NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

--  

- - 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

1  A l C  

1  AFSNISSAN 

MEMBER SITTING 

1 

I 

I  TAPE RECORDING OF PERSONAL APPERANCE 

I 

BEARING DATE 

13 Nov 2003 

CASE NUMBER 

FD-2003-00245 

Case heard at Washington, D.C. 

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

*Change reason and authority to secretarial authority. 

TO: 

/ 

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

SECRETARY OF THE AIR FORCE PEARSONNEL COUNCK 
AIR FORCE DISCHARGE  REVIEW BOARD 
I535 COMhlAND D K  EE WISG. 3RD FLOOR 
ANDKEWS IFB. .\ID 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-2003-00245 

GENERAL:  The  applicant appeals for upgrade  of discharge to honorable and to  change the  reason and 
authority for the discharge. 

ew Board (DRB) at Andrews AFB, MD, on November 13, 
f the American Le  ion.  Also  resent as witnesses for the 

ife, and m a former co-worker. 

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  the  applicant  substantiates an 
inequity  or  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 contends discharge was inequitable because it was based primarily on his unsatisfactory 
progress in the Weight Management Program (WMP), which, in and of itself, cannot be used as the basis for 
a  pattern  of  misconduct.  The  records  indicated  the  applicant  received  an  Article  15,  six  Letters  of 
Reprimand, and two Letters of Counseling; however, all but  one of these (a LOR for dereliction of duty in 
that he, as barracks bay  chief, failed to post  a bay  orderly schedule) occurred during the  six month period 
after the applicant was returned from Airman Leadership School for reporting overweight and his subsequent 
discharge for misconduct.  Additionally, all but two of these (one for failure to obey a lawful order and one 
for being intoxicated) were for WMP related incidents. Applicant stated that his unit did not weigh him prior 
to his departure for Airman Leadership School and that the school did not  do a body fat measurement.  He 
further stated that there was a marked change in his unit's attitude towards him after his return, that he was a 
marked man and every little event was documented. The Board took note that in only one of the LORsILOCs 
given to the applicant during this six month period was he given the opportunity to offer a formal rebuttal. 
The applicant took full responsibility for his actions and stated that he just basically gave up once his unit's 
attitude changed towards him.  Since his separation, he has become involved in his community and has done 
quite well  in the  private  sector, rising to the  rank  of  Lieutenant in  his  civilian job.  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 for 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 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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rect?,d a GEN Disch fr USAF 14 Oct 92 UP AFR 39-10, 
para 5-47 (Misconduct -  A ~atterh of Misconduct).  Appeals for Honorable Disch. 

Ju 

t 

6 

2.  BACKGROUND: 

a. DOB: 27 Mar 70.  Enlmt Age: 17 2/12.  Disch Age: 22 6/12. Educ: HS DIPL. 
AFQT: N/A.  A-65,  E-62,  G-62,  M-52. PAFSC: 81152 -  Law Enforcement Specialist. 
DAS: 24 Jun 88. 

b.  Prior Sv:  (1) AFRes 26 Jun 87 -  11 Dec 87 (5 Months 16 Days) (Inactive). 

(2) AFRes 9 Jan 88 -  24 Jan 88 (16 Days) (Inactive). 

all AMS.  AMN -  (APR Indicates) :  25 Jan 88 -  24 Jan 89.  A1C -  (EPR Indicates) : 
24 Jan 89 -  24 Sep 89.  SRA -  25 Jan 91.  APR: 9.  EPRs: 3,3. 

(3) Enld as AB 25 Jan 88 for 4 yrs.  Svd: 3 Yrs 4 Mos 10 Das, 

3.  SERVICE UNDER REXIEW: 

a.  Reenld as SRA 4 Jun 91 for 4 yrs. Svd: 1 Yr 4 Mos 11 Das, all AMS. 

b.  Grade Status:  A1C -  17 Jun 92 (Article 15, 17 Jun 92) 

c.  Time Lost:  None 

d.  Art 15's:  (1) 17 Jun 92, Bolling AFB, DC -  Article 86.  You did, on 
or about 20 May 92 and on or about 29 May 92, without 
authority, fail to go at the time prescribed to your 
appointed place of duty.  Reduction to AlC, suspended 
forfeiture of $521.00 pay per month for 2 months, and 14 
days extra duty.  (No appeal) (No mitigation) 

e.  Additional: LOR, 11 SEP 92 -  Failure to meet weight management 

standards. 

LOR, 09 SEP 92 - Drinking excessive amount of alcohol 

that caused vomiting of blood and to be 
hopitalized. 

LOCI 22 AUG 92 -  Failure to comply with weight management 
standards and missing exercise classes. 
standards . 

LOR, 19 JUN 92 -  Failure to meet weight management 

LOR, 05 MAY 92 -  Failure to meet weight management 

LOC, 04 MAY 92 -  Failure to obey a lawful order and 

dereliction of duty. 

standards. 

LOR, 25 MAR 92 -  Violation of Air Force standards by 

reporting to PME in overweight status. 

LOR, 28 OCT 91 - Dereliction of duty. 
LOR, 07 DEC 90 -  Failure to report for flu shots as 

directed. 

f.  CM:  None. 

g.  Record of SV: 27 Jul 90 -  26 Jul 91  Bolling AFB  3  (Annual) 
27 Jul 91 -  26 Jul 92  Bolling AFB  2  (Annual) 

(Discharged from Bolling AFB) 

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

i.  Stmt of Sv:  TMS:  (5) Yrs  (2) Mos  (22) Das 
TAMS:  ( 4 )   Yrs  (8) Mos  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 11 May 03. 

(Change Discharge to Honorable) 

Issue 1:  I received a letter of reprimand in a previous enlistment that was 

used as a part of my discharge. 

Issue 2:  Six of the infractions are related to weight management.  I 

believe weight management issues are not considered misconduct. 

Issue 3:  I received an honorable discharge from my previous enlistment just 

one year prior to my discharge. 

ATCH 
1. Applicant's Letter. 
2. Military Records. 
3. Certificates and Letters. 

20 Jun 03/cr 

DEPARTMENT O F  T H E  AIR F O R C E  

HEADQUARTERS  1 1 0 0 T H  AIR B A S E  G R O U P  (AFDW) 

BOLLlNG A I R  F O R C E  B A S E  DC 20332-5000 

Ffl;raQ3-801q5 

REPLY TO 
ATTNOF: 

1100 SPS/CC 

SUBJECT: 

Notlf ication Letter 

1.  I am recommending your discharge from the United States Air Force for 
Pattern of Misconduct.  The authority for this action is AFB 38-10, section H, 
paragraph 5-47.  If my  recommendation is approved, your service will be 
characterized as Honorable or Ueneral.  I am recommending that your service be 
characterized as Oenerpl. 

2 .   My  reasons for this action are: 

a.  On or about 8 Sep 92, your Body Fat Measurement  (BFM) was evaluated 

IAW AFH 35-11.  Your BFM increased from 20 to 24 percent, your third failure 
For this you received an LOR, dated 11 Sep 92. 

b.  On or about 29 Aug  82, you became go intoxicated you began vomiting 

blood, resulting in your being hospitalized.  Investigation revealed your 
excesaive consumption of  alcohol contributed to your illnes~. For this you 
received an LOR, dated 9 Sep 92. 

c.  Since your enrollment in the WMP,  2 Apr  92, your attitude at best has 

been poor  towards AF Standards, to wit your inability to comply with standards 
ai weight, and missing several Weight Management Program classes.  FOP this 
you received an LOC, dated 22  Aug  82. 

d.  On or about 4 Jun 92, your Body Fat Measurement (BFM) was evaluated 

IAW AFH 35-11.  Your BFM increased from 22 to 24 percent, your second iailure. 
For this you received an LOR, dated 19 Jun 92. 

e.  On or about 20 May  and on or about 29 May 82, without authority! fail 

to go  at the time prescribed to your appointed place of  duty.  For this you 
received an Article 15, dated  19 Jun 92. 

f.  On or about 4 May 82, your Body Fat Measu~lement (BFM) was re-evaluated 

and you were found to be  two percent above your BFM.  For this you received 
an LOR, dated 5 May 82, and an Unfavorable Information File Action  (AF Form 
10581, dated 12 May  82. 

g .   On or about 3 May 92. !*:h5le  on duty you were found to be in Blanchard 

Barracks, after you he3  Seen 'counseled that only personnel on diiicial 
business condt,~+ii-tg iacility walk-throughs, would be in the dorm.  For this 
you recelnre an LuC,  dated 4 May 82, and an Unfavorable Information File 
A1  5 .  ' -5,un  (AF Form 10581, dated 20 May 82. 

h.  On or about 23 Mar 92, you reported to Airman Leadership School, a 

Professional Military Education Course, in violation of  Air Force Standards. 
For this you received an LOB, dated 25 Mar 02, and an Unfavorable Information 
File, 2 Apr 02. 

i.  On or about 23 Oct 81, you were derelict in your duty.  For this you 

received an LOR, dated 28 Oct 91. 

. 

During the months of Oct and Nov 90, you were derelict in your duty. 

For this you received an LOR, dated 7  Dec 90. 

,Sopies 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 Fo11ce and, i f  you are diaeharged, how your service will 
be characterized.  If you are discharged, you will be  ineligible for 
reenlistment in the Air Force. 

3.  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 
C_g~ttat Andrews AFB, Building ItZQ, on 23-Sep Q2L at lQZQ, 
You may consult civilian counsel at your own expense. 

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 
23 Sep Q2 (3 working days) 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 

21 Seg Q2 for the examination. 

Act statement as explained ~ ~ - A F B  
available for your use in your unit orderly room, BLDO P-21. 

furnish in rebuttal is covered by  the Privacy 
30-10, attachment 8 .   A copy O ~ A F R  39-10 is 

hed acknowledgment and return it to me  immediately. 

Commander