NAME OF SERVlCE MEMBER (LAST, FIRST MIDDLE INITIAL) 
.dl; 
TYPE 
I  GEN 

PERSONAL APPEARANCE 

I 

GRADE 

AFSNISSAN 

AB 
I  X  RECORDREVJEW 

1 

MEMBERS SITTING 

HEARING DATE 
03-05-2 1 

CASE NUMBER 
FD2003-00092 

I 

Case heard at Washington, D.C. 

I 

2  APPLICATION FOR REVIEW OF DISCHARGE 

3 
4 

LETTER OF NOTIFICATION 
BRlEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TTME OF 
PERSONAI, APPEARANCE 
I  TAPE RECORDING OF PERSONAL NlPEKANCE HEARJNG 

I 

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. 

S A F I M I B R ~  
550 C STREET WEST, SUI'TE 40 
KhNDOLPH AFB, TX 78150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL  COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3Ru 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 

('ASE  NUMBER 

FD2003-00092 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge to  honorable,  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  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,  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 minor disciplinary infractions. He had two Articles 15; one for failure 
to  go,  the  other  for  sleeping on  post  while  deployed.  At  the  time  of  the  discharge, member  consulted 
counsel and submitted a statement in his own behalf requesting retention or in the alternative an honorable 
discharge.  Ile noted he had a previous honorable discharge from the Army National Guard, and active off- 
duty volunteerism.  He felt a general discharge was too harsh.  Applicant now contends his second Article 
15 was unjustified  because he  wasn't  notified  of a recall  formation that he missed.  However, the record 
review disclosed that member admitted his wrongdoing in his reply to the Article  15; he  stated he decided 
to skip the recall after being told he needed to report to work, and that he knew it was wrong and accepted 
full responsibility for his actions.  The Board agreed that member was responsible for his actions and was 
therefore held accountable for them.  The board did not find sufficient mitigation to warrant an upgrade, and 
no inequity or impropriety was found in this discharge in the course of the records review. 

The applicant noted he served in the Army National Guard after leaving the Air Force and was honorably 
discharged.  He  also cited  his  desire to return  to  service  in  the  Air  Force.  While the Board  commends 
applicant on this desire, and is sympathetic to the impact a General discharge has on his reenlistment code, 
this is not a matter of equity or propriety that warrants 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 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 Alp) 

1,  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 16 Sep 91 UP AFR 39-10, 
para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge, to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 9 Jan 69.  Enlmt Age: 18 2/12.  Disch Age: 22 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-46,  E-50,  G-48,  M-88. PAFSC: 81152 -  Law Enforcement Specialist. 
DAS: (EPR Indicates): 25 Jan 89-18 May 90. 

b.  Prior Sv: (1) Enlisted as Pvt  (E-2) ARNG 11 Mar 87  for 4 yrs.  Svd: 1 

yr 10 months 13 days, of which AMS  is 2 months 2 days. -  No Performance Reports* 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AlC 25 Jan 89 for 4 yrs.  Extended 23 Mar 90 for 9 months. 

Svd: 2 Yrs 7 Mo 22 Das, all AMS. 

b.  Grade Status:  AB -  19 Jul 91 (Article 15, 19 Jul 91) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 19 Jul 91, Sembach AB, Germany -  Article 86.  You did, 
on or about 11 Jul 91, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Reduction to AB.  (No appeal) (No mitigation) 

( 2 )  21 Feb 91, Sembach AB, Germany -  Article 113.  You, on 
or about 13 Feb 91, at Incirlik Air Base, Turkey, being 
on post as a sentinal at the Defensive Fighting Position 
(DFP) India-19, were found sleeping upon your post. 
Suspended reduction to Airman, forfeiture of $175.00 
pay.  (No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 25 Jan 89 -  18 May 90  Kelly AFB  3  (Initial) 

19 May 90 -  1 5   Sep 90  Kelly AFB  3  (CRO) 

(Discharged from Charleston AFB) 

h.  Awards &  Decs:  AFOUA, NDSM, AFTR, SWASR W/1 DEV, SAEMR, ASR,  SMBt  M- 

16EMB. 

i.  Stmt of S v :   TMS:  ( 4 )   Yrs  (6) Mos  (6) Das 

TAMS: 

( 2 )   Yrs  (9) Mos  (25) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm 293) dtd 1 5   Feb 03. 

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

Discharge) 

Issue 1:  Was discharged for receiving two Article 15's  (sic) within a six- 
month time frame.  I feel the circumstances taken into consideration regarding 
upgrade. 

Issue 2:  Please see attached detailed summary describing said Article 15s 

(see item labeled summary). 

Issue 3 :  

lst Article 15 is due Lo illness/working conditions. 

Issue 4:  2""  Article 15 due to my not being notified of recall formation. 

ATCH 
1. Applicant's Summary, 15 Feb 03. 
2 .   Details Surrounding General Discharge, 15 Feb 03 
3. Six Letters of Support. 
4. NGB Form 22. 
5. DD Form 214. 

-

.

 

February 15,2003 

RE:' DETAILS SURROUNDING GENERAL DISCHARGE FROM USAF 

Dear Discharge Review Board: 
1  am writing to  request an upgrade  in my  a~rrent discharge (General - Under 
Honorable Conditions) to an Honorable Discharge.  I was discharged for having 
received Iwo Article 15's within a six-month time frame,  and wuld like to inform 
you of both the reasons for disciplinary action and of the circumstanms involved 
in those infractions. 

FIRST ARTICLE 1 5 

As a  Security  Policeman  stationed  at  lncirlik  Air  Base  in  Turkey  during -the 
Persian Gulf War,  the  date was  February  1991,  and  my  unit was  working  12 
hours shifts six days a week (6 pm to 6 am)  in defensive fighting positions.  The 
defensive fighting  positions were  sand  bags piled up around railroad ties with a 
crude roof.  The weather in Turkey at that time was very cold and rainy.  During 
this time, 1 came down with a very bad cold and I was taking what was supposed 
to be *nondrow9y" cold medicine to  help keep it under control and continue on 
with my regular duties.  After about eight hours into my shif€  on the 4~ or !in  day, 
I  fell asleep on  post and our  Lieutenant came around checking the posts and I 
was disciplined far  it.  I got an Article I 5  with a suspended  reduction in rank for 
six moms. 

I whole-heartedly agree that the discipline was fair, due to the importance of our 
mission, and  I realize now that I sho~~ldn't have taken the chance of working with 
such a bad cold,  but I thought I was doing the right thing by driving on and trying 
to keep up with my schedule.  I could have possibly avoided this Article  15 by 
informing my supervisor  of  my  condition or  perhaps going  on  sick call.  But, 
unfartunately,  at  the  time  I felt  well  enough with  the  help  of the  alleged  non- 
drowsy cold medicine to perform my duties. 

Most importantly,  I need you to  realize that this was an isolated event,  and was 
never any kind of routins pattern before or since the incident.  I always took a lot 
of  pride  in  my  service  as  a  Security  Policeman, , and  would  never  have 
intentionally put my military career in jeopardy. 

,' , , .  

SECOND ARTICLE f5 

I

,

 

I was stationed at Sembach Air  Base in Germany in July  1991.  I  was working 
on  base  patrol.  After  my  shif€  was  over  at  6  am,  I went  and  ate 
third 
breakfast and then went back to my dorm room to change my clothes because I 
had  plans that  morning to go to a local junk  yard to find some parts to  work on 
my car.  I left my  room between 7:15  and  7:30 and drove a friend's  car  I had 
borrowed to  get  my  parts from the junk  yard  (that opened at  8 am).  I got  my 
parts, returned to  my dorm room  at 9:30 am and went ta bed.  At approximately 
11313 pm, that same day, an investigator from my S.P.  unit came to my room and 
I returned to my unit to 
informed me th8t  I needed to report back to  my  unit. 
discover that I was being charged for missing a unit recall formation. 

The investigator said that two Security Policemen went around the dormitory at' 
approximately 7:15 - 7:30 informing everyone of the recall.  He also said that the 
two  security  policemen claimed they saw  me driving out  of the parking lot and 
that they yelled at me to try to stop me.  I did not hear or see them yelling and if 
they did sea me leaving the parking lot, then to this day I do not understand why 
the  secllrity  policemen did  not  use one of  their  issued radios to  call  the  gat6 
guard.  There was only ONE gate on and off base, so it would  have been very 
simple to have the gate guard stop me and inform me of the recall.' At this point, 
I received  a  second  Article  15,  a  reduction  in  rank  to  E-1,  and  a  general 
discharge from the USAF. 

I feel that the second Article 15 was not justified because if I had had knowledge 
of the recall I would have gone.  I was still on probation from my first Article 15 
and wwld never have taken the risk of getting in trouble of second time. 

I was very disappointed when I was discharged.  I had twa years and six months 
of service and was looking torward to either a career in the military or a career in 
civilian law enforcement.  Since entrance into the law enforcement field is very 
competitive,  I have been hurt very much (career-wise)  by the general dischargd. 
In spite  of my general discharge,  I was able to enter the Army  National Guard, 
and was a member IN GOOD STANDING until April 2002, when my most recent 
enlistment term  ended.  The Army  N.G.  was  rewarding,  and  1  was  honorably 
discharged,  but I still feel disappointed by the general discharge from the active 
USAF.  I am considering reentering a  reserve component  (USAF Reserve in 
Dayton, OH),  and I have found that the USAF general discharge will be a barrier 
to that military career move. 

Since  the general  discharge,  I've  gotten  a  lot  of  satisfaction  out  of  my Army 
National Guard service.  In fact,  I served six months of active duty from October 
2001 to April 2002 in support of "Operation Noble Eagle",  I served and led other 
soldiers as I held the rank of Staff Sergeant (E-6).  I feel proud that in spite of the 
general discharge, I've been able to find a way to serve my country,  I do well in 
my civilian career, and I have a wife and two little girls who are pmud of me and 

/

,

'

 

the things I  do.  I  would  very much like to be able to take my Air  Force records 
out and  show  them  off  to  my  children  someday,  instead of  hiding them  in the 
back of  my filing cabinet. 

At this point, I would like all of you to consider the circumstances surrounding the 
disciplinary  action  taken  toward  me,  and  consider  upgrading  my  discharge to: 
honorable.  Thank you so much for your time and consideration.  If you have any 
questions, please feel free to contact me at home during the day before 4 pm at 
0 Thank you! 

Sincerely, 

DEPARTMENT OF THE  AIR  FORCE 

HEADQUARTERS 66TH COMBAT SUPPORT GROUP  IUSAFE) 

, APO  NEW YORK  09136-5000 

L 

REPLY  TO 
ATTN  OF:  gp 

suejE,--:  Notification Letter 

1.  I  am recommending your  discharge from the United  States A ~ P  forae for 
conduct  prejudicial  to good order and discipline.  The authority for thiG 
action  is AFR  39-10, under  the provisions of  paragraph  5-46.  If  my  rscomman- 
dation is approved, your  service will  be  characterized  as honorable or 
general.  I  am recommending that your service be characterized as general. 
Copies of  the documents to be  forwarded  to the separation authority to support 
this recommendation are attached. 

2.  My  reasons for  this action and  the paragraphs  they support are: 

a. 

On  13 Feb 91, while serving  at  the Defense Flighting Position  (DEP) you 
wore  found sleeping on post,  for which you received an Article  15, dated  18 Fab 
91. 

b. 

On  1 1  Jul 91, at  Sembach AB, Federal  Republic  of  Germany, you failed  to 
go  to your 'appointed place of  duty,  for which you received an Article  15 dated 
16 Jul  91. 

c.  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, 
If you are discharged, you will  be  ineligible for reenlistment in the Aip  Force. 

3.  You have  the right  to consult counsel.  Military  legal counsel hag  been 

ist you.  I  have made an appointment  for you to aonsult 
--  ------ 
8&2/1 hdcl%n  1406 

.  You may  consult civilian 

at J o O O  

counstel  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 muat  reach me by 14-&-4l 
unless you request and  recdive an extension  for good  aause.  I will 
send  them to the separation authority. 

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. 

6.  You have been scheduled for a medical  examination.  You mudt  report to 
Sembach Clinic at -[ti&l?iyi on J(29E,$it  for the examination. 

7.  Any  personal  information you furnish in rebuttal  is covered by  the 
Privacy Act  Statement a g   explained  in AFR  39-10, attachment  6.  A  copy of  AFR 
39-10 is  available for your use  in  the unit orderly room. 

Right People.  Right Mission.  Right Now. 

8 .   Execute  the  attached  acknowledgment and return it  t o  me  immediately. 

68th  Security Police Squadron 

2  Atch 
1.  ART  15  d t d   -  13  Feb 91 
2 .   ART  15  d t d   -  19  Jul 91