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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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RECORD REVIEW 

ADDRESS AND OH ORCANlZATlON OF COUNSEL 

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ISSUES 
A94.05 

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HEARING DATE 
25 APR 03 

MDEX NUMBER 
A67.10 

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CASE NUMBER 
FD2002-0402 

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TO THE BOARD 

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1  I  ORDER APPOINTING THE BOARD 
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LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

APPLICATION FOR  REVIEW OF DISCHARGE 

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TAPE RECORDING  OF PERSONAL APPERANCE HEARING 

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a I 

M P L I C M S  ISSUE AND THE BOARD'S &CISIONAL  RATlONAL ARE. DISCUSSED ON THE ATTACHED AIR FORCE MSCIiAFiGE %VIEW  BOARD DECISIONAL RATIONALE 

I 

REMARKS 
Case heard at Washington, D.C. 

Applicant's discharge is changed to Honorable, Reason is changed to Secretarial Authority.  RE Code will not be changed. 

Advise applicant of the decision of the Board. 

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TO: 

SAF/MIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

I FROM: 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

DATE:  25 APR 03 

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 

FD02-0402 

GENERAL:  The applicant appeals for upgrade of discharge, change the reason and authority for the 
discharge, and to change the RE Code. 

The applicant appeared and testified before the Discharge Review Board (DRB), at Andrews Air Force 
Base, Maryland, on April 25,2003, 

The following additional exhibits were submitted at the hearing:  Exhibit 5:  Applicant's issues; Exhibit 6: 
character letter; Exhibit 7:  current pay statement; Exhibit 8:  internet print out of other cases similar to 
applicants. 

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

FINDINGS: The discharge is changed to Honorable and the reason for discharge is changed to Secretarial 
Authority,  However, the RE Code was not changed. 

ISSUE:  The applicant received a General discharge for Misconduct - Minor Disciplinary Infractions. 
Applicant claims the discharge was too harsh and did not take into account the problems he was 
experiencing. After a thorough and complete consideration of the information submitted by the applicant, 
the applicants compelling testimony, and information contained in the record, the Board concluded there 
was sufficient mitigation and extenuation to substantiate a change in the Characterization and Reason for 
discharge, but did not change applicant's reenlistment code.  The DRB opined that the applicant was not 
derelict in the performance of his duties when the Article 15 was issued and found it appalling that the First 
Sergeant did not move the applicant out of his room considering the problems he was having with his 
roommate.  While the DRB did not condone the applicant's financial irresponsibility or the safety 
violations, they did feel it would have been more equitable to give him an Honorable discharge. The DRB 
also changed the applicant's Reason to Secretarial Authority.  The DRB did not, however, change the RE 
Code based on the fact that the applicant was hospitalized at Malcolm Grow USAF Medical Center, 
Andrews AFB, MD, in the impatient psychiatry unit from June 14 to July 7, 1992. Discharge diagnosis was 
personality disorder not otherwise specified. 

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; however, the applicant was not provided full administrative due process. 

In view of the foregoing findings, the board further concludes that the Characterization of the applicant's 
discharge should be changed to Honorable and the Reason for discharge is more accurately reflected as 
Secretarial Authority.  SPD Code JFF, 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 

MISSING DOCUMENTS 

(Former A l C )   (HGH AlC) 

FD2002-0402 

1.  MATTER UNDER REVIEW:  Appl  rec'd a GEN Disch fr USAF 8 Jul 92 UP AFR 39-10, 
para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge, and Change to Reentry Code, Reason and Authority. 

2.  BACKGROUND: 

a. DOB: 20 Sep 71.  Enlmt Age: 18 10/12.  Disch Age: 20 9/12. Educ: 

HS DIPL.  AFQT: N/A.  A-72,  E-62,  G-70,  M-65. PAFSC: 45454 -  Aircraft 
Pneudralic System Specialist. DAS: 8 Feb 92. 

b.  Prior Sv: (1) AFRes 9 Aug 90 -  13 Sep 90 (1 Month 5 ~ a y s )  (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 14 Sep 90 for 4 yrs. Svd: 1 Yr 9 Mos 25 Das, all AMS. 

b.  Grade Status:  A1C  -  14 Apr 92 

,gMN  -  (EPR Indicates): 14 Sep 90 -  26 May 92 

c.  Time Lost:  None. 

d.  Art 1 5 ' s :  

(1) 15 Oct 91, Dover AFB, DE -  Article 92. In that you, who 
knew of your duties at Dover Air Force Base, Delaware, 
on 4 Oct 91, were derelict in the performance of those 
duties in that you willfully failed to clean the area 
around engine number three of C5 aircraft 7000464 in the 
IS0 Docks as it was your duty to do.  Thirty days 
correctional custody. (Appeal withdrawn) (No mitigation) 

e.  Additional: LOR, 19 MAY 92 -  Financial irresponsibility. 

LOR, 06 MAR 92 -  Failure to maintain dormitory room to 

inspection standards. 

MFR, 19 DEC 91 -  Financial irresponsibility. 
ROC, 07 OCT 91 -  Safety violation. 
ROC, 27 SEP 91 -  Safety violation. 
MEMO, 9 AUG 91 -  Overdue library books, uniform violation, 

and continual failure to meet dress and 
appearance standards. 

LOR, 2 AUG 91 -  Failure to complete training. 

f .   CM:  None, 

g.  Record of SV: 14 Sep 90 -  26 May 92  Dover AFB  3  (Initial) 

(Discharged from Dover AFB) 

h,  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of S v :   TMS: (1) Yr  (11) Mos  ( 0 )   Das 
TAMS:  (1) Yr  ( 9 )  Mos  (25) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Sep 02. 

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

Authority) 

Issue 1:  My first issue is upgrading my discharge to honorable. 

Issue 2:  I believe the issue would be did I do my  job to the best of my 

ability or to the level of the US Air Force. 

Issue 3:  1 believe I was mentally taken advantage of and discharged without 

reasonable explanation. 

Issue 4:  I do not want to blame any single person but I believe the system 

as a whole has a fault that allows people who are not mentally prepared to be 
taken advantage of by others.  I was harassed time and again by women and men 
who felt that I was at a lower mental level than they were. 

Issue 5:  I believe I did my job to the best of my ability.  I want to be 

made eligible for re-enlistment.  I want to be apologized to!  Thank you, 

ATCH 
1. Applicant's Additional Issues. 

19 Dec 02/cr 

DEPARTMENT OF THE  AIR  FORCE 

HEADQUARTERS 43WH AIRLIFT WING (AMC) 

FROM:  JA 

1 1   June  1992 

SUBJ:  Legal  Review of  AFR  39-10 Discharge, 

436 EMS 

TO:  CC 

ction was  initiated against 

on 29 May  1992 for a pattern of 

r disciplinary  infractions, 

according to AFR  39-10, paragraph 5-46.  Respondent's  commander 
has recommended  a general  discharge without  probation and 
rehabilitation.  The case has been processed  through 
notification procedures.  For reasons set  forth below,  I 
recommend  that you discharge respondent with  a general 
discharge without  probation and rehabilitation. 

2.  Background:  Respondent enlisted  in  the Air  Force on 9 
August  1990 under  the delayed  enlistment program,  He entered 
onto active duty  14 September 1990 for a period of  four years, 
and has been on continuous active duty since that date,  He has 
been assigned to the 436th Equipment Maintenance  Squadron since 
8 February  1991.  Respondent has one EPR, with an overall 
rating of  3.  He  is entitled  to wear  the National  Defense 
Service Medal  and  the Air  Force Training Ribbon. 

3.  Evidence: 

a.  For the Government:  On or about  31  July  1991, 

respondent  failed to accomplish his training requirements, for 
which he received a  letter of  reprimand and an Unfavorable 
Information File  (UIF) was established.  On or about  27 
September 1991, he violated  safety standards,  for which he was 
counseled.  On or  about  7 October 1991, he again violated 
safety standards, and was again counseled.  On or about  4 
October  1991, respondent  was derelict  in the performance of his 
duties, for which he was punished  under Article  15 of  the 
Uniform  Code of  Military Justice  (UCMJ).  On or about  6 March 
1992, he failed to maintain his dormitory  room  within 
standards, for which he received  a second  letter of  reprimand. 
Finally, on or about  29 April  1992, respondent  failed to pay  a 
just debt,  for which he received  a third letter of  reprimand, 
which was entered  into his UIF.  Additionally,  this discharge 
action was  initiated. 

b.  For the Respondent:  Respondent waived  his 

right  to submit statements in his own behalf. 

AMC--GLOBAL  REACH FOR AMERICA 

. . 

4.  Law and Discussion: 

-- 
a.  AFR  39-10, paragraph 5-46, provides  that a pattern of 

misconduct  consisting solely of minor  disciplinary  infractions 
(i.e.,  infractions which result  in  informal or  formal 
counselings, letters of reprimand, or Article  15 nonjudicial 
punishment) in the current enlistment makes an airman subject 
to discharge.  Over the last year, respondent has established 
such a pattern.  He has  been derelict  in the performance of his 
duties, written a worthless check, and violated several general 
and base regulations.  He has been verbally  counselled, 
received  three letters of  reprimand, and been punished under 
Article  15, UCMJ.  Therefore, there is a basis for discharge. 

b.  Under  the provisions of AFR  39-10, you, as the special 

If you  find 

court-martial convening authority, can discontinue this 
discharge action if  you find the commander's  recommendation is 
not supported by  the evidence.  If you find that respondent 
should be discharged, AFR  39-10, paragraph  5-53, provides  that 
respondent's service can be characterized  as honorable, 
You can 
general, or under other than honorable conditions. 
order  that  respondent  be discharged with  a general discharge 
with or without  probation and rehabilitation. 
that an honorable discharge with or without probation  and 
rehabilitation is appropriate, you can forward  the case file 
and your  recommendations to 21  AF/CC, who  is the separation 
authority  in discharge cases where  the basis for discharge  is 
misconduct  and the recommended service characterization is 
honorable.  If you find that an under other than honorable 
conditions discharge characterization  is warranted, you can 
direct  processing of  this discharge under Chapter  6, AFR  39-10, 
as respondent would be entitled to a board hearing. 
Respondent's commander recommends he receive a general 
discharge, without  probation and rehabilitation.  I  agree.  AFR 
39-10, paragraph  1-18, provides that a general discharge is 
appropriate  if  significant negative aspects of  respondent's 
conduct and performance outweigh the positive aspects a£ his 
military record.  That  is the case here.  Respondent's  lengthy 
history of minor  disciplinary  infractions clearly outweigh any 
positive  aspects of his record.  Probation and rehabilitation 
are not  appropriate  in this case, given respondent's  lack of 
positive  response to prior rehabilitation efforts. 

5.  Conclusion:  The file is substantially  in compliance with 
the provisions of AFR  39-10 and  is legally sufficient  to 
discharge respondent  prior  to the expiration of his term of 
enlistment. 

6 .   Recommendation:  That you discharge respondent with a 
general discharge without probation and rehabilitation.  If you 
agree, please sign the attached  letter. 

2  Atch 
1.  Proposed Letter 
2 .   Case File -- 

DEPARTMENT OF THE AIR  FORCE 

A! 

nhADqUAllrolr ~
w v m ~ ~ E w n a * w m e  i m a ~  

  WIN^ (MAC) 

T

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s,,, 

Notification Letter 

2 9   May  92 

1.  I am recommending your discharge from the United States Air Force for 
misconduct, specifically, minor disciplinary infractions.  The authority for 
this action is AFR 39-10, paragraph 5-46.  If  my  recommendation is approved, 
your service will be characterized as honorable or general.  I am recommending 
that your service be characterized as general. 

- 

2.  My reason for this action is your record of misconduct, which is s e t   forth 
be low: 

Date 

Incident 

31 Jul 91 

Failed to accomplish 
training 

Action 

LOB/ UI F 

27 Sep 91 

S a f e t y   violation 

Record of counseling 

7 Oct 91 

Safety violation 

Record of counseling 

4 Oct 91 

Dereliction of duty 

Article 15 

6 Mar 92 

Failed dorm room inspection 

LOR 

29 Apr 92 

Failure to pay  just debt 

LOR/UIF 

- Atch 

2 

3 

4 

5 

6 

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. 

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 the ADC 
at building 447, room 214, at  ! / J D O   hours on  7  Tm,.e 1992.  You may con- 
sult civilian counsel at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any  statements 
you want the separation authority to consider must:  reach me b y 3  xu,,. 
unless you request and receive an extension for good cause shown.  I will send 
them to the separation authority. 

1992 

5 .   If you fail to submit statements in your otrn behalf, your failure will con- 
stitute a waiver of your right to do so. 

Proud MAC-Support Amerlca Can Always Count On. 

- 

- 

6.  You have been scheduled for a medical examination.  You must report to Bldg 
305 at 0730 on 2 June 1992 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 6.  A copy of AFR 39-10 is 
available for your use in the EMS orderly room. 

8.  Execute the attached receipt of notification letter and return it to me 
immediately. 

10 Atchs 
Supporting documents for the 
reason for discharge: 
1. LOR, dated 2 Aug 91 wlatch: 

a. AF Form 1058 

2. AP Form 174,  dated 27  Sep 91 
3 .   AF  Form 174,  dated 7 Oct 9 1  
4. AF Form 3070, dated 15 Oct  91 

w/atch: 
a. MFB, dated 23 Oct 91 
b.  Letter, dated 7 Oct 91 
c. Letter, dated 7 Oct 91 
d.  Statement, dated 10  Oct 9 1  
e .   Airman's  rebuttal 
5. LOR, dated 6 Mar 92 
6. LOR, dated 19  May 92 w/atch: 

a. AF Form 1058 

Documents containing derogatory 
information which are not listed 
7. MFR, dated 9 Aug 91 
8 .   Letter, dated 16  Dec 91 
9.  Letter, dated 19  Dec  91 
10. Airman's Receipt of 

Notification