YAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

ISSUES 

A92.35 

I  INDEXNUMBER 

~ 6 7 . 1 0  

HEARING DATE 
24 Sep 2003 

CASE NUMBER 
FD-2003-00297 

Case heard at Washington, D.C. 

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

TAPE RECORDING OF PERSONAL APPERANCE 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to 
submit an application to the AFBCMR 

TO: 

SAFIMRBR m 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

PROM: 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DlSCaARGE REVIEW BOARD 
1535 COMMAND DR. EE WMG, 3RD FLOOR 
ANDREWS AFB. MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00297 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change his reenlistment 
code. 

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: Upgrade of discharge and change of reenlistment code are 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 the discharge. 

Issues.  Applicant  was  discharged  for  misconduct, minor  disciplinary infractions.  He  had  four  AETC 
Forms  173,  "Student  Record  of  Academic/Nonacademic  Counseling  and  Comments,"  two  Records  of 
Individual  Counseling,  five Letters of  Reprimand, and an Article  15.  His misconduct  included technical 
training phase  violations such  as  smoking  in  uniform  and  failing  to  come to  class  prepared,  as  well  as 
failure to go, lying to  a noncommissioned officer, and falsifying a government document.  His Article 15 
was for a 5-day absence without leave (AWOL) after which he returned himself to military control, writing 
a  bad  check,  failing  to  pay  his  military  star  account,  and  soliciting  two  other  airmen  to  make  false 
statements.  The  Board  noted  that  applicant had  also  he  had  four  training  progress  check  failures  and 
objective failures, was put in the Commander's  Student Enrichment Program, and was washed back several 
times for both medical and academic reasons.  At the time of the discharge processing, member waived his 
right to consult counsel or to submit statements in his own behalf.  Applicant now contends he had no other 
incidents of misconduct other than the one AWOL, and that he never intended to remain absent.  The Board 
found  no  merit  in  this  contention, noting  member's  numerous  incident  of  misconduct  over  a  6-month 
period.  Furthermore, his misconduct was very serious and not compatible with Air Force standards.  The 
records indicate member was counseled repeatedly and given several opportunities to improve his behavior 
and was either unwilling or unable to do so.  The Board noted he was of the same age and maturity as most 
first-term airmen who abide by  Air Force standards, and there was no evidence he did not know right from 
wrong.  The Board  could  find no inequity or  impropriety in the  processing of his  case, and therefore  no 
justification to change his discharge. 

Applicant  cited  his  desire  to  return  to  military  service.  While  the  Board  commends  applicant  on  this 
aspiration, this is not relevant to the period of service under review and therefore, does not provide a basis 
for an upgrade. 

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 A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 23 Aug 02 UP AFI 36- 
3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for an 
Honorable Discharge and to Change the RE Code. 

2.  BACKGROUND: 

a. DOB: 17 Mar 83.  Enlmt Age: 18 1/12.  Disch Age: 19 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-70,  G-80,  M-76. PAFSC: 2A313B -  Tactical Aircraft 
Maintenance Helper. DAS: 28 Jan 02. 

b.  Prior Sv:  (1) AFRes 27 Apr 01 -  12 Dec 01  (7 months 16 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  13 Dec 01 for 6 yrs. Svd: 0 Yrs 8 Mo 11 Das, of which 

AMS is 8 months 6 days  (excludes 5 days lost time). 

b.  Grade Status:  AB  -  5 Aug 02 (Article 15, 5 Aug 02) 

A1C -  25 Jan 02 

c.  Time Lost:  19 Jun 02 thru 23 Jun 02  (5 days). 

d.  Art 15's:  (1) 5 Aug 02, Sheppard AFB, TX -  Article 86.  You did, on 
or about 19 Jun 02, without authority, absent yourself 
from your unit, and did remain so absent until on or 
about 24 Jun 02.  Article 92.  You, who knew or should 
have known of your duties, between on or about 16 Jun 02 
and on or about 18 Jun 02, were derelict in the 
performance of those duties in that you willfully failed 
to remain within the allowed mileage radius for Phase 
111, as it was your duty to do.  Article 134.  You did, 
on or about 9 Jun 02, make and utter to the Sheppard AFB 
Commissary a certain check, in words and figures as 
follows, to wit: check number 0083, in the amount of 
  $28.21, for the purchase of goods, and did thereafter 
dishonorably fail to place or maintain sufficient funds 
in the Fort Sill National Bank for payment of such check 
in full upon its presentment for payment.  You, being 
indebted to Military Star Program in the sum of $49.00 
for goods and services, which amount became due and 
payable on or about 17 Jun 02, did, from 18 Jun 02 to 16 
Jul 02, dishonorably fail to pay said debt.  You did, on 
or about 18 Jun 02, wrongfully solicit Airman Basic 

A n '

lse official statement, 
you were taking care of 

mitigation) 

your truck problems.  Reduction to AB, forfeiture of 
$350.00 pay, and a reprimand.  (No appeal) (No 

e.  Additional: LOR, 18 JUL 02 -  Failure to go. 

LOR, 15 JUL 02 -  Smoking in uniform. 
LOR, 16 JUL 02 -  Missed medical appointment. 
LOR, 03 JUL 02 -  Failure to go to mandatory appointment. 
LOR, UNDATED - 

Lying to an NCO and falsifying government 
documents. 

RIC, 18 MAR 02 -  Unprepared for class. 
RIC, 15 MAR 02 -  Late for duty. 
AETC 173, 11 JUN  02 -  Failed objective 15-a. 
AETC 173, 21 MAR 02 -  Failure of Progress Check 17a. 
AETC 173, 20 MAR 02 -  Failure of Block 11, objective 17a. 
AETC 173, 19 MAR 02 -  Failure of Block 11, objective 1,7a. 

f.  CM:  None. 

g.  Record of SV: None. 

 i is charged  from Sheppard AFB) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (3) Mos  (22) Das 

TAMS:  (0) Yrs  (8) Mos  (6) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 Mar 83. 

(Change Discharge to Honorable and Change the RE'Code) 

Issue 1:  I request an upgrade in my character of discharge and reentry code 

for the purpose of re-enlistment.  In eight months of service I achieved the 
rank of E-3 without any disciplinary incidents.  I was Absent Without Leave only 
onetime (sic) and I never inteneded (sic) to remain absent.  My intent was to 
resume my duties.  My military service is important to me and I did not wish to 
shame the Air Force or myself.  I look forward to your favorable reply. 

ATCH 
1. DD Form 214. 

DEPARTMENT  OF THE AIR FORCE 

AIR EDUCATION AND TRAINING  COMMAND 

FROM:  362 TRSICCQ 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge from 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.  Lf 
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 condition (general). 

2.  My reasons for this action are: 

a.  You did, at or near Sheppard AFB TX, on or about 18 Jul02, fail to go at the time 

prescribed to your appointed place of duty, to wit: Squadron details at 0700 hours.  For this 
misconduct you received a Letter of Reprimand (LOR) on  18 Jul02. 

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

or about 15 Jul 02, were derelict in the performance of those in that you failed to refrain from 
smoking in uniform, as it was your duty to do.  For this misconduct you received a LOR on 15 
Jul02. 

c.  You, being indebted to the Military Star Program in the sum of $49.00 for goods and 
services, which amount became due and payable on or about 12 Jul02, did at or near Sheppard 
AFB TX, from 17 Jun 02 to  15 Jul02, dishonorably fail to pay said debt.  For this misconduct 
and subparagraphs "d",  "en, "f' and "g"  below, you received an Article 15 punishment on 22 Jul 
02. 

. 

d.  You did, on or about 19 Jun 02, without authority, absent yourself from your unit, to 

wit: 362 TRS located at Sheppard AFB TX, and did remain so absent until on or about 24 Jun 02.  '' 

e.  You did, 

at or near Sheppard AFB TX, on or about 18 Jun 02, wrongfully solicit AB 
to make a false statement, by telling 
ou were taking 
~roblems. 

- --- 

care of your truck p 

f.  You, who knew or should have lmown or your duties at or near Sheppard AFB TX, 
between on or about 16 Jun 02 and on or about 18 Jun 02, were derelict in the performance of 
those duties in that you willfully failed to remain within the allowed mileage radius for Phase III, 
as it was your duty to do. 

g.  You did, at or near Sheppard AFB TX, on or about 9 Jun 02, make and utter to the 

Sheppard AFB Commissary, a certain check, in words and figures as follows, to wit: check 
number 0083, in the amount of $28.21, for the purchase of goods, and did thereafter dishonorably 
r payment of such check 
fail to place or maintain sufficient h d s  in th 
in full upon its presentment for payment. 

h.  You did, at or near Sheppard AFB TX, on or about 3 Jul02, fail to go at the time 

prescribed to your appointed place of duty, to wit: a Medical appointment.  For this misconduct 
you received a LOR on 16 Jul02. 

i.  You did, on or at Sheppard AFB TX, on or about 3 Jul02, fail to go at the time 

prescribed to your appointed place of duty, to wit: Squadron details at 0700 hours.  For this 
misconduct you received a LOR on 3 Jul02. 

j.  You did, at or near Sheppard AFB TX, on or about 19 Mar 02, lie to a 

noncommissioned officer by stating that you were on 12 hour quarters when you were put on 24 
hour quarters.  For this misconduct and subparagraph "k"  below, you received a LOR on 26 Mar 
02. 

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

or about 19 Mar 02, were derelict in the performance of those duties by falsifying an official 
government document. 

1.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on 
or about 18 Mar 02, were derelict in the performance of those duties in that you reported to class 
unprepared, as it was your duty not to do.  For this misconduct you received an AF Form 174, 
Record of Individual Counseling, on 18 Mar 02. 

m.  You did, at or near Sheppard AFB TX, on or about 15 Mar 02, fail to go at the time 

prescribed to your appointed place of duty, to wit: Hangar 1090at 0700.  For this misconduct you 
received an AF Form 174 on 1 5 Mar 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 
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 will probably be denied enlistment in any component of the 
armed forces. Any special pay, bonus, or education assistance funds may be subject to 
recoupment. 

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 

at building 1638 on 
. You may consult civilian counsel at your own 

15-  409 0 7  

expense. 

at 

1530 

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 BUG 1 9 2002 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 medicd examination.  You must report to the 82d Medical 
Group, Bldg 1200, Physical Examinations, at 

on  / 6   A U ~

 0 2   . 

1530 

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 in the Commander's Support Staff Office. 

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

Attachments:  (listed on the next page)