AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

I  AFSNISSAN 

I GRADE 
AMN  a 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

X  RECORDREVIEW 
ADDRESS AND OR ORGANIZATION  OF COUNSEL 

CoUNsEL 
YES 

I N 0  
I  X 

VOTE OF THE BOARD 

I______________________________________ 

MEMBERS SITTING 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

ISSUES 
A94.05 

I 

HEARING DATE 
15 APR 03 

INDEX NUMBER 
A67.10 

I 

CASE NUMBER 
FD2002-0482 

HON 

GEN 

UOTBC ----- 

OTHER 

DENY 

X 

X 

X 
X 

X 

EXHIBITS SUBMITTED T q  THE hOARD 

3 
4 

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

I 

TAPE RECORDING OF PERSONAL APPERANCE HEARING 

I 

APPLICANT'S ISSUE AND TH& BOARD'S DECISf6&4L RATIONAL ARE DISCUSSED ON THE ATTACHED AIRFORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

REMARKS 

I 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. 

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TO: 

SAF/MIBR 
550 C STREET WEST, SUITE 40 
IZANDOLPI4 AFB, TX 78 150-4742 

INDORSEMENT 

" 
FROM; 

< 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

DATE:  15 APR 03 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3"  FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

R)02-0482 

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 contends that his discharge was too harsh and that he was not given a chance to fix one 
problem before more problems were added.  He also mentions a "snowball"  effect or charges not taken into 
consideration  and  that  there  was  apparent  "headhunting"  by  certain members  of  his  chain  of  command. 
Finally, he states that he has not had any problems since his discharge but he is unable to go to school or get 
many jobs  due  to  the  lack  of  an  Honorable  discharge.  The  record  indicates  the  applicant  received  two 
Article's  15--the first one for failure to obey an order and for being overdue on his government travel card; 
the second one for stealing a first aid kit, two leatherman tools, and one landing gear "remove before flight" 
pin, and then lying about where he got them.  In addition, he received one Letter of Reprimand for failure to 
keep  his  dorm  room  clean  and  orderly  and  having  unauthorized  items  in  his  room,  two  Letters  of 
Counseling  for  dcreliction  of  duty  and  being  disrespectful  to  a  NCO,  and  2  Records  of  Individual 
Counseling for financial irresponsibility and for missing an appointment.  The applicant cited his desire to 
receive the G.I. Bill benefits as justification for upgrade.  The DRB 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 record  does  not  indicate  any snowball effect  or headhunting  in the  applicant's 
unit.  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. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH A1C) 

MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  A p p l   rec'd  a GEN Disch fr USAF 28 Oct 99 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor ~isciplinary Infractions).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Sep 72.  Enlmt Age:  24 8/12.  Disch Age: 27 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-92,  G-94, M-99. PAFSC: XlA231 -  Aircraft Loadmaster 
Apprentice. DAS: 18 Aug 98. 

b.  Prior Sv: (Examiner's Note) :  The following service is extracted from 

DD Forms 214 due to missing enlistment or discharge documents) 

(1) USN AMS  =  1 month 18 days. 

( 2 )   Prior inactive service =  6 years 10 months 4 days. 

3.  SERVICE UNDER REVIEW: 

a .   Enlisted as  AJ3  15 Oct 97 for 4 yrs. Svd: 2 Yrs 0 Mo 14 Das, all AMS. 

b.  Grade  Status:  AMN  -  2 Jul 99 (Article 15, 2 Jul 99) 

A1C  -  15 Feb 99 
AMN  -  Unknown. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Sep 99, Pope AFB, NC -  Article 92.  You, having 

knowledge of a lawful order issued by MSgt - - - - - -  , to 
move back in to the Pope  AFB Dormitory #399, and order 
which it was your duty to obey, did, an or about 19 Jun 
99, fail to obey the same by wrongfully failing to move 
into Pope APB Dormitory #399.  Article 134.  You, being 
indebted to - - - - - -   Bank in the sum of $1,543.54 for 
charges on your Government Travel Card, of which $249.00 
became due and payable, on or about 30 Jan 99, an 
additional $1,012.49 became due and payable, on or about 
28 Feb 99, an additional $161.58 became due and payable, 
on or about 29 Mar 99, an additional $229.70 became due 
and payable, on or about 27 Apw 99, an additional $20.00 
became due and  payable, on ox about 28 May 99, less 
$150.00 paid on 28 May 99, for a total of $1,543.54, 
did, in the continental United States, from on or about 
30 Jan 99 to on or about 28 May 99 dishonorably fail to 

pay said debt.  Reduction to A m ,   30 days restriction, 
and 30 days extra duty.  (Appeal/Denied) (No mitigation) 

(2) 2  Jul 99, Pope AFB, NC -  Article 121.  You, did, 

between on or about 1 Sep 98 and 15 Jul 99, steal a 
first aid kit, two Leatherman tools, and one landing 
gear "Remove Before Flight" pin, military property, of 
some value, the property of the United States Air Force. 
Article 107.  You, did, on or about 16 Jul 99, with 
intent to deceive, make to MSgt  - - - - - -   and SrA - - - - - - ,  
an official statement, to wit: "I bought the first aid 
kit, Remove Before Flight tag, and strobe light from an 
Army/Navy surplus store," or words to that effect, which 
statement was totally false, and was then known by you 
to be so false.  Suspended reduction to AB, and 
forfeiture of $100.00 pay per month for two months. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 04 AUG 99 -  Failure to keep your dorm room clean and 
orderly and having unauthorized item in 
his room. 

LOCI  16 JUL 99 -  Dereliction of duty. 
LOC, 16 JWL  99 -  Disrespect to a noncommissioned officer. 
RIC, 28 JUL 99 -  Missed appointment. 
RIC, 13 APR 99 -  ~inancial irresponsibility. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Pope AFB) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  ( 7 )   Yrs  (2) Mos  (7) Das 
TAMS:  (2) Yrs  ( 2 )   Mos  (16) Das 

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

(Change Discharge to Honorable) 

Issue 1:  "Snowballn effect or charges/punishments not taken into 

consideration. 

Issue 2:  Not given a chance to fix one "problem" before more "problemsu 

were added. 

Issue 3:  Apparant  (sic) "headhunting" by certain members of my chain of 

command. 

Issue 4:  Z have had no problems since my discharge, and even had my 

security clearance reactivated for employment.  I am unable to go to school or 
get many jobs due to my lack of an "HonorableM discharge. 

ATCH 
1. DD  Form 214. 
2. AF Form 1381, USAF Certificate of Air  Crew Training, 
3. MFR, Certification of UpgradelTraining. 
4. Four AF Forms 8, Certificate of Aircrew Qualification, 
5. Memo For 43 AW/CC, Response to Discharge. 
6. Four Character References. 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 43D AIRLIFT WING (AMC) 
POPE AIR FORCE BASE NORTH CAROLINA 

MEMORANDUM FOR R, 2 AS 

FROM:  2 AS/CC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is N P D  36-32 and AFI 36-3208, paragraph 5.49.  The most 
severe type of discharge authorized in this case is an under other than honorable conditions discharge.  I 
am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  Between on or about 1 September 1998 and  15 July 1999, you did, at or near Pope Air Force Base, 
North Carolina, steal a first aid kit, two Leatherman tools, and one landing gear "Remove Before Flight" 
pin, military property, of some value, the property of the United States Air Force as documented by  an 
AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 22 September 1999. 

b.  On or about 16 July 1999, y 
deceive, make to Master Sergeant 
statement, to wit:  "I bought the first aid kit, Remove Before Flight tag, and-strobe lightmfrom an 
ArmyNavy surplus store," or words to that effect, which statement was totally false, and was then known 
by you to be false as documented by an AF Form 3070, Record of Nonjudicial Punishment Proceedings, 
dated 22 September 1999. 

e Air Force Base, 
nd  Senior Airman 

, with intent to 
an official 

c.  Between on or about 9 July  1999 and 13 July 1999, you failed to keep your dormitory room clean 

and orderly as documented by a Letter of Reprimand, dated 4 August 1999. 

d.  On or about the period between 9 and 13 July 1999 you had several unauthorized items in your 

dorm as documunted by a Letter of Reprimand, dated 4 August 1999. 

e.  On or about 16 July 1999, you, who knew of your duties, at Pope Air Force Base, North Carolina, 
were derelict in the performance of those duties in that you failed to turn in training bundles and D-bags, 
as it was your duty to do as documented by a Letter of Counseling, dated  16 July 1999. 

f.  On or about 13 July 1999, you were disrespectful in language and deportment toward Master 
a noncommissioned officer, then known by you to be the Assistant 
o was then in the execution of his office, by interrupting him on several 
occasions, using a very sarcastic tone of voice, and by rolling your eyes and head along with excessive 
body movement, or words and gestures to that effect, as documented by a Letter of Counseling, dated 
16 July 1999. 

AMC-Global  Reach for America 

/ g. On or about 22 June 1991, you failed to turn in the required papers on trnr for your financial 

Management Class as documented by AF Form 174, Record of  Individual Counseling, dated 28 June 
1999. 

h.  On or about 19 June 1999, you, having knowledge of a lawful order issued by Master Sergeant 

o move back into the Pope Air Force Base Dormitory #399, an order which it was your 
at or near Pope Air Force Base, North Carolina, fail to obey the same by wrongfully 
failing to move into Pope Air Force Base Dormitory #399 as documented by an AF Form 3070, Record 
of Nonjudicial Punishment Proceedings, dated  1 July 1999. 

i.  Between or about 30 January 1999 and 28 May 1999, you, being indebted to NationsBank in the 

sum of $1,543.54 for charges on your Government Travel Card, of which $249.00 became due and 
payable on or about 30 January 1999, an additional $1,012.49 became due and payable on or about 
28 February  1999, an additional $16 1.5 8 became due and payable on or about 29 March 1999, an 
additional $229.70 became due and payable on or about 27 April 1999, an additional $20.00 became due 
and payable on or about 28 May 1999, less $1 50.00 paid on 28 May 1999, for a total of $1,543.54, did, in 
the continental United States, dishonorably fail to pay said debt as documented by an AF Form 3070, 
Record of Nonjudicial Punishment Proceedings, dated 1 July 1999. 

j.  Between on or about 1 April  1999 and 13 April 1999, you, being indebted to your rental company 
for your rent, did in the continental United States, dishonorably fail to pay said debt as documented by 
AF Form  174, Record of Individual Counseling, dated 13 April 1999. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The 43d Airlift Wing Commander, who exercises SPCM jurisdiction or a 
higher authority, will decide whether you will be discharged or retained in the Air Force.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

to consult counsel.  Military legal counsel has been obtained to assist you.  Contact 
tension 4-2362) at the Area Defense Counsel's office immediately after being 
served with this notification memorandum.  At that time an appointment will be scheduled for you to 
consult capt-he 
another if the lawyer you request is in the active military service and is reasonably available as 
determined aoc;rding  to Am 51-201.  In addition to military counsel, you have the right to employ 
civilian counsel.  The Air Force does not pay expenses incident to the employment of civilian counsel. 
Civilian counsel, if employed, must be readily available. 

Area Defense Counsel.  Instead of the appointed counsel, you may have 

5.  You have the right to s u b h t  a statement in your own behalf.  Any statements you want the separation 
authority to consider must reach me by  / 5 3   at / . t v u n l e s s   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 in three days, your failure 
will constitute a waiver of your right to do so. 
7.  You have been scheduled for a physical examination.  Report to physical exams on 21 Offat 
 LIB hrs.  In addition, report to physical examsllab ASAP for HIV screening. 

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of 
AFT  36-3208, is available for your use at the orderly room. 

Attachments: 
1.  AF Form 3070, dated 22 Sep 99 
2.  Letter of Reprimand, dated 4 Aug 99 
3.  Letter of Counseling, dated 16 July 99 
4.  AF Form  174, dated 28 June 99 
5.  AF Form 3070, dated 1 Jul99 
6.  AF Form  174, dated 13 Apr 99