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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AFSNISSAN 

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2  APPLICATION FOR REVIEW OF DISCHARGE 
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I  4 

LEITER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 
I TAPE RECORDING OF PERSONAL APPERANCE HEARING 

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MEMBERS SITTING 

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HEARING  DATE 
03 06 12 

CASE NUMBER 
FD2003-00027 

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I  Case heard at Washington, D.C. 

*Change reason authority to Secretarial Authority 

The AFDRB determined the applicant's  reenlistment (RE) Code will not be changed.  The applicant can still apply for a 
waiver from the branch of service that he wishes. 

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

SAFIMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

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

FD2003-0002., 

GENERAL:  The applicant appeals for upgrade of his discharge fiom General to Honorable, to change the 
reason for the discharge, and to change his reenlistment code.  The applicant appeared without counsel and 
testified before the Board at Andrews AFB, MD, on June 12, 2003.  The applicant was accompanied by his 
f
i
hearing: 

 who also testified at the hearing.  The following additional exhibits were submitted at the 

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,

Exhibit 6:  Statement of Applicant, June 5,2003 
Exhibit 7:  New York City Record Review Request (for criminal history), June 10,2003 
Exhibit 8:  Money order receipt for criminal history request 
Exhibit 9:  Character letter from Anna Giza, May 15, 2003 
Exhibit  10:  Character letter fiom Tommy Barbot, May 23,2003 
Exhibit  1 1 : Character letter from Julie Matos, May 2 1,2003 
Exhibit  12:  Applicant's resume, May 23, 2003 
Exhibit  13:  New York Criminal Report, June 13,2003 

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

FINDINGS:  The applicant's discharge is upgraded to Honorable and the reason for the discharge is changed 
to secretarial Authority.  A change of the applicant's  reenlistment code is DENIED. 

Issues:  The applicant contends that his general discharge was inequitable because it was too "harsh and cruel." 
The  applicant also contends  that  under  the  circumstances,  the allegations of spousal  abuse,  alleged  financial 
irresponsibility,  and  failures to  adhere to Air  Force standards were improperly applied  in his  case.  He finally 
contends that h e w as n ot a fforded a n  adequate  opportunity at rehabilitation p nor t o  d ischarge.  The records 
indicate  that  the  applicant  was  discharged  for  minor  disciplinary  infractions  after  receiving  four  letters  of 
counseling,  four  letters  of reprimand,  a  letter  of  admonishment,  and  an  Article  15 within  a 23  month  period 
before his discharge.  The Board notes however, that the applicant's  duty performance was satisfactory and that 
the bulk  (7 of  10) of his  minor  disciplinary  transgressions  occurred  in  the  six  months immediately before  his 
discharge;  a period  during which  the  applicant  was  undergoing  severe marital  discord.  After  a thorough  and 
complete  consideration  of  the  information  submitted  by  the  applicant,  the  applicant's  forthright  personal 
testimony, and the information contained in the record, the Board concluded that there was sufficient mitigation 
and extenuation  in the applicant's  circumstances at the time to substantiate upgrading the applicant's  discharge 
and  to  change  the  reason  for  the  discharge.  The  Board  however,  concluded  that  the  circumstances  of  the 
applicant's  personal  life have not sufficiently resolved to support the change of his reenlistment code. 

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 however, the Board further concludes that the overall quality of the applicant's 
service is more accurately reflected by an honorable discharge and that the reason for the discharge is more 
accurately described as Secretarial Authority.  The applicant's  characterization and reason for discharge should 
be changed to Honorable and Secretarial Authority under the provisions of Title 10 U.S.C, Section 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE RJNIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER RJNIEW:  Appl rec'd a GEN Disch fr USAF 26 Jun 95 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, to Change the RE Code, Reason and Authority. 

2.  BACKGROUND: 

a. DOB: 30 Jul 73. Enlmt Age: 19 1/12.  Disch Age: 21 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-68,  E-57,  G-59,  M-36. PAFSC: 3S031 -  Personnel Apprentice. 
DAS: 12 Jan 93. 

b.  Prior Sv: None 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 11 Sep 92 for 4 yrs. Svd: 2 Yrs 9 Mo 16 Das, all AMS. 

b.  Grade Status:  A1C -  11 Jan 94. 

AMN  -  Unknown. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 26 May 94, McClellan AFB, CA -  Article 92.  You, having 
knowledge of a lawful order issued by TSgt - - - - - -  not to 
use official telephones for unofficial calls, an order 
which it was your duty to obey, did on divers occasions, 
between on or about 11 Jan 94 and on or about 18 May 94, 
fail to obey the same by wrongfully making unofficial 
telephone calls on official telephones.  Seven days 
extra duty and a reprimand. (No appeal)  (No mitigation) 

e.  Additional: LOR, 16 MAY 95 -  Assaulting spouse. 

LOR, 02 MAY 95 -  Late for work. 
LOA, 01 MAY 95 -  Failure to go. 
LOR, 28 APR 95 -  Violation of Article 134 by violating a 

trust. 

LOCI 21 APR 95 -  Parking violation. 
LOR, 01 MAR 95 -  Late for duty. 
LOCI 30 JAN 95 -  Late for duty. 
LOCI 22 OCT 93 -  Failure to go. 
LOCI 11 J U N   93 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 11 Sep 92 -  10 May 94  McClellan AFB  3  (Intial) 

(Discharged from McClellan AFB) 

h.  Awards &  Decs:  AFAM, AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (9) Mos  (16) Das 
TAMS: (2) Yrs  (9) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 30 Dec 02. 

(Change Discharge to Honorable, Change RE Code, Reason and Authority) 

Issue 1:  There are several issues I would like the Board to review.  Those 
issues are but not limited to:  Letters of Reprimand, Letters of Counseling and 
Article 15. 

Although punishable, I feel it was harsh and cruel.  I know then as I know now 
that without a doubt I would have redeemed myself. 

Attached to this form there are two letters written by myself giving 
explanations and my feelings concerning my discharge.  I hope they are helpful 
in making your decision.  Thank you. 

ATCH 
1. Request for Examination of Military Records. 
2. Personnel Statement. 
3. Three Letters of Recommendation. 

. 

. 

.  .. 

DEPARTMENT OF THE AIR  FORCE 
HEADQUARTERS SACRAMENTO AIR  LOGISTICS CENTER (AFMC) 

McCLELLAN AIR  FORCE BASE, CALIFORNIA 

5  JWN  1s 

MEMORANDUM FOR A 1 C 

FROM:  77 MSSICCQ 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions and Commission of a Serious Offense.  The authority for this action is AFPD 36-32 
and AFI 36-3208, paragraphs 5.49.  If my  recommendation is approved, your discharge will be 
characterized as  General.  I  am  recommending that  your  service be  characterized as General 
(Under Honorable Contions). 

2.  My reasons for this action are: 

a.  On or about 11 Jun 93, you failed to attend a Director of Personnel Call despite the fact that 
it was a mandatory formation.  For this incident you received a Letter of Counseling, dated  11 
Jun 93. 

b.  On or about 22 Oct 93, you failed to attend a morning workout session that  was mandatory 
for  all  members  assigned  to  your  workcenter.  For  this  infraction  you  received  a  Letter  of 
Counseling, dated 22 Oct 93. 

c.  Between on or about  11 Jan 94 and on or about 18 May 94, you having a knowledge of a 
lawful order issued by TSgt 
ot to use official telephones for unofficial calls, 
an order which  it was your  duty to  obey, did  on divers occasions, at or near McClellan AFB, 
California, fail  to  obey  the  same by  wrongfully  making unofficial  telephone calls  on  official 
telephones.  For this breach discipline you were punished under Article 15 of the Uniform Code 
of Military Justice on 26 May  94. 

d.  On 27 Jan  95,  you  were  15 minutes  late for work  after being  briefed  previously on the 
necessity of arriving at work on-time.  For this incident you received a letter of counseling, dated 
30 Jan 95. 

e.  On 24  Feb  95,  you  failed to  report  for  duty  at building  10, Military Personnel  Flight, 
Relocations Section at the required time of 0730hrs.  You reported for duty at 0740hrs; no one in 
a  position  of  authority  gave  you  permission  to  report  for  duty  late.  For  this  infraction you 
received a letter of reprimand dated, 1 Mar 95. 

f.  On 20 and 21 Apr 95, at building  10, (Military Personnel Office) you parked in a parking 
stall designated specifically for customer parking only.  You had been told  several times not to 
park in areas designated for customer parking.  For this breach of discipline you received a letter 
counseling dated 2 1 Apr 95. 

g.  On or about 27 Apr 95, you violated the trust that was given to you by your supervisor by 
that she would be discharged on  12 May 95 in violation of Article  134 

informing A
of the UCMJ.  For this incident you received a letter of reprimand dated, 28 Apr 95. 

B

 

h.  On  17 Apr 95, you were scheduled to attend a mandatory Personal Financial Management 
Program appointment.  Moreover, you were issued a form letter by  the First Sergeant for which 
you  acknowledged receipt  that  listed  specific  items  that  you  were  required  to  bring  to  this 
appointment,  nevertheless, you  failed  to bring  those  items.  For this  you  received  a  letter  of 
admonishment dated, 1 May 95. 

i.  On  1 May  95, you  failed to report to your appointed place of duty, building  10, Military 
Personnel Flight,  Relocations Section,  on-time at  0730hrs.  Instead,  you  reported  at  0745,  15 
minutes late, despite the fact that you had  been previously counseled about being late to work. 
For this infraction you received a letter of reprimand, dated 2 May 95. 

j.  On  28  Apr  95,  you  initiated  a  physical  altercation  between  yourself  and  your  wife. 
Additionally, on  30 Apr  95, you were  involved  in  a mutual  assault between youself and your 
wife.  On  11 May  95, the aforrnentioned claims were substantiated by  cap- 
the  Family 
Advocacy  Officer here  at  McClellan AFB.  For this  you  received  a  letter  of  reprimand  dated, 
16 May 95. 

Copies  of  the  documents  to  be  forwarded  to  the  separation  authority  in  support  of  this 
recommendation are attached.  The commander exercising Special Court-Marital 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. 

4.  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 Capt 
Area  Defense Counsel, 
6 A u ~  q5 
McClellan  AFB,  Bldg  3,  ext.  5153,  on 
hrs.  You  may 
consult civilian counsel at your own expense. 

'at  0900 

. 

5.  You have been  scheduled for a medical examination.  You must report to the 77th Medical 
Group's  Clinic here at McClellan AFB on )3  Jun 95 at 071 5hrs. 

7 

6.  You have the right to submit statements in your own behalf.  Any statements you  want the 
separation authority to consider must reach me by  gjun ti$  - \ \ J L ~  lC3QhkS  , unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

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

8.  Any personal information you hrnish in rebuttal is covered by the Privacy Act of  1974.  A 
copy of AFI 36-3208, is available for your use in the 77th Mission Support Squadron's Orderly 
Room. 

i 

Commander 
Headquarters Squadron Section 

Attachments: 
1.  Letter of Counseling - 1 1 Jun 93 
2.  Letter of Counseling - 22 Oct 93 
3.  AF Form 3070,26 May 94, wI9 atchs 
4.  Letter of Counseling - 30 Jan 95 
5.  Letter of Reprimand - 1 Mar 95 
6.  Letter of Counseling - 21 Apr 95 
7.  Letter of Reprimand, 28 Apr 95, wI3 atchs 
8.  Letter of Admonishment - 1 May 95 
9.  Letter of Reprimand - 2 May 95 
10. Letter of Reprimand - 16 May 95 
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