AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

BER (LAST, FIRST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

GRADE 

1  AIC 

RECORD REVlEW 

YES 

I 

No 

1 
I  x  I  None 

I 
I 

MEMBER SITTING 

ISSUES 

INDEX NUMBER 

A67.10 

I 

03 Sep 2003 

CASE NUMBER 
FD-2003-00072 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

I 
2 
1  3  1  LETTER OF NOTIFICATION  7 

BRIEF OF PERSONNEL FILE 

TAPE RECORDMG OF PERSONAL APPERANCE 

*Change reason and authority to Secretarial Authority.  SPD:JFF 

Case heard at Washington, D.C. 

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB), but after 
review of the records, the case was tendered for consideration to determine if the Board would grant the 
relief requested based on the record. 

1  Advise applicant of the decision of the Board. 

/I 

TO: 

SAFMRBR 

RANDOLPH AFB, TX 78 150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCEARGE  REVlEW 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 

FD-2003-00072 

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

The  applicant  was  scheduled  for  a  personal  appearance  before  the  Discharge  Review  Board  (DRB)  at 
Albany,  New  York,  on  October  25,  2003,  but  after review  of  the  records, the  Action  Officer decided to 
tender the  case  for  consideration to  determine if the  Board  would  grant  the  requested  relief based  on the 
record. 

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

FINDINGS:  Based on its own initiative, the Board grants the requested relief, based on the record. 

The  Board  finds  that  neither  the  evidence  of  record  or  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable. 

ISSUE:  Applicant infers discharge was inequitable because it was too harsh.  The records indicated the 
applicant received a Letter of Reprimand, and two Articles 15. The three incidents of misconduct all 
occurred within a 6-week period.  These incidents involved two failures to go shortly after the terrorist 
attacks of September 1 1,2001, and misuse of his government travel card in conjunction with a permanent 
change of station in October 2001.  While the Board did not condone applicant's misconduct, they did 
believe there were extenuating circumstances that contributed to the incidents in question, and that the chain 
of command reacted too strongly.  After a thorough and complete consideration of the information submitted 
by the applicant and contained in the records, the Board concluded there was sufficient mitigation to 
substantiate upgrade of, and change of reason and authority for the discharge.  Specifically, the Board found 
the characterization was too harsh. 

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,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service is more accurately reflected by  an Honorable discharge and the reason and authority for 
the  discharge is more  accurately described  as  Secretarial Authority.  The  applicant's  characterization and 
reason and authority for the discharge should be  changed to Secretarial Authority under the provisions of 
Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

- 1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF 25 Jan 02 UP AFI 36- 
ANDREWS AFB,  MD - (Former AlC)  (HGH SRA) 

3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

FD2003-00072 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

2.  BACKGROUND: 

a. DOB: 5 Dec 77.  Enlmt Age: 19 0/12.  Disch Age: 24 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-43,  G-42,  M-39. PAFSC: 2S051 -  Supply Management 
Journeyman. DAS: 21 Aug 97. 

b.  Prior Sv: (1) AFRes 10 Dec 96 -  29 Apr 97 ( 4   Months 20 Days) (Inactive). 

(2) Enla as AB  30 Apr 97 for 4 yrs.  Ext: 20 Nov 00 for 10 
months.  Svd: 4 Yrs 0 Mos  0 Das, all AMS.  AMN -  30 OCT 97. 
A1C -  30 AUG 98.  SRA -  30 APR 00.  EPRs: 5,5,5. 

3.  SERVICE UNDER REVIEW: 

a.  Reenld as SRA 29 Apr 01 for 4 yrs. Svd: 0 Yrs 8 Mos 28 Das, all AMS. 

b.  Grade Status:  A1C -  7 Nov 01 (Vacation, Art 15, 3 Dec 01) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 3 Dec 01, Vacation, Andrews AFB, MD -  Article 92.  You, 

who knew of your duties within the Continental United 
States, on divers occasions between 5 Oct 01 and 25 Oct 
01, were derelict in the performance of those duties in 
that you willfully used your government travel card for 
personal purposes, as it was your duty not to do. 
Reduction to A1C.  (No appeal) (No mitigation) 

(2) 7 Nov 01, Andrews AFB, MD -  Article 86.  You, did, on 

or about 19 Oct 01, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Suspended reduction to AlC, and 30 days correctional 
custody.  On 7 Nov 01, commander mitigated punishment 
from 30 days correctional custody to 21 days extra duty. 
(No appeal) 

e.  Additional: NONE. 

f.  CM:  None. 

g.  Record of SV: 25 Sep 00 -  24 Sep 01  Andrews AFB  4  (Annual) 

(Discharged from Andrews AFB) 

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

i.  Stmt of Sv:  TMS: (5) Yrs  (1) Mos  (16) Das 
TAMS: (4) Yrs  (8) Mos  (27) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 5 Feb 03. 

(Change Discharge to Honorable) 

Issue 1:  Improper supervision during initial Personal (sic) Change of 

Station; Lack of thorough training and briefing on use of Travel card. 

Issue 2:  Lack of supporting supervision during conflicting times; during 

'  these times unable to make wise decisions pertaining to military career. 

Issue 3:  Possible conspiracy to avert full process of correction. 

Punishment was swift, multi-layered and harsh based on military records, and 
accomplishments. 

Issue 4:  Characterization of discharge (General-Under Honorable Conditions) 

prevents applicant from attaining fruitful or gainful employment. 

ATCH 
1. DD Form 149. 
2. Congressional Inquiry. 

27 Mar 03/cr 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 89TH AIRLIFT WING (AMC) 

FROM:  89 SUPSICC 

1 

3066 E. Perimeter Rd. 
Andrews AFB, MD 20762 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct, 
specifically Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32 and Am 
36-3208, Chapter 5, Section H, paragraph 5.49.  If my recommendation is approved, your service 
will be characterized general (under honorable conditions) discharge. 

2.  My reasons for this action are: 

a.  You, did at Andrews AFB, MD, on or about 19 Oct 01, without authority, fail to go at the 

time prescribed to your appointed place of duty, to wit: 8gth Supply Squadron, building 3066, 
Andrews Am, MD.  As a result, you received an Article 15, dated 29 Oct 01.  (Atch 1) 

b.  You, who knew of your duties within the Continental United States, on divers occasions 

between 05 Oct 01 and 25 Oct 01, were derelict in the performance of those duties in that you 
willfully used your government travel card for personal purposes, as it was your duty not to do. 
As a result, you received a vacation of suspended nonjudicial punishment, dated 20 Nov 01. 
(Atch 2) 

3.  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. 

4.  You have the right to military counsel.  I have made an appointment for you with the Area 
Defense Counsel.  Report to 1430 Arnold Avenue at 1000 hrs on  18 Dec 01 with Capt- 
Instead of the appointed counsel, you may have another, if the attorney you request is in the 
active military service and is reasonably available as determined according to AFI 51-201.  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 statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me no later than three duty days from today, unless 
you request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

AMC--GLOBAL REACH FOR AMERICA 

6.  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. 

- 

- 

7.  You have been scheduled for a medical examination.  You must report to 89th Medical 
Group, for the examination.  Report to Physical Exams prior to your appointment to pick up 
required paper work. 

8.  Any personal information you furnish in 
dopy of Am 36-3208 is available for your use at the 

4. A 

Commander, 89 Supply Squadron 

2 Atchs: 
1.  Article 15, dtd 29 Oct 01 
2.  Vaction of Suspended Nonjudicial Punishment, dtd 20 Nov 01