. 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER &AST,  FIRST MIDDLE INITIAL) 

GRADE 

AFSNJSSAN 

TYPE 

PERSONAL APPEARANCE 

I 

I  RECORDREVIEW 

I 

I 

MEMBER SITTING 

I 

HON 

GEN 

I  UOTHC 

I  OTHER 

I  DENY 

1 

ORDER APPOINTING THE BOARD 

FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

1 

I 

1 

I 

I  TAPE RECORDING OF PERSONAL APPERANCE 
I 
1 

I 

I 

HEARING DATE 

1  06 Dec 2003 

I 

CASE NUMBER 

I  FD-2003-00207 

heard at Randolph AFB, Texas 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR, 

TO: 

SAF/MRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

FROM: 

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

CASE NUMBER 

FD-2003-00207 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) in San Antonio, 
Texas, but failed to appear.  The DRB considered the applicant's request based on a review of his record. 

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

FINDINGS:  Upgrade of Discharge is denied. 

The Board  finds the  applicant submitted no issues contesting the  equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identi@ any that would justi@  a change of 
discharge. 

* 

ISSUE: 

The applicant submitted no specific issues other than to state the he agrees his conduct while on active duty 
was not acceptable and that he would like another chance to serve in the military.  The record indicates that 
the  applicant  served  on  active  duty  for  1 year  and  6  months  during which  time  he  received  nonjudicial 
punishment for making a false official statement and dereliction of duty, 7 letters of reprimand for various 
types of misconduct (including an arrest by civil authorities for public intoxication), 4 records of individual 
counseling, and  a memo for record for counseling related to  financial irresponsibility.  The Board reviewed 
the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade 
of  discharge.  The  DRB  opined  that  through  these  administrative  actions,  the  applicant  had  ample 
opportunities to change his repetitive negative behavior. 

The Board concluded the applicant's  multiple disciplinary infractions were a significant departure from the 
conduct expected of all military members.  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 AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 24 Oct 96 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Mar 75.  Enlmt Age: 20 1/12.  Disch Age: 21 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-48,  E-56,  G-42,  M-52. PAFSC: 33431 -  Utilities Systems 
Apprentice. DAS: 6 Oct 95. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 20 Apr 95 for 4 yrs. Svd: 1 Yrs 6 Mo 5 Das, all AMS. 

b.  Grade Status:  AB -  30 Sep 96 (Article 15, 30 Sep 96) 

AMN -  20 Oct 95 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 30 Sep 96, Altus AFB, OK -  Article 92 and 107.  You 

did, on or about 17 Sep 96, with intent to deceive, make 
to your First Sergeant, an official statement to the 
effect that you did not have a young lady in the 
dormitory room with you and that 
not been with you the previous ni-nt 
was totally false, and was then known by you to be so 
false.  You, who knew of your duties, on or about 17 Sep 
96, were derelict in the performance of those duties in 
that you willfully failed to refrain from having a 
female in the dormitories that was not a family member 
and who was under the age of 18.  Reduction to AB, 15 
days restriction, and 30 days extra duty. (No appeal) 
(No mitigation) 

had 

e.  Additional: LOR, 09 SEP 96 -  Failure to obey a lawful order. 

LOR, 09 SEP 96 -  Failure to answer service calls in 

proper amount of time. 

LOR, 09 SEP 96 -  Civil arrest and incarceration for 

intoxication. 
LOR, 03 JUL 96 -  Late for work. 
RIC, 01 JUL 96 -  Failure to respond to standby call 
LOR, 23 APR 96 -  Misuse of government credit card. 
LOR, 22 APR 96 -  Financial irresponsibility. 

the 

public 

RIC, 22 APR  96 -  Misuse of government time. 
LOR, 17 APR  96 -  Financial irresponsibility. 
MFR, 16 APR 96 -  Financial irresponsibility. 
RIC, 28 DEC 95 -  Late for work. 
RIC, 23 OCT 95 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Altus AFB) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (1) Yrs  (6) Mos  (5) Das 
TAMS: (1) Yrs  (6) Mos  (5) Das 

4 .   B A S I S   ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 26 Feb 03. 

(Change Discharge to Honorable) 

Issue 1:  My conduct while in the armed forces was not exceptable  (sic) 

while I was serving, but my grandfather was in the military and I just want a 
chance to prove what kind of man I really am.  I need the military in my life 
and this will be my last chance.  I would and without thought die for my country 
and just want a chance to have some honor in my life.  So at this time I am 
requesting one chance to show what I am capable of.  I lost my wife while I was 
in the military and I was young and didn't understand. 

What I had at the time, year after year, I realize what I had and want it back; 
give me that chance.  I have valuable training that could still come to great 
use. 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

AIR EDUCATION AND TRAINING COMMAND 
ALTUS AIR FORCE BASE. OKLAHOMA 73523 

MEMORANDUM FOR 

SUBJECT:  Notification Letter 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary infractions.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my  recommendation is approved, 
your service will be characterized as honorable or general.  I am recommending that your service be characterized 
as general. 

2.  My reasons for this action are: 

a.  On or about 17 September 1996, you did, with intent to deceive, make to your First Sergeant, an 
official statement to the effect that you did not have a young lady in the dormitory room with you and that 
-' had not been with you the previous night, which statement was totally false, and was then 
known by you to be so false.  Additionally, on or about 17 September 1996, you were derelict in the performance of 
those duties in that you willfully failed to refrain from having a female in the dormitories that was not a family 
member and who was under the age of  18.  For this misconduct, you received an Article 15 which was placed in 
your Unfavorable Information File. 

b.  On or about 9 September 1996, you failed obey a lawful order from the First Sergeant to report your 
new address and phone number to your Orderly Room for the Alpha Roster.  You received a Letter of Reprimand 
which was placed in your existing Unfavorable Information File. 

c.  On or about 7 September 1996, you were not available for service calls while on standby for Zone 2. 

You received a letter of reprimand which was placed in your existing Unfavorable Information File. 

d.  On or about 6 September 1996, you were involved in a confrontation with the Altus City Police which 
led to your arrest for public intoxication.  You  received a Letter of Reprimand which was placed in your existing 
Unfavorable Information File. 

e.  On or about 5 September 1996, you failed to return from an appointment at 1300 at the Behavioral 

Health Clinic which lasted until  1445.  For this misconduct, no action was taken. 

f.  On or about 3 July 1996, you violated Article 86 of the UCUT by  arriving two hours late for work.  You 

received a Letter of Reprimand. 

g.  On or about 29 June 1996, you failed to respond to a standby call after being paged by the Fire 

Department.  You received a Letter of Counseling. 

h.  On or about 8 May  1996, you wrote a dishonorable check for the amount of $17.30 at the Altus Air 

Force Base Commissary.  For this misconduct, you were verbally counseled. 

i.  On or about 22 April  1996, you violated Article 92 of the UCUT by failing to obey a lawful regulation 

by using your Government American Express card while not being TDY.  You received a Letter of Reprimand 
which was placed in your Unfavorable Information File. 

j.  On or about 22 April.lr36, you ,violated Mi'cle  134 df the UCMJ for &nting numerous dishonorable 

checks.  You received a Letter of Reprimand which was placed in your Unfavorable Information File and you were 
placed on the Control Roster. 

k.  On or about 19 April 1996, you abused your privilege to perform aerobics between  1530 and 1630. 

Instead you went to your dorm room.  You received a Letter of Counseling. 

1.  On or about 15 April  1996, you violated Article 134 of the UCMJ by writing several checks without 

having suilicient funds. You  received a Letter of Reprimand, a Memorandum For Record, and received a written 
order to surrender you checking account to your First Sergeant. 

m.  On or about 28 December 1995, you were late for work.  You received a Letter of Counseling. 

?* 

n.  On or about 23 October 1995, you were late for work.  You received a Letter of Counseling. 

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 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 and any special pay, bonus, or education 
funds may be subject to recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I have made an 
. You may 
appointment for you to consult Captai-at 
consult civilian counsel at your own expense. 

Building 45 on  2. 0 CT 

1 3 3 0 

b  at 

4.  You have the right to submit statements in  our own behalf.  Any statements you want the separation authority 
0 5  OCT  696 
to consider must reach me by 
unless you request and receive an extension for good cause 
shown.  I will send them to the separation authority. 

5.  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 must report to the base hospital, physical exams, at 
r"1.30 

on  3  (?e* 

PL 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A copy of AFI 36-3208 
is available for your use in the unit orderly room. 

8.  Execute the attached acknowledgment and return it to me immediately. 

Atchs 
1.  Supporting Documents 
a.  Article 15, dtd. 19 Sep 96 
b.  LOR, dtd. 9 Sep 96 
c.  LOR, dtd. 9 Sep 96 
d.  LOR, dtd. 9 Sep 96 
e.  Letter, dtd 9 Sep 96 
f. LOR, dtd 3 Jul96 
g.  LOC, dtd 1 Jul96 
h. Letter, dtd 8 May 96 
i.  LOR, dtd 23 Apr 96 
j.  LOR, dtd 22 Apr 96 

,

*

 

k. LOC, dtd 22 Apr 96 
1.  LOR, dtd 17 Apr 96 
m. LOC, dtd 28 Dec 95 
n.  LOC, dtd 23 Oct 95 
2. Airman's Acknowledgment