A 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNlSSAN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

X  RECORD REVIEW 
ADDRESS AND OR ORCANLZATION OF COUNSEL 

AMN 

MEMBERS SITTING 

I 

VOTE OF TllE B O m  

HON 

I  GEN 

1  UOTI~C 

I  OIHER 

G W  
COUNSEI. 

YES 

NO 
X 

I 

I 

I 

- 

-i 

I  nENY 

I 

I 
-BITS 

I 

SUBMITIXD  TO ~ r n  BOARD 

I 

ORDER APPOINTTNG TI4E BOARD 

ISSUES 
A92.01, A92.03, A92.11, 
'A94.11,  AO1.39, A01.13, 
A01.25 

INDEX NUMBER 
A67.10 

5 

( HEARING DATE 
10 JUN 03 

CASE NUMBER 
FD2003-00111 

1 
2 

3 
4 
- 

C 

APPLICATION FOR REVIEW OF DISCHARGE 

LE7TER OF NOTlFlCATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO TtIE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

I 

TAPE RECORDING OF PERSONAL APPERANCE HEARING 

APPLICANT'S lSSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DEC~S~ONAL RATIONALE. 

REMARKS 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to 
submit an application to the AFBCMR. 

SAFIMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPIi AFB, TX 78 150-4742 

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

AFIIQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00111 

G E N E U L :   The applicant appeals for upgrade of discharge to honorable. 

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

?'he attached brief contains available pertinent data on thc applicant and the factors lcading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The Board  finds that  neithcr  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

Applicant was discharged fbr minor disciplinary infractions.  He had an Article 15 for signing a false 
official statement, making a false statement to his commander, willfully damaging government property, 
assaulting another airman, and harassing two other ainnen while being disorderly.  At the time of the 
discharge, member consulted counsel and submitted statements in his own behalf requesting retention. 

Issues  1 - 3.  Applicant infers his discharge was inequitable in view of his excellent duty history reflected in 
his performance reports, awards and decorations, and promotion selection.  The records review disclosed 
that all of the misconduct referred to in member's  Article  15 occurred during two alcohol-related incidents. 
These followed two previous alcohol-related incidents, as recounted in one of the character statements 
applicant submitted at the time of discharge.  While it is true that member had a satisfactory duty history 
apart from his alcohol-related misconduct, and the record reflects he was a cooperative, successfil 
participant in the substance abuse rehabilitation program, his commander considered these factors but 
determined member's  nlisconduct was so p a v e  that it did not warrant retention.  The DRB agreed that the 
seriousness of member's  misconduct offset the positive aspects of his duty performance.  Member was 
responsible for his actions and was held accountable for them because his misconduct was disruptive to the 
unit.  The Board concluded the discharge was appropriate for the reasons that were its basis. 

Tssues 4 - 7.  Applicant infers his discharge was inappropriate due to inadequate representation by legal 
counsel, false accusations made against him, and his belief he was made an example of by his command. 
Applicant did not provide sufficient evidence to substantiate these contentions and the Board found these 
issues without merit. 

Issue 8.  Applicant contends he had no opportunity for rehabilitation  following his Article  15, and that the 
discharge served to punish him twice for the same offenses.  Applicant's contentions are unfounded.  The 
discharge regulations clearly gave his chain of command authority to recommend  discharging him based on 
unsuitability for hrther military service as a result of his serious misconduct.  Facts and circumstances are 
different in each action and must be judged  on a case-by-case basis.  In doing so, a commander must 
consider the seriousness of the misconduct and how a member's  retention might affect good order, 
discipline, and morale, not just  the member's rehabilitative potential.  Administrative separation is a 
separate and distinct action apart from the Article  15; it is an action that severs the military status of an 
individual and characterizes his service, but is not the same as the punishment rendered by the non-judicial 
proceeding for his misconduct.  Commission of serious repeat offenses clearly established applicant's 
unsuitability for further Air Force service. 

a 

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. 

CONC1,USIONS:  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 AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch f r  USAF 19 Feb 03 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 24 Aug 79. Enlmt Age: 19 1/128.  Disch Age: 23 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-88,  G-88,  M-79. PAFSC: 1ClSl - Air Traffic Control. 
DAS: 4 Apr 02. 

b.  Prior Sv:  (1) AFRes 28 Sep 98 -  23 Feb 99 (4 Months 27 ~ a y s )  (~nactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  24 Feb 99 for 6 yrs. Svd: 3 Yrs 11 Mos 27 Das, all AMS. 

b.  Grade Status:  AMN  -  12 Dec 02  (Article 15, 12 Dec 02) 

SRA  -  16 A u ~  01 
A1C -  16 Apr 99 

c.  Time Lost:  None. 

d .   Art 1 5 ' s :  

(1) 11 Dec 02, Osan AB, Korea -  article 107.  You, did, on 

or about 10 Aug 02, with intenk to deceive, sign an 
official statement, to wit:  by answering "noo to the 
question "did you break the window in the above door in 
Building 1351", which statement was totally false, and 
was then known by you to be so false.  You, did, on or 
about 2 Oct 02  with intent to deceive, make to 

official statements, to wit: 

avilion my hands were full as I 

pr0ceede.d  to open both the hallway and dorm entrance 
doors with my foot.  Unfortunately the lower portion of 
glass on the right hand entrance door broke as I shoved 
it open," or words to that effect, which statements were 
totally false, and were then known by you to be so 
false.  Article 108.  You, did, on or about 10 Aug 02, 
without proper authority, willfully destroy by cracking 
a window in the door in Building 1351, military property 
of the United States the amount of said damage being in 
the sum of $209.00.  Article 128, 
12 October 2002, unlawfully strike 
in the face with your fists.  Article 134.  You, were, 
on or about 1 2   Oct 02, disorderly,by harrassing and 

t 

to AMN, and 60 days restriction. (No appeal)  (No 
mitigation) 

at the Mustang Club.  Reduction 

e.  Additional: None. 

f .   CM: 

None. 

g.  Record of SV: 24 Feb 9 9   -  15 Oct 00  Tyndall AFB  5  (Dir by HAF) 

16 Oct 00 -  15 Oct 01  Tyndall AFB  5  (Annual) 
16 Oct 01 -  21 Mar 02  Tyndall AFB  5  (CRO) 

(Discharged from MacDill AFB) 

h.  Awards &  Decs:  AFTR, BATCB. 

i.  Stmt of Sv:  TMS:  ( 4 )   Yrs  ( 4 )   Mos  (23) Das 
TAMS: ( 3 )   Yrs  (11) Mos  (27) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )  dtd 6 Mar 03. 

(Change Discharge to Honorable) 

Issue 1:  My conduct and efficiency ratings were top-notch throughout my Air 

Force career.  Besides my Article 15 during this isolated situation. 

Issue 2:  My record of promotion shows that I was a dedicated, hard working 

and very focused airman.  Making E-5 in less than four years. 

Issue 3:  I received many awards and decorations including an achievement 

medal for my flawless efforts during an aircraft emergency, Professional Airman 
of the Year, Airman of the Quarter, Air Traffic Controller of the quarter as 
well as numerous LOA's for my dedicated and unselfish hard work. 

Issue 4:  False statements written against me were never investigated 

f u r t h e r .  

Issue 5:  My truthful version of the situation was discarded which caused 
the unwarranted changes to be added to my Article 15.  I volunteered to take a 
polygraph test to prove myself and show my commander that the two statements 
against me were indeed false.  Once again this issue was not pursued. 

Issue 6:  I feel that I was  made an example out of because of the very high 

amount of alcohol related incidents at Osan AB between Oct 02 -  Dec 02.  I 
believe that I would have been given a second change to continue my Air Force 
career if my situation took place under a different command at a different base. 

Issue 7:  My representation from the Area Defense Council (sic) was sub-par 

due to under manning and the high number of incidents which occured  (sic) on 
Osan AB.  Because of my 60 day restriction to base and being stationed in South 

Korea  I  was not able to seek adequate legal representation. 

Issue 8:  Charges on my  discharge were the exact  same as those I was punished 

for on my Article  15.  I was never given a second chance to rehabilitate m y  
c a r e e r .   I  f e e l   I  was punished  twice for the exact  same Lhings and was never 
able to prove  my worth as  a valuable airman. 

ATCH 
1. Enlisted Performance Reports. 
2. Response to Discharge, 
3 .  Character References. 

. .  

. 

. 

DEPARTMENT OF THE AIR FORCE 

51st Operations Support Squadron 

~ p d  

UlVlT 21 63 
AP 96278-2 163 

. 

p a 0 0 3  --/// 

FROM: 51 OSSICC 

?d 

SUBJECT:  Notification Memorandum 

1, I am recommending your discharge from the United States Air Force based upon Minor 
Disciplinary Infractions.  The authority for this action is AFPD 36-32, Military Retirements and 
Separations, and AFI 36-3208, Administrative Sepuration of  Airmen, Para 5.49.  If my 
recommendation is approved, then your service will be characterized as llonorable or General 
(under Honorable Conditions).  I am recommending that you receive a General discharge. 

2.  My reasons for this discharge action are as follows: 

On or about 10 August 2002, at or near Osan Air Base, Republic of  Korea, you willfully 

destroyed military property by cracking a window in a door in Building 1351.  On or about 10 
August 2002, you signed a false official statement by answering "No,"  to the question "Did you 
break the window in the above door in Building 1351," knowing that it was false and that you did 
break the window.  On or about 2 October 2002, you made a false official statement to me 
regarding shoving a door with your foot resulting in the glass br 
that it was false.  On or about 12 October 2402, you unlawfully 

S 

-in 

the face wi 
aggressively towar 
the Mustang Club.  For these incidences of misconduct you received an Article 15, dated 11 
December 2002.  (Atch 1) 

at 

3. Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial 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.  Any special pay, bonus, or education assistance funds 
may be subject to recoupment. 

J 

4.  You have the right to consult legal counsel.  Military legal counsel is available to assist you. 
You may consult the Area Defense Counsel (Bldg 937, Rm 101) at 784-6774, You may consult 
civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements that you want the 
separation authority to consider must reach me by ~ W O  
hours on b!Tm 03 (three workdays) 
unless you request and receive an extension for good cause.  I will forward any such statements to 
the separation authority. 

6. Tf  you fail to consult or submit statements in your own behalf, then your failure will constitute a 
waiver of your right to do so. 

7, You have been scheduled for a rnehcal examination.  You must report to the hospital at 
(1900  hourson  ; ? / J A J ~ ~  

8.  The Privacy Act of  1974 covers any personal information you furnish in rebuttal.  A copy of 
AFI 36-3208 is available at the Orderly Room. 

9.  Execute the attached acknowledgment and return it to me immediate1 y. 

Attachments: 
1.  Article 15, dated 11 Dec 02 
2.  Airman's* Acknowledgment