NAME OF SERVICE MEMBER (LAST, FlKST MIDDLE INII'LAL) - TYPE 

PERSONAL APPEARANCE 

';"j  NAME OF COUNSEL AND OR ORGANUATION 

&UNSE,L 
YES 

' 

NO 
X 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AFSNISSAN 

AB 
1  X  RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COIINSEL 

I 

I 

MEMBERS SlTTlNG 

ISSUES 
A92.21 

AEAFUNG DATE 
26 FEE 03 

I 
1 

INDEX NUMBER 
A67.90 

CASE NUMBER 
FD2002-0387 

I 

I 

VOTE OF THE B O A m  

HON 

I  GEN 

(  UOTHC 

I  OTHER 

I  DENY 

I 
EXWHJB  $UBMI?TEIX TO THE BOARD 

I  ORDER APPOINTING THE BOARD 

I 

I 

I 

I 

2  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATlON 
4  BRIEF OF PERSONNEL FILE 

I 

I 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMI'PTED AT  TIME OF 
PERSONAL APPEARANCE 
I 
I  TAPE RECORDING OF PERSONAL APPERANCE IEARING 
I 

I 

APPLllWINT'S ISSUB AN0 THE BOARD'S DECISIONALRAnONAL ARE DTSCUSSBD ON WE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

REMARKS 
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. 

SIGNATURE OF RECORDER 

I  S1GNAD.W  OF BOARD PRESIDWT 

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

AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE 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 

FD02-0387 

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 the discharge; he merely wants it upgraded in order to receive his (3.1. 
Bill  benefits.  The  record  indicates  the  applicant  received two  Article  15's  for  wrongfully  receiving  or 
concealing  government tools, which  he knew had been  stolen, and, stealing motor  oil, gasoline,  a shovel 
and  ice  pick.  The  second  Article  15 was  for  failure  to  go.  In  addition,  he  received  seven  Letters  of 
Reprimand for failure to make satisfactory progress in the Weight Management Program (twice), damaged 
a  government vehicle  through  negligence,  civilian  conviction for writing bad  checks,  dereliction  of duty 
(twice),  and  failure  to  go.  And,  he  received  eight  Records  of  Individual  Counseling  for  reporting  for 
mobility without proper  equipment,  acting in an unprofessional manner, negligent  in the performance  of 
duties, dereliction of duty  (twice),  late  for work (three times),  leaving a place  of duty without  authority, 
failure to  complete assigned  duties, and  for  receiving a traffic  ticket.  The  applicant  cited  his  desire to 
receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied 
for these  benefits,  he  signed  a  statement  that  he  understood he  must  receive  an  Honorable  discharge to 
receive future educational entitlements.  The Board was sympathetic to the impact the loss of these benefits 
was  having  on  the  applicant,  but  this  is not  a  matter  of  inequity  or  impropriety  that  would  warrant  an 
upgrade.  The DRB opined that through these administrative actions, the applicant had ample opportunities 
to change his negative  behavior.  The Board concluded the misconduct was  a significant  departure from 
conduct expected of all military members.  The characterization of the discharge received by the applicant 
was found to be appropriate.  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. 

1 .  

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH  AlC) 

1.  MATTER UNDER  REVIEW:  A p p l   rectd a GEN Disch fr USAF 22 JUL  94  UP AFR  39-10, 
para 5-47b (Misconduct -  Conduct Prejudicial to Good Order and Discipline). 
Appeals for Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 28 Nov 71.  Enlmt Age:  19 2/12.  Disch Age: 22 7/12. Educ: HS  DIPL. 

E - 5 7 ,   G - 5 9 ,   M-61. PAFSC: 33432 -  Liquid Fuel Systems 

AFQT:  N/A.  A - 8 5 ,  
Maintenance Apprentice. DAS: 5 July 91. 

b.  Prior Sv:  (1) AFRes 22 Feb 91 -  10 Mar 91 (17 days) (Inactive). 

3 .   SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 11 Mar 91 for 4 yss. Svd: 3 Yrs 4 Mo 12 Das, a l l  AMS. 

b.  Grade Status:  AB -  5 Jul 94 (Article 15, 5 J u l   94) 

A1C  -  5 Dec 92 
AMN -  11 Sep  91 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 5 Jul 94, Minot AFB, ND -  Article 121 &  134.  You, did, 

on or about 13 May 93, wrongfully receive or conceal, 
government tools of a value of about $100.00, the 
property of 5th Civil Engineering Squadron, Minot AFB, 
which property, you then knew, had been stolen.  You, 
did, between on or about 1 Apr 93, and on or about 31 
Dec 93, steal motor oil and gasoline, military property, 
of a value of about $25.00, the property of 5th Civil 
Engineering Squadron, Minot AFB.  You, did, between on 
or about 1 Apr 93 and on or about 31 Dec  93, steal a 
shovel and ice pick/breaker, military property, of a 
value of about $24.00, the property of !jth  Civil 
Engineering Squadron, Minot AFB.  Reduction to AB. 
(Appeal/Denied) (No mitigation) 

( 2 )   23 Sep 93,  Minot AFB, ND -  Article 86.  You, did, on or 

about 13 Sep 93, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Suspended seduction to A m ,   14 days e x t r a   duty, and 14 
days restriction. (No appeal)  (No mitigation) 

e.  Additional: LOR, 29 MAR 94 -  Failure to make satisfactory progress in 

Weight Management Program. 

LOR, 20 

94 -  Failure to make satisfactory progress in 

LOR, 06 JAN 94 -  Damaged government vehicle through 

Weight Management Program. 

negligence. 

LOR, 13 SEP 93 -  Civilian conviction for bad checks. 
LOR, 02 AUG 93 -  Dereliction of duty. 
RIC, 23 JUL 93 -  Late to work. 
RIC, 16 JUL 93 -  Late to work. 
RTC, 16 APR  93 -  Leaving place of duty without authority 
and failure to complete assigned duties. 

RIC, 2 6   MAR 93 -  Late to work. 
RIC, 13 OCT 92 -  Dereliction of duty. 
RIC, 17 SEP 92 -  Negligent in the performance of duties. 
LOR, 03 JUN 92 -  Dereliction of duty. 
LOR, 29 APR 92 -  Failure to go. 
R I C ,   30 MAR  92 -  Acting in an unprofessional manner, 
5 CES/CCE LTR, 3 DEC 91 -  Missed appointment. 
DD 1408, 25 OCT 92 -  Traffic ticket. 
RIC, 19 OCT 92 -  Reporting for mobility without proper 

equipment. 

f.  CM:  None. 

g.  Record of SV: 11 Mar 91 -  10 Nov 92  Minot AFB  3  (Initial) 

11 Nov 92 -  10 Nov 93  Minot AFB  3  (Annual) 

(Discharged from Minot AFB) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA  211 DEV. 

i.  Stmt of Sv:  TMS:  (3) Yrs  ( 5 )   Mos  (1) Das 

TAMS:  (3) Yrs  (4) Mos  (12) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DB Fm 293) dtd 7 Sep 02. 

(Change Discharge to Honorable) 

Issue 1:  It has been 8 yrs since my discharge from the Air Force and I am 
a point in my life where I'd like to start making some changes/improvements 
my life.  Since discharge my wife and I have had a wonderful marriage and 

have our family complete with  ( 2 )   beautiful children.  I am now at a point where 
I would like to improve myself by continuing my education to obtain better 
paying jobs in a Field that I would enjoy. 

In order to do this it is very important to me and my family that you grant me 
the upgrade of my discharge to Honorable.  The first year of my military term I 
elected to have $1200 deducted from my pay so that I could utilize the GI Bill. 

Please grant me this important opportunity to improve my life as well as that of 
my family's.  Thank you. 

ATCH 
None. 

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   5TH  B O M B   W I N G   (ACC) 
M I N O T  A I R   F O R C E  B A S E .   N O R T H   DAKOTA 

18 July 1994 

FROM:  JA 

MEMORANDUM FOR CC 

- and find it legally sufficient to support his discharge from the Air 

1 .  I have reviewed the administrative discharge action against 
Force. 

2.  BASIS FOR 7l-E ACTION:  Administrative action against-is 
a pattern of misconduct pursuant to AF'R  39-10, Section H, paragraph  5-47b 
(Conduct prejudicial to good order and discipline).  The pattern of misconduct 
consists of the following acts: 

based on 

a.  On or about 13 May 93, he wrongfully received or concealed government 

tools belonging to the 5th Civil Engineering Squadron, of a value of about 
$100.00. On or about 1 Apr 93 and on or about 31 Dec  93, he stole motor oil 
and gasoline, military property, of a value of about $25.00, and he stole a 
shovel and ice pick/breaker, also military property,  of a value of about 
$24.00.  For these acts he received an Article 15, 5 Jul 94. 

b.  On or about 28 Mar 94 and on or about 2 Jun 94, he failed to make 
satisfactory progress for the USAF Weight Management Program, for which he 
received Letters of Reprimand (LOR), 29 Mar 94 and 20 Jun 94, with Unfavorable 
"Information File entries. 

c .   On or about 23 Dec  93, he damaged a government vehicle through 

negligence, for which he received an LOR, 6 Jan 94, which was entered into 
his UIF and he was extended on the Control Roster. 

d,  On or about 13 Sep 93, he failed to go  to his appointed place of duty 

at the prescribed time, for which he received an Article 15, 24 Sep 93. 

e .   On or about 7 Sep 93, he was arrested and later plead guilty in a 

civilian court  for issuing a non-sufficient funds (NSF) check, for which he 
received an LOR, 13 Sep 93, and a UIF was  established. 

f.  On or abaut 31 Jul 93 to 2 Aug  93, he was derelict in the performance 

of his duties, for which he received an LOR, 2 Aug 93. 

g .   On or about 23 Jul 93, he failed to go to his appointed place of duty 
at the prescribed time, for which he received a Record of Counseling (ROC), 23 
Jul 93. 

h.  On or abaut 16 Jyl 93, he failed to go to your appointed place of duty 

at the prescribed time, for which he received an ROC, 16 Jul 93. 

i.  On or about 15 Apr 93, he left his place of duty without proper 

authority and failed to complete his assigned duties, for which he received an 
ROC, 16 Apr 93. 

j.  On or about 26 Mar 93, he failed to go to his appointed place of duty 

at the prescribed time, for which he received an ROC, 26 Mar  93. 

k.  On or about 2 Oct 92 to 7 Oct  92,  he was derelict in the performance 

of his duties, for which he received an ROC, 13 Oct 92. 

1.  On or about 11 Sep 92, he was negligent in the performance of his 

duties--he failed to secure equipment issued, for which he received an ROC, 17 
Sep  92. 

m.  On or about 2 Jun 92, he was  derelict in the performance of his 

duties, for which he received an LOR, 3 Jun 92, and placed on Control Roster. 

n.  On or about 28 Apr 92, he failed to go to hisr appointed place of duty 
at the prescribed time, for which he received an LOR, 29 Apr 92, and a UIF was 
established. 

o,  On or about 30 Mar 92, he received an ROC for acting in an unprofes- 

sional manner. 

p.  On or about 19 Oct 91, he reported for mobility without the proper and 

necessary equipment, for which he received an ROC, 19 Oct 91. 

3.  &Yl"lERS  SUBMITTED BY THE RESPONDENT: -met 
Jul 94 and failed to submit statements on his own behalf. 

with counsel on 

6 

4 .   DISCUSSION: 

a.  In deciding whether- 

is to be discharged, you must  first 

determine if there is a Basis for discharge.  In determining whether there is 
a basis for discharge, you may only consider the misconduct described in 
pigraph 2 .   I believe the facts documented in this paragraph show that AB 
- - - - - - - - - - -  
AFR 39-10, paragraph 5-47b. 

:engaged in a pattern of misconduct which is a basis for discharge under 

b. 

may con 
tion. 

termine whether 
entire military record when making this determina- 
ed misconduct since Oct 91, warrants discharge. 

&oplct  be discharged.  You 

- - - - - - - - - -  

c* ABL - - - - - - - - -  jhas 3 years and 4 months active duty service.  His current 

enlistment began on 11 Mar 91.  The respondent received two EPR evaluations in 
this enlistment.  The overall ratings were:  3, 10 Nov 93;  3 ,   10  Nov  92 

d,  On 15 Jul 94, the squadron commander recommended that 

discharged with a general discharge.  After reviewing the 
with that recommendation. 

5.  ERROR$  AND IRREGULARITIES:  None. 

be 

6.  CHARACTERIZATION OF SERVICE:  If you determine that -should 
discharged, you  must also determine the characterization of discharge. 
Characterization of service will be determined solely by the  member's military 
record during the current enlistment.  An under other than honorable 
conditions discharge is appropriate  when the airman's conduct is a serious 
departure from the standards expected of airmen. (A recommendation for an 
under other than honorable conditions discharge carries with it the right to 
an administrative discharge board).  If the case  file does not demonstrate 
such a serious departure from expected  standards, but significant negative 
aspects of an airman's conduct outweigh the positive aspects, then a general 
discharge is appropriate.  An honorable discharge is appropriate when the 
quality of member's service record generally has met Air Force standards of 
acceptable conduct and performance of duty, or has been so  meritorious that 
any other characterization would be clearly inappropriate.  In this case, lsl)l 
ant an under other 
repeated 

isconduct has not been so deleterious 
able conditions discharge.  However, 

misconduct, when balanced with his military record during this current 
enlistment, clearly justifies the awarding of a general discharge. 

7.  PROBATION AND REMILITATION:  If you decide that discharge is warranted, 

lso decide if probation and rehab 
ommander does  not recommend P&R, 
ehabilitative measures.  He has 1 

&R)  is appropriate. 
as failed  t o   respond to 
n for military 

standards and seems unwilling to change his behavior.  Accordingly, P&R  should 
not be offered in this case. 

8.  ACTION WHICH MAY BE TAKEN:  As the SPCM authority, your options are: 

a.  Retain 

if the evidence does not support discharge; or, 

b.  Return the  case  to the  squadron for processing under a more 

appropriate provision; or, 

c .   Return the case to the squadron to reinitiate the action to make him 

entitled to a discharge board hearing, if you believe that an under other than 
honorable conditions discharge may be warranted; or, 

d.  Discharge 
suspension for pr 

ith a general discharge, with or without 
rehabilitation; or, 

e.  Forward your recommendation with specific reasons for an honorable 

discharge, with or without suspension for P&R,  to 8 AF/CC. 

9.  RECWNDATION:  I recommend that you separate-with 
discharge without suspension for probation and rehabilitation,  If you concur, 
please sign the  letter at attachment 1.  I further recommend that after 
discharge, 
sign the debarment letter at  attachment 3 

be barred from entering the base.  If you agree, please 

a general 

Staff ~ u d &  ~dvocat e 

USAF 

Attachments: 
1.  Letter 
2.  Case File 
3.  Debarment Letter 

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  5TH S U P P O R T  G R O U P  ( A C C )  

M I N O T  A I R   F O R C E  B A S E ,  NORTH  D A K O T A  

1 

/ 

5 July 1994 

MEMORANDUM  FOR AB 

FROM:  5 CES/CC 
SUBZCT:  Letter of Notification - AFR 39-10, Para 5-47b 
1.  I am recommending your discharge from the United States Air Force for 
misconduct, specifically, conduct prejudicial to good order and discipline. 
The authority for t h i s  action is AFR  39-10, paragraph 5-47b.  If my recommen- 
dation is approved, your discharge will be characterized as general or 
honorable.  I am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 13 May 93, you wrongfully received or concealed government 

tools belonging to the 5th Civil Engineering Squadron, of a value of about 
$100.00.  On or about 1 Apr 93 and on or about 31 Dec  93, you stole mator oil 
and gasoline, military property, of a value of about $25.00, and you  stole a 
shovel and ice picklbreaker, also military property, of a value of about 
$24.00. 

For these acts  you received an Article 15, 5 Jul 94. 

b.  On or about  28 Mar 94 and on or about 2 Jun  94, you failed to make 
satisfactory progress for the USAF Weight Management Program, for which you 
received Letters of Reprimand  (LOR), 29 Mar 94 and 20 Jun 94, with Unfavorable 
Information File entries. 

c.  On or about 23 Dec 93, you damaged a government vehicle through 

negligence, for which you received an LOR, 6 Jan 94, which was entered into 
your UIF and  you were extended on the Control Roster. 

d.  On or about 13 Sep 93, you failed  to go to your appointed place of 

duty at the prescribed time, for which you received an Article 15, 24 Sep 93. 

e.  On or about 7 Sep 93, you were arrested and later plead guilty in a 
civilian court for issuing anon-sufficient funds (NSF) check, for which you 
received an  LOR, 13 Sep 93, and a UIF was  established. 

f .   On or about 31  Jul 93 to 2 Aug 93, you were derelict in the perfor- 

mance of your duties, for which you received an  LOR, 2 Aug 93. 

g.  On or about 23 Jul 93, you failed to go to your appointed place of 
duty at the prescribed time, for which you received a Record  of Counseling 
(ROC),  23 Jul 93. 

h.  On or about 16 Jul 93, you failed to go to your appointed place of 

duty at the prescribed time, for which you received an ROC, 16 Jul 93. 

9 l o G a t  P o u r ~ c  fot  d r n a t i c a  

i.  On or about 15 Apr 93, you left your place of duty without proper 

authority and failed to complete your assigned duties, for which you received 
an ROC, 16 Apr 93. 

j.  On or about 26 Mar 93, you failed to go to your appointed place of 

duty at the prescribed time, for which you received an ROC, 26 Mar 93. 

k.  On or about 2 Oct 92 to 7 Oct 92, you were derelict in the performance 

of your duties, for which you received an ROC, 13 Oct  92. 

1.  On or about 11  Sep 92, you were negligent in the performance of your 
duties--you failed to secure equipment issued, for which you received an ROC, 
17  Sep  92. 

m.  On or about 2 Jun 92, you were derelict in the performance of your 

duties, for which you received an LOR, 3 Jun 92, and placed on Control Roster. 

n.  On or about 28 Apr 92, you failed to go t o  your appointed place  of 

duty at the prescribed time, for which you received an LOR, 29 Apr 92, and a 
UIF was  established. 

o.  On or about 30 Mar 92, you received an ROC for acting in an unprofes- 

sional manner. 

p,  On or about 19 Oct 91, you reported for mobility without the proper 

and necessary equipment, for  which you received an ROC, 19 Oct  91. 

3.  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 

Copies of the documents to be forwarded to the separation authority in support 
of this recommendation are attached.  The Commander exercising SPCM juris- 
diction (5 BW/CC) 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 
far reenlistment in the Air Force. 

ments you want the separation authority to consider must reach me  by - 

hours on 
shown.  I will send them to the separation authority. 

94, unless you  request and receive an extension for good cause 

Area  Defense Counsel, at his office, 300 S m i t  Drive, Room 306A,  at 

0800 hours, on 6 Jul 94.  You may consult civilian counsel at your own 
expense. 

4.  You have the right to submit statements in your own behalf.  Any  state- 

5 .   If you  fail t o  consult counsel or to submit statements in your own behalf, 
your failure will constitute a waiver of your right to do so, 

6 .   You have been scheduled for a medical examination.  You must report to the 
Physical Exam Section, 5th Medical Group Hospital, 10 Missile Avenue, Minot 
AFB,  ND at 0800,  on  7  Jul 94,  for the examination. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy 
Act  Statement as explained in AFR  39-10, attachment 2.  A  copy  o f   AFR 39-10 is 
available for your use in the Orderly Room. 

8,  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Article 15,  5  Jul 94 

a.  UIF Summary, AF Form 1137, 20 Jun 94 
b.  AF Form 1058 w/atchs, 20 Jun 94 
c.  AAFES Overdue Notice Ltr,  14 May 94 
d.  AF Form 1058 wlatchs, 28 Apr 94 
e .   Notification of Indebtedness, 9 Feb 94 
f.  AF  Form 1058 wlatchs, 7 Jan 94 
g .   Article  15, 24  Sep  93 
h.  AF  Form 1058 w/atchs, 16 Sep  93 
i.  Letter from MAGTAF-CC wlatchs, 18 Aug 93 
j.  LOR, 2  Aug  93 
k.  ROC, 23 Jul 93 
1.  ROC, 16  Jul 93 
m.  ROC,  16 Apr  93 
n.  ROC,  26  Mar  93 
a.  ROC, 13  Oct  92 
p.  ROC, 17  Sep 92 
q.  Dishonored Check Notice wlatchs, 24 Dec  92 
r .  Denial af  AFGCM,  16  Jun 92 
s.  AF  Form 1058 w/atch, 5 Jun 92 
t.  Denial of  AFGCM,  11  May  92 
u.  AF Form 1058 w/atch, 6 May 92 
v.  ROC, 30 Mar 92 
w.  No-Show Letter, 3  Dec 91 
x.  Armed Forces Traffic Ticket, 25 Oct  91 
y .   ROC,  19  Oct  91 

2,  Receipt  of Letter  of Notification