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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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(  AFSNISSAN 

TYPE 

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No 
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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

RECORD REVIEW 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

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VOTE OF THE BOARD 

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(  INDEX NUMBER 

A49.00 
A67.90 

HEARING DATE 
28 Oct 2003 

CASE NUMBER 
FD-2003-00272 

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I Case heard at Washington, D.C. 

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I  ORDER APPOMTMG THE BOARD 
APPLlCATlON FOR REVIEW OF DISCHARGE 

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3  1  LETTER OF NOTlFlCATlON 
4  1  BRIEF OF PERSONNEL FILE 

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COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL  APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE 

I 

APWCANT'S ISSUE AND THE BOARD'S DECISiONM RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REMEW BOARD DEClSlONAL RATl0NN-E 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

TO: 

I 

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

AFHQ FORM 0-2077, JAN 00 

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 

I 
(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00272 

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 denied. 

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. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  He believes he should have 
been  separated due to failure in the Career Development  Course and not for a pattern of misconduct.  The 
records indicated the applicant received  an Article  15 for being derelict in the perfonnance of his duties in 
that  he  willfully  failed  to  refrain  from  consuming  alcohol  within  8 hours  of reporting  for duty,  and  with 
intent to deceive, made a false official statement that his vehicle had been stolen.  In addition, he received six 
Letters of Reprimand and one Letter of Counseling for failure to go on several occasions, failure to follow a 
General Order and dereliction of duty.  And, he did fail his End of Course Examination twice.  The failure of 
the Course Examination twice is grounds for dismissal.  However, when there is misconduct, as in this case, 
the  correct  characterization  of  a  General  Discharge  for  Unsatisfactory  Performance  and  a  Pattern  of 
Misconduct  is appropriate.  The  DRB  opined that  through  these  administrative  actions, the  applicant  had 
ample opportunities to change his negative behavior.  The Board concluded the misconduct was a significant 
departure from conduct expected of all military members.  The characterization of the discharge received by 
the applicant was found to be appropriate. 

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 16 Dec 02 UP AFI 36- 
3208, para 5.26.3 &  5.50.2 (Unsatisfactory Performance &  Pattern of Misconduct - 
Conduct Prejudicial to Good Order &  Discipline).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Aug 82.  Enlmt Age: 17 8/12.  Disch Age: 20 3/12. Educ: HS DIPL. 
AFQT: N/A.  A-77,  E-86,  G-84,  M-87. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 24 Feb 01. 

b.  Prior Sv: (1) AFRes 12 May 00 -  25 Sep 00  (4 months 14 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AJ3  26 Sep 00 for 6 yrs. Svd: 2 Yrs 2 Mo 21 Das, all AMS. 
b.  Grade Status:  AJ3  -  11 Sep 02 (Article 15, 11 Sep 02) 

A1C -  10 NOV 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 11 Sep 02, RAF Lakenheath, UK -  Article 92.  You, who 

knew of your duties, on or about 11 Aug 02, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcohol 
within 8 hours of reporting for duty, as it was your 
duty to do.  Article 107.  You did, on or about 11 Aug 
- 
02 and 
with intent to deceive, 
make t 
acting 
to wit: that your vehicle had been stolen, which 
statement was totally false, and was then known by you 
to be so false.  Reduction to AB,  suspended forfeiture 
of $250.00 pay per month for 2 months, and a reprimand. 
(No appeal) (No mitigation) 

a Se'curity Forces officer 
y, an official statement, 

e.  Additional: EOC, 08 AUG 02 -  CDC End of Course Examination failure. 

LOR, 11 JUL 02 -  Failure to go. 
LOR, 31 MAY 02 -  Late for work. 
LOR, 14 APR  02 -  Late for work. 
EOC, 12 APR 02 -  CDC End of Course Examination failure. 
LOR, 20 MAR 02 -  Failure to follow a General Order. 
LOR, 16 NOV 01 -  Dereliction of duty and false official 

statement. 

LOR, 13 NOV 01 -  Late for work. 
LOC, 23 SEP 01 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: 26 Sep 00 -  25 May 02  RAF Lakenheath  3  (Initial) 
26 May 02 -  15 Oct 02  RAF Lakenheath  2  (HAF Dir) 

(Discharged from Wright Patterson AFB) 

h.  Awards &  Decs:  NDSM, AFOSLTR, AFTR. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (7) Mos  (5) Das 

TAMS:  (2) Yrs  (2) Mos  (21) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 30 Jun 03. 

(Change Discharge to Honorable) 

Issue 1:  I was never notified of the actual reason for discharge to be 

printed on DD Form 214.  I was notified of discharge from the military due to 
failure to progress in my career status due to failure of the Career ~evelopment 
Course for my career field by my immediate commander during an appointment with 
him for the actual decision of separation.  Not for a pattern of misconduct for 
numerous pieces of paperwork recieved (sic) for being late for work and an 
Article 15 for an alcohol related incident. 

Issue 2:  I was told of the option that my commander had to give me an 

Honorable or General  (Under Honorable Conditions) discharge.  I was given the 
chance to present my opinion of what kind of discharge I thought I should 
recieve  (sic).  He made his decision and I was not notified in time to appeal to 
the next commander in my chain of command to recieve  (sic) a somewhat fair and 
unbias opinion. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

48TH FIGHTER WING (USAFE) 

MEMORANDUM FOR A 

FROM:  ~ ~ ' S F S I C C  

8 SFS 

'1 4  NOV 2002 

SUBJECT: Notification Memorandum 
1.  I am recommending your discharge from the United States Air Force for Unsatisfactory Performance - 
- Failure to progress in on-the-job training (OJT), and a Pattern of Misconduct - Conduct Prejudicial to 
Good Order and Discipline.  The authority for this action is AFPD 36-32 and AFI 36-3208, Sections 5E,.. 
and 5H, paragraphs 5.26.3 and 5.50.2, respectively.  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 Conditions (General). 

2.  My reasons for this action are: 

a.  On 26 Aug 02, you were notified that you failed your End-of-Course for the second time, as 

shown on the ECI Fonn 9, dated 8 Aug 02.  You scored 39; the Air Force minimum passing score is 65,). 

b.  On  17 May 02, you were notified that you failed your End-of-Course test for the first time, as . 

shown on the ECI Fonn 9, dated 5 Apr 02.  You scored 61; the Air Force minimum passing score is 65. 

c.  At or near RAF Lakenheath, UK, on or about 11 Aug 02, you, who knew or should have' 
known of your duties, were derelict in the performance of those duties in that you willfully failed to 
refrain from consuming alcohol within 8 hours of reporting for duty, as it was your duty to do.  For this 
you received Nonjudicial Punishment, dtd  11 Sep 02.  This action also resulted in an Unfavorable 
Information File (UIF) entry. 

d.  At or near RAF Lakenheath  UK  on or about 1 1 Aug 02 and on or about 12 Aug 02, you, with 
a Security Forces officer acting in his official capacity, 

intent to deceive, made to 
an official statement, to wit:  that your vehicle had been stolen, which statement was totally false, and 
was then known by you to be so false.  For this you received the same punishment as indicated in 
paragraph (c) supra. 

e.  At or near &W  Lakenheath, UK, on or about 28 Jun 02, you did without authority, fail to go 
at the time prescribed to your appointed place of duty, to wit:  the armory for guard mount.  For this you 
received a Letter of Reprimand (LOR), dtd  11 Jul02.  This action also resulted in a UIF entry. 

f.  At or near RAF Lakenheath, UK, on or about 3 1 May 02, you did without authority, fail to go 

at the time prescribed to your appointed place of duty at the appointed time.  For this you received an 
LOR, dtd 3 1 May 02.  This action also resulted in a UIF entry. 

UK, on or about 14 Apr 02, you having knowledge of a lawful 
acting in his official capacity as your supervisor, an order which 
the same by wrongfully arriving to work late.  For this you 

received an LOR, dtd  14 Apr 02.  This action caused a UIF to be established. 

h.  At or near RAF Lakenheath, UK, on or about 20 Mar 02, you failed to follow General Order 
#1 to protect property and personnel until properly relieved, by allowing a vehicle into a restricted area 
without being inspected.  For this you received an LOR, dtd 20 Mar 02. 

i.  At or near RAF Lakenheath, UK, on or about 16 Nov 01, you, who knew or should have 
. 

known of your duties, were derelict in the performance those duties in that you willfully failed to 

cklist, as it was your duty to do.  You also, with intent to deceive, made to 

Forces Mobility NCO acting in his official capacity, an official 
fill in the information on your checklist-someone  else did, which 

statement was totally false, and was then known by you to be so false.  For this you received an LOR, dtd 
16 Nov 01. 

j.  At or near RAF Lakenheath, LK, on or about 12 Nov 01, you did without authority, fail to go 

at the time prescribed to your appointed place of duty at the appointed time.  For this you received an 
LOR, dtd 13 Nov 01. 

k.  At or near RAF Lakenheath, UK, on or about 3 Sep 01, you did without authority, fail to go at 
the time prescribed to your appointed place of duty at the appointed time.  For this you received an LOC, 
dtd 23 Sep 01. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial 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 assistance funds may be subject to 
recoupment. 

4.  You have the right to consult counsel.  Military legal counsel- 
been obtained to assist you.  An appointment has been scheduled for you to consult them at 

bldg 948, ext 3608, has 

90 

\ 4 rJ 

. YOU may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the separation 
\ 4  (c) d OL  unless you request and receive an extension 
authority to consider must reach me by 
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, your failure will constitute a 
waiver of your right to do so. 

7.  You must report to the Physical Exam section at the 48th Medical Group between 1300-1400 hrs 
Monday thru Thursday.  At this time, an appointment at Family practice will be scheduled for you.  If 
you wear eyeglasses, you must bring them with you.  If you are unable to make any of your scheduled 
appointments, you must contact the First Sergeant immediately. 

8.  The Privacy Act Statement covers any personal information you furnish in rebuttal.  A copy of AFI 
36-3208 is available for your use in your unit orderly room. 

9.  The separation authority will make the findings and recommendation required under  10 U.S.C  2005 
(g>- 

10.  Execute the attached acknowledgement and return it 

Attachments: 
1.  Unsatisfactory Course Examination, dtd 8 Aug 02 
2.  Commander's Evaluation, dtd 17 Jun 02 
3.  Unsatisfactory Course Examination, dtd 5 Apr 02 
4.  Commander's Evaluation, dtd  17 Sep 02 
5.  Classification/On-The-Job-Training Action, dtd  1 Oct 02 
6.  AF Form 3070, dtd 11 Sep 02 
7.  LOR, dtd 1 1 Ju102 
8.  LOR, dtd 3 1 May 02 
9.  LOR, dtd 14 Apr 02 
10.  LOR, dtd 20 Mar 02 
11.  LOR,dtd  16Nov01 
12.  LOR, dtd 13 Nov 0 1 
13.  LOC, dtd 23 Sep 01