I 

1 

I 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE 

PERSONAL APPEARANCE 

I 

RECORD REVIEW 

I 

MEMBER SITTING 

- 
ISSUES 

A93.23 

1 

INDEXNUMBER 

~ 6 7 . 1 0  

HEARING DATE 
24 Sep 2003 

CASE NUMBER 
FD-2003-00330 

Case heard at Washington, D.C. 

I  1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3 
4 

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 

I 
1 

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 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCEARGE REVIEW BOARD 
1535 COMMAND D R  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

- -  

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00330 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, 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,  change  of  reason  and  authority  for  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 discharge. 

Issues.  Applicant was discharged for misconduct, minor disciplinary infractions.  He had two Articles  15, 
seven Letters of Reprimand, three  Letters of Counseling, and a Letter of Admonishment.  His misconduct 
included  eleven  incidents  of  failure  to  go,  making  a  false  official  statement  regarding  omission  of 
information  from  his  personal  security  clearance  questionnaire,  specifically  information  about  theft  of 
personal property and selling stolen property, and failure to obey a lawful order.  Additionally, member was 
permanently  decertified  from the  Personnel  Reliability  Program  for the  incident  regarding  his  personnel 
security questionnaire and the related criminal activities.  At the time of the discharge, member consulted 
counsel and submitted a statement in his own behalf requesting retention, while admitting his misconduct. 
Applicant now contends he should be  given an upgrade because most of his incidents occurred during his 
final  year  of  enlistment,  and  were  predicated  by  his  marital  problems  and  child  custody  issues,  which 
caused  him  to  become  depressed  and  lose  motivation.  While  it  is  understandable  that  a  member 
experiencing personal  problems has additional stress, member's  problems were not unique.  Furthermore, 
there is no evidence he sought help from available agencies such as the Chaplain, family support center, the 
mental health clinic, or his chain of command.  Because he was unable to  separate his personal problems 
from  his  duties,  he  became  a  burden  on  his  unit  and  a  disruptive  influence.  He  was  either  unable  or 
unwilling to correct his behavior.  The Board could not find sufficient mitigation or extenuation to warrant 
an upgrade, and the records review disclosed no inequity or impropriety. 

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 SRA) (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 19 Apr 01 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 16 Mar 78.  Enlmt Age: 18 0/12.  Disch Age: 23 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-77,  E-75,  G-82,  M-87. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 18 Mar 97. 

b.  Prior Sv: (1) AFRes 22 Mar 96 -  22 Oct 96  (7 months 1 day) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 23 Oct 96 for 4 yrs. Svd: 4 Yrs 5 Mo 28 Das, all AMS 

b.  Grade Status:  SRA -  23 Feb 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 3 Jan 01, Lackland AFB, TX -  Article 92.  You, having 

knowledge of a lawful order issued by 7 

o immediately return to duty, an order which 
it was your duty to obey, did, at or near San Antonio, 
Texas, on or about 28 Nov 00, fail to obey the same by 
wrongfully failing to return to duty.  Suspended 
reduction to AlC, and 30 days extra duty. (No appeal) 
(No mitigation) 

(2) 26 May 98, Lackland AFB, TX -  Article 107.  You did, at 

or near San Antonio, TX, on or about 12 Sep 97, with 
intent to deceive, make to Special ~
m
official statements, to wit: information on 

~

e

your security clearance questionnaire specifically: past 
job history, theft of personal property and selling of 
stolen property, which statements were totally false, 
and were known by you to be so false.  Suspended 
reduction to Airman and 15 days extra duty. (No appeal) 
(No mitigation) 

n

t

.

 

e.  Additional: LOR, 28 MAR 01 -  Late for work. 
LOR, 28 DEC 00 -  Late for work. 
LOR, 17 OCT 00 -  Financial irresponsibility. 
LOR, 25 AUG 00 -  Failure to go. 
LOR, 20 JUL 00 -  Late for work. 

LOR, 03 JUL 00 -  Late for work. 
LOA, 23 MAY 00 -  Failure to go. 
LOCI 19 MAY 00 -  Late for work. 
LOCI 10 MAY 00 -  Late for work. 
LOR, 23 APR  99 -  Late for work. 
LOM, 19 JAN 98 -  Late for work. 
LOCI 20 DEC 97 -  Late for work. 

. 

CM:  None. 

g.  Record of SV: 23 Oct 96 -  15 Apr 98  Kelly AFB  4  (HAF  Dir) 
16 Apr 98 -  15 Apr 99  Kelly AFB  5  (Annual) 
16 Apr 99 -  15 Apr 00  Kelly AFB  5  (Annual) 
16 Apr 00 -  05 Jan 01  Kelly AFB  2  (Annua1)REF 

h.  Awards &  Decs:  AFOUA, AFEM W/1 BOLC, KCM 2/1 BOLC, AFLSAR, SAEMR W/BS, . 

(Discharged from Lackland AFB) 

AFTR . 

i.  Stmt of Sv:  TMS:  (5) Yrs  (0) Mos  (29) Das 
TAMS:  (4) Yrs  (5) MoS  (28) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 9 Jul 03. 

(Change Discharge to Honorable, Change the RE Code, Reason and Authority for 

Discharge) 

Issue 1:  I'm requesting a review of my records for an upgrade to honorable. 

I would like to address the issue of my dismissal from active service under 
honorable conditions and a general discharge.  My records will reveal all LOA, 
LOR'S, and Article 15's that I recieved (sic) while on active status.  In these 
they show lack of respect for my duties as a Security Police Officer and show a 
lack of esprit de corp for the Air Force.  I wish to say that these offenses 
occurred towards the last year on active status.  What the records fail to show 
is I was going through a divorce and child custody battle with my spouse.  The 
constant tardiness and financial problems were a direct reflect  (sic) on that. 
While in my first three years and even during the year I was giving 100%.  I 
love the Air Force and all that the military is.  I wish to reenlist now that I 
have my finances in order and my head on straight.  If all else I would like to 
have the respect of my son and show him that even though the times were beyond 
hard I did my best, 2  (sic) fight for him, and the sacrifices I made.  I hope to 
gain back what was lost because my spouse decided to leave me because I choose 
(sic) those operations in the Middle East and Europe over her, or so she felt. 
Thanks for your time and consideration in this matter. 

ATCH 
None. 

I l o o ,  y Apfi 
.F.  u 

DEPARTMENT OF THE AIR FORCE 

76TH SECURITY FORCES SOUADRON (AFMC) 

KELLY AIR FORCE BASE, TEXAS 

SLB JECT:  Notification Memorandum 

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.  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  reason for this action is: 

a.  On 20 Dec 97, you failed to report for duty at the prescribed time.  For this misconduct, 
you received a Letter of Counseling.  This is documented in Attachment 1. 

b.  On 19 Jan 98, you reported late for duty.  For this misconduct, you received a Letter of 
Memo. This is documented in Attachment 2. 

c.  On 15, 18, and 23 Apr 99, you failed to report to duty at the prescribed time.  For this 
misconduct, you received a Letter of Reprimand.  This is documented in Attachment 3. 

d.  On 10 May 00, you failed to report for duty at the appointed time.  You received a Letter 
of Counseling.  This is documented in Attachment 4. 

e.  On 19 May 00, you failed to report to duty at the appointed time.  For this misconduct, 
you received a Letter of Counseling.  This is documented in Attachment 5. 

4 

f.  On 22 May 00, you failed to report to your Audiology appointment at the prescribed 
time.  For this misconduct, you received a Letter of Admonishment.  This is documented in 
Attachment 6. 

g.  On 3 Jul00, you failed to report for duty at the appointed time.  For this misconduct, you 
received a Letter of Reprimand.  This is documented in Attachment 7. 

h.  On 20 Jul 00, you failed to report for duty at the appointed time.  For this misconduct, 
you received a Letter of Reprimand.  This is documented in Attachment 8. 

i.  On 21 Aug 00, you failed to attend a scheduled mandatory M-16 appointment.  For this 
misconduct, you received a Letter of Reprimand, which resulted in a Unfavorable 
Information File.  This is documented in Attachment 9. 

j.  On 17 Oct 00, you failed to t*e  care of your financial debts.  For this misconduct, you 
received a Letter of Reprimand.  This is documented in Attachment 10. 

k.  On 28 Nov 00, you failed to obey an order to return to duty.  For this misconduct, you 
received an Article 15.  This is documented in Attachment 1 1. 

1.  On 27 Dec 00, you failed to show for work at your appointed time.  For this misconduct, 
you received a Letter of Reprimand.  This is documented in Attachment  12. 

C 

m.  On 26 Mar 01, you failed to show for work at your appointed time.  For this misconduct, 
you received a Letter of Reprimand.  This is documented in Attachment 13. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander 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 in the Air Force. 

. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
&&D/  at  / ~ 3 0  hrs at the 
I have made an appointment for you to consult wit 
Area Defense Counsel office, 2000 Bong Ave, Ste 2, Lackland AFB, ext. 3-2924.  You may 
consult civilian counsel at your own expense. 

n 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 
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, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the Flight Surgeon's 
Ofice, Kelly Clinic at &PO hrs or&?  ,$'no/ for the examination. 

8.  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 unit Orderly Room. 

Attachments: 
1.  LOC Dated 20 Dec 97 
2.  LOM Dated 19 Jan  98 
3.  LOR Dated 23 Apr 99 
4.  LOC Dated  10 May 00 
5.  LOC Dated 19 May 00 
6.  LOA Dated 23 May 00 
7.  LOR Dated 3 Jul00 
8 .   LOR Dated 20 Jul00 
9.  UIF Dated 6 Oct 00 
10. LOR Dated 17 Oct 00 
1 1. Article 15 Dated 3 Jan 01 
12. LOR Dated 28 Dec 00 
13. LOR Dated 26 Mar 01