MEMBER SITTING 

APPLICATION FOR REVIEW OF DISCHARGE 

FD-2003-00091 

Case heard at Washington, D.C. 

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 

550 C STREET 
SMMRBR 
RANDOLPH AFB, TX 781 50-4742 

~ " I T E 4 0  

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCEARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB, MD 207627002 

1 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00091 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to  change the reason and 
authority for the discharge, and to change his reenlistment code. 

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

f 

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

F'INDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

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

Issues.  Applicant was discharged for discreditable involvement with military or civil authority.  The records 
indicated the applicant received three Articles 15, a vacation of suspended punishment, two Letters of 
Reprimand, two Letters of Counseling, and one Record of Individual Counseling for misconduct.  His 
misconduct included two failures to properly maintain his dorm room, four instances of failure to report to 
duty on time, willfully and wrongfully destroying the personal property of another airman, wearing an 
earring on base, and having an underage (14 year-old) female in his dormitory room.  He was also involved 
in a mutual assault with another airman, his former girlfriend, and was stopped for being a minor in 
possession of alcohol and having an open container in his vehicle.  Member had one enlisted performance 
report rated an overall referral "2" due to his Articles 15.  He was also referred to Mental Health and 
diagnosed with an intermittent explosive disorder.  At the time of the discharge, member waived his right to 
consult counsel and waived his right to submit a statement in his own behalf.  The DRB opined that through 
the unit's administrative actions, the applicant had ample opportunities to change his negative behavior.  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 applicant cited his desire to reenlist in the military as justification for upgrade.  While the Board was 
sympathetic to the impact his reenlistment code was having on the applicant, and commended applicant for 
this desire, this is not a matter of inequity orihpropriety that would warrant an upgrade. 

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 fhrther 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 

7 

DISCHARGE REVIEW BOARD VOTING CARD 

COUNSEL NAME AND ADDRESS 

TYPE AND AUTH FOR DISCHARGE (Reason) 
AFI 36-3208, Para 5.50.1  (Discreditable Involvement with 
Military or Civil Authority) 

DD FORM 149 

TOTAL ACTIVE SERVICE 

(Yrs - Months - Day) 

l ~ r l o m o s l 8 d a s  

Refer to SAFlMRBR 

DATE APPLICANT SUBMIITED 
27 Feb 2003 
DATE OF SEPARATION 
2 4 ~ ~ 2 0 0 1  
DATE RETURNED 

,-  10: - INDEX: 

HEARING DATE 
14 Nov 2003 
REMARKS 

DATE APPLICATION RECEIVED 
03 Mar 2003 

DATE EXAMINED 
07 Apr 2003 

DATE SAFnL NOTIFIEE 

BOARD RECOMMENDATIONS 

HONORABLE 

GENERAL 

OTHER 

APPEAL DENIED 

AFHQ FORM 0-505, SEP 77 (EF) PREVIOUS ADDITION WILL BE USED. 

ISSUES 

CASE NUMBER: 
FD-2003-0009 1 

4 

5 

DEPARTMENT  OF  THE  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AB)  (HGH AlC) 

.. - 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF 24 May 01 UP AFI 36- 
3208, para 5.50.1 (Pattern of Misconduct -  Discreditable Involvement With 
Military or Civil Authority).  Appeals for Honorable Discharge, to Change the RE 
Code, Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 24 May 81.  Enlmt Age: 17 8/12.  Disch Age: 20 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-60,  E-48,  G-33,  M-52. PAFSC: 2A531E -  Aerospace Maintenance 
Apprentice. DAS: 5 Jan 00. 

b.  Prior Sv:  (1) AFRes 8 Feb 99 -  6 J  99 (4 months .29 days) (Inactive). 

1 

3 .  

SERVICE  UNDER  REVIEW: 

p 

'a 

a.  Enlisted as AB 7 Jul 99 for 6 yrs. Svd: 1 Yrs 10 Mo 18 Das, all AMS. 

b.  Grade Status:  AB -  18 Dec 00 (Vacation of Article 15, 9 Mar 01) 

Amn  -  15 Sep 00 (Article 15, 15 Sep 00) 
A1C -  20 A u ~  99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 9 May 01, Dyess AFB, TX -  Article 92.  You, did, on or 

about 12 Apr 01, violate a lawful general regulation, to 
wit: para 1.4.5.19, AFI 32-6005/Dyess AFBS 1, 
Unaccompanied Housing Management, dated 4 Mar 99, by 
wrongfully allowing underage female guests in your 
dormitory room.  Reprimand. (No appeal) (No mitigation) 

(2) 9 Mar 01, Vacation, Dyess AFB, TX -  Article 92.  You 

did, On or about 28 Jan 01, fail to obey a lawful 
general regulation, to wit: AFI 36-2903 dated 8 Jun 98, 
by wrongfully wearing an earring on a military 
installation.  Reduction to AB.  (No appeal) (No 
mitigation) 

( 3 )   18 Dec 00, Dyess AFB, TX -  Article 109.  You, did, on 
or about 3 Dec 00, willfully and wrongfully destroy by 
breaking a 25 gallon fish tank, of a value of about 
$150.00, the property of - - - - - - -  .  Suspended reduction 
to AB,  and a reprimand. (No appeal)  (No mitigation) 

(4) 15 Sep 00, Dyess AFB, TX -  Article 86.  You, did, on or 

about 26 Aug 00, without authority, fail to go at the 

time prescribed to your appointed place of duty. 
Reduction to Amn,  and 30 days correctional custody. 
(No appeal)  (No mitigation) 

e.  Additional: LOR, 28 AUG 00 -  Failed room inspection. 

. . 

LOR, 28 AUG 00 -  Failure to go, late for work-and failure 
to scheduled appointments on several occasions. 
RIC, 23 JUN 00 -  Late for work. 
LOCI 01 JUN 00 -  Late for work. 
LOCI 13 MAR 00 - Failure to maintain on-base quarters in 

accordance with Air Force standards. 

I 

I 

f.  CM:  None. 

g.  Record of SV: 7 Jul 99 -  6 Mar 01  Dyess AFB  2  (1nitial)REF 

h.  Awards &  Decs:  AFTR, AFOUA. 

(Discharged from Dyess AFB) 

i.  Stmt of Sv:  TMS: (2) Yrs  (3) Mos  (17) Das 

TAMS:  (1) Yrs  (10) Mos  (18) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln (DD Frn  293) dtd 27 Feb 03. 

(Change Discharge to Honorable, Change the RE Code, Reason and Authority for 

Discharge) 

Issue 1:  I joined the U.S. Air Force on July 7, 1999.  I completed the 

required 6 weeks of basic training and then went on to complete 12 weeks of tech 
school to become a areospace  (sic) maintaice  (sic) apprehtice.  My duty station 
was Dyess AFB TX and the aircraft I worked on was the B1-B Lancer.  While at 
Dyess I made a lot of poor decisions about my conduct.  On May 24, 2001 I was 
given a general discharge as a result of my misconduct.  I am sending this 
application to ask for a change on my discharge.  Mostly to my reentry code.  I 
want the change because I want to reenlist in the Mi4itary.  I enjoyed military 
life and all the things that it offered me and it is hard living as a civilian. 
I really want to reenlist to serve my country again.  I would really like to be 
member in the military that help out with the war with Iraq.  I would really 
appreciate if I could be given opportunity to serve in the U.S. Air Force or any 
other branch. 
If you have any question I can be reached at - - - - - - -   and my home address is:---- 
- - - 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 7M BOMB WING (ACC) 

DYESS AIR  FORCE BASE TEXAS 

FROM:  13 BSICC 

SUBJECT:  Letter of Notification 
L 
1.  I am recommending your discharge from the United States Air Force for A Pattern of Misconduct - 
Discreditable Involvement With Military or Civil Authorities. The authority for this action is AFI 36-3208, 
dated 14 Oct 94, paragraph 5.50.1.  If my recommendation is approved, your service will be characterized as 
Honorable or General.  I am recommending that your service be characterized as General (Under Honorable 
Conditions). 

2.  My reasons for this action are: 

a.  You did, on 12 Apr 01, wrongfully allow underage female guests in your on-base dorm room, for 
which you received Article 15 punishment, as evidenced by AF Form 3070, dated 7 May 0 1. 

b.  You did, on 28 Jan 01, wrongfully wear an earring on a military installation, for which your suspended 
reduction in rank was vacated, as evidenced by AF Form 366, dated 9 Mar 01. 

c.  You did, on 26 Aug 00, without authority, report late for duty, for which you received Article 15 
punishment, as evidenced by AF Form 3070, dated 14 Sep 00. 

d.  You did, on 3 Dec 00, willfully and wrongfully destroy a 25 gallon fish tank, the property of 
A1 C I for which you received Article 15 punishment, as evidenced by AF Fonn 3070, 
dated 18 Dec 00. 

e.  You did, on 24 Aug 00, fail to maintain your on-base dorm room in accordance with Air Force 
standards, for which you were reprimanded, as evidenced by LOR, dated 28 Aug 00. 

f.  You did, on 7 Aug 00 and 3 1 Jul00, without authority, failed to report to a mandatory appointment at 
the Dental Clinic, for which you were reprimanded, as evidenced by LOR, dated 28 Aug 00. 

g.  You did, on 9 Jun 00, without authority, fail to return to your duty section or notify your supervisor of 
your condition or whereabouts, for which you were counseled, as evidenced by AF Fonn 174, dated'23 , 
Jun 00. 

h.  You did, on Tuesday night, without authority, report 40 minutes late for duty, for which you were 
counseled, as evidenced by AF Form  174, dated 1 Jun 00. 

i.  You did, on or about 13 Mar 00, fail to maintain your on-base dorm room in accordance with Air Force 
standards, for which you were counseled, as evidenced by LOC, dated 13 Mar 00. 

Global Power  for  America 

->. 

,

'

 

Copies of the documents to be forwarded to the separation authority in support of this recommendation are 
attached.  The Commander exercising SPCM jurisdiction or 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 made 
an appointment for you to consult the Area Defense Counsel on 18 May 01 at 0930 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 23 May 01 at 0800 hours, unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

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. 

6.  You have been scheduled for a medical examination on 21 May 01 at 1300 hours, at the 7th Medical 
Group Hospital, Physical Exams Section. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement as explained in 
AFI 36-3208.  A copy of AFI 36-3208 is available for your use in the orderly room. 

8.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Airman's Receipt of 
Letter of Notification 

2.  AF Form 3070, dated 9 May 01, wlpresentation 
3.  Incident Report #D4200 1040013, dated 30 Apr 0 1 

w113 Exhibits 

4.  AF Form 366, dated 9 Mar 01, wlresponse 
5.  Sworn Statements by SSgt-, 
SS 

A~C- 

6.  AF Form 3070, dated 14 Sep 00, wlpresentation 
7.  MFR, dated 28 Aug 00, Signed by TSgt%ll(lk()r 
8.  MFR, Signed by AIC 
9.  AF Form 3070, dated 13 Dec 00 
10. AF Form 3545, Signed by  SSgt-d 

r A m  

Tsgt- 

1 1. Sworn Statement from S
12. LOR, dated 28 Aug 00 
13. LOR, dated 28 Aug 00 
14. AF Form 174, dated 23 Jun 00 
15. AF Form 174, dated 1 Jun 00 
16. LOC, dated  13 Mar 00