NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  X 

I 

None 

I 

MEMBER SITTING 

............................. 

ISSUES 

HEARING DATE 
04 Sep 2003 

1  FD-2003-00086 
1 

Case heard at Washington, D.C. 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR  REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

I  COUNSEL'S RELEASE TO THE BOARD 
I  ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 

PERSONAL APPEARANCE 

I 

1  TAPE RECORDING OF PERSONAL APPERANCE 

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

TO: 

SAFIMRBR 

RANDOLPH AFB, TX 78150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCBARGE REVIEW BOARD 
1535 COMMAND DR.  EE WmG, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1 

I 
1 

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Issue 2.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article 15, a Letter of Reprimand, verbal counseling and an Unfavorable Information 
File for his misconduct.  The DRB opined that through these administrative actions, the applicant had an 
opportunity to change his negative behavior, but persisted in violating the standards expected of him. 
Therefore, the characterization of the discharge received by the applicant was found to be appropriate. 

Issue 3.  Applicant contends the discharge is improper because the Article 15 that formed a basis for 
discharge was in some way improper.  This contention was hlly addressed at the time of the Article 15 and 
some of the wording changed as a result.  The Board finds this issue without further merit. 

Issue 4 regards applicant's  assertion he was not in violation of a disassociation order and that he believed it 
was no longer in effect, and by inference he should not have been punished nor discharged for that incident. 
However, there is no convincing evidence he did not know right from wrong.  In fact, the documents are 
clear on the nature and duration of the order.  Therefore, the Board finds this issue without merit. 

Issue 5 applies to the applicant's post-service activities and infers that he should not be penalized indefinitely 
for a mistake he made while in service.  The DRB was pleased to see that the applicant was doing well and 
has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course 
of the hearing or records review. 

As a related matter,  applicant  cited  "previous  board  decisions,"  aspects of which he feels are similar to his 
own case, and wherein  applicants in those cases received  some relief  from  the DRB.  Applicant states that 
the DRB found that merits of a former service member's  record  could be used  as justification  to upgrade a 
discharge to fully honorable status.  Without additional specific information from  the cases he believes are 
similar, the Board  cannot determine the validity of or respond  to  applicant's  interpretation of these  cases. 
Additionally, it should be noted that the DRB is not bound by its discretionary decisions in prior cases. 

The applicant  cited his  desire to return  to  military  service.  While the  Board  commends  applicant on this 
desire, and is sympathetic to the impact a General discharge has on his reentry code, this is not  a matter of 
equity or propriety that warrants an upgrade. 

The Board found the characterization of service, and reason and authority for the discharge received by the 
applicant were appropriate.  The Board found no evidence of impropriety or inequity in this case on which to 
base an upgrade of discharge or to change his reentry 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 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 CAPT)  (HGH CAPT) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 26 Feb 99 UP AFI 3207, 
Chapter 2, Section B  (Resigning Instead of Undergoing Further Administrative 
Discharge Proceedings).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 29 Oct 67.  Enlmt Age: 20 4/12.  Disch Age: 31 3/12. Educ: 

BACHELOR DEGREE. AFQT: N/A.  A-N/A,  E-N/A,  G-N/A,  M-N/A. PAFSC: 03313 - 
Systems Flight/Communications Officer. DAS: 1 Jul 97. 

b.  Prior Sv:  (1) AFRes 1 Mar 88 -  13 Dec 88 (9 months 12 days) (Inactive) . 

months 4 days, all AMS. 

(2)  Enlisted as A1C 14 Dec 88 for 4 yrs.  Svd: 2 yrs 0 

(Inactive) . 

(3)  Enlisted USAFR 19 Dec 90.  Svd: 2 yrs 5 months 18 days 

3.  SERVICE UNDER REVIEW: 

a.  Appointed as 2Lt and ordered to EAD  7 Jun 93. Svd: 5 Yrs 8 Mo 20 Das, 

all AMS. 

b.  Grade Status:  Capt -  12 Mar 97 
1Lt -  12 Mar 95. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Aug 98, Dyess AFB, TX -  Article 92.  You, having 
of a lawful written order issued by LtCol 

to wit: you are he 
an 25 feet from A1C 
Apr 98, an order which it was 
or near Abilene, Texas, from on or about 24 Jul 98, to 
on or about 30 J 
bey the same by making 
.  Forfeiture of 
contact with A1C 
$1,250.00 pay pe 
months  (forfeiture of 
$1,000.00 pay per month for two months suspended). 
Reprimand.  (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 24 JUL 98 -  Engaged in an unprofessional relationship 

with a female enlisted member. 

f.  CM:  None. 

g.  Record of SV: 07 Jun 93 -  02 Mar 94  March AFB  YE  (Annual) 
03 Mar 94 -  03 Dec 94  March AFB  YE  (Annual) 
19 Feb 97 -  18 Feb 98  Dyess AFB  YE  (Annual) 

(Discharged from Dyess AFB) 

h.  Awards &  Decs:  AFAM, AFCM, AFLSAR, AFTR W/1 DEV, SWASM W/1 DEV, NDSM, 

HSM, SAEMR W/1 DEV, KLM, AFOUA. 

i.  Stmt of Sv:  TMS:  (10) Yrs  (11) Mos  ( 2 5 )   Das 
TAMS: (07) Yrs  (08) Mos  (24) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm  293) dtd 20 Mar 03. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues with attachments. 

7.  SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Security N u m k  on each document.) 

WIU NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

X  ARE LISTED BELOW AND ARE AlTACHED TO THIS APPLICATION:  (Continue on a plain sheet ofpaper if mom space is needed.) 

I 

H I 

a.  DOCUMENT 1: 
Conditional Resignation Request dated: 20 Oct 98 
b.  DOCUMENT 2: 
Character Statement 
c.  DOCUMENT 3: 
Character Statement 
8.  ISSUES 

The Board w l  consider any issue submitted by you prior to closing the case for deliberation.  The Board will also review the case to 

determine whether there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
writing to issues of concern to you unless those issues are listed or incorporated by specifc  reference bebw.  Carefully read the instructions 
that pertain to Block 8 prior  to completing this part of the application.  If you need more space,  submit additional issues on an attachment. 

AND AM COMPLmNG THS FORM IN ORDER TO S W T  ADDITIONAL ISSUES. 

I X I I HAVE U!XED ADDITIONAL ISSUES AS AN AlTACMKwr TO THIS APF'UCATIm. 

H I PREVIOUSLY SUBMITED AN APPLICATION ON F t e r  date) 
I 9.  CERTIFICATION 

THE ABOVE ISSUES SUPERSEDE A U  PREVIOUSLY SVBMITI+D. 

I 

I make the foregoing statements as part of my application with full knowledge of the penalties invobed for willfully making a false 

statement. (U.S. Code,  Title 78, Section 1007, provides that an individual shaH be fined under this title or imprisoned not more than Syears, 
1 W both.) 

a.  DATE (YYYYMMDD) 

Army Review Boards Agency 
Support Division, St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St. Louts,  MO  631 32-5200 

DD FORM 293,  DEC 2000 

Naval Council of Personnel Boards 
720 Kennon Sweet,  S.E. 
Rm. 309 (NDRB) 
Washington Navy Yard,  DC 

SAFlMlBR 
550-C Street West,  Suite 40 
Randolph AFB,  TX  78150-4742  Washington,  DC  20593-0001 

Commandant (G-WPM) 
2100 Second Street, S.W. 

I 

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Page 2 of 4 Page+ 

8.  Additional Issues: 

Issue 3 cont: 

the enlisted member who accompanied me to San Angelo to visit her.  The commander's 
investigation never went so far as to take this fact into account. 

Issue 4: 

Issue 5: 

I did not believe at the time I was said to be violating the order to disassociate that I was 
actually violating the order.  It was my understanding at that time that all action against 
me had been terminated, thus the order was no longer in effect.  The characterization of 
the actions taken by me such as, violating the order on numerous occasions and 
delivering personal items, including undergarments, in the record of nonjudicial 
punishment, overstates the violation as an outright disregard on my behalf toward good 
order and discipline.  That overstatement is in direct conflict with any action I had taken 
prior to or since the event has occurred, and is an inaccurate reflection of my personal 
characteristics and moral fiber. 

I believe that an upgrade is warranted based on previous board decisions where the record 
of performance prior to the offense and excellent post-service conduct, service to 
community, and achievement has been displayed.  This excellent post-service conduct, 
service to community, and achievement should not be limited in any way by a single 
event in an otherwise exemplary career.