I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

COUNSEL 

NAME O F  COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

X  RECORD REVIEW 
ADDRESS AND OR ORGANUATJON O F  COUNSEL 

YES 

I  NO 
X 

MEMBERS SITTING 

HON 

GEN 

UOTMC 

OTHER 

DENY 

VOTE OF THE BOARD 

X 
X 

X 
X 

X 

ISSUES 
A95.00 

HEARING DATE 
26 AUG 03 

INDEX NUMBER 
A67.10 

I 

CASE NUMBER 
FD2003-0259 

EXHIBITS SUBMITTED TO THE BOARD 

1  ORDER APPOINTING THE BOARD 
2  APPLICATION FOR REVIEW OF DISCHARGE 
I 3  /  LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
4 
COWSEL'S RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS  SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING  OF PERSONAL APPERANCE  HEARING 

APPLICANT'S ISSUE A N D  THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

REMARKS 
Case heard at Washington, D.C. 

Advise applicant of the decision  of the Board. 

- 

1 

SIGNATURE O F  RECORDER 

/ 

TO: 

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

lNDORSEMEhT 

FROM: 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

I 

DATE:  26 AUG 03 

SECRETARY OF THE AIR FORCE PERSONNEL C O W C I L  
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB,  MD 20762-7002 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00259 

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

The applicant was offered a personal appearance before the Discharge Review Board  (DRB) but declined to 
exercise this right. 

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

FINDINGS:  Upgrade of Discharge is granted. 

ISSUE:  The  Board  finds  the  applicant  submitted  no  issues  contesting  the  equity  or  propriety  of  the 
discharge, however, after a thorough review of the record, the Board  finds that the  applicant's  character of 
discharge and reason for discharge are inequitable.  The record indicates the applicant received an Article  15 
for willfully failing to maintain his dormitory room.  Me  also received a Vacation action under the UCMJ for 
failure to  go.  Additionally,  he  received  two  Letters  of Reprimand  for writing  rude  remarks  and  drawing 
certain parts of the anatomy and for failure to maintain his dormitory room in inspection order.  The Board 
did  not  condone  the  misconduct  and  thought  the  good  the  member  accomplished  while  in  the  service 
outweighed the bad. 

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 the 
applicant's  service is more accurately reflected by an Honorable discharge and the reason for the discharge is 
more accurately described as Secretarial Authority. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE RFVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA) (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 14 Oct 92 UP AFR  39-10, 
para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 21 Jul 66.  Enlmt Age: 20 9/12.  Disch Age: 26 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-14,  G-95,  M-35. PAFSC: 81150 -  Security Specialist. 
DAS: 29 Nov 90. 

b.  Prior Sv: (1) AFRes 25 Apr 87 -  12 Oct 87 (5 months 18 days) (Inactive). 

10 days, all AMS.  AMN-(APR Indicates) :  13 Oct 87-16 Nov 88.  AlC-(EPR 
Indicates): 17 Nov 88-28 Aug 89.  SrA -  13 Oct 90.  APRs: 9.  EPRs: 3,4. 

(2) Enlisted as AB  13 Oct 87 for 4 yrs.  Svd: 3 yrs 7 months, 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SRA 24 May 91 for 6 yrs. Svd: 1 Yrs 4 Mo 20 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 23 Sep 92, Kirtland AFB, NM  -  Article 134.  You did, 

from on or about 25 Jul 92 to on or about 9 Jul 92, make 
and utter to the Kirtland NCO Open Mess, six checks in 
the total amount of $300.00, for the purpose of 
obtaining cash, and did thereafter dishonorably fail to 
maintain sufficient funds in the -~rea 
Credit Union, for payment of such checks in full upon 
presentment for payment.  Further, you did, on or about 
4 Jul 92, make and utter to the Kirtland Bowling Center, 
a certain check in the amount of $25.00, for the purpose 
of obtaining cash, and did thereafter dishonorably fail 
to maintain sufficient funds in the -~rea 
Federal 
Credit Union, for payment of such check in full upon 
presentment for payment.  Fifteen days extra duty and a 
reprimand. (No appeal  (No mitigation) 

Federal 

(2) 03 Sep 92, Kirtland AFB, NM  -  Article 92.  You, having 

knowledge of a lawful order issued by Captain 
-to 
Aug 92, an order which it was your duty to obey, did, on 
or about 10 Aug 92, fail to obey the same.  Suspended 

have your dorm room in inspection order by 10 

reduction to AlC, and 15 days extra duty. (No appeal) 
(No mitigation) 

e.  Additional: LOR, 06 AUG 92 -  Financial irresponsibility. 

LOR, 28 JUL 92 -  Failure to obey an order and dereliction 

LOR, 17 MAR 92 -  Missed two dental appointments. 
LOR, 26 FEB 92 -  Failure to obey several lawful orders. 

of duty. 

f.  CM:  None 

g.  Record of SV: 29 Aug 90 -  28 Aug 91  Kirtland AFB  4  (Annual) 

29 Aug 91 -  28 Aug 92  Kirtland AFB  1  (AnnualIREF 

(Discharged from Kirtland AFB) 

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

i.  Stmt of Sv:  TMS:  (5) Yrs  (5) Mos  (20) Das 

TAMS:  (5) Yrs  (0) Mos  (2) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 24 Jun 03. 

(Change Discharge to Honorable) 

Issue 1:  This discharge was for minor infractions. 

Issue 2:  I believe that if I had been allowed to remain on active duty, I 

would have changed by  (sic) behavior and possibly made a career of the Air 
Force.  If I was given the opportunity, I would re-enlist right now. 

ATCH 
1. Applicant's Letter to the Air Force Discharge Review Board, 26 Jun 03. 
2. Character Reference. 

TO: SrA 

542d Sscur i ty 20: ice Sq~adrol: 

3  0 SEP  1992 

A .

 

Z 

331  recollul.;r?nd:r,g yc,~;r di scha.r(;;e frofi2 the V::l 
di scipi i~ary a\l+ions accor-in; to &q. 23- 
.
' ,.,, 
: zeu 

- 
p3i-ac; 
,
:hara<:er 
c:.aracc~rized  .IS  Genera; . 

25  r*nera  i . 

 3-46 . 

- .

 

- .  

,

,

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teci  States  Ai. r-  Force  for 
prov: si03:;  oOf 

i.;nder  t!,e 

I f   1r.y rei:ofi:~xenda~l j 12x1  1  ajq2roved;  your  SC: rvi ce 

. 
orl  1 .  :>(? 

. , -  

T  EG,  recoml~en~iilcj ti-id?  yr~ur  S ~ Z V ~ C ~  
!3~! 

2 .   1.Q'  reasocs for t h i s   clct icjn  a.re: 

a.  Ori 

2 3   Sep  92, yrx~ :ceceiveci an Artir'e - -  15 for  ~ i & i n g ,   p d ~ i n y ,  Or 
checks w i t h m t   suffic~ent funds on 25 :':m  92, 27 Jurl  92, 30  Jur!  92, 3 
, i L ~ e r i z g  
, & A  
,;u i "  92, '5  7~11 92, ?  ;xi  92, and 9 Ju!  9 2 .   As a result, you w e r ~  reprimanded 
and received 15 days eAtra duty. 

b. 

Oil  10  xt;q  3 2 ,   YOU failed to obey a l ~ \

? 

, q ~ ~ i

 order  to  have  YCJ~X 

aonxitory room ir!  inspection order.  AS a result,  yo^ received an Article  15, 
di3t:d  3 Sep 92, w, th a reduccion to E---3 w5ich was ~x!:.;$end,od x n t i  i  2 143:  93  arid 
15 Cays extra d ~ t y .  

c.  3ui-iny  the period of rla-yf  Slx:e,  and J:-ily 1932, you failed to pay your 
Eniisted Operi Mess Account.  As a. result, you received a Letter of  Reprimand, 
dated  6 Aug  92, for financial irresgansibility and a 'Jnfavorable  Information 
File (UIF) was estabiished. 

d.  Qri  24 Ail  92, you refused to comply c\ri th an order to lock and recheck 
the rear door of a peacekeeper vehicle which resulted in the extrelllely  unsafe 
opening  of  t2e  vehicle's  door  while  in  motion  during  adverse  wea.ther 
conditions.  As a result, you received a Letter of Reprimand, dated 28 221  992, 
for  f ai ?Isre to  9 k y  an order arid derel ict ion i n   the  performance  of  yxlr 
a;;: i es. 

e.  1 1   I?  ":~r 92, yo11 received a Letter of aeprirnand  for  failing  to 

relpr:  to two dental ap,rx>in~ments (27 Jan  92 and  3 Feb 9.2). 

f .  on 25 E'eh  92, you f;li .I ed  to obey severai j x w h l   orders, in that:  yc:: 
al l w e d  smokiny in a gaverm,ient vehi cl e, yo2 had unautnor i zes  read: ng marer i a l  
yoL!r  vehicle was dix:ty  inside and out.  hs  a r2silixi  y(:fi~ rpr::piv~d 
oil  post, 
a Letter of Reprima~ld, dated 26 E'eb 92, for failing to obey a lawfci order. 

- ,  

. 

, .  = ( - -  

. ,  

I 

r:;com,eniiat  ion 

Copies (35  trle  c?oc:nnerrts to be fo~warded to the separation authority in support 
of  thi 5 
SPC7.I 
or a higher a~tliority cvi 1 1  decide whether you will he  discharged 
- ,~;;.,.~,ction 
. 
or  :;.etainc?d ;i-i  the All:  Force and, i f   ~ O L :  are discharged ya:r  service wiil  be 
characterized  as General and  you will he ineligible for reenlistment  in  the 
A < -   -' 

at:ac:;>~?d.  The  cc11m.ander  arerc 1 *:I  ng 

rorce. 

You have th12 ri yht  to consult counsel.  Mi 1 i tary lecjai  counsei  has  Seen 
3 .  
obtained  to assist you.  I have made ar, appointment for you to  consult  Capt 
.  You  may 
Area Defense Counsel on  I O C T   92 
:-a.t 
consz:t  civilian counsel at your own expense. 

/ ( t irne)--- 1/00 

You  have  the  right  tosuIlsmit st.ztements  in  your  own  beha!f. 

Any 
, 
sta.temer.ts ycu  wa.nt the sej?aration a~thority to consider must  reach  me  by 
unless   yo^  request and receive an extension  for  good  cause 

5  0;'i  1992 

$hmrn.  1 w' L L L  I  send then? to the separation authority. 

5.  If you fail to consult c;ounsel or to subnit statenents- in your own behalf, 
yosr  failure wili constitute a waiver of your right to do so. 

\ 

6.  Yoc  have beeri scheduled for a ixedicai emininat ion.  You inus';  report  to 
Flight  Ftedicine  (2nd floor) at Kirtland AEB  Hospital at  --  '6 --  Oct -- - - 92J(time) 
0 7 l 5 .  

7.  Any ;oersonal information you furnish in rebuttal is covered 'by  the Privacy 
n  PZR  39-10, attachment 2.  A copy of AER  39-10 
he irnit Personnel Office. 

3  Atch 
.  Article 15, dtd 23 S e p   92, w/atch 
2.  Article 15, dtd 3 Sep 92 
3.  AF Form 1058,  UIF Action, dtd 7 Aug 92 
4.  Letter of Reprimand, dtd 6 Aug 92 
5.  Ltr of Xeprimand, dtd 28 Jul 92, w/atch 
6 .   Ltr of Reprimand, dtd 17 Mar 92, w/atch 
7.  Ltr of Reprimand, dtd 26 Feb 92 
8. Airman's  acknowledgment