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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE 

1  YES 

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No 

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PERSONAL APPEARANCE 

MEMBER SITTING 

GRADE 

I  AIC 

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RECORDREVIEW 

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A67.10 

CASE NUMBER 

HEARING DATE 

I  09 Sep 2003 

1  Case heard at Washington, D.C. 

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ORDER APPOINTING  THE BOARD 
APPLICATION  FOR REVlEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
I  PERSONAL  APPEARANCE 
/  TAPE RECORDING  OF PERSONAL APPERANCE 

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

TO: 

I 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

FROM: 

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

I 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

CASE NUMBER 

FD-2003-00169 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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 is 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. 

Issue  1.  Applicant  was  discharged  for minor  disciplinary infractions.  The records  indicated the applicant 
received two Micles 15, a Letter of Reprimand, two Records of Individual Counseling and an Unfavorable 
Information File for misconduct.  The misconduct included several instances of dereliction of duty, and three 
instances of disobeying lawful orders.  He also had an Enlisted Performance Report that was rated an overall 
referral  "2" which  noted his lack  of initiative,  and  repeated  problems with project  completion.  Applicant 
contends  his  new  First  Sergeant  was  making  an  example  of  him  to  prove  to  the  unit  that  he  (the  First 
Sergeant) "meant  business,"  and that the  First  Sergeant lied in  order  to  effect the  discharge.  The records 
review disclosed  no  documents supporting this  contention, nor  did applicant  submit any evidence  of such 
other than his personal assertions.  In the absence of such evidence, the Board finds this issue without merit. 
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, and therefore the characterization of the discharge received by the 
applicant was appropriate. 

NOTE:  During its review, the Board discovered the applicant may have been entitled to  an administrative 
discharge board (ADB), as his total service (inactive during the delayed enlistment and active) appeared to 
have exceeded 6 years.  There was no indication in the record that he was provided an opportunity to contest 
his discharge  at an ADB.  Additionally,  the Board noted that at the time of the discharge, after consulting 
with  legal  counsel,  member  waived  his  right  to  submit  statements on his  own  behalf,  and  requested  his 
discharge  be  processed  "with  due diligence."  The  Board, in denying  applicant's  appeal,  determined that, 
based  on  the  available  evidence,  if  applicant  had  requested  an  ADB,  it  would  likely  have  upheld  the 
commander's  recommendation  to  discharge  the  applicant  with  an  under  honorable  conditions  (general) 
discharge.  Thus, the Board concluded the failure to offer him this opportunity was a harmless error. 

In  summary,  the  Board  found  no  evidence  of  impropriety  or  inequity  in  this  case  on  which  to  base  an 
upgrade of discharge. 

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 A1C)  (HGH SRA) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 15 Feb 01 UP AFI 36- 
3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 7 May 75.  Enlmt Age: 19 8/12.  Disch Age: 25 9/12. Educ: HS DIPL. 
AFQT: N/A.  A-67,  E-73,  G-72,  M-67. PAFSC: 4E051 -  Public Health Journeyman. 
DAS: 13 Jul 95. 

b.  Prior Sv: (1) AFRes 28 Jan 95 -  31 Jan 95 ( 4   days) (Inactive) . 

0 days, all AMS.  AIC -  1 Dec 95.  SRA -  1 Feb 98.  EPRs: 5,4. 

(2) Enlisted as A m .  1 Feb 95 for 4 yrs.  Svd: 3 yrs 2 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 1 Apr 98 for 4 yrs. Svd: 2 Yrs 10 Mo 14 Das, all AMS. 

b.  Grade Status:  A1C -  26 Jan 01 (Article 15, 26 Jan 01) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 26 Jan 01, Scott AFB, IL -  Article 92.  Yo 
knowledge of a lawful order issued by Capt 
cease all contact until further notice with SrA- 
_.UI.(LYI,  an order which it was your duty to obey, did, 
at or near Belleville, Illinois, on or about 17 Jan 01, 
fail to obey the same by wrongfully inviting S~A- 

to 

into your apartment.  Reduction to AlC, 14 
B U I I - T C  

r e p r ~ n X - - C ~ Z j ~ F S I  

) ?N6------ 

--  =h 

mitigation) 

(2) 20 Jul 00, Scott AFB, IL -  Article 92.  You, who knew 

of your duties, on or about 28 Jun 00, were derelict in 
the performance of those duties in that you by culpable 
inefficiency failed to perform a complete walk-through 
of the Commissary, to include the retrieval of customer 
complaint forms and performing a check-in with the 
Commissary Office, as it was your duty to do.  You, who 
knew of your duties, on or about 28 Jun 00, were 
derelict in'the performance of those duties in that you 
by culpable inefficiency failed to prepare the 
Commander's Fitness Challenge report or to find a 

of a 
to remove 

replacement to do so for you while on leave or TDY, as 
it was your duty to do.  Yo 
lawful order issued by SSgt 
a cart from the third floor of Building 1500 to the 
basement of Building 1500, an order which it was your 
duty to obey, did, between on or about 29 Jun 00 and on 
or about 5 Jul 00, fail to obey the same by failing to 
take the cart to the basement of Building 1500.  You, 
who knew of your duties, on or about 2 May 00 and on or 
about 5 Jul 00, were derelict in the performance of 
those duties in that you by culpable inefficiency failed 
to locate or recreate an ergonomic evaluation letter as 
a client from Neurology, as it was your duty to do. 
Suspended reduction to AlC, forfeiture of $50.00 pay per 
month for two months, and 15 days extra duty. 
(No appeal)  (No mitigation) 

e.  Additional: RIC, 13 SEP 00 -  Dereliction of duty. 

LOR, 27 JUN 00 -  Failure to obey an order. 
RIC, 03 MAY 00 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: 1 Oct 97 -  30 Sep 98  Scott AFB  3  (Annual) 
1 Oct 98 -  30 Sep 99  Scott AFB  4  (Annual) 
1 Oct 99 -  30 Sep 00  Scott AFB  2  (Annual) REF 

(Discharged from Scott AFB) 

h.  Awards &  Decs:  AFAM, AFOUA, AFGCM, NDSM, AFLSAR, NCOPMER, AFTR. 

i.  Stmt of Sv:  TMS: (6) Yrs  (0) Mos  (19) Das 
TAMS:  (6) Yrs  (0) Mos  (15) Das 

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

(Change Discharge to Honorable) 

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Issue 1:  I was discharged for violating a "No-Contact Order" that was 

issued because of a relationship I was involved in prior to my divorce being 
finalized.  I was legally seperated  (sic) from my wife at the time, but my first 
sergeant was new to my base and said he had to prove that he meant ilbusiness." 
He stated that he had to kick someone out of the Air Force in his first month on 
station.  He even lied to my Commander about statements made by my supervisor 
and Flight Commander in order to get my discharge.  He was subsequently fired 
for abuse of authority. 

ATCH 
None. 

3  1  JAN  2001 

MEMORANDUM FOR AIRMAN FIRST CLASS 

FROM:  375 AMDS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions according to AFPD 36-32 and AFI 36-3208, under the provisions of paragraph 5.49. 
This action could result in your separation with an Honorable, under honorable conditions 
(General) discharge, or Under Other Than Honorable Conditions (UOTHC) discharge.  If my 
recommendation is approved, your service will be characterized as under honorable conditions 
(general) discharge. 

2.  My reasons for this action are: 

a.  On or about 2 May 2000, you missed a suspense for which there was no 

validated or authorized excuse.  For this offense you received a Letter of Counseling, dated 3 
May 00 (Atch l/A). 

b.  On 27 June 2000, you disobeyed a lawful order given to you by ~aj-, 

your 

flight commander, by participating in softball on 23 June 2000, after being placed on a physical 
profile on 19 June 2000 that prohibited you from sports activities.  For this offense, you received 
a Letter of Reprimand, dated 27 Jun 00 (Atch 1B). 

c.  On or about 28 Jun 2000, you failed to perform a complete walk-through of the 

Commissary, to include the retrieval of customer complaint forms and performing a check-in 
with the Commissary Office, as it was your duty to do. 

d.  On or about 28 June 2000, you failed to prepare the Commander's Fitness Challenge 

report or to find a replacement to do so while on leave or TDY, as it was your duty to do. 

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e.  B e t ~ 0 ~ 0 ~ ~ t ~ ~ ~ J u ~ ~ 2 o o o ~ ~ i b O U t S ~ ~ ~ o o ~  

y ~ u o b e ~ e d i i a ~ f ~ i  

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order issued by staff sergeant-to 
1500.  ' 

remove a cart from the third floor of Building 

f.  On or about 2 May 2000 and on or about 5 July 2000, you failed to locate or recreate an 

ergonomic evaluation letter as a client from Neurology, as it was your duty to do.  For the 
offenses listed in paragraphs 2(c-f), you received an Article 15, dated 20 July 2000, and an 
Unfavorable Information File was established (Atch l/C). 

g.  On or about 06 September 2000, you failed to secure your work area at the end of the duty 

day to include sensitive patient records.  For this offense you received a Letter of Counseling, 
dated 13 Sep 00 (Atch 1/D). 

h.  On or about 17 January 2001, you disobeyed a lawfbl order issued by Captain 

to cease all contact with Senior Airman 

an order which it was your 

duty to obey.  For this offense, you received an Article 15, dated 26 Jan 01 (Atch l/D). 

3.  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 or retained in the Air Force.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

4.  You must report to the 375 MDG, Scott Air Force Base, Illinois, Physical Examinations 
Section with your medical records for a doctor to determine if further action is required. 

5.  Before close of business tomorrow (or the next duty day) you will contact Special Actions at 
Military Pay at DSN 576-2665, to make arrangements concerning your military pay. 

at 

6.  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 with the Area Defense Counsel, Bldg 7, 
on 
hours.  Instead of the appointed counsel, you may have other counsel, if 
the lawyer you request is in the active military service, who is reasonably available as determined 
according to AFI  5 1-201.  In addition to or in lieu of military counsel, you have the right to 
employ civilian counsel at your own expense.  The Air Force does not pay expenses incidental to 
the employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

7.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me with in 3 duty days of your receipt of this letter, 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

8.  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. 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement of 
1974 as explained in AFI 36-3208.  A copy of AFI 36-3208 is available for your use in the 
sqiEGKorderly room or local Area Defense Counsel's office. 

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10.  Execute the attached acknowledgement and return  ' 

Attachments: 

1.  Supporting documentation 
2.  Airman's  Acknowledgement