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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST,  FIRST MlDDLE INITIAL) 

GRADE 

AFSNISSAN 

I  X  PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZ4TION 

GEN 
COUNSEL 

YES 

I  NO 

RECORD REVIEW 

ADDRESS AND OR ORCANlZAnON OF COUNSEL 

MEMBERS SITTIN 

lSSUES 
A94.05, A93.07, A93.01 

INDEX NUMBER 
A67.10 

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HEARING DA'IT 
03-04-29 

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CASE NUMBER 
FD2002-0424 

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EXHIBIX~ SUBMIWB TO TlIg @Ow , 

1  1  ORDER APPOINTING T n E  BOARD 
2  APPLlCATlON  FOR REVIEW OF DlSCHARGE 
3  1  LETTER OF NOTlFlCATlON 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHlBlTS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

APPUCAW'S ISSUE AND TliE WARD'S  DECISIONAL RATIONAL ARE DISCUSSED M T l l R  ATFACHED'AIR  FORCE DI&SAUQE REVIEW EQ@l  D & J ~ ~ O ~ I A ~  

RATIONALE. 

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TAPE RECORDING OF PERSONAL APPERANCE HEARING 

REMARKS 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR. 

SIGNATURE ~

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I  SIGNA~WRE OF BOAHD P M S ~ E N T  

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TO: 

SAFIMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

I N D O R S E ~ N T  

I  FROM: 

DATE:  03-05-02 

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

FD2002-0424 

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at 
Andrews AFB, MD on April 29,2003. 

The following additional exhibits were submitted at the hearing: 
Exhibit 6 - Two Character Reference Letters 
Exhibit 7 -  Copy of a Divorce Decree 

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

FINDINGS:  Upgrade of discharge, change of reason and authority for discharge, and change of 
reenlistment code are denied. 

The Board finds that neither the evidence of record or that provided by the applicant substantiates an 
inequity or impropriety that would justify a change of discharge. 

Issues.  Applicant received an under honorable conditions (General) discharge for minor disciplinary 
infractions.  He had two Records of Individual Counseling, three Letters of Reprimand, an Unfavorable 
Information File, two Articles 15, and vacation of a suspended reduction.  His misconduct included 
numerous instances of being late to work and failure to go to his appointed place of duty, and absence 
without leave (AWOL) for 3 days.  Applicant infers the discharge was too harsh due to his infractions being 
minor, although he did not dispute the occurrence of any of those infractions.  He agreed he should have 
been punished for those offenses, which were due to his immaturity and poor judgment based on 
extenuating personal circumstances.  He noted his otherwise satisfactory service and good post-service 
conduct.  At the time of the discharge, applicant waived his right to submit statements in his own behalf. 
The Board recognized that applicant's marital problems may have had some bearing on his difficulties but 
found them insufficient mitigation for his misconduct.  And while it is understandable that a member 
experiencing personal problems has additional stress, applicant's problems were not unique.  Although he 
visited the Mental Health clinic, he was not diagnosed with any condition that hindered his ability to 
perform his duties, nor was there evidence he sought assistance from other available agencies such as the 
Chaplain, Family Support Center, or his chain of command.  Because he was unable to separate his personal 
problems from his duties, he became an administrative burden to the unit, and was unable or unwilling to 
adjust his behavior.  The Board noted applicant was the same age as other airmen who complete their 
enlistments without any misconduct, he knew right from wrong, and although given many opportunities, he 
failed to correct his negative behavior.  Neither the record nor applicant's testimony offered a basis to 
substantiate an upgrade or to change his reenlistment code. 

The applicant cited his  desire to return to military service.  While the Board  commends applicant on this 
desire,  and  is  sympathetic to  the  impact  a  General  discharge has  on  his  reenlistment code,  this  is  not  a 
matter of equity or propriety that warrants an upgrade. 

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 
upgradelchange of reason for discharge, or to change the reenlistment code, thus the applicant's discharge 
should not be changed. 

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:  Appl recld a GEN Disch fr USAF 7 JAN 02 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge, to Change the RE Code, and to Change the Reason and Authority for 
Disch. 

2 .   BACKGROUND: 

a. DOB: 14 Jul 82.  Enlmt Age: 18 2/12.  Disch Age: 19 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-72,  E-72,  G-78,  M-65. PAFSC: 3C331 -  Communications Computer 
Systems Plan and Implementation Apprentice. DAS: 25 Feb 01. 

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b.  Prior Sv:  (1) AFRes 28 Sep 00 -  9 Oct 00 (12 days) (fnactive) . 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB  10 Oct 00 for 6 yrs. Svd: 1 Yrs 2 Mo 29 Das, of which 

AMS  is 1 yr 2 months 26 days  (excludes 3 days lost time). 

b.  Grade Status:  AB  -  04 Dec 01 (Article 15, 4 Dec 01) 

AMN -  17 Oct 01 (Vacation of Article 15, 30 Oct 01) 
A1C -  27 NOV 00 

c.  Time Lost:  17 Sep 01 thru 19 Sep 01 (3 days). 

d.  , A r t  15's:  (1) 4 Dec 01, Davis-Monthan AFB, MT -  Article 86.  You did, 
on or about 13 Nov 01, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: Building 4220.  You did, on or about 21 Nov 01, 
without authority, fail to go at the time prescribed to 
your appointed place of duty, to wit: the Davis-Monthan 
AFB running track on Fifth Street at Comanche Street. 
Reduction to AB, 7 days restriction, and 7 days extra 
duty. (No appeal) (No mitigation) 

(2) 30 Oct 01, Vacation, Davis-Monthan AFB,  MT -  Article 

86.  You did, on or about 18 Oct 01, without authority, 
fail to go at the time prescribed to your appointed 
place of duty, to wit: Building 1540.  Reduction to Amn. 
(No appeal)  (No mitigation) 

(3) 17 Oct 01, Davis-Monthan AFB, MT -  Article 86.  You 
did, on or about 17 Sep 01, without authority, absent 
yourself from your organization, to wit: the 35sth 
Communications Squadron, and did remain so absent until 
on or about 19 Sep 01.  Suspended reduction to A m ,   7 

days restriction, and 7 days extra duty. (No appeal) 
(No mitigation) 

e.  Additional: LOR, 28 NOV 01 -  Failure to go. 
MFR, 18 OCT 01 -  Late for duty. 
LOR, 16 OCT 01 -  Late for duty. 
LOR, 14 J U N   01 -  Failure to go, missed a mandatory 
RIC, 11 JUN 01 -  Failure to go to mandatory appointment 
RTC, 10 MAY 01 --Late for work and appointments. 

appointment, and late for work. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Davis-Monthan AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (1) Ys  (3) Mos  (7) Das 
TAMS: (I) Yr  (2) Mos  (26) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Sep 02. 

(Change Discharge to Honorable, Change the RE Code, and Change the Reason 

and Authority for Discharge) 

Issue 1:  I, - - - - - - - -  , am hoping to get my General Discharge upgraded to 

Honorable.  There was a couple of unfortunate circumstances that took place 
during my tenure at Davis Monthan Air Force Base.  If you'll notice on my 
records, I had no history of trouble before Sept. 2001.  I got a phone call from 
my wife in July 2001 saying that she wanted a divorce.  This really came out of 
left field.  For the following couple of months I tried to reconcile to no 
avail.  I made an immature mistake and left my duty station for one day and 
turned myself in.  Understanding that I had made a dumb mistake.  A  few minor 
infractions occured (sic) after that.  Myself, not knowing much about the Air 
Force decided it would be in my best interest to try and get out.  Not thinking 
about the future, I proceeded to try and get out of the Air Force.  I know that 
was the biggest mistake of my life.  The Air Force is the only thing I know.  I 
joined right after high school.  All my activities at the end of my tenure were 
very immature, and not thought out.  I sincerely apologize for my actions, and I 
am asking for one more opportunity to defend my country and pursue my career as 
an airman.  Thank you. 

ATCH 
None. 

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DEPARTMENT OF THE AIR b ORCE 
3 5 5TH COMMUNICATIONS SQUADRON (ACC) 
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA 

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MEMORANDLM FOR ~

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FROM:  355 CSICC 

SUBJECT:  Notification Memorandum 

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 
MI 36-3208, paragraph 5.49.  If my recommendation is approved, your service may be 
characterized as honorable or under honorable conditions (general).  I am recommending your 
service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 24 Apr 0 1,25 Apr 0 1, and 30 May 0 1, you failed to go at the time prescribed 

to your appointed place of duty.  As a result, you received a Record of Individual Counseling 
(RIC) (Tab A). 

b.  On or about 10 May 01, you f ~ l e d  to go at the time prescribed to your appointed place of 

duty.  As a result, you received an RIC (Tab B). 

c.  On or about 13 Jun 01, you failed to go at the time prescribed to your appointed place of 

duty.  As a result, you received a Letter of Reprimand (LOR) (Tab C). 

d.  On or about 17 Sep 01, you absented yourself from your organization and remained 

absent until on or about 19 Sep 01.  As a result, you received punishment under Article 15 of the 
UCMJ and an Unfavorable Information File Om;) was established (Tab D). 

e.  On or about 16 Oct 01, you failed to go at the time prescribed to your appointed place of 

duty.  As a result, you received an LOR and an entry was made in your existing UZF (Tab E). 

f.  On or about 18 Oct 0 1, you failed to go at the time prescribed to your appointed place of 

duty.  As a result, you received Vacation of Suspended Nonjudicial Punishment (VSNP) 
(Tab F). 

g.  On or about 13 Nov 01,  14 Nov 01, and 21 Nov 01, you failed to go at the time 

prescribed to your appointed place of duty.  As a result, you received punishment under Article 
15 of the UCMJ (Tab G). 

h.  On or about 29 Nov 01, you failed to go at the time prescribed to your appointed place of 

duty.  As a result, you received an LOR and an entry was made in your existing UIF (Tab H) 

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 and will probably be denied enlistment in any component of the 
armed forces and any special pay, bonus, or education assistance funds may be subject to 
recoupment . 

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4.  You have the right to consult counsel.  Military legal counsel, c a p t
AFLSAfADC, 228-5664, has been obtained to assist you.  An appointment has been scheduled 
for you to consult her on  &C o /  at  12 O" 
civilian counsel at your own expense. 

hours in Bldg 3 5 10.  You may consult 

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5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider -must reach me by&  DECo I  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 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 
Office of the Aeromedical Facility, Bldg 400, Rm 163, at 
examination. 

, on  11  & L O /   ,for the 

8.  You have been scheduled for an initial outprocessing briefing.  You must report to the 
Mlitary Personnel Flight (MPF), Separations Element, Bldg 3200, Rm 20, at  12o0 
Ab  b c  Dl 

for the briefing.  If you have questions, please call 228-5366. 

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9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. You 
may contact the Area Defense Counsel to obtain a copy of AFI 36-3208. 

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

FOR THE COMMANDER 

Attachments: 
1.  Supporting Documents 

a.  RIC,  1 1 Jun 0 1 (2 pages) 
b.  RIC,  10 May 01 (2 pages) 
c.  LOR, 14 Jun01 (2 pages) w/MFR,  18 Dec 01 
d.  AF Form 3070, Record of Nonjudicial Punishment Proceedings, 17 Oct 01 (3 pages) 

w/Evidence (1 1  pages) and Response; AF Form 1 137, U F  Summary 
e.  LOR, 1 6 Oct 0 1 (2 pages) w/Attachments (6 pages), AF Form 1 137 
f.  AF Form 366, Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, 

3 0 Oct 0 1 (3 pages) wmvidence (2 pages) 

g.  AF Form 3070,4 Dec 01 (3 pages) wiEvidence and Response 
h.  LOR,  28 Nov 01 (2 pages) w W R ,  18 Dec 01; AF Form 1137 

2.  Airman's Receipt of Notification Memorandum