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I  \ \JIIC  OF SLK\'ICE  I\IEi\lBEK (I,.AS-I'.  FIKST hllDV1.C:  INITI.\L) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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MEMBER SITTING 

A67. I 0  

/  18 Nov 2003 

1  FD-2003-00255 

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APPLIC4NT'S ISSUt AND  THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATXACSED AIR FORCESISCHARGE R Z W W  @4RD  DECZSIWAL MTiONALE 

I Case heard at  Washington,  D.C. 

Advise applicant o f  tlie decision o f  the Board,  the right to a persorial appearance witli/without  counsel,  and tlie right to 
submit an application to tlie AFBCMR 

INDORSEMENT 

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I  FROM: 

SF.CU~T \RI  OF  rnf  \IR  FOR(  E P E H S O \ ~ L L ( O I  hc IL 
AIR *OR(  F DlSClIiWGE WE\  IE\\  BOARD 
1535 COMhlAHD DR. FE UlSG.3RD  FLOOR 
ASDRE\\S  AFB. hlD 20762-7002 

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AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

(;  R:i  D E 

.AFSNISS.ih 

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RECORDREVIEW 

ADDRESS AND OR O R G A N I Z T I O N  OF COI'NSEL 

VOTE DA THE BOARD 

EXHIBI'I'S  SI'BMI'TTED  TO THE BOARD 

ORDER API'OINTINC;  'THE BOARD 
APPLICATION  FOR u r v l l r w  ot DISCIIAKGI: 

1 
2 
3  1  LEI7 EK OF NOI~IFICATION 
4  (  BRIEF OF PI'RSONNEL  FILE 

C'OllNSCl-'S  REL.EASE  1.0 'TIiH BOARD 
AI>I>I~I~IONAI. EXHIBITS SUBMITTED A T  1'IME 01' 
PERSONAL APPEARANCE 

I  TAPE RECOKDlNCi 01: PERSONAL. APPERANC'tr 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NC  hlRER 

FD-2003-00255 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, change of reason for 
discharge and change of reenlistment eligibility code. 

The applicant appeared and testified before the Discharge Review Board (DRB). with counsel, at 
Andrews AFB.  MD on November  18,2003. 

The following additional exhibits were submitted at the hearing: 

d *  

Exhibit 6: Letter of recon~mendation from NC A&T University 
Exhibit 7: Letter of reference from Bennett  College 
Exhibit 8: Character reference letter 
Exhibit 9: Police report 

FINDINGS:  Upgrade of discharge is denied. 

The Board finds that neither evidence of record  nor that provided  by the applicant substantiates an inequity 
or impropriety that  would justify  a change of discharge. 

ISSUES:  The applicant's  issues are listed  in  the attached  brief and contends his discharge was too harsh  for 
the record  of misconduct, characterizing many of the incidents of misconduct as trivial.  He also contended a 
hostile  work  environment was created  by  his supervisor.  The applicant requests  ~~pgrade of his discharge in 
order  to  reenter  the  Armed  Services.  1-he applicant  was  discharged  with  an  under  honorable  conditions 
(general) discharge for minor disciplinary  infractions  after 9 months and  13 days of service.  The member 
received  two  Articles  15  and  a  vacation  action  for  fraudulently  charging  long  distance  phone  calls  to  his 
roommate's  telephone account, dereliction of duty. and failure to obey orders.  He also received  6 Letters of 
Counseling  and  one  Letter  of  Reprimand  for  failure  to  appear  in  civilian  court,  driving  without  a  valid 
driver's  license.  financial  irresponsibility,  failure  to  go,  unsatisfactory  duty  performance,  and  disrespect  to 
superiors. 
After evaluating the evidence of the record and the applicant's  testimony The Board did not conclude that 
the misconduct  was trivial and did not find convincing evidence of a hostile work environment. 
The applicant  requested  a second chance to serve  based  on the  change  in  his character since discharge and 
the  DRB  was  impressed  with  the  applicant's  post  service  educational  accomplisl~ments.  However.  no 
inequity or impropriety in his discharge was found in the course of the hearing. 

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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 31 Mar 98 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge and to Change the RE Code. 

2.  BACKGROUND: 

a. DOB: 31 Jul 79.  Enlmt Age: 17 5/12.  Disch Age: 18 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-49,  G-50,  M-21. PAFSC: 1C032 -  Operations Resource 
Management. DAS: 18 Sep 97. 

b.  Prior Sv:  (1) AFRes 31 Dec 96 -  18 Jun 97 (5 months 19 days) (Inactive). 

a.  Enlisted as A1C 19 Jun 97 for 4 yrs. Svd: 0 Yrs 9 Mo 13 Das, all AMS. 

b.  Grade Status:  AB  -  20 Mar 98 (Article 15, 20 Mar 98) 

AMN -  9 Feb 98 (Article 15, Vacation, 13 Mar 98) 

c.  Time Lost:  None. 

(Examiner's Note:  The following Article 15s were completed out of 

sequence; however, the date of rank to AB  of 20 Mar 98 
is correct) . 

d.  Art 15's:  (1) 20 Mar 98, Pope AFB, NC -  Article 92.  You did, at or 

near San Antonio, Texas, on divers occasions between on 
or about 9 Nov 97 and on or about 4 Jan 98, with intend 
to defraud, falsely pretend to American Telephone and 
Telegraph Company that certain long distance calls were 
properly billable to 
Pope AFB, NC, then 
knowing that the pretenses were false, and by means 
thereof, did, wrongfully obtain from American Telegraph 
Company long distance telephone services, of a value of 
about $796.82.  Suspended reduction to Amn.  Suspended 
forfeiture of $350.00 pay per month for two months. 
Thirty days restriction, and 30 days extra duty. 
(No appeal)  (No mitigation) 

(2) 13 Mar 98, Vacation, Pope AFB, NC -  Article 92.  You, 

who knew of your duties at or near Building 397, 
Maverick Street, Pope AFB, NC, from on or about 14 Feb 
98 to on or about 16 Feb 98, were derelict in the 
performance of those duties in that you failed to 

complete the tasks that you were given as it was your 
duty to do.  Reduction to Airman.  (No appeal) (No 
mitigation) 

(3) 9 Feb 98, Pope AFB, NC -  Article 134. 
knowledge of a lawful order issued by 
not to drive your vehicle while under a suspended 
license, an order which it was your duty to-obey, did, 
on or about 13 Mar 98, fail to obey the same by driving 
under suspended license.  Reduction to AB.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 09 MAR 98 -  Failure to appear in court, failure to 
notify supervisors of suspended drivers 
license, and driving without a license. 

RIC, 04 MAR 98 -  Unsatisfactory duty performance. 
RIC, 21 JAN 98 -  Failure to obey a lawful and direct order, 

RIC, 14 JAN 98 -  Financial irresponsibility, tardiness, and 

disrespect to superiors, and lying. 

LOCI 27 OCT 97 -  Dereliction of duty. 
RIC, 20 OCT 97 -  Failure to obey a lawful and direct order. 

violation of uniform standards. 

f .  CM:  None 

g.  Record of SV: None. 

(Discharged from Pope AFB) 

h.  Awards &  Decs :  AFTR. 

i.  Stmt of Sv:  TMS: (1) Yrs  (3) Mos  (1) Das 

TAMS: (0) Yrs  (9) Mos  (13) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 29 May 03. 

(Change Discharge to Honorable, and Change the RE Code.) 

Issue 1:  I am trying to have my RE Code changed to a reentry code that 

would allow me to go into the U.S. Army. 

Issue 2:  Commander stated that at the time he did not know the code would 

keep me from reentering armed forces, discharge will allow me to go back in, 
however RE Code will not. 

ATCH 
1. DD Form 149. 
2. Congressional Correspondence. 
3.. DD Form 214. 
4. Copy of Discharge Correspondence. 

' 

'DEPARTMENT OF 'THE  AIR  FOR& 

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HEADQUARTERS 43D AIRLIFT WING (AMC) 
POPE AIR FORCE BASE NORTH CAROLINA 

MEMORANDUM FOR AO 

FROM:  43 OSSICC 

SUBJECT: Notification Memorandum 

c7rnr~ 9 5  

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.  The most 
severe type of discharge authorized in this case is an under other than honorable conditions discharge.  I 
am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 13 Mar 98, you having knowledge of a lawful order issued b 

t to 

drive your vehicle while under a suspended license, an order which it was your duty to obey, did 
at or near Pope AFB, NC, fail to obey the same by driving under suspended license as documented 
by an AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 20 Mar 98. 

b.  Between on or about 14 Feb 98 and on or about 16 Feb 98, you who knew of your duties at or near 
Bldg 397, Maverick Street, Pope AFB, NC, were derelict in the performance of those duties in that 
you failed to complete the tasks that you were given as it was your duty to do as documented by 
an AF Form 366, Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, dated 
13 Mar 98. 

c.  On 9 Mar 98 it was brought to the 43 OSSICCF's attention that your NC driver's license was 

suspended indefinitely for failure to appear in court.  Also, you failed to report this action to your 
supervisor and the 43 OSSICCF as documented by a Letter of Reprimand, dated 9 Mar 98. 

d.  On or about 4 Mar 98, you were derelict in the performance of your duties by failing to adequately 

perform your duties, as documented by an AF Form 174, Record of Individual Counseling, dated 
4 Mar 98. 

e.  Between on or about 9 Nov 97 and on or about 4 Jan 98, you did, on divers occasions, at or near 
San Antonio, TX, with intent to defraud, falsely pretend to AT&T that certain long distance calls 
were properly billable t- 
false, and by means thereof, did, wrongfully obtain from AT&T long distance telephone services, 
of a value of about $796.82 as documented by an AF Form 3070, Record of Nonjudicial 
Punishment Proceedings, dated 9 Feb 98, 

Pope AFB, NC, then knowing that the pretenses were 

f.  On or about 20 Jan 98, you were derelict in the performance of your duties by failing to vacate 
your dorm room and turn in your dorm room key as documented by an AF Form 174 Record of 
Individual Counseling, dated 21 Jan 98. 

A q C  - Global ?each  JOC  AmeCjcta 

g.  On or about 14 Jan 98, you were derelict in the performance of your duties as documented by an 

AF Form 174, Record of Individual Counseling, dated 14 Jan 98. 

, 

h.  On or about 23 Oct 97, you were derelict in the performance of your duties by failing to have your 

uniform in proper order as documented by a Letter of Counseling, dated 27 Oct 97. 

i.  On or about 17 Oct 97, you failed to obey a lawful order as documented by an AF Form  174, 

Record of Individual Counseling, dated 20 Oct 97. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The Wing Commander, who exercises 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. 

consult counsel.  Military legal counsel has been obtained to assist you.  Contact 

ension 4-2362) at the Area Defense Counsel's office immediately after being 
ion memorandum.  At that time an appointment will be scheduled for you to 
he Area Defense Counsel.  You may consult civilian counsel at your own 
does not pay expenses incident to the employment of civilian counsel.  Civilian 

counsel, if employed, must be readily available. 

5.  You have the right to submit a statement in your own behalf.  Any statements you want the separation 
authority to consider must reach me by Z'lrul~Mqba 08ol> unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

6.  If you fail to consult counsel or to submit statements in your own behalf in three days, your failure 
will constitute a waiver of your right to do so. 

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 at the orderly room. 

Attachments: 
1.  AF Form 3070, dated 20 Mar 98 
2.  AF ~ o r m  366, dated 13 Mar 98 
3.  LOR, dated 9 Mar 98 
4.  AF Form  174, dated 4 Mar 98 
5.  AF Form 3070, dated 9 Feb 98 
6.  AF  Form 174, dated 21 Jan 98 
7.  AF Form  174, dated 14 Jan 98 
8.  LOC, dated 27 Oct 97 
9.  AF Form 174, dated 20 0ct 97