you  received  a  L e t t e r   of  Reprimand,  14  Nov  89,  attachment  1. 

b.  On  23  Aug  89,  a t   Beale  AFB,  CA,  you  were  d e r e l i c t   i n  t h e   performance 
of  your  d u t i e s   i n   t h a t   you  f a i l e d   t o   complete  t a s k   q u a l i f i c a t i o n   t r a i n i n g   as 
i t  was your  d u t y   t o   do.  For  t h i s   a c t i o n ,   you  received  a  L e t t e r   of  Reprimand, 
28 Aug  89,  attachment  2. 

c .   On  8 Aug  89,  a t  Beale  AFB,  CA,  you  were  d e r e l i c t   i n  t h e   performance  of 

your  d u t i e s   i n   t h a t   you  f a i l e d   t o   have  a l l   required  items  f o r   mobility 
check-in  a s   i t  was  your  duty  t o   do.  A s   a  r e s u l t ,   you  received  a  L e t t e r   of 
Admonishment,  21 Aug  89,  attachment  3. 

d.  On  o r   about  21  Jun  89,  a t  Beale  AFB,  CA  you  v i o l a t e d   Beale  AFB 

housing's  r e g u l a t i o n s   on  lawn  maintenance.  For  t h i s  you  were  counseled  a s  
documented  i n  Memo  For  Record,  2 1   Jun  89,  attachment  4. 

e .  

I n   Mar  89,  a t   Beale  AFB,  CA,  you  were  d e r e l i c t   i n   t h e   performance  of 
your  d u t i e s   i n  t h a t   you  f a i l e d   t o  n o t i f y   t h e   Family  Housing  O f f i c e   t h a t   your 
dependents  were  no  longer  r e s i d i n g   with  you  i n   family  housing,  as  i t  was  your 
duty  t o   do  under  AFR  90-1. 
Reprimand,  14  Bov  89,  attachment  5. 

For  t h i s   i n c i d e n t ,   you  received  a  L e t t e r   of 

f .   On  o r   about  8  Nov  88,  a t  Beale  AFB,  CA,  you  were  d e r e l i c t   i n   t h e  

performance  of  your  d u t i e s   i n   t h a t   because  of  your  lack  of  personnel  readiness 
and  complacent  a t t i t u d e ,   you  were  unable  t o   complete  your  m o b i l i t y   check-in  a s  
i t  was your  d u t y   t o  do.  A s   a  r e s u l t ,   you  were  counselled,  a s  documented  on 
9 AMS/MAAL  L e t t e r ,   10  Nov  88,  attachment  6. 

P e a c e .

 . . .  i s   o u r   P r o f e s s i o n  

3.  You  have  t h e   r i g h t   t o   c o n s u l t   counsel.  M i l i t a r y   l e g a l   counsel  has  been 
obtained  t o   a s s i s t  you. 

0 a t   t h e   Area  Defense  Counsel  O f f  i c e ,   b u i l d i n g   2179,  room  102, 
Wednesday,  29  Nov  89,  a t   1530 hours.  You  may  c o n s u l t   c i v i l i a n   counsel  a t   your 
own  expense. 

I  have  made  an  appointment  f o r   you  t o   c o n s u l t  

4.  You  have  t h e   r i g h t   t o   submit  s t a t e m e n t s   i n  your  own  b e h a l f .   Any 
s t a t e m e n t s   you  want  t h e   s e p a r a t i o n   a u t h o r i t y   t o   c o n s i d e r   must  reach  me  by 
1 Dee 89,  u n l e s s   you  r e q u e s t   and  r e c e i v e   an  e x t e n s i o n   f o r   good  cause  shown.  I 
w i l l   send  them  t o   t h e   s e p a r a t i o n   a u t h o r i t y .  

I f   you  f a i l   t o   c o n s u l t   c o u n s e l   o r   t o  submit  s t a t e m e n t s   i n  your  own  b e h a l f ,  

5. 
your  f a i l u r e  w i l l   c o n s t i t u t e   a  waiver  of  your  r i g h t   t o  do  so. 

You  have  been  scheduled  f o r   a  medical  examination.  You  must  r e p o r t   t o  

6. 
t h e   9  SRW  H o s p i t a l ,   F l i g h t   Surgeon's  o f f i c e   a t   0730  hours  on  Wednesday, 
29  Nov  89,  f o r   t h i s   examination- 

7.  Any p e r s o n a l   information  you  f u r n i s h   i n   r e b u t t a l   i s  covered  by  t h e   Privacy 
A c t   Statement  a s  explained  i n  AFR  39-10,  attachment  6.  A  copy  of  AFR  39-10 
i s  
a v a i l a b l e   f o r   your  u s e   i n   t h e   o r d e r l y   room. 

8.  Execute  t h e   a t t a c h e d   acknowledgment  and  r e t u r n   i t   t o   me  immediately. 

3.  L e t t e r   of  ~ d k o n i s h m e n t ,  

2 1   Aug  89 

- 

4.  Memo  f o r   Record,  21  Jun  89 
5.  L e t t e r   of  Reprimand,  14  Nov  89 
6. 

9  AMSIMAAL L e t t e r ,   10  Nov  88