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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE WITIAL) 

GRADE 

AFSNISSAN 

PERSONAL APPEARANCE 

1  X  RECORDREVIEW 

MEMBERS SITTING 

WARDlG DATE 
0305-28 

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CASE NUMBER 
FD2003-00078 

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1 

I Case heard at Washington, D.C. 

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2  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
4 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPERANCE HEARING 

Advise applicant of the decision of the Board and the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

TO: 

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

FROM: 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3"  FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-000,8 

GENERAL:  The applicant appeals for upgrade of discharge to general, under honorable conditions. 

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  but  declined  to 
exercise this right. 

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

FINDINGS:  Upgrade of discharge is denied. 

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an 
impropriety or inequity that would justify an upgrade of the discharge. 

Issues.  Applicant  was  discharged  for  a  pattern  of  misconduct.  Member,  who  was  a  Security  Forces 
specialist,  received  three  Articles  15 and  four  Letters  of  Reprimand, and  a  Letter  of  Counseling.  His 
misconduct included dress and appearance violations, using his Security Forces badge in an inappropriate 
manner while harassing an underage civilian female and her friends, dereliction of duty and unauthorized 
use  of  security equipment, reckless driving, failure to  obey lawfil  orders, failure to  go  to  his  appointed 
place of duty, sleeping on his post, disrespect toward a senior noncommissioned officer, and threatening to 
kill his commander and first sergeant.  The board noted that member was recommended for an Under Other 
Than  Honorable  Conditions  (UOTHC)  discharge  and  after  consulting  his  military  defense  counsel, 
submitted an unconditional waiver to his right to an administrative board hearing or to submit statements in 
his own behalf.  Applicant now contends he had  inadequate legal representation.  The Board  could find 
nothing in the record to substantiate applicant's  contention.  The Board concluded member's  misconduct 
was an extremely significant departure from conduct expected of all military members, and not compatible 
with Air Force standards, nor those of the Security Forces career field.  The Board could find no inequity or 
impropriety on which to suggest a basis 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 DISCHARGE REVIEW BOARD 

ANDREWS  AFB, MD 

(Former AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a UOTH Disch fr USAF 20 Jul 01 UP AFI 36- 
3208, para 5.50  (Pattern of Misconduct).  Appeals for General Discharge. 

2.  BACKGROUND: 

a. DOB: 6 Jan 81.  Enlmt Age: 18 3/12.  Disch Age: 20 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-39,  E-59,  G - 4 2 ,   M-60. PAFSC: 3P031 -  security Forces. DAS: 28 
Max 00. 

b.  Prior Sv:  (1) AFRes 28 Apr 99 -  12 Oct 99 (5 months 15 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 13 Oct 99 for 6 yrs. Svd:  1 Yrs 9 Mo 8 Das, all AMS. 
b.  Grade Status:  aB -  19 Jul 01 -  (Article 15, 19 Jul 01) 
AMN -  10 May 01 -  (Article 15, 10 May 01) 

c.  Time Lost:  None. 

d.  Art 15's: 

(1) 19 Jul 01, Kirtland AFB, NM -  Article 134.  You did, on 

or about 5 Jul 01, wrongfully communicate to SrA - - - - -  
and A1C - - - - - -   a threat to kill Lt Col --------, your 
commander.  You did, on or about 5 Jul 01, wrongfully 
communicate to SrA - - - - -   and A1C  - - - - - -   a threat to kill 
- - - - - - -  , your First Sergeant.  Article 91.  You, on 
M S ~ ~  
or about 6 Jul 01, did treat with disrespectful language 
toward MSgt  - - - - - -  I  a superior non-commissioned officer, 
the known by you to be a superior non-commissioned 
officer, who was then in the execution of his office, by 
saying to him, "You fuckin dick, you're meksing with me. 
You mother fucker what gives you the right, I just want 
to be treated fairly," or words to that effect. 
Reduction to AB.  (No appeal)  (No mitigation) 

(2) 10 May 01, Kirtland AFB, NM  -  Article 113.  You, on or 

about 30 Apr 01, being posted as a sentinel at post 
number K-2 were found sleeping upon your post. 
Reduction to A m ,  and 10 days extra duty. 
(No appeal)  (No mitigation) 

( 3 )   01 Mar 01, Kirtland AFB, NM  -  Article 86.  You did, on 

or about 13 Feb 01, without authority, fail to go at the 
time prescribed to your appointed place of duty. 

Article 92.  You, having knowledge of a lawful order 
issued by SSgt ------ , to wit: To take an End of Course 
pretest on 12 and 13 Feb 01, an order which it was your 
duty to obey, did, between on or about 12 Feb 01 and on 
or about 13 Feb 01, fail to obey the same by wrongfully 
not doing so.  Thirty days correctional custody, and 
forfeiture of $100.00 pay per month for two months. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 14 JUN 01 -  Reckless driving. 

LOR, 22 NOV 00 -  Dereliction of duty, disregard for 

LOR, 06 OCT 00 -  Harrassing an underage civilian female, 

standards, quarters violation, and illegal 
use of security equipment. 

and her friends, and using Security Forces 
Badge in an unauthorized manner. 

LOR, 09 SEP 00 -  Failure to meet minimum Air Force dress 

LOCI 09 SEP 00 -  Uniform violation, lying, and total 

and appearance standards. 

disregard for Air Force and Squadron 
policy. 

f .  CM:  None. 
g.  Record of SV: None. 

(Discharged from Kirtland AFB) 

h.  Awards &  Decs:  APTR. 

i.  Stmt of S v :   TMS: (2) Yrs  ( 2 )  Mos  (23) Das 

TAMS:  (1) Yrs  (9) Mos  (8) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 17 Feb 03. 

(Change Discharge to General) 

Issue 1:  My discharge was inequitable because I was not given complete 

information by my attorney.  At the time of my discharge I was assigned an 
attorney off base.  She spoke with me over the phone and did not go into full 
detail the consequences of accepting an under other than honorable conditions 
discharge.  She informed me that the quickest way to resolve the issues was to 
take this discharge and I would be out in two to three days.  She also told me 
that by accepting an under other than honorable conditions discharge I would not 
be able to rejoin the military and it would not work against me in any other 
way. 

i 

ATCH 
1.  Three Character References. 

:# 

d  ~ ~ 2 ~ 3 - d d 6 7 8  

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 377M AIR BASE WING (AFMC) 
KIRTLAND AIR FORCE BASE, NEW MEXICO 871 17 

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MEMORANDUM FOR 377 AI3W/CC 
FROM:  377 ABWIJA (capt i----------- 

- - - - - - - - - - - -  $ 

1.  INITIATION OF ACTION:  On 19 Jul01, capt- 
recommended that AB 
specifically a pattern of=duct, 
He further recommended that Respondent receive an under other than honorable conditions 
(UOTHC) discharge without an opportunity for probation and rehabilitation (P&R). 

("Respondent")  be administratively discharged for misconduct, 
pursuant to AFPD 36-32 and AFI 36-3208, paragraph 5.50. 

377 SFSICC, 

t 

2.  RESPONDENT: Respondent, who turned 20 on 6 Jan 01, has been in the Air Force for 
approximately one year and nine months.  He was assigned to his current unit on 28 Mar 00. 

3.  RF,SPONDENT9S SUBMISSION:  Respondent waived his right to an administrative 
discharge board and to submit a written response on his behalf.  Respondent retained his right to 
military legal counsel, and has consulted his appointed counsel, Capt 0 Mountain 
Home Air Force Base Area Defense Counsel. 

4.  DISCUSSION: 

a.  Basis for Dischawe:  The respondent's repeated acts of misconduct provide a sufficient 

basis for his discharge in accordance with AFI 36-3208, paragraph 5.50.  Specifically, 
Respondent has three Article 15s, four Letters of Reprimand and one Letter of Counseling. 
Respondent has been reprimanded for unsafe and reckless operation of a privately-owned vehicle 
(LOR dated 14 Jun 01); failure to accomplish a daily checklist at the T m a n  Gate, failure to 
comply with on-quarters status, and inappropriate use of Security Forces equipment (LOR dated 
22 Nov 00); harassing and unprofessional comunications with a civilian female (LOR dated 6 
Oct 00); and failure to meet dress and appearance standards (LOR dated 9 Sep 00).  Respondent 
also received a Letter of Counseling for disregarding Air Force and squadron policy (dated 9 Sep 
00).  Respondent's disciplinary problems escalated to the level of an Article 15 on 12 Mar 01 
when Respondent failed to go to his appointed place of duty (a physical health assessment @'HA) 
appointment) and failed to obey a lawM order (to take an end-of-course pretest).  Pursuant to the 
first Article 15, Respondent presented that he was unaware of the PHA appointment, but 
admitted to not taking the end-of-course pretest.  Respondent's second Article 15 was issued on 
1 1 May 0 1 for sleeping on post.  Finally, on 19 Jul01, Respondent was issued a third Article 15 
for wrongllly communicating two threats and disrespect towards a superior noncommissioned 
officer.  The threats entailed a threat to kill the respondent's  comhander and first sergeant. 

b.  Appropriateness of Discharge:  Respondent's misconduct does not support continued 

military service, especially given the serious nature of the recently cox~l~unicated 

threats. 

Respondent has been given ample opportunity to correct the disciplinary problems.  However, 
the problems are only worsening in degree rather than improving.  The consistent record of 
disregard for Air Force policy strongly supports discharge.  All of the disciplinary actions stem 
from Respondent's inability to conform to acceptable Air Force standards.  Respondent's 
misconduct strikes at the heart of the Air Force core values.  Despite the repeated attempts by his 
superiors to improve his behavior, Respondent has been unable or unwilling to change his 
behavior and continues to be disruptive to the accomplishment of the Air ~ o r c e  mission.  The 
last attempt made by his superiors to improve his behavior resulted in threats to kill two of his 
superiors.  Respondent's misconduct cannot be tolerated in the Air Force.  His repeated and 
serious misconduct does not call for continued service. 

c.  Characterization of Service:  Table 1.3 of AFI 36-3208 provides that a discharge for a 

pattern of misconduct may be characterized as either honorable, general (under honorable 
conditions), or under other than honorable conditions (UOTHC). Only the General Court- 
Martial Convening Authority can approve an honorable or UOTHC discharge.  A general 
discharge is appropriate when significant negative aspects of an airman's  conduct outweigh the 
positive aspects of his military record.  A UOTHC discharge is warranted when there is a 
"pattern of behavior or one or more acts or omissions that constitute a significant departure fiom 
the conduct expected of airmen."  Examples include use of force or violence to produce serious 
bodily injury or death; acts or omissions that endanger the health and welfare of other members 
of the Air Force; and deliberate acts or omissions that seriously endanger the health and safety of 
other persons.  In this case, a UOTHC is appropriate.  Respondent's actions on 5 Jul01 and 
6 Jul0 1 are serious enough infractions to warrant a UOTHC discharge.  His actions throughout 
his enlistment continuously disrupted good order and discipline on the base and within his unit, 
Furthermore, Respondent's threats to kill his commander, kill his first sergeant's fbmily, and 
then kill his first sergeant caused great concern and anxiety.  Respondent's entire disciplinary 
record, especially the most recent misconduct, is more than a significant negative aspect of his 
military career; more aptly, it represents a pattern of behavior that constitutes a significant 
departure from the conduct expected of airmen.  Thus, a UOTHC discharge is the appropriate 
characterization of service. 

d.  Probation and Rehabilitation:  Respondent is eligible for P&R under AFI 36-3208, 
does not recommend P&R.  P&R is generally reserved for members 
Chapter 7.  Cap- 
who have demonstrated a potential to serve satisfactorily, have the capacity to be rehabilitated, 
and whose probationary retention on active duty is consistent with the maintenance of good order 
and discipline in the Air Force.  Multiple attempts to rehabilitate Respondent's behavior have 
been unsuccessful and even resulted in further disciplinary actions.  Any future attempt by the 
Air Force to rehabilitate respondent is also likely to fail.  P&R is not appropriate for Respondent. 

e.  Legal Sufficiency:  This action is legally suffkient. 

5.  ERRORS OR IRREGULARITIES:  None 

6.  OPTIONS:  As the General Court-Martial Convening Authority, you may: 

\ 

a.  Retain Respondent; 

b.  Approve the separation with an honorable discharge, with or without P&R; 

c.  Approve the separation with a general discharge, with or without P&R, or 

d.  Approve the separation with a UOTHC discharge, with or without P&R. 

7.  RECOMMENDATION:  That you approve Respondent's separation . - - - - - - - - - - - - - - - - - ,  
discharge without P&R.  If you have any questions, please contact Capt : L - - - - - - - - - - - - - - - - - n  
4395. 

with a UOTHC 

:at 6- 

I concur. 

Legal m'feiiifi  --- 

L C .  

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :  

Staff Judge Advocate