AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

X  PERSONAL APPEARANCE 
NAME OF COUNSEL AND OR ORGANJZATlON 

RECORD REVIEW 

ADDRESS AND OR ORGANUATlON OF COUNSEL 

A I C  

GEN 
COUNSEL 

YES 

NO 
X 

MEMBERS SITTING 

HON 

GEN 

UOTHC 

OTHER 

DENY 

VOTE OF THE BOARD 

X 

ISSUES 
A01.14,93.15,93.34,94.06, 
94.12 

INDEX NOMRER 
A67.10 

HEARING DATE 
22 APR 03 

CASE NUMBER 
FD2002-05 13 

EXHIBITS s u a ~ r m n  TO THE BOARD 

1  I  ORDER APPOINTING  THE BOARD 
2 

3 
4 

-- 

APPLICATION  FOR REVIEW OF DISCHARGE 
LE rI t K  OF NOTIFICATION 
BRIEF OF PERSONNEI,  F1I.E 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBbIlTTEL3 AT  TIME OF 
I'ERSONAL  NJPBAHANCE 

APPLICANT'S lSSlJE AND lWIE  BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

TAPE KECOKDING OF PF.RSONAI.  AI'PERANCE  I-IEARING 

Case heard at Washington, DC. 

Advise applicant of the decision of the Board. 

+ - Change Reason and Authority for the Discharge 
* - Change RE Code 

TO: 

SAFIMIBR 
550 C SI'KtF.  WEST, SUITE 40 
RANDOLPH  AFB, TX 78 150-4742 

INDORSEMENT 

FROM: 

SECRETARY OF TtlE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVlbW HOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS  AFB, MI) 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DEClSlQNAL RATIONALE 

C A S P   NllMHEK 

FD2002-0513 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable and for a change in the RE Code 
and the Reason and Authority for discharge. 

The  applicant's  case was  considered  by  the  Discharge  Review  Board  (DRB),  at  Andrews  AFB,  MD,  on 
April 22,2003.  The applicant appeared before the DRB but did not have counsel. 

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

FINDINGS:  The DRB  grants  the  requested  relief.  The DRB  finds that  the  evidence  of record  and  that 
provided  by  the applicant substantiates an inequity justifying  an upgrade of the discharge and a change to 
the RE Code and to the Reason and Authority for the discharge. 

ISSUES:  The  applicant  was  discharged  with  a  general  service  characterization  from  the  Air  Force  for 
misconduct  or,  more  specifically,  minor  disciplinary  infractions.  He  had  two  letters  of  reprimand  for 
disobeying a lawful order, a lctter of reprimand  for failure to go, a letter of reprimand  for failure to pay  a 
just  debt, an Article  15 for dereliction of duty and  wrongful  appropriation of government property,  and  a 
vacation action for disorderly conduct.  All of this misconduct occurred in a 6-month period  of time and all 
after the applicant had  already served three years with outstanding service.  The applicant complained  that 
the discharge action was too harsh  and that  he had  not been  given  the  opportunity to demonstrate he  had 
been rehabilitated and  could  continue to serve effectively.  He claimed, as well, that his marital problems 
contributed to the problems he experienced at work.  He also alleged racial discrimination and a personality 
conflict with his first sergeant. 

CONCLUSIONS:  The  DRB  concludes  that  the  discharge  was  inconsistent  with  the  substantive 
requirements of the discharge regulation and that as a result, the discharge action was inequitable. 

At the outset, it should be noted  that the DRB found absolutely no evidence of racial discrimination by the 
first sergeant or any other member of the Air  Force.  The applicant provided  no evidcncc of discrimination 
and could not explain why he perceived  such mistreatment.  While there may have been  animosity, or cven 
a personality conflict, on the part of the iirst sergeant, that would have been the product of factors other than 
racial  discrimination  - for  example,  the  first  sergeant  may  have  reacted  to  the  applicant  with  animosity 
because his misconduct and behavior problems created significantly more work for her. 

The  DRB  did,  however,  find  evidence  that  the  discharge  action  was  too  harsh  and  that  the  applicant's 
excellent duty performance and the mitigating circumstances  surrounding his misconduct were not properly 
considered by the chain of command or the discharge authority.  The DRB was particularly impressed with 
the applicant's  duty performance while at his previous base, to include the AFCM.  That duty performance 
together with the absence of any disciplinary action during his previous assignment; the confined period of 
time in  which  his misconduct occurred;  and the  manipulative  behavior  of the  applicant's  ex-wife, which 
contributed  to  the  applicant's  difficulties,  all  suggested  to  the  DRB  that  the  discharge  action  and  the 
characterization were inequitable and inappropriate. 

'The  DRB  concludes that  under the circumstances, an  Honorable  characterization, a change  in the Reason 
and Authority of the Discharge, and a change in the RE Code are all warranted. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C) 

1.  MATTER UNDER  REVIEW:  Appl recrd a GEN Disch fr USAF 99/03/03 UP AFI 36-3208, 
para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch . 

2 .   BACKGROUND: 

a. DOB: 76/01/01,  Enlmt Age: 18 7/12.  Disch Age: 23 2/12. Educ:HS DIPL. 

AFQT: N/A.  A - 4 3 ,   E-43,  G-37,  M-45. PAFSC: 3M051 -  Services Journeyman. 
DAS: 97/07/15. 

b.  Prior Sv: (1) AFRes 94/08/29 -  95/01/10 ( 4   months 12 days)(Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB  95/01/11 for 4 yrs.  Extention 97/07/01 for 8 months. 

Svd: 04 Yrs 01 Mo 23 Das, all AMS. 

b.  Grade Status:  A1C -  99/01/28 (Article 15, 99/01/28) 

SrA -  97/07/11 
A1C -  96/05/11 
AMN -  (EPR  Indicates): 95/01/11-96/09/10 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 99/01/28, Vacation, Pope AFB, NC -  ~rticle 134.  You, 

were, at Dormitory 395, Pope AFB, NC, on or about 19 Dec 
98, disorderly.  Reduction to AlC.  (No appeal) 
(No mitigation) 

(2) 98/11/10, Pope AFB, NC -  Article 92 &  121.  You, who 
knew of your duties, on or about 16 Sep 98, were derelict 
in the performance of those duties, in that you willfully 
failed to deposit final shift funds in the safe at Building 
235, Pope AFB Billeting, as it was your duty to do.  You, 
did, on or about 16 Sep 98, wrongfully appropriate final 
shift funds, of a value of about $50.00, the property of 
the U.S. Government.  Reduction to A1C  (suspended until 09 
May 99, 45 days extra duty, and a reprimand. (No appeal) 
(No mitigation) 

e.  Additional: LOR, 09 NOV 98 -  Failure to pay just debt. 

LOR, 13 OCT 98 -  Failure to go. 
LOR, 02 SEP 98 -  Disobey a lawful order. 
LOR, 27 JWL  98 -  Disobey a lawful order. 

f .   CM:  none. 

g.  Record of SV: 95/01/11 -  96/09/10  McGuire AFB  5  (Initial) 

96/09/11 -  97/07/17  McGuire AFB  5  (CRO) 
97/07/18 -  98/07/14  Pope AFB 
5  (CRO) 

(Discharged from Pope AFB) 

h,  Awards &  Decs:  AFCM, AFSAR, AFTR, NDSM, AFOUA W/2 OLC, AFGCM. 

i.  Stmt of Sv:  TMS: (04) Yrs  (06) Mos  (05) Das 
TAMS:  (04) Prs (01) Mos  (23) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01/11/15. 

(Change Discharge to Honorable) 

Issue 1:  My name is - - - - - - -   and I am a twenty-five year old former member 
of The United States Air Force.  My military career was one of good character 
and outstanding organizational achievements, Such as "Airman Of The Quarter", 
and being selected as "Senior Airman Below The Zonet1. I also received "The Air 
Force Commendation Medal" as an E-3 while stationed at McGuire AFB, NJ.  Despite 
these and other numerous awards, my military career ended on short terms due to 
the decision of those appointed over me.  I had already completed four years of 
faithful service and reenlisted for four more before involuntarily separating. 
For two years or more I have been trying with the help of several V.A, 
administrators to hear my case.  I feel that my case was totally misjudged and 
should be greatly reconsidered due to unfair actions.  Since I was very young I 
longed to be a strong and willing soldier as part of such a wonderful country. 
Therefore I feel that these dreams should not go up in smoke as the result of 
poor leadership.  Far too many cases of maltreatment have gone unreported. 
Please contact me soon about this matter for full details of my situation.  Once 
again thanks for taking the time to read my Letter. 

ATCH 
1. Letter to the Discharge Review Board. 

Dec  1 9  0iiJ&€l:06a 

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DEPARTMENT OF THE AIR FOkCE 

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

MEM0R:ANDUM FOR 43 AWICC 

FROM:  43 AW/JA 

SUBJECT:  Legal Review:  Dis 
Paragraph 5.49 (A1 

2 4  f€B  1999 

1.  BASI!J FOR ACTION: Administrative discharge action was initiated on 10 Feb 99 against 
nder the provisions of AFPD 36-32 and AFI 36- 
linary infractions.  The squadron commander 

reconune:nds separation with a general discharge.  On 22 Feb 99, A1 C Phillips submitted 
statcmen1.s on his behalf (See Attachment 3 to Squadron Commander's Recommendation). The 
rnosf  sev,::~ type of discharge authorized in this case is an under other thm honorable conditions 
discharg{ 

(CJO'THC)  should you elect to initiate board proceedings, 

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- 

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. . . . . . .  

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. 

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. . . . . . . . .   * 

b.  On  or about 16 Sep 98, at or near Pope Air Force Base, North Carolina, A 1 C

m
knt;:w of his duties, was derelict in the performance of those duties, in that he willfully 
failed to deposit final shift funds in the safe at Building 235, Pope Air Force Base, North 
Carolina, as it was his duty to do as documented by an AF Form 3070, Record of 
No njudicial Punishment Proceedings, dated 2 Nov 98. 

who 

c.  On or about 1 6 8 ,

 at or near Pope Air Force Base, North Carolina, 
final shift funds, of a value of about fifty dollars 

wr~:)ngfUlly appro-&e 
pciperty uf the United States government as documented by an AF Form 3070, Record of 
No njudicial Punishment Proceedings, dated 2 Nov 98. 

did, 

d.  Bel.ween on or about 18 lul98 and on or about 29 Oct 98, A1 

q O b e i n g  
MEES, in an unspecified amount, dishonorably failed to pay faid  ebt on divers 
oct:asions as documented by a Letter of Reprimand, dated 9 Nov 98. 

indebted to 

- 

AMC - Global Reach For America 

. 

 

e.  OKI or about 13 Oc t 9-led-to 

go tq his appointed place of duty at the time 

pr1::scribed as documented by a  etter of Reprimand, dated 13 Oct 98. 

having received a lawful command from Major - 

rnmissioned officer, then known by him to be his 
c no contact with his spouse, or words to that effect, 
did, willfully disobey the sme, as documented by a Letter of Reprimand, dated 2 Sep 98. 

g.  Between on or about 
1a1:llful command fro 
tht: n known by him 
spl:)use, or words to that effect, did, willfilly disobey the same, as documented by a Letter 
of Reprimand, dated 27 Jul98. 

having received a 
ssioned officer, 
officer, to have no contact with his 

3.  -. PERSONAL D 
20 Apr 9 3.  His drity 
Force Gcod Conduct Medal, National Defense Service Medal, Air Force Training Ribbon, Air 
Force Outstanding Unit Award, and Air Force Commendation Medal. 

is 23 years old and began serving his current enlistment on 
ecialist, AFSC 3M03 1.  He is entitled to wear the Air 

e m&psu~ to tJ~~~lfidisciplipe %@red  for -tiye 
, 
recofd revealsa hi5tory of minor diiciplinG  infractions 
liction of duty, wrongfbl appropriation, failing to pay a 

just debt, failing to go, and two instances of failing to obey a lawfLl command. 

-- 
. ,318~ 

* + A .  

c.  In determining the proper characterization 
.36..3208, paragraphs 1.17 and  1.18, must b 
ch;:lracterization be based upon the quality of the member's service as reflected in the 
mi:.itary record, as evidenced by personal conduct, performance of duty, and the reasons 
for the discharge action.  Service characterization is usually based on a pattern of behavior 
rather than an isolated incident, the standards of acceptable conduct and performance of 
duly for an airman. 

service, the guidelines in AFI 
guidelines provide that service 

d. 

rvice record reveals several minor disciplinary infractions.  Further, A1 C 
n notice and provided am&  opportunity to bring his conduct up to 
iled to do so.  In this case, s general discharge is warranted because the 

cord outweigh the positive aspects of his service. 
t been so meritorious as to warrant an honorable 

diszharge, nor has his misconduct been to such a degree that a UOTHC disch 
ap1:ropriate. P&R is not appropriate under these circumstances because A1 

a1n::ady been given several opportunities to improve his behavior and elevate it to an 
acceptable standard.  However, he has shown he has no rehabilitative potential.  Thus, it's 
aplxtrent that active duty probationary status would be incorlsistent with the maintenance 
of good order and discipline in the Air Force. 

5.  -,- 0PTII:INS: As the separation authority in this case, you may: 

a.  reje:ct the squadron commander's recommendation and retain A1 

n active duty; 

b.  recohrnend to the GCM that ~1-eceive 

an honorable discharge; 

c.  cor:vene a board hearing if you feel an under other than honorable conditions discharge is 

walmted; 

d:  discharge -th 

a general discharge with or without PBR. 

-. 

- 
6. RECC:>MMENDATiON: Concur with the sauadron commander's recommendation and sign 
discharge with a gencral discharge characterization without 
the letter 
P&R. 

. 

. ..-  . 

~ttt&ment: 
Case File 

I 

)  DEPARTMENT OF THE AIR FOLB 

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

FEB 1 (1 1999 

FROM:  43 SVSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for minor disciplinary 
infiactions. The authority for this action is AFPD 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.  On or about 19 Dec 98, at Dormitory 395, Pope Air Force Base, North Carolina, you were 

disorderly as documented by an AF Form 366, Record of Proceedings of Vacation of Suspended 
Nonjudicial Punishment, dated 26 Jan 99. 

b.  On or about 16 Sep 98, at or near Pope Air Force Base, North Carolina, you, who h e w  of your 

duties, were derelict in the performance of those duties, in that you willfully failed to deposit final 
shift funds in the safe at Building 235, Pope Air Force Base, North Carolina, as it was your duty to 
do as documented by an AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 11 
Jun 98. 

c.  On or about 16 Sep 98, at or near Pope Air Force Base, North Carolina, you, did, wrongly 

appropriate frnal shift funds, of a value of about fifty dollars ($50,00),  the property of the United 
States government as documented by an AF Form 3070, Record of Nonjudicial Punishment 
Proceedings, dated 11 Jun 98. 

d.  Between, on or about 18 Jul98 and on or about 29 Oct 98, you, being indebted to AAFES, in an 
unspecified amount, dishonorably failed to pay said debt on divers occasions as documented by a 
Letter of Reprimand, dated 9 Nov 98. 

e.  On or about 13 Oct 98, you failed to go to your appointed place of duty at the time prescribed as 

documented by a Letter of Reprimand, dated 13 Oct 98. 

f.  On or about 1 Sep 98, you, having received a lawful command from 

your superior commissioned officer, then known by you to be your 
to have no contact with your spouse, or words to that effect, did, willfully disobey the same, as 
documented by a Letter of Reprimand, dated 2 Sep 98. 

AMC - Global Reach For America 

did, willfully disobey the same, as documented by a Letter of Reprimand, dated 27 Jul98. 

on or about 25 Jul98, you, having received a lawful command 
our superior commissioned officer, then known by you to be 
to have no contact with your spouse, or words to that effect, 

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 
cation memorandum.  At that time an appointment will be scheduled for you to 

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

con~ul-he 
another, if the lawyer you request is in the active military service and is reasonably available as 
determined according to AFT 5 1-201.  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. 
5.  You have the right to submit a statement in your own behalf.  Any statements you want the separation 
authority to consider must reach me by  FP hqq  at  (%/I 
extension for good cause shown.  I will send them to the separation authority. 

unless you request and receive an 

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.  Rqort to physical exams on 11 Feb 99 at 0815 
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 
AFI 36-3208, is available for your use at the orderly room. 

Attachments: 
1.  AI: Form 366, dated 26 Jan 99 
2.  AF Form 3070, dated 11 Jun 98 
3.  LOR, dated 9 Nov 98 
4.  LOR, dated 13 Oct 98 
5.  LOR, dated 2 Sep 98 
6.  LOR, dated 24 Aug 98 
7.  LOR, dated 27 Jul98