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PERSONAL APPEARANCE 

RECORD REVIEW 

N \ M E  O F  COllhSEL AYD O R  ORGAhIZATlOh 

ADDRFSS A h D  O R  ORGANIZATlOh O F  ( Ol'hSLL 

MEMBER SITTING 

VOTE OF THE BOARD 
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EXHIBITS Si!BMITTED TO THE WAY 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGI.: 
LETTER OF NOTIFICATION 

IIE,\RING  DATE 

CASE NlibIBER 

COUNSEL'S  RFLEASE TO THE BOARD 

I  ADDITIONAL E?(HI8I'TS SUHMIlTED AT  I'IME Ob 

PERSONAL APPEARANCE 

APPLICANT S  ISSUE AND THE BOARD'S DECISIONAL RATlOMAI, ARE DI!XUSSER ON THE ATTACHED AIR FORCE D I S W ~ R E V T E W  BOARDDECISIONALRATlONAtE 

TAPE RECORDING Ob  PERSONAL APPERANCIJ 

8 

8 

1  Case heard at Washington, D.C 

Advise applicant of tlie decision oftlie Board, tlie right to a personal appearance witli/witliout  cou~isel, and the right to 
submit an application to tlie AFBCM R 

TO: 

SAFIMRBR 
550 C STREET WEST.  SUITE 40 
RANDOLPH AFB.  TX 781 50-4742 

FROM: 

SECRETAR)  O F T H E  AIR FORCE PERSONNELCOlfh( I L  
41R  FORCE DISCHARGE REVIEW  BOARD 
IS35 C O M M A N D  DR. EE W ING.3RD  FLOOR 
4NDREHS AFB,  hlD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

C A S E  iri0hlBk.R 

FD-2003-00028 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, and change of reason for discharge. 

T'he applicant appeared and testified  before the Discharge Review  Board (DRB), without counsel, at Andrews 
AFB, MD on  October 2,2003. 

T'he following additional exhibits were submitted at the hearing: 
Exhibit 6: Military pay statements (6) January - April 2000 
Exhibit 7: Nassau Community College enrollment letter, 30 Sept 03 
Exhibit 8: Reference letters (3) 
Exhibit 9: Applicant's sumrnary of case 
Exhibit  10: Copy of applicant-s request for early discharge, undated. 

FINDINGS: The discharge is upgraded to Honorable, and  the reason for discharge is changed to Secretarial 
Authority.  Change of the reenlistment code is denied. 

The Board  tinds that evidence of record and that provided  by  the applicant substantiates an  illjustice that justifies 
upgrade of the discharge. 

ISSUES:  The applicant's  issues are listed  in the attached brief.  The applicant contends his discharge was harsh and 
that he was punished  in fashion that was inconsistent with disciplinary actions applied to other airmen in  his unit and 
that he was unfairly treated and  singled out by  his supervisory chain.  He  identifies the circumstances surrounding his 
financial problems as mitigating factors.  He contends that the positive aspects of his service outweigh the negative 
and  also cites post service accomplishments as reflective of his overall character. 

T'he applicant received 2 Articles 15 and  a Letter of Reprimand for working an  off duty job while on convalescent 
leave, failure to pay a just  debt and  improperly initialing an aircraft maintenance document. 
The Board  noted the applicant's  superior duty performance as reflected  in enlisted performance reports including the 
narrative comments in his final enlisted report that encompassed the period oftime during which he received  his 
Article  15's.  The applicant's  post service conduct reflects positively on  his character.  After reviewing the records and 
listening to testimony. the Board concluded that the applicant's punishments were harsh and not rehabilitative in 
nature and that the applicant's  discharge was in turn too harsh.  The Board opined that the misconduct, partially 
mitigated by  legitimate circumstances, minimally supported discharge and that probation and  rehabilitation would 
have  been a Inore appropriate course of action for an otherwise outstanding duty performer.  Although not  specifically 
requested, the Board also considered whether to upgrade the applicant's reenlistment code and  decided to deny R E  
code upgrade based  on the totality of the case. 

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.  However evidence of the 
record  and  testimony finds the discharge inequitable arid  service deserving of characterization as honorable. 

In  view of the foregoing findings the Board further concludes that there exists an equitable basis for upgrade of 
discharge, thus the applicant's discharge should be  changed to Honorable, and the reason changed to Secretarial 
Authority. 

Attachment 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

MISSING MEDICAL RECORDS 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF 3 Nov 00 UP AFI 36-3208, 
para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 21 Sep 74. Enlmt Age: 22 11/12.  Disch Age: 26 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-77,  E-77,  G-88,  M-50. PAFSC: 2A431 - Aircraft Guidance &  Control 
Apprentice. DAS: 29 May 98. 

b.  Prior Sv:  (1) AFRes 29 Aug 97 -  23 Sep 97 (26 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 24 Sep 97 for 4 yrs. Svd: 3 Yrs 1 Mo 11 Das, all AMS. 

b.  Grade Status:  AMN -  27 Sep 00 (Article 15, 27 Sep 00) 

A1C -  (EPR Indicates) :  24 Sep 97-23 May 99 
AMN -  24 Mar 98 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 27 Sep 00, Dover AFB, DE -  Article 134 -  You, being 

indebted to Doctor - - - - - - - - -   in the sum of $1,099.39 for 
surgery for a herniated disc, which amount became due 
and payable on or about 10 Feb 00, did, from on or about 
10 Feb 00 to on or about 13 Sep 00, dishonorably fail to 
pay said debt.  Reduction to AMN.  (No appeal) (No 
mitigation) 

(2) 7 Mar 00, Dover AFB, DE -  Article 92.  You, who should 

have known of your duties, between on or about 15 Jan 00 
and on or about 16 Feb 00, were derelict in the 
performance of those duties in that you willfully failed 
to refrain from working your part-time job at - - - - - - - - -  
while on convalescent leave, as it was your duty to do. 
Suspended reduction to AMN, and 45 days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 2 OCT 00 - Dereliction of duty. 

P 

f.  CM:  None. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 4 3 6 ~ H  AIRLIF~ W ~ N G  (AMC) 

,GD2003 - 0 0 ~ 2 ~  

EROM:  436 AGSICC 

SLBJECT:  Notification Memorandum 

1.  I an recommending.your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If you are 
discharged, your discharge will be characterized as honorable or general.  I am recommending that your 
service be characterized as general. 

2.  My reasons for this action are: 

a.  You, who should have known of your duties, at or near Dover Air Force Base, Delaware, on or 

about 25 September 2000, were derelict in the performance of those duties in that after you completed a 
repair on a madar power switch, you signed off the repair in the AFT0 781A forms.  You  signed off the 
corrected by  block and then signed off the symbol.  The write-up was written on a Red X, which you 
were not authorized to sign off.  IAW TO 00-20-1, para 3-2.6 and 3-2.6.1, only inspectors authorized to 
clear Red X entries may do so.  For this you received a Letter of Reprimand, dated 2 October 2000. 

b.  You, being indebted to 

n the sum of $1,099.39 for surgery for a 

herniated disc, which amount became due and payable on or about  I0 February 2000, did at or near 
Dover , Delaware, from on or about  10 February 2000 to on or about 13 September 2000, dishonorably 
fail to pay said debt.  For this you received an Article 15, dated 27 September 2000.  Your punishment 
was a reduction to the grade of Airman.  This action was placed in your Unfavorable Information File. 

c.  You, who should have known of your duties, at or near Dover, Delaware, between on or about 15 
January 2000 and on or'about  16 February 2000, were derelict in the performance of those duties in that 
you willfully failed to refrain from working your part-time job at Bank of America while on convalescent 
leave, as it was your duty to do.  For this, you received an Article 15, dated 7 March 2000.  Your 
punishment was a suspended reduction to the grade of Airman and 45 days extra duty.  The action also 
led to the establishment of an Unfavorable Information File. 

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. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I have 
, the Dover Air Force Base Area Defense Counsel, 
made an appointment for you to consult 

at x-6995, Bldg. 261,3rd Floor, on 17 October 2000 at 0830 hours.  You may consult civilian counsel at 
your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to consider must reach me by 
receive an extension for good cause shown.  I will send them to the separation authority. 

, (3 duty days) unless you request and 

I 9 4 bc-7  o 

5.  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. 

1 .

 

6. You have been scheduled for a medical examination. You must report to Physical Exams in the Flight 
Surgeons office, Building 305, X-2553, at ~ ~ C h o u r s  

 6p  for the examination with 

on  & 6

0

Please report to the Flight Surgeons office 1 hour prior to this appointment to fill out the 

proper documents. If you have any questions or need to reschedule this appointment, please call TSgt 
Grubb at ext. 2659. 

7.  Any personal informiation you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of 
AFI 36-3208 is available for your use in the orderly Room. 

Attachments: 
1.  Supporting Documents: 

a.  Letter of Reprimand, dated 2 October 2000, with supporting evidence 
b.  Article 15, dated 27 September 2000, with supporting evidence 
c.  Article 15, dated 7 March 2000, with supporting evidence 
d.  Unfavorable Information File Summary 

2.  Airman's Receipt of Notification Memorandum