I 
I NAME OF SERVICJl MEMBER (LAST, FIRST MIDDLE INITIAL) 

I 

 

*

'

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I 

.............................. 
........ 
....... 
....... 
................. 
YES 

NO 

'I 

X 

I 

I 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 
Texas Veterans Commission 

MEMBER SITTING 

X* 

X* 

X 

................................................................................................................................................................... 
..................... 
ii&~BMf~~i:~:Qji~@~,@~jjj~j>~jjjj~ijijjjjjjjjjjjjjjj~I 
................................ 
.x,:::.i:::::::::::::::::::::::::::::j.EE~~~f 
.................................................................................... 
.......................................... 
:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.>>>..>..>>:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.~.:.:.>:.:.;.: 
I  1  I  ORDER APPOINTING THE BOARD 
1 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
I  3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPERANCE 

( 

I 

ISSUES  A94.06 

1  INDEmMBER 

A67.10 

HEARING DATE 

08 Dec 2003 

CASE NUMBER 

FD-2003-00179 

Case heard at Randolph AFB, TX. 

I Advise applicant of the decision of the Board. 

TO: 

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

I 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVlEW BOARD 
1535 COMMAND D R  EE WING. 3RD FLOOR 
ANDREWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 d  

- - -  

AF'HQ  FORM 0-2077, JAN 00 

@F-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00179-A 

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

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel,- 

f the Texas Veterans Commission at Randolph AFB on December 8,2003.  The following additional 
s

were submitted at the hearing: 

S

 

Exhibit 6: Design of VIP table, undated 
Exhibit 7: Airframe and Powerplant License, dated 22 Sep 2001 

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

FINDINGS:  The Board grants the requested relief. 

The discharge is upgraded to Honorable. 
Reason is changed to Secretarial Authority. 

The Board finds that neither the evidence of record nor that provided by applicant substantiates an 
impropriety that would justify upgrade of the discharge.  However, based on the record and the testimony of 
the applicant, the Board finds that the applicant's character of discharge is inequitable. 

ISSUE:  Applicant contends discharge was inequitable because "it  was too harsh".  The information 
provided by the applicant and contained in his records was carefully reviewed by the DRB.  The records 
indicated the applicant received one Article 15 and four Records of Individual Counseling.  The misconduct 
included failure to go, dereliction of duty, failing to follow established procedures, and failing to 
demonstrate the qualities expected of a noncommissioned officer.  After a thorough and complete 
consideration of the information submitted by the applicant and contained in the records, the Board 
concluded there was sufficient mitigation to substantiate upgrade of the 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. 

However, in view of the foregoing findings, the Board further concludes that the overall quality of 
applicant's service is more accurately reflected by an Honorable discharge and change of reason for 
discharge to Secretarial Authority, under the provisions of Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD2003-00179-A 

- 

(Former A1C) (HGH SGT) (REHEARING) 

1.  MATTER UNDER REVIEW:  Appl  rec'd  a Gen Disharge fr USAF 14 
Nov  89 UP AFR  39-10, para 5-46 (Misconduct -  Minor Disciplinary 
Infractions).  Appeals for an Honorable Discharge. 

2.  OTHER FACTS: 

a.  See attached cy of Examiner's  Brief dtd 13 Sep 96. 

b.  The AFDRB  reviewed case on 25 Sep 96  (non-appearance w/o 
counsel) &  concluded applicant's  discharge should not be changed. 

3.  BASIS ADVANCED FOR REHEARING:  Appl  (DD Fm 293) dtd 8 Apr 03. 
(Change Discharge to Honorable) 

ISSUE 1:  I do have an Honorable discharge from The Usafr  (sic). 

ISSUE 2:  I do have an honorable discharge prior  to the last 
enlistment. 

ISSUE 3:  The primary reason for discharge was work related 
performance.  Post discharge performance has been outstanding or 
excellent.  Please consider Upgrading  (sic) based on post 
discharge job performance and accomplishment. 

STATEMENT ATTACHED TO BRIEF. 

Atch 

1.  Applicant statement to the Air Force Discharge Review Board. 
2.  Employment Evaluation. 
3.  Nomination, Employee Of The Month. 
4. Five Character References. 
5. Certificate of Appreciation. 
6.  Performance Appraisal. 
7. College Transcript. 

Dear Sirs, 
The reasons for my discharge stated that I was not doing my job as stated by my supervisors and the USAF and was 
reflected in my last Two APR's, and .One  article 15. I have shown as evidenced by copies of civilian APR's  and 
letters of reference ffom those employers that I have done excellent or outstanding work post discharge. I come 
highly recommended by my employers for most jobs. Post discharge I have not had a problem with keeping a job 
once I was able to get the job. There in lies the problem. The characterization of the discharge has made it difficult to 
get a decent paying job.  Therein lies the reason that I want an upgrade of discharge. I can get all of the low paying 
jobs that I want; but these jobs carry no responsibility at all. 
I understand that I had many problems and will try to bring light to them in this upgrade. The first and most 
problematic was the fact that I was still immature and essentially a young teenager. I have been through much post 
discharge. At present I believe that I have grown into full maturity. There are still areas of my life that require work 
as most of us do have these areas in our lives. 
The second problem was that I did not know how to live life on life's terms. I was able to manipulate the world in 
order to get my way .I was very selfish and self-centered. .  I was the center of my universe. This was a very lonely 
place to be. 
The third problem involved my use of alcohol in order to deal with life. This has not been a problem since getting 
into AA. . I have not had a drink in nearly Sixteen years.  I did not start drinking on a regular basis until I joined the 
military. Alcohol allowed me to run away ffom life, though it saved my life at the time. It was my God. 
The question that many of you would have is this how has this man changed post discharge? I have grown up and 
done most adult things. I am buying a home and take care of it by myself, as I am still single. I either had the money 
to date, or the time but neither at the same time. I have not had the opportunity to develop this type of relationship 
due to a lack of time or money. The other point that needs to be made is that it would be irresponsible for me to go 
start a family and not be able to provide for them emotionally due to many hours at work, or to not provide for their 
physical needs due to a lack of money. 
The other changes in my life include many fiends and colleagues. This was brought about by the fact that I was able 
to become humble and be a part of society, not apart ffom. The other change that took place is that I do have some 
self-esteem and I do like myself. When one likes him or her it becomes much easier to get along with others. 
The one thing that makes life easier to deal with is my relationship with God. I did not have a relationship with God 
until I was delivered into the hands of AA. Then it was tough to have this relationship, as I was Unfsmiliar with it. I 
joined a church seven years after joining AA. I did not join the church at that time due to want, but out of 
desperation; as I needed other spiritual Help. It worked and helped me to h i s h  growing up. 
As stated earlier I have worked hard to rebuild my life. I have educated myself and I and hold both FAA Air Frame 
and Power Plant repair certifications. My GPA is 3.19.  The last two semesters that I attended School I was on the 
Deans List. Other recent changes include the fact that I was made the treasurer for our district in A.A.  The above 
things would not have happened if I had remained the same person that I was when Drinking. 
The unfortunate truth of the matter is that it takes many years to change after many years of running away fiom life. I 
believe that I have made those changes yet I find that two bad years out of my life have continued to follow me for a 
decade or more. That is why I am asking for this upgrade of discharge. 

DEPARTMENT  OF  THE  AIR  FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

WASHINGTON,  D.C. 

(Former  A1C) 

1.  MATTER  UNDER  REVIEW:  Appl  rec'd  a  GEN  Disch  f r  USAF  89/11/14  UP  AFR  39-10, 
Para  5-46  (Misconduct  - Minor  D i s c i p l i n a r y   I n f r a c t i o n s ) .   Appeals  f o r  HON  Disch, 
Change  o f   Reason  f o r   Disch  &  Change  o f   RE  Code. 

2. 

BACKGROUND: 

a. 

DOB:  62/05/29.  Enlmt  Age:  24  3/12.  Disch  Age:  27  5/12.  Educ: 

(RIP 

r e f l e c t s )   15-29  S/H.  AFQT:  Unk.  AQE:  M-78,  A-53,  6-71,  E-68. 
S t r a t e g i c  Acft  Maintenance  Spec.  DAS:  86/12/21. 

PAFSC:  45750C  - 

- 

b. 

P r i o r   Sv: 

6  Y r s ,   1 Mo,  19  Das  of  which  AMS  i s   4 ' Y r s   7  Mos  26  Das. 

(1) 

(Stmt  o f   Sv  r e f l e c t s )   AFRes  81/07/06  -  83/04/03  (1 Y r   8  Mos  28 

Das).  6  Mos  23  Das  ( I n a c t i v e )   &  1 Y r   2  Mos  5  Das  ( A c t i v e ) .  

( 2 )   Enld  a s  Amn  83/04/04  f o r   4  Y r s .   Svd: 

3  Y r s ,   4  MOS,  21  Das,  a l l  

AMS. 

SrA,  85/10/04.  APRs: 

8,  9,  9.  Disch'd  f o r   irnrned  reenlmt  86/11/24. 

3. 

SERVICE  UNDER  REVIEW: 

a.  Enld  a s   SrA  86/08/25  f o r  6  Y r s .   Svd:  3  Y r s   2  Mos  20  Das,  a l l  AMS. 

'  b.  Grade  S t a t u s :  

SrA  -  85/10/04 
Sgt  -  Unk 
A1C  -  89/08/09 

( A r t   15 d t d   89/08/23) 

, 

c.  Time  Lost:  None. 

i 

d.  A r t   15's: 

(1)  89/08/23,  K . I .   Sawyer  AFB  -  I n  v i o l   of  A r t   86,  92, 
UCMJ,'  p u  did,  o / a   89/07/15,  FTG  a t   t h e   time  -  b 
p r e s c r i b e d   t o  your  apptd  place  o f   dy,  t o   w i t :   Bldg 
627,  t h e   LOX  sv p l a n t .  
dys  a t   K.  I.  Sawyer  AFB,  o / a   89/07/15,  were  d e r e l i c t  
i n   t h e   perf  of  t h o s e   dys  i n   t h a t   you  n e g l i g e n t l y  
f a i l e d   t o   s e r v i c e   t h e   l a x  c a r t s ,   a s   it  was  your  d y   t o  
do. 
(Appealed;  d e n i e d ) .  

( O r a l / w r i t t e n  m i t i g a t i o n )  .  Rdn  t o   A1C. 

I n   t h a t   you,  who  knew  o f   y o d r  

+ -7' 

. 

e .   CM:  None. 

f.  Record  of  Sv: 

86/02/17 
86/10/14 
87/10/14 
88/03/09 

86/10/13  Mather  AFB 
87/10/13 
88/03/08 
89/04/20 

K I   Sawyer  AFB 
K I   Sawyer  AFB 
K I   Sawyer  AFB 
(Disch'd  f r  K.  I.  Sawyer  AFB) 

9 
8 
7 
6 

(CRO) 
(Annual) 
(CRO) 
(Annual) 

g .   Awards  &  Decs:  AFGCM,  AFTR,  AFLSAR,  AFOUA. 

h. 

S t m t   o f   Sv:  TMS:  8  Y r s   4  Mos  9  Das 
TAMS:  7  Yrs  9  Mos  1 6  Das 

4.  BASIS  ADVANCED  FOR  REVIEW:  Appln  (DD  Fm  293)  d t d   95/08/11 

(Change  D i s c h a r g e   t o   Honorable) 

(Change  Reason  f o r   D i s c h   t o ) :   Convenience  o f   t h e   Govt 

(Change .RE  c o d e   t o )  :  1A 

ISSUE  1:  I  am  r e q u e s t i n g   t h e   removal  of  t h e   i n c i d e n t s   d a t e d   27  May,  1987.  S e e  
I s s u e   # I ,   p a r a g r a p h s   A  t h r o u g h   D. 

ISSUE  2: 
#2, p a r a g r a p h s   A  t h r o u g h   G. 

I  am  r e q u e s t i n g   t h e   removal  o f   t h e   APR  d a t e d   8  March,  1988.  S e e   i s s u e  

ISSUE  3: 
i s s u e   83,  p a r a g r a p h s   A  t h r o u g h   D. 

I  am  r e q u e s t i n g   t h e   removal  o f   t h e   APR  d a t e d   20  A p r i l ,   1989.  S e e  

ISSUE  4: 
S e e   i s s u e   #4,  p a r a g r a p h s   A t h r o u g h   I?. 

I  am r e q u e s t i n g   t h e   removal  o f   t h e   a r t i c l e   1 5 ,   d a t e d   9  August,  1989. 

ISSUE  5  &  6:  S e e   a t t a c h e d .  

ATCHS 

Appl',s  add1 l  i s s u e s   ( c y   a t c h d   t o   Examiner's  B r i e f )  

, 

Briefs  t o  i s s u e s   1 t h r o u g h   5  (cy  a t c h d   t o   Examiner's  B r i e f ) .  

C y   o f   1-pg  l t r ,   d t d   88/01/25. 

l-pg  doc  o f   sample  830. 

Add'l  d o c s   (see  l i s t   a t c h d   t o  ~ x a m i n e r ' s  B r i e f )  

DEPARTMENT  OFTHE AIR  FORCE 
H E A D Q U A R T E R S  4 1 0 T H  BOMBARDMEN,T W I N G  ( S A C )  
K  I SAWYER AIR  F O R C E  BASE.  M I C H I G A N  4 9 8 4 3 - 5 0 0 0  

REPLY TO 
m,. 0, 

410  OMS/CC 

. U B J ~ ~ ~ :  

.  N o t i f i c a t i o n  L e t t e r  -  Board  Hearing 

L 
A1C 

: 

410  OMS 

2 5  AUG  1989 

1.  I am  recommending  your  discharge 
from  t h e   United  States  A i r   Force  f o r  
m i  nor  d i  s c i  p l  i nary  i n f r a c t i o n s   according  t o  AFR  39-10,  under  t h e   provisions  o f  
paragraph  5-46.  Copies  o f   the  documents 
t o  t h e   separation 
a u t h o r i t y  t o  support  t h i s  recommendation  are  attached. 

t o  be  forwarded 

2.  My  reasons  f o r  t h i s   a c t i o n  are: 

a.  You  did, 

on  o r   about  15  J u l y   1989,  without  authority, 

t h e  time  prescribed  t o  your  appointed  place  o f  duty, 
evidenced  by  AF  Form  3070  dated  9  August  1989. 

f a i l   t o  go  a t  
t o  w i t :   Bui 1 ding  627,  as 

b.  You 

f a i l e d  t o  accomplish  assigned  tasks  on  21  March  1989,  23  March 
1989,  and  24  March  1989,  a f t e r  you  were  s p e c i f i c a l l y   tasked  t o   perform those 
duties,  as  evidenced  by  LOC  dated  27  March  1989. 

c.  You 

f o l l o w   established  procedures  before  loading  a i r c r a f t  
equipment  onto  a  KC-135  a i r c r a f t   on  o r  about  3  March  1989,  as  evidenced  by  LOC 
dated  8  March  1989. 

f a i l e d   t o  

d.  You  f a i l e d  t o  demonstrate  t h e   s k i l l s   associated  with  your  p o s i t i o n  as 
an  NCO  on  o r   about  4  August  1988,  by  not  communicating  e f f e c t i v e l y   w i t h  your 
subordinates,  as  evidenced  by  LOC  dated  8  August  1988. 

e.  You 

f a i l e d  t o  f o l l o w   establ ished  procedures  on  o r   about  27  May  1987 
when  you  drained  hydraulic  f l u i d   while  a i r  pressure  was  s t i l l   on  t h e   fluid, 
creating  a  p o t e n t i a l l y   dangerous  situation,  as  evidenced  by  request  f o r  mental 
health  evaluation  (undated). 

recomnending 

receive 

3.  This  a c t i o n   could  r e s u l t   i n  your  separation  w i t h   a  general  discharge.  I 
am 
exercising  SPCM 
decision 
reenlistment  i n  t h e  A i  r Force. 

a  general  discharge.  The  commander 
t h e   f i n a l  
l   be  i n e l i g i b l e  f o r  

t h a t   you 
j u r i s d i c t i o n   o r   a  higher  a u t h o r i t y   w i l l   make 

i n  t h i s  matter. 

I f  you  are  discharged,  you  w i

l

4.  You  have  t h e   r i g h t   t o :  

a.  Consult  legal  counsel. 

b.  Present  your  case  t o  an  administrative discharge  board. 

P e a c e .

 . . .  i s   o u r   P r o f e s s i o n  

c.  Be  represented  by  l e g a l   counsel  a t   a  board  hearing. 

d.  Submit  statements  i n  y o u r   own  behalf  i n  a d d i t i o n   t o ,   o r   i n  l i e u  of, 

t h e   board  hearing. 

e.  Waive 

t h e  above  r i g h t s .   You  must  consult  l e g a l   counsel  before  making 

a  d e c i s i o n   t o  waive  any  o f  y o u r   r i g h t s .  

1989. 

K.  I. Sawyer  AFB,  Michigan, 

5.  You  have  been  scheduled  f o r   a  medical  examination.  You  must  r e p o r t   t o  t h e  
a t   07:3Q  hours  on 
410th  Strat,egic  Hospital, 
-fi 
5 
6.  M i l i t a r y   l e g a l   counsel  Capt  Drew,  Bldg  708, 

e x t   2330  has  been 
t o  a s s i s t  you.  An  appointment  has  k e n  scheduled  f o r  you  t o  consult 
a t   t h e   Area  Defense  Council  on 
hours. 
i f  the  lawyer you 
i s  reasonably  a v a i l a b l e   as 
you  have 
r i g h t  t o   employ  c i  v i  1 i an  counsel.  The  A i r   Force  does  not  pay  expenses 
i f  

Ca p t  
Obtai& 
Instead  of  t h e   appointed  counsel, 
request 
determined  according  t o  AFR  111-1. 
t h e  
i n c i d e n t  
employed,  must  be  r e a d i l y   available. 

t o   t h e   employment  o f   c i v i l i a n   counsel.  C i v i l i a n   counsel, 

i s  

i n  t h e   a c t i v e  m i l i t a r y   service  and 

I n  a d d i t i o n   t o  m i l i t a r y  counsel, 

2 9  

"'f989  a t   Qq:5_ 

you  may  have  another, 

room  323, 

7.  Confer  w i t h   your  counsel  and  reply, 
s p e c i f y i n g   t h e   r i g h t s  you  choose  t o  exercise.  The  statement  must  be  signed  i n  
t h e   presence  o f  your  counsel  who  a l s o   w i l l   s i g n   it.  I f  you  waive  y o u r   r i g h t  
t o  a  hearing  before an  a d m i n i s t r a t i v e   discharge  board, 
you  may  submit  w r i t t e n  
statements 
i n  your  own  behalf.  I w i l l   send  t h e   statements  t o  t h e  discharge 
I f  
a u t h o r i t y   w i t h  t h e   case 
you  f a i l   t o  respond,  your  f a i l u r e  w i l l   c o n s t i t u t e  a  waiver  o f   t h e   r i g h t   t o  t h e  
board  h e a r i  ng. 

f i l e  t o  be  considered  w i t h  t h i s   reconlmendation. 

i n   w r i t i n g ,   w i t h i n   7  workdays, 

8.  Any  personal  i n f o r m a t i o n  you  f u r n i s h   i n  r e b u t t a l   i s  covered  by  t h e  Privacy 
Act  Statement  as  explained  i n  AFR  39-10,  attachment  6.  A  copy  o f  AFR  39-10  i s  
a v a i l a b l e   f o r  your  use  a t  t h e  OMS  Orderly  Room. 

attached  acknowledgement  and  r e t u r n   i t  t o  me  innediately. 

t, USAF 
ander 

1.  Supporting  Documents 

a.  AF  Fm  3070  d t d   9  Aug  89  w/atchs 
b.  SAC  Fm  845  d t d   27  ~ a r
 89  w/atch 
c.  AF  Fm  174  d t d  8  Mar  89 
d.  SAC  Fm  845  d t d  8  Aug  88 
e.  KIS  Fm  1 d t d   27  May  87 

2.  Documents  Contai n i  ng  Derogatory 

Information: 
a.  AF  Fm  1058  d t d   24  Apr  89 
b.  Mental  Health  Eva1  d t d   21  Dec  88 
c.  SART  F i l e  
d.  Reenlistment  I n e l i g i b i l i t y  RIP 

d t d   30'Jun  87 

e.  Denial  o f  AFGCM  d t d  1 Feb  84 

3.  Amn' s  Acknowl edgenient