NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITLAL) 

GRADE 

AFSNISSAN 

AIR FORCE DlSCHARGE REVIEW BOARD HEARlNG RECORD 

I 

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MEMBER SlTTING 

I 

HON 

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GEN 

I  UOTHC 

I  OTHER 

I  DENY 

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E.ssu~s~92.15 INDEX NUMBER 

~ 6 7 . 9 0  

A92.21 

HEARING DATE 
24 Sep 2003 

CASE NUMBER 
FD-2003-00307 

Case heard at Washington, D.C. 

1 
2 
3 
4 

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 RECORDlNG OF PERSONAL APPERANCE 

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

TO: 

1 

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

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR.  EL WING.  3RD F1.00R 
ANDREWS A D ,  M D  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00307 

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

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 is denied. 

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

Issues.  Applicant was discharged for conduct prejudicial to good order and discipline.  He had two Articles 
15, a  vacation  of  suspended  punishment,  a  Letter  of  Reprimand,  and  a  civilian  court  conviction.  His 
misconduct included stealing, failure to obey orders and general regulations viewing pornographic material 
on a government computer, and leaving the scene of an accident with personal injury.  At the time of the 
discharge, member waived his right to  consult counsel and  submit matters in  his  own behalf.  Applicant 
now  contends  he  did  as  many  good  things  during  his  enlistment  as  bad,  although  he  concedes  he  was 
responsible for the bad decisions he made while in the Air Force.  The Board found this issue without merit. 
The Board noted member was given several opportunities to correct his behavior but was either unwilling 
or unable to do so.  Member was age  19 when his misconduct occurred, the same age as other airmen who 
honorably complete their service without misconduct.  There was no evidence he was immature, or didn't 
know  right  from  wrong.  The  Board  determined  member  was  responsible for  his  actions  and  was  held 
accountable for them because his misconduct was disruptive to the unit.  The Board did not find sufficient 
mitigation to warrant an upgrade, and no inequity or impropriety was found in this discharge in the course 
of the records review. 

Applicant cited his post-service conduct and good citizenship since discharge.  However, this evidence is 
not relevant to the period  of service under review and therefore, does not provide a basis for an upgrade. 
Although applicant has matured and his conduct may have improved, this alone is insufficient to overcome 
the factors that were the basis for discharge. 

h 

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 DISCHARGEREVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 23 Dec 02 UP AFI 36- 
3208, para 5.50.2  (Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 13 Dec 81.  Enlmt Age: 18 2/12.  Disch Age: 21 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-57,  E-43,  G-39,  M-16. PAFSC: 3A031 -  Information Management 
Apprentice. DAS: 4 Jan 01. 

b.  prior Sv:  (1) AFRes 10 Mar 00 -  21 Aug 00  (5 months 12 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  22 Aug 00 for 4 yrs. Svd: 2 Yrs 4 Mo 2 Das, all AMS. 

b.  Grade Status:  AB -  27 Nov 02  (Article 15, 27 Nov 02) 

AMN -  10 Jun 02 (Article 15, 10 Jun 02) 
A1C -  22 Dec 01 
AMN -  22 Feb 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 9 Dec 02, Vacation, Tinker AFB, OK -  Article 86.  You, 

did, on or about 2 Dec 02, without authority, fail to go 
at the time prescribed to your appointed place of duty. 
Article 107.  You, did, on or about 3 Dec 02, with 
intent to deceive, make to 
official statement, to wit 
on 2 Dec 02 after seeing Docto 

which 

-  - 

- - - 

statementwastotally false in that you were not seen by 

~octor- 
known by you to be so false.  Forfeiture of $250.00 pay 
per month for 2 months.  (No appeal)  (No mitigation) 

or placed on quarters, and was then 

(2) 27 Nov 02, Tinker AFB, OK -  Article 121.  You, did, on 
or about 9 Nov 02, steal two digital video discs and a 
playstation 2 video game, of a value of $100 or less, 
the property of the Army Air Force Exchange Service. 
Reduction to AB.  Suspended forfeiture of $250.00 pay 
per month for 2 months.  Restriction for 30 days, 14 
days extra duty, and a reprimand. (No appeal) (No 
mitigation) 

(3) 10 Jun 02, Tinker AFB, OK -  Article 92.  You, did, on 

or about 10 Apr 02, fail to obey a lawful general 
instruction, to wit: para 6.1.3, AFI 33-129, dated 4 Apr 
01, by wrongfully viewing pornographic material on a 
government computer.  Article 107.  You, did, on divers 
occasions between on or about 29 Mar 02, and on or about 
31 Mar 02, with intent to deceive, sign official 
records, to wit: AF Form 1332  (Government Transportation 
Request and Meal Ticket Register), which records were 
false in that you ma 
sig 
and 
security numbers and signatures were not your own, and 
was then known by you to be so false.  Article 121. 
You, did, on divers occasions between on or about 29 
March 02 and on or about 31 Mar 02, steal meals, 
military property, of a value of $100 or less, the 
property of the Vanwey Dining Facility.  Reduction to 
A m ,  and 45 days restriction. (No appeal) (No 
mitigation) 

e.  Additional: Court Record, 25 Oct 01 -  Civil arrest  (pled guilty) for 

leaving the scene of an accident 
with personal injury. 

LOR, 16 OCT 02 -  Failure to obey a lawful general 

instruction by eating take-out food in the 
dormitory dayroom. 

f.  CM:  None. 

g.  Record of SV: 22 Aug 00 -  22 Apr 02  Tinker AFB  1  (1nitial)REF 

(Discharged from Tinker AFB) 

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

i.  Stmt of Sv:  TMS:  (2) Yrs  (9) Mos  (14) Das 
TAMS: (2) Yrs (4) Mos  (2) Das 
_ - _  

- _ 

- -   - 

--  - 
4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Jun 02. 

- 

(Change Discharge to Honorable) 

- 

Issue 1:  I think my discharge should be changed to an honorable because I 

have done more good deeds than bad during my time of service.  I am responsible 
for all the bad decisions I made in my time of service.  I do understand that I 
have dishonored and disgraced the Air Force high standards.  Also, I brought 
shame and embarrassment upon myself but I was a young airman and I am still 
maturing in life.  Despite all these things, I've done many noble things during 
my enlistment.  For example, I completed my CDC1s in an extremely fast timing, I 
served in the Base Honor Guard Team, my EPR would have been all fives if it 
wasn't for the dining hall incident, and I also participated in many voluntary 
services.  I also accomplished many things outside the military.  I earned my 
first college credit in military training and after two years, I earned 62 

credits and received my A.A. in education.  I have been accepted to one of the 
best schools in Oklahoma to further my education.  I received many rewards and 
certificate while in school.  I am also active in my church, Emmanuel 
Tabernacle, where, I am over the drama department, serve in the usher board and 
youth board.  I'm slowly, but surely maturing in life and learning from past 
behaviors and mistakes.  My Pastor, listed in my references, can be a witness to 
that.  I hope that these issues can change your opinion of me and make you 
consider an upgrade on my discharge. 

ATCH 
1. College Transcript. 
2. Letter of Admittance to University of Oklahoma. 
3. Personal References. 
4. Certificate of Accomplishment. 

DEPARTMENT OF THE AIR FORCE 

552d MAINTENANCE GROUP (ACC) 

TINKER AIR FORCE BASE, OKLAHOMA 

9 December 2002 

MEMORANDUM FO 

FROM:  552 CMSICC 

Tinker AFB OK  73145 

SUBJECT:  Notification Memorandum 

1.  I am recorr~mending your discharge from the United States Air Force for Misconduct. 
My authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2, 
Conduct Prejudicial to Good Order and Discipline.  If my recommendation is approved, 
your service will be characterized as honorable or general.  I am recommending that 
your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 17 Aug 01, you were arrested and charged in the District Court of 

Oklahoma County OK for leaving the scene of an accident with personal injury.  You 

' . pled guilty to that charge and received a deferred sentence on 12 Dec 01. See Atch  1. 

, 

a.  On or about 10 Apr 02, at or near Tinker AFB OK, you failed to obey a lawful 

general instruction in that you wrongfully viewed pornographic material on a 
government computer.  Also on divers occasions, between on or about 29 Mar 02 and 
31 Mar 02, with intent to deceive, you signed an official record wherein you gave false 
information by marking false social security numbers and signing the names of- 

, knowing these were false.  On divers occasions 

between on or about 29 Mar 02 and on or about 31 Mar 02, you stole meals, military 
property, of a value of $1 00 or less, the property of Vanwey Dining Facility. As a result,  -- 

-  you receivefa-icle15, 

the grade of 
airman, effective 10 Jun 02, and restriction to the limits of Tinker AFB for 45 days.  See 
Atch 2. 

dated0 Jun 02.  ~ i T s ~ ~ n T w a s E ~ c f i o n 3 0  

-. 

b.  On 7 Oct 02, you failed to obey a lawful general instruction in that you ate 
take-out food from the Vanwey Dining Hall in a dormitory dayroom.  As a result, you 
received a Letter of Reprimand, dated 16 Oct 02.  See Atch 3. 

c.  On or about 9 Nov 02, at Tinker AFB OK, you stole two digital video discs and 

a Playstation 2 video game, of a value of $100 or less, from the Army Air Force 
Exchange Service.  As a result, you received an Article 15, dated 27 Nov 02. 
Punishment was reduction to the grade of airman basic, effective 27 Nov 02, forfeiture 

G l o b a l   P o w e r   F o r   A m e r i c a  

of $150 pay per month for 2 months (suspended through 26 May 03), restriction to the 
limits of Tinker AFB OK for 30 days, 14 days extra duty, and a reprimand.  See Atch 4. 

Copies of the documgnts to be forwarded to the separation authority in support of this 
recommendation are attached. The corr~mander exercising SPCM 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. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you. I have made arrangements for you to consul 
Bldg One, Tinker AFB OK on 10 December 2002, at 08 
office, enter Bldg One at Door C on the south side of the building.  Go to the end of the 
hallway and turn right through some double doors.  His office wil 
necessary to change this appointment time, call 
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 12 December 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 were scheduled for a medical examination on 6 December 2002, and you 
should have reported to the Tinker AFB Hospital, Physical Exam Section, on that date 
for the exaniination. 

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 orderly room. 

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

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pp - - - -- -- 

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Attachments: 
1.  OK County Court Record 
2.  Art  15, dtd 10 Jun 02 
3.  LOR, dtd 16 Oct 02 
4.  Art 15, dtd 27 Nov 02 
5.  Acknowledgment Ltr