AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

MEMBERS SITTING 

HEARING DATE 
22 JULY 2003 

CASE NUMBER 
FD2003-00120 

I 

Case heard at Washington, D.C. 

3 
LElTER OF NOTIFICATION 
4  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 
I I  TAPE RECORDING OF PERSONAL APPERANCE HEARING 

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 

YAFIMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

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, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00120 

GENERAL:  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. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 
r. 
FINDINGS:  Upgrade of discharge is denied. 

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

Issues.  Applicant was discharged for conduct prejudicial to good order and discipline.  He had two Articles 
15, five  Letters  of  Reprimand, three  Letters  of  Counseling, and  an  Unfavorable  Information  File.  His 
misconduct  included  failure  to  go,  sleeping  on  duty,  failure  to  obey  orders  and  general  regulations, 
improperly chambering  an  M-16  rifle round  then  clearing it  without  supervision,  dress and  appearance 
violations, failure to maintain his quarters to standards, and speeding and reckless driving.  At the time of 
the  discharge,  member  consulted  counsel  and  submitted  one  character  reference  in  his  own  behalf. 
Applicant now contends his inexperienced supervisor preferred to discipline him rather than help him, and 
by the time he got a new supervisor who was more sympathetic, it was too late and 'the damage was done." 
The commander had decided to discharge him.  The Board found this issue without merit.  The Board noted 
member was given several opportunities to correct his behavior but was either unwilling or unable to do so. 
Member was age 19 when his misconduct occurred, the same age as other airmen who honorably complete 
their  service without  misconduct.  There was no  evidence he was immature, or  didn't  know right  from 
wrong.  The Board determined member was responsible for his actions and was held accountable for them 
because his misconduct was disruptive to the unit.  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. 

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 AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF 29 Aug 02 UP AFI 36- 
3208, para 5.50.2 (Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Oct 82. Enlmt Age: 18 0/12.  Disch Age: 19 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-66,  G-59,  M-67. PAFSC: 3P031 -  Security Forces. 
DAS: 25 Aug 01. 

b.  Prior Sv:  (1) AFRes 17 Nov 00 -  06 Mar 01 (3 months 18 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  07 Mar 01 for 6 yrs. Svd: 1 Yrs 5 Mo 23 Das, all AMS. 

b.  Grade Status:  AMN -  07 Aug 02 (Article 15, 7 Aug 02) 

A1C -  11 May 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 Oct 02, Kirtland AFB, NM  -  Article 92.  You did, on 

or about 12 Sep 01, fail to obey a lawful general 
regulation, to wit: para 2.12.6 AFI 31-207, dated 1 Sep 
99, by wrongfully placing a round into the chamber of 
your M-16 rifle and then clearing the round without 
proper supervision.  Article 113.  You, on or about 12 
Sep 01, being posted as a sentinel at the South Valley 
Gate, were found sleeping upon your post.  Suspended 
reduction to Airman (E-2), forfeiture of $250.00 pay per 
month for two months, and 30 days restriction. 
(No appeal) (No mitigation) 

(2) 07 Aug 02, Kirtland AFB, NM  -  Article 86.  You did, on 

or about 23 Jul 02, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Reduction to Airman (E-2). (No appeal) (No mitigation) 

e.  Additional: MFR, 19 Jul 02 -  Making a racial slur. 

LOR, 02 MAY 02 -  Failed to maintain quarters and failure to 

LOCI 20 FEB 02 -  Failure to report to duty wearing the 

show up for duty at the prescribed time. 

LOR, 18 FEB 02 -  Speeding and reckless driving. 
LOR, 18 FEB 02 -  Failure to adhere to traffic standards. 

appropriate uniform. 

LOR, 09 FEB 02 -  Late for duty. 
LOCI 03 DEC 01 -  Failure to be properly prepared for 

guardmount briefing. 

LOCI 27 NOV 01 -  Failure to report to guardmount on time 

and failure to be clean shaven. 
LOR, 27 NOV 01 -  Failure to obey a direct order. 

f .  CM:  None. 

g.  Record of SV: None. 

(Discharged from Kirtland AFB) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (9) Mos  (13) Das 
TAMS: (1) Yrs  (5) MOS  (23) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Mar 03 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

DEPARTMENT OF THE AIR  FORCE 

377TH SECURITY FORCES SQUADRON (AFMC) 

KIRTLAND AIR  FORCE BASE NEW MEXICO 

MEMORANDUM FOR A1 

FROM: 377 SFSICC 

SUBJECT:  Notification Memorandum 

377 SFS 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct, specifically, conduct prejudicial to good order and discipline.  The authority for this 
action is AFPD 36-32, Military Retirements and Separations (14 Jul93) and AFI 36-3208, 
Adminispative Separation of  Airmen, paragraph 5.50.2 (1 0 Mar OO),  Conduct Prejudicial to 
Good Order and Discipline.  If my recommendation is approved, your service will be 
characterized as General (Under Honorable Conditions). 

2.  My reasons for this action are: 

a.  On or about 12 Sep 0 1, you failed to obey AFI 3 1-207 by wrongfblly placing a round into 

the chamber of your M-16 rifle then cleared the round without proper supervision.  You were also 
found sleeping on post.  As a result, you received punishment under Article 15 of the UCMJ and, 
an Unfavorable Information File (UIF) was established (see Atch A). 

b.  On or about 26 Nov 01, you failed to obey an order not to drive your vehicle without valid 

insurance.  As a result, you received a Letter of Reprimand (LOR) (see Atch B). 

c.  On or about 27 Nov 01, you failed to report to guardmount on time and failed to be clean- 
shaven upon reporting to duty.  As a result, you received a Letter of Counseling (LOC) (see Atch 
C) 

d.  On or about 3 Dec 0 1, you were not properly prepared for your guardmount briefing.  As a 

result, you received an LOC (see Atch D). 

e.  On or about 8 Feb 02, you failed to adhere to the vehicle standards outlined in AFI 31-284, 

which caused a vehicle accident.  As a result, you received an LOR and your driving privileges 
were revoked for 45 days (see Atch E). 

f.  On or about 9 Feb 02, you failed to go at the time prescribed to your appointed place of 

duty.  As a result, you received an LOR (see Atch F). 

g.  On or about 18 Feb 02, you were witnessed traveling south on Power Line Road at an 

excessively high rate of speed.  As a result, you received an LOR and an entry was made in your 
existing UIF (see Atch G). 

.