- TYPE 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

COUNSEL 

I  NAME O F  SERVICE MEMBER (I.AST,  FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AFSNISSAN 

AMN 

 

1-

X  RECORD REVIEW 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

I N 0  

X 

MEMBERS SITTING 

VOTE OF THE BOARD 

I ~ O N  

GEN 

IJOTHC 

OTIIER 

DENY 

ISSUES 
A92.01, A92.21, A94.05 

HEARING DATE 
I6APR 03 

MDEX NUMBER 
A67.10 

I 

CASE NUMBER 
FD2002-0531 

I 

EXHIBITS SUQMInED TO THE BOAR0 

APPLICATION FOR REVIEW OF DISCHARGE 

- 
1  I  ORDER APPOINTMG THE BOARD 
2 
3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE 'I'O TIIE BOAR11 
ADD11 IONAI.  EXHIBITS SUBMITTED AT  TIME O F  
PERSONAL APPEARANCE 

APPLICANT'S ISSUE AND THEBOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlON.kLE 

I 

TAPE RECORDING Of PERSONAL APPERANCE HEARING 

Case heard at Washington, D.C. 

Advise applicant of the decision ofthe Board, the right to n personal appearance withiwithout counsel, and the right to 
submit an application to the AFBCMR. 

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I 

SIGNATURE OF RECORDER 
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1  SIGNATURE OF BOARD PRESIDENJT 
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L - - - _ - - - - - - - - - - - - - - - - - - - - - - 7 - - - - - - - - - - r -  

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TO: 

SAFNIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFR. TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

FROM: 

I 

(EF-V2) 

DATE:  16APR 03 

SECRETARY OF TIIE 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 NUhlBER 

FD02-053 

GENERAL:  The applicant appeals for upgrade of discharge to tlonorable. 

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 Pdctors 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 woilld justify  a change of discharge. 

ISSUE:  Applicant  does not  contest his  discharge.  He  states that  it was  too harsh  because he performed 
adequately  and  that  his  conduct  since  his  separation  has  been  exceptional.  The  record  indicates  the 
applicant  received  two  Articles  15 for  failure to  go  and  for  negligently  failing to  review  the  personnel 
schedule on a daily basis.  In addition, he received a Vacation action under the UCMJ for willfully failing to 
retrieve  the exit light battery  retaining  cap from the  aft left  lock of a C-130 aircraft  cargo ramp.  He then 
received three Letters of Reprimand and a Memorandum For Record for failure to report for work, failure to 
obey a general order, misuse of a government computer, and dereliction of duty.  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 DISCWARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 19 Sep 01 UP AFI 36- 
3208,' para 5.49  (Misconduct -  Minor Disciplinary Infractions).  ~ppeals for 
Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 27 Sep 79. Enlmt Age: 18 4/12.  Disch Age: 21 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-34,  E-72,  G-48,  M - 7 2 .   PAFSC: 2AS51J -  Aerospeace Maintenance 
Journeyman. DAS: 19 Aug 99. 

b.  Prior Sv:  (1) AFRes 2 Feb 98 -  1 Dec 98  (10 Months) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enld as AB 2 Dec 98 for 6 years. Svd: 2 Yrs 9 Mos 18 Das, all AMS. 

b.  Grade Status:  AB  -  31 May 01 (Vacation of Article 15, 2 Aug 01) 

A1C -  23 Jan 99 

c.  Time Lost:  None. 

d.  Art 1 5 ' s :   (1) 2 Aug 01, Vacation, Ramstein AB, GE -  Article 92.  You, 

who knew of your duties, on or about 16 Jul 01, were 
derelict in the performance of those duties in that you 
willfully failed to retrieve the exit light battery 
retaining cap from the aft left lock of the cargo ramp, 
where you had dropped it,' as it was your duty to do. 
Reduction to AMN.  (No appeal) (No mitigation) 

(2) 31 May 01, Ramstein aB, GE -  Article 92.  You, who knew 
or should have known of your duties, on or about 28 Aps 
01, were derelict in the performance of those duties in 
that you negligently failed to review the personnel 
schedule on a daily basis, as it was your duty to do. 
Suspended reduction to AMN, 14 days extra duty, and a 
reprimand.  (No appeal) (No mitigation) 

(3) 2 Aug 99, Little Rock AFB, AR  -  Article 86.  You did, 
on or about 8 Jul 99, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Suspended reduction to AMN, forfeiture of $100.00 pay 
per month for 2 months, and a reprimand. (No appeal) (No 
mitigation) 

e.  Additional: LOR, 30 JUL  01 -  Dereliction to duty. 

MFR, 09 MAY 01 -  Failure to report for work. 
LOR, 08 JUN 00 -  Misuse of a government computer by 

LOR, 02 AUG 99 -  Failure to obey a general order or 

forwarding an unauthorized e-mail message. 

regulation. 

f.  CM:  None 

g.  Record of SV: 2 Dec 98 -  1 A u g  00  Ramstein AB  3  (Initial) REF 

(Discharged from McChord AFB) 

h.  Awards &  Decs:  AFTR, AFOUA, AFOLTR 

i.  Stmt of Sv:  TMS: (3) Yrs  (7) Mos  (18) Das 
TAMS: ( 2 )   Yrs  (9) Mos  (18) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 6 D e c   02. 

(Change Discharge to Honorable) 

Issue 1:  Although, my military career was not exemplary, I feel that my 

specific job duties, as a C-130 crew chief, were performed adiquatly (sic).  I 
have attatched  (sic) a letter of apreciation, (sic) which unfortunately is the 
only writen (sic) proof, of my militaxy conduct during my enlistment, to my 
knowledge.  I hope this LAP will be taken into serious, consideration during the 
review of my military record.  My training and service, on C-130E Hercules 
Aircraft, during my enlistment was, to my knowledge, exceeding, or up to the 
standards and qualifications required by the Air Force. 

Issue 2:  I do understand that a major aspect of this review will be based 

on the infractions, all thought  (sic) minor for the most past in my opinion, 
documented in my personel  (sic) file (s) .  Please, be aware that my conduct since 
my separation has been exceptional.  I, however, do not whish  (sic) to make 
excuses for my past infractions as an enlisted member of the US. Air Force.  I 
have made mistakes in my life as has everyone.  No one is perfect least of all 
me. 

Issue 3:  On another note, coming from a family with an extensive military 

background, and the fact that I am the only member, of either side, of my family 
that has not finished a full term in the military, I have felt an enormous 
amount of stress and shame, brought on by my mistakes.  In a more literal way of 
expressing myself, I have esentially (sic) had a rude awakening, and hope that 
this review and the opinion of the review board will in fact see that I have 
"served the time for the crime".  Thank you for your time. 

ATCH 
1. Letter of Appreciation. 

DEPARTMENT OF THE AIR  FORCE 

86TH AIRLIIT WING (USAFE) 

, trJ  AWG  2001 

FROM:  37 ASICC 

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 AFPD.36-32 and AFT 36-3208, paragraph 5.49, 
Minor Disciplinary Infractions. If my recommendation is approved, your service will be 
characterized General (Under Honorable Conditions). 

2.  My reason for these actions are: 

a.  On or about 8 July 1999, you failed to go at the time prescribed to your appointed place of 
duty.  For this incident you received nonjudicial punishment dated 2 August 1999. Punishment 
consisted of reduction to the grade of Airman suspended until 1 February 2000, forfeiture of 
$1 00.00 pay per month for two months, and a reprimand.  Additionally, an Unfavorable 
Information File (UW) was established (Atch 1 a). 

b.  On or about 2 August 1999, you failed to obey a lawful general regulation.  For this 

incident you received a letter of reprimand (LOR) dated 2 August 1999. Additionally, this LOR 
was placed in your existing UIF (Atch lb). 

c.  On or about 6 June 2000, you forwarded a chain letter.  For this incident you received a 

LOR dated 8 June 2000 (Atch lc). 

d.  On or about 28 April 2001, you were derelict in your duties, in that you negligently failed 

to review the personnel schedule on a daily basis.  For this incident you received nonjudicial 
punishment dated 3 1 May 2001.  This nonjudicial punishment action was placed in your existing 
UIF (Atch Id). 

e.  On or about 16 July 2001, you failed to retrieve an exit light battery retaining cap from an 
airplane cargo ramp.  For this incident you received a Letter of Reprimand dated 30 July 2001. 
Additionally, the suspended portion of you nonjudicial punishment was vacated on 2 August 
2001.  This punishment consisted of a reduction to the grade of Airman, with a new date of rank 
of 3 1 May 2001  (Atch le). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial jurisdiction, or 
a higher authority, will decide whether you will be discharged or retained in the United States 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 United States Air Force, and any special pay, bonus, 
or education assistance funds you have received may be subject to recoupment. 

4.  You have the right to consul 
You have an appointment with 
Base, Germany, Bldg 21 11,4 
employ civilian counsel, if readily available, at your o G  expknse.  The Area Defense Counsel 
requests that you stop by their office prior to your appointment to pickup the Administrative 
Discharge Booklet. 
* 
5.  You have the right to submit statements on your behalf,  Any statements you want the 
separation authority to consider must reach me by (3 duty days)  I
 
unless you request and receive an extension for good cause shown.  I wi 1 send them to the 
separation authority. 

obtained to assist you. 
sel, Ramstein Air 
. You may consult and 

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at  a t a 9 3 0   hours 

A

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

7.  You must report in uniform with your medical records and an escort to the Rarnstein Air Base 
Clinic, Physical Exams, Building 2182 on 
for the evaluation.  They will 
decide whether you need a complete physical exam or a family practice appointment.  If an 
examination is required, tell the doctor you need a "separation" physical examination, If you 
wear glasses, you must bring them with you.  If you wear contacts, you must be able to remove 
them. 

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

9.  Execute the attached acknowledgement and return it to me immediately. 

Attachments: 
1.  Supporting Documents: 

a.  Nonjudicial Punishment/UIF dated 2 Aug 99 
b.  Letter of ReprimandNIF dated 2 Aug 99 
c.  Letter of Rqrimand dated 8 Jun 00 
d.  Nonjudicial Punishment/lTIF dated 3 1 May 01 
e.  Letter of Reprimand dated 30 Jul OlNacation action dated 2 Aug 01 

2.  Other Document:  Denial of Air Force Good Conduct Medal, dated 17 Aug 00 
3.  Airman's Receipt of Notification Memorandum