4 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE 

I 

PERSONAL APPEARANCE 

GRADE 

A1 C 

AFSNISSAN 

X 
- -  

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

ISSUES 

INDEX NUMBER 

A67.10 

HEARING DATE 
19 A u ~  2003 

CASE NUMBER 
FD-2003-00223 

1  I  ORDER APPOINTING  THE BOARD 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPERANCE 

*  Change Reason and Authority to: Adjustment Disorder 

+  Change Reason and Authority to: Secretarial Authority  SPD: JFF 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

550 C STREET 
RANDOLPH A 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCEARGE REVIEW BOARD 
I535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00223 

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. 

FINDINGS:  The Board grants the requested relief. 

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety 
that would justify a change of discharge.  However, based upon the record and evidence provided by applicant, 
the Board finds the applicant's  reason and authority for discharge inequitable. 

Issue.  Applicant infers discharge was inequitable because it was too harsh.  He also contends a connection 
between asserted medical conditions and his discharge.  The records indicated the applicant received three 
Letters of Reprimand and two Air Education and Training Command Forms 173, "Student Record of 
Academic/Nonacademic Counseling."  His misconduct included failing to correct his homework as directed, 
failing to safeguard his room key, being late, smoking in uniform, and failure to wear his uniform when 
required.  These incidents all occurred within a 6-week period.  The record reflects member was "washed 
back"  in technical training several times, some related to his misconduct, others apparently related to medical 
conditions, although the direct connection was not apparent through review of the medical records. 
Nevertheless, 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, and 
change of reason and authority for the discharge.  Specifically, while the Board did not condone member's 
misconduct, the Board did find the characterization of the discharge was too harsh. 

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 the reason  for the discharge is more accurately  described 
as  Secretarial  Authority.  The  applicant's  characterization  and  reason  for  discharge  should  be  changed  to 
Honorable and 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 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 29 Jan 03 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 5 Apr 83.  Enlmt Age: 18 7/12.  Disch Age: 19 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-84,  E-77,  G-80,  M-78. PAFSC: 2A313B -  Tactical Aircraft 
Maintenance Helper. DAS: 10 Jun 02. 

b.  Prior Sv:  (1) AFRes 15 Nov 01 -  22 Apr 02 (5 months 8 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  23 Apr 02 for 6 yrs. Svd: 0 Yrs 9 Mo 7 Das, all AMS. 

b.  Grade Status:  A1C -  7 Jun 02 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 24 OCT 02 -  Failure to wear appropriate uniform while 

assigned to Phase I. 
LOR, 10 OCT 02 -  Smoking in uniform. 
AETC 173, 9 OCT 02 -  Late for duty. 
LOR, 11 OCT 02 -  Failure to safeguard room key. 
AETC 173, 12 SEP 02 -  Failure to obey by failing to correct 

previously assigned homework. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Sheppard AFB) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (1) Yrs  (2) Mas  (15) Das 
TAMS:  ( 0 )  Yrs (9) M0s  (7) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Apr 03. 

(Change Discharge to Honorable) 

Issue 1:  I believe my discharge was due to my inability to continue working 

because of a waiver, recieved  (sic) to me 
07 Jan 03, because the discharge emediate 
and there were NO misconduct reports almost 3 months prevouse  (sic) to 
discharge.  I feel my discharge was due to a overlook  (sic) in the prosses 
(sic).  And I feel I served my country very honorably.  If loosing (sic) a room 
key and smoking in uniform can label me with a record of misconduct, after not 
even a speeding ticket as a civilian.  I think my case deserves a closer look 
into the medical aspect.  Thank you. 

n the date of 
ty restrictions 

ATCH 
None. 

DEPARTMENT OF THE AIg  FORCE 

AIR EDUCATION AND TRAINING Clf)M?iGAXS 

VAN 6 2  Zoo3 
. . - 
: ",.. 

- ,  .. 
.. 

. I .  

MEMORANDUM FOR A1 

FROM:  362 TRSICCQ 

SUBJECT:  Notification Memorandum 

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

2.  My reasons for this action are: 

a.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on 

or about 23 Oct 02, were derelict in the performance of those duties in that you failed to wear 
appropriate military uniform while assigned to phase I, as it was your duty to do.  For this 
misconduct you received a Letter of Reprimand (LOR) on 24 Oct 02. 

b.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on 

or about 8 Oct 02, were derelict in the performance of those duties in that you failed to refiain 
from smoking while in uniform, as it was your duty to do.  For this misconduct you received an 
LOR on 10 Oct 02. 

c.  You did, at or near Sheppard AFB TX, on or about 8 Oct 02, without authority, fail to 
go at the time prescribed to your appointed place of duty, to wit:  formation.  For this misconduct 
you received an AETC Form 173, Student Record of Academic/Nonacademic Counseling and 
Comments, on 9 Oct 02. 

d.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on 
or about 4 Oct 02, were derelict in the performance of those duties in that you failed to safeguzkd 
you room key, as it was your duty to do.  For this misconduct you received an LOR on 11 Oct 02. 

e.  You, having knowledge of a lawful order issued by T S ~ ~  

-to 

wit: an order 

which was your duty to obey, did, at or near Sheppard AFB TX, on or about 12 Sep 02, failed to 
obey the same by failing to make corrections to your previously assigned home work.  For this 
misconduct you received an AETC Form  173 on 12 Sep 02. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction  or higher authority 

~272&33-e32l3 

JAN  2 2  2033 

/ 

will decide whether you mi!:  5s discharged or retained in tks Air Force and, if you are discharged 
how your service will be characterized.  If yfiu at:  discharged, you will be ineligible for 
reenlistment in the Air Force fici,will  probably be denied enlistment in any component of the 
armed forces.  Any special pay, bonus, or education assistance funas may be subject to 
recoupmeni. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
1638 on JBN  2 4  7003 
I have made an appointment for you to consult ~

~

d

i

u

i

l

O q m   . You may consult civilian counsel at your own expense. 

i

n

 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by '&&j' 
receive an extension for good cause shown.  I will send them to the separation authority. 

unless you request and 

2 7 

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 82d Medical 
Group, Bldg 1200, Physical Examinations, at  I500 hrs 

on  21 T&IJ 6 3   . 

7.  Any personal information you fbmish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208, is available for your use in the Commander's Support Staff Office. 

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

Squadron Section, Commander 

' 

Attachments: 
1. LOR, 24 Oct 02 
2.  LOR,  10 Oct 02 
3. AETC Form  173,9 Oct 02 
4.  LOR, 11 Oct 02 
5. AETC Form  173, 12 Sep 02 
6. Memo, 8znd MDOSISGOHO Memo,  16 Oct 02 
7. AETC Form  125A, 14 Jan 03. 
8.  Student Training Report, 02006 
9. AETC Form 173,24 Jul02 
10. Lackland AFB Form 205,7 Jun 02 
1 1. Airman's Receipt of Notification Memorandu