AIR FORCE DlSCHARGE REVIEW BOARD HEARING RECORD 

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NAME O F  SERVICE MEMBER (LAST, FIRS'I' MIDDLE INITIAL) 

G M D E  

AFSNISSAN 

PERSONAL APPEARANCE 

NAME OF COIINSEL AND OR ORGANIZATION 

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ISSUES 
A93.09, A93.11, A94.05 

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HEARING DATE 

INDEX NUMBER 
A67.10 

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CASE NUMBER 
FD2003-0047 

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VOTE OF 1 H E  BOARD 

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OTHER 

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EXHIBITS SUBMITTED TO THE BOARD 

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1  ORDER APPOIN I'ING  THE BOARD 
2  APPLICATION  FOR REVIEW OF DISCHAKCiE 

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COUNSEL'S  RELEASE  1'0 TI IE BOAKD 
ADD1 TIONAL EXHIBI: I'S SIJBMlTTED A'T  TIME OF 
PERSONAL APPEARANCE 

APPLICANT'S ISSUE AND THE BOARD'S DEClSlONAL RATIONAL ARE DISCUSSED ON THE  ATTACHED AIR FORCE DISCHARGE REVIEW BOARn  ntCISlONAL RATIONALE 

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j  TAPE RECORDING  OF PERSONAL APPERMCL  HEARING 

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REMARKS 
Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/withoat counsel, and the right to 
submit an application to the AFBCMR. 

rSIcNN41URE OFPACQRDER- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 SI(;NAJIIKEOPBP_4RQ _PRESIDENT,  - -, - - - - - - - - - - - - - --n 

TO: 

SAFIMIBR 
550 C STREE'I' WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

MDORSEMGNT 

FROM: 

DATE:  22 MAY 03 

SECRETARY OF THE AIR  FORCE PERSONNEI, C:OIJNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DK, EE WMG, 3XD 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 

FD03-0047 

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 
which would justify  a change of discharge.  The Board did find an impropriety due to the fact that the 
individual had over 6 years of service and was supposed to have an opportunity for an Administrative 
Board.  However, the Board opined that this was a harmless error because by his own actions, the 
respondent has indicated he no longer desires to be in the Air Force.  'She member would havc still received 
a General Discharge, or worse, an UOTHC. 

ISSUE:  Applicant  states that  there were not  enough incidents to warrant a General  Discharge.  He states 
that his disciplinary  record  does not  fairly  describe his whole tour.  He mentions  awards that  he  received 
and  that  he  received  a  reenlistment  bonus.  He  also  mentions  that  he  has  been  a  good  citizen  since  his 
discharge and  has  a  full time job  and  does volunteer  work.  He  believes  his  offenses  werc  only  isolated 
offenses and his ability to  serve was impaired because  of marital  problems and  financial problcrns  due to 
supporting  2  households.  The  record  indicates  the  applicant  received  two  Article  15s  for  being 
disrespectful  in  language and  deportment  toward  a NCO  twice.  He  received  a Vacation  action  under thc 
UCMJ  for failure to go, and he received two Letters  of Reprimand for financial  irresponsibility.  making a 
false official  statement and  failed  to comply with  a direct  order.  The DRB took  note  of applicant's  duty 
performance  as  documented  by  his  performance  reports  and  other  information  contained  in  the  records. 
They  found  the  seriousness  of the  willful  misconduct  offset  any  positive  aspects  of the  applicant's  duty 
performance.  The Board  concluded  the discharge  was  appropriate for the  reasons that  were the  basis  for 
this case.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no 
inequity in his discharge was found in the course of the hearing.  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 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 

A I R   FORCE  DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 18 Dec 01 UP AFI 3 6 -  
3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

2 .   BACKGROUND: 

a. DOE:  10 Feb 78. Enlmt Age: 17 8/12.  Disch A g e :   23 10112. Educ: HS DIPL. 

AFQT: N/A.  A-48,  E-74,  G-64, M-77. PAFSC: 3C051 - Computer Systems 
Operations. DAS: 1 Aug 00. 

b.  prior Sv: (1) AFRes 23 Oct 95 -  23 Jul 96 ( 9  Months 1 Day)(Inactive). 

(2) Enld as AB  24 Jul 96 f o r 4  yrs.  Svd: 3 Yrs  7 Mos 14 Das, 
all AMS.  AMN  -  24 Jan 97.  AIC -  24 Nov 97.  SRA  -  24 Jul 99. 
E P R s :   4 , 3 .  

Article 15's:  (1) 20 Jul 98, Hickam AFB, HI -  Article 91, 
You, did, on or about 25 Jun 98, treat with disrespecful 
language and deportment, MSgt  - - - - - - - -  , a NCO, then known by 
you to be a NCO, who was then in the execution of his office, 
by saying to him, "1 will as soon as they get in the fucking 
vanN or words to that effect, ignoring his instructions to 
move your bag off the seat of a passenger van transporting 
security police augmentees, and failing to make room for 
additional passengers on the van when told by MSgt - - - - -   to 
do so.  Fourteen days extra duty, and a reprimand.  (No 
appeal)  (No mitigation). 

3 .   SERVICE UNDER  RFVIEW: 

a.  Reenld as SRA 10 Mar 00 for 6 yrs. Svd: 1 Yr 9 Mos 9 Das, all M S .  

b.  Grade Status:  A1C -  20 Jun 01  (Vacation of Article 15, 10 Aug 01) 

c.  Time Lost:  None. 

d.  Art 15's: 

(1) 10 Aug 01, Vacation, Pope AFB, NC -  Article 86.  You, 
did, on or about 16 Jul 01, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  Reduction to AlC.  (No appeal) (No mitigation) 

(2) 20 Jun 01, Pope AFB, NC -  Article 91.  You, did, on or 

about 25 May 01, was disrespectful in behavior and 
conduct toward SSgt - - - - - - - ,  a NCO, then known by you to 
be a NCO, who was then in the execution of his office, 

by walking away from SSgt - - - - -   and then returning to 
invade his personal space.  Suspended reduction to AlC, 
and 21 days extra duty.  (No appeal)  (No mitigation). 

e.  Additional: LOR, 16 NOV 01 -  Failure to comply with a direct order. 

LOR, 17 APR 01 -  Financial irresponsibility and making 

several false official statements. 

f .   CM:  None. 

g.  Record of SV: 24 Mar 99 -  23 Mar 00  Hickam AFB  4  (Annual) 

24 Mar 00 -  23 Mar 01  Pope AFB 

3  (Annual REF) 

(Discharged from Pope AFB) 

h.  Awards &  Decs:  AFLSA, AFTR, AFEM, AFOUA W/1  DEV. 

i.  Stmt of Sv:  TMS:  (6) Yrs  (1) Mos  (26) Das 
TAMS: (5) Yrs  ( 4 )   Mos  ( 2 5 )   Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm 293) dtd 18 Dec 02. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO B R I E F  

ATCN 
1. Applicant's Issues. 
2. Letters of Reference. 
3. Enlisted Performance Reports. 
4. Police Record Check. 
5. DD Form 214. 

going above 

There were not enough incidents to warrant my General Discharge, and so warrant an 
upgrade to honorable.  In my first enlistment all my EPR's stated that I was ready for 
promotion.  In my first enlistment I had no LOC's,  or LOR's and only one Article 15 
for arguing which is a minor offense.  My Disciplinary record does not fairly describe 
my whole tour, which was pretty good, and so warrants an upgrade to honorable. 
In my enlisted career I received 2 awards one with a device, 1 ribbon, 1 medal, and 
was personally presented a coin from -or 
and beyond my nprmal job, and so warrants an upgrade to honorable. 
After my first enlistment my request for reenlistment for six years was approved. 
With the position and experience I had created a real need in the Airforce so I was 
paid a reenlistment bonus, and so warrants an upgrade to honorable. 
Atter my first term I received an honorable discharge before reenlisting with each of 
my EPR's, (see attachment) stating I was ready for promotion.  I do not believe that 
the incidents that happened in my last 1 year and 7 months should cloud my record 
for the first term, so warrants an upgrade to honorable. 
I have been a good citizen since discharge.  I gotten a job in a window factory, (see 
letter of recommendation from Simonton Windows).  I have also done volunteer work 
for Church activities (see letter of recommendation from-. 
I have 
a clean police record.  I also believe I have done as much as I can for the community 
to make it a better place, so warrants an upgrade to honorable. 
My NJP7s/article 15's and LOR's  indicate only isolated or minor offenses, and so 
warrants an upgrade to honorable. 
My ability to serve was impaired because of marital problems. At the point of 
discharge I had been working almost 2 years trying to get my  wife -into 
country from Turkey.  We were separated all that time by my being assigned to Pope 
AFB NC and she not being able to get into the USA.  The Visa had been denied 2 
times and the Embassy would not work with my congressman or my paralegal.  This 
caused a conflict in my family so impaired my ability to serve and so warrants an 
upgrade to honorable. 
Financial problems with supporting 2 households, legal and medical fees for my 
spouse impaired my ability to serve.  With this I was unable to fully devote my 
abilities in serving my country because of the additional stress in my life and so 
warrants an upgrade to honorable. 
I tried to apply for a compassionate reassignment but was unfairly told I did not have 
enough seniority and told to forget it.  I was told that I had orders to PCS from 
Hickam AFB HI to Pope AFB NC the first time I asked for a Compassionate 
reassignment.  I was told that I had to be on station for at least 2 years before I could 
apply for a reassignment the second time I asked.  Each time no paperwork was 
started and I was told to forget it and so warrants an upmde to honorable. 

this 

THE AIR FORCE 
AIRLIFT WING (AMC) 
POPE AIR FORCE BASE NORTH CAROLINA 

6 Dec 01 

~EROM:  43 CS/CC 

374 Maynard Street 
Pope AFB, NC 28308 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom 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.  You 
understand that approval of this recommendation for your discharge could result in you receiving 
an under other than honorable conditions discharge, if the convening authority determines such 
characterization is warranted and directs initiation of a discharge board.  I am recommending that 
your service be characterized as general. 

2.  My reasons for this action are: 

a.  Or or about 29 Oct 01, you did, at or near Pope AFB NC, having received a lawful order 

from -a 
noncommissioned officer, to not alter the configuration on a governmen$ computer, an order 
which it was your duty to obey, willfully disobeyed the same as documented by a Letter of 
Reprimand, dated 16 Nov 01. 

noncommissioned officer, then known by you to be a 

b.  On or about 16 Jul01, you did, at or near Pope AFB NC, without authority, fail to go at the 

time prescribed to your appointed place of duty, to wit:  Building 514 as documented by AF 
Form 366, Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, dated 
10 Aug 01. 

c.  On or abo 
conduct toward 
a non-cornmissi 
-and 
3070, Record of Nonjudicial Punishment Proceedings, dated 20 Jun 01. 

or near Pope AFB NC, disrespectful in behavior and 
a non-commissioned officer, then known by you to beh, 
n in the execution of his office, by walking away from 

then returning to invade his personal space as documented by an AF Form 

d.  On or about 17 Apr O), investigation revealed that you failed to comply with the 

requirement to pay several of your debts during the months of January and ~ebrbary 2001 as 
documented by a Letter of Reprimand, dated 17 Apr 01. 

AMC-Global  Reach for America 

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 Special Court 
Martial (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. 

4. You have a right to consult counsel, Military legal counsel has been obtained to assist you. 
(extension 4-2362) at the Area Defense Counsel's office immediately 
contact 
emorandum. At that time an appointment will be 
hfter being served with this 
scheduled for you to consult 
the Area Defense Counsel.  You may consult 
civilian counsel at your own expense.  The h r  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 11 Dec 01 at 1430 hours unless 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 awn behalf in three days, 
your failure will constitute a waiver of your right to do so. 

7.  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. 

Commander 

USAF 

7 

Attachments: 
1.  Letter of ~ e ~ r i m k d ,  
16 Nov 0 1 
2.  AF Form 366, dated 10 Aug 01 
3.  AF Form 3070, dated 20 Jun 01 
4.  Letter of Reprimand, dated 3 7 Apr 01