4 A M E  O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNiSSAh 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE GEN 
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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

RECORD REVIEW 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

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MEMBER SITTING 

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VOTE O F  THE B O A P  $ 1  - 
I  OTHER 

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INDEX NUMBER 

A67.10 

EXHIBITS SUBiMlT'rED TO THE BOARD I 

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ORDER APPOINTNG THE BOARD 
APPLICATION FOR REVIEW O F  DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S  RELEASE T O  THE BOARD 
ADDITIONAL EXHlBlTS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

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HEARING  DATE 

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TAPE RECORDING OF PERSONAL APPERANCE 

26 Nov 2003 
APPLICANT'S  ISSl'E AND TH!X  B O A W S  DECISIONAL RATIONAL ARE DISCUSSED ON THE AITACHED AIR FORCE DISCHARGE RFVIEW BOARD DECISIONAL RATIONALE 

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I Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

* Change Reason and Authority to Secretarial Authority. 

7 -  -  INDORSEMENT 

TO: 

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

AFHQ FORM 0-2077, JAN 00 

FROM: 

DATE:  12/01/2003 

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFB. M D  20762-7002 

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(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00344 

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.  The records indicated the 
applicant  received  two  Article  15s and  a  Vacation  action under  the  UCMJ.  The first  Article  15 was  for 
making  personal  calls during  duty hours and the  second  one was  for failure to  go.  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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 30 Mar 94 UP AFR 39-10, 
para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 2 Jul 71.  Enlmt Age: 18 8/12.  Disch Age: 22 8/12. Educ: HS DIPL 

AFQT: N/A.  A-63,  E-85,  G-88,  M-58. PAFSC: 3C051 -  Communications-Computer 
Systems Operations Craftsman. DAS: 21 Jan 91. 

b.  Prior Sv: (1) AFRes 29 Mar 90 -  17 Sep 90 (5 months 20 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Sep 80 for 4 yrs. Svd: 3 Yrs 6 Mo 13 Das, all AMS. 

b.  Grade Status:  A1C  -  02 Nov 93  (Vacation of Article 15, 21 Jan 94) 

SRA -  13 Sep 93 
A1C  -  18 Jan 92 
AMN -  18 Mar 91 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 26 Jan 94, Hickam AFB, HI -  Article 86.  You did, on or 

about 10 Jan 94, without authority fail to go at the 
time prescribed to your appointed place of duty. 
Forfeiture of $150.00 pay per month for 1 month and 45 
days restriction. (No appeal) (No mitigation) 

(2) 21 Jan 94, Vacation, Hickam AFB, HI -  Article 92.  You, 

wledge of a lawful order issued by 
to move back to Hickam AFB, specifi 

Dormitory 1805, an order which it was your duty to obey, 
did, on or about 1 Jan 94, fail to obey the same by not 
moving back to Hickam AFB, Dormitory 1805.  Reduction to 
A1C.  (No appeal)  (No mitigation) 

(3) 02 Nov 93, Hickam AFB, HI -  Article 92.  You, who 

should have known of your duties, between on or about 30 
Aug 93 to on or about 15 Sep 93, were derelict in the 
performance of your duties in that you wrongfully and 
willfully made $437.73 worth of personal calls during 
your duty hours.  Suspended reduction to AlC, and 
forfeiture of $150.00 pay per month for two months. 
(No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 18 Sep 90 -  17 May 92  Hickam AFB  4  (Initial) 

18 May 92 -  30 Sep 92  Hickam AFB  5  (CRO) 
01 Oct 92 -  15 Feb 93  Hickam AFB  4  (CRO) 
16 Feb 93 -  15 Feb 94  Hickam AFB  2  (AnnualIREF 

(Discharged from Hickam AFB) 

h.  Awards &  Decs :  AFTR 

i.  Stmt of Sv:  TMS: (4) Yrs  ( 0 )   Mos  (2) Das 
TAMS:  (3) Yrs  (6) Mos  (13) Das 

4 .   BASIS  ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 14 Jul 03. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

7.  SUPPORTING DOCUMENTS (X as qpYcabb) (Please pint mills and Social Sewity Numbsr on each doc-f.) 

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WlU NOT BE SUBMITTED.  RUSE COMPLETE REVIEW BASED OW AVAILABLL. SERVICE RECORDS. 

ARE U S E D  BELOW AND ARE ATTACHED TO T H n  APPUCATKlW (Lhtha? on a pleh  sheer ofpapa if r n  space k d.) 

a.  DOCUMENT 1: 

b.  DOCUMENT 2: 

c.  DOCUMENT 3: 

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8.  ISSUES 

The h a r d  w~ll consider any issue submitted by y w  prior to dosing the case for deliberation.  The Board will also review the case to 

determine whether M are any iswes that pmvide a basis for upgadlng your discharge.  Hawever. the Board is not required to respond in 
writing to Issues of corwern to you unless those issues are listed or incorporated by specif*  reference below.  Carefully read the instructions 
that pertam to Block 8 pnor to completing this part of the applicaticn.  If you need mae space,  subrmt additiond issues on an attachment. 

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were yo.~.yo.uwer.e.topay&kamo~*~o.n-&k-b~iIII, sumid iil;isasa-i~-o-n-~*ic  -=-&-so 

w.6ap-tiGe-6ii,e* 

-a-"e"-o-&~"g 

.c6hputei ro66,. 

z*dwi-* 

timef. I asked~~iu~~~iSorIT1~couId 

aftend the-0800 class to r&e 

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& was asked to attendthe 8600 ~IM, then be at workby0730 so ttre swing-shif'twould not have to comein so early- I  ' 
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agreed, but was never told that this was a direct order - I  believed it to ke 8 kindact odmy part.  One week I missed 
the 0600 run & this was part of the reason 1 was diScimg&. 
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I  betieve the discharge1-reeeidwszs~imquItable&-to&e feHowingmasons: --  -  -  - -  - 
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I.  One incident that was cited in my dischargewas myt3ihu-e to nnwe k k  into k-base dormitory by a-certain d a k  - 
I  made the attempt to move into the born-& was fold bythe SSGT in ehargeafrhe dormitory that there wereno  -  - 
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rooms availabk fixmy squadron for another wak; 1 moved into the dormitory assoorrasthe +oom was available -  - - - 
which was less than-a week pasthedate 1 was~equired to be in tfredms. -fmentioned this to my supervisor - -  - - - - 
previous to the d e d &   1. was  to meet  - - - - - -  . - . - - -  ..  - . - - -  .. -  . .- -  ..  - - - - - - - - - -  .-  - - - - - .- -  - - - - - - -  - -  - - - - - - - - - 
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3.  1 was placed-.on- a phsicaf midg prqj-iiotb;ecW-rwa over my allo-wed weight; b ~ i t  was over 
body' fat 
requirement.  At €he  firi-~eT~w& working'swing shift but the aerobic class1 w8s: attendirigwa at W. 7 over slept  . 
one morning ahdwas cdled at E6me  by -my Superiri&r w%  waS af iiie&itiil0615,  -,%other  aerobic class began at-  - 
0800 (or 0830, I donot ~mall~theexact 
up for 
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the cIass I .  mi&-d  - he agreed that it would be-accepiible. - 1  w i i  aIsb-*iten  -up for h i s  kici&nt.  - ~ 
4.  The issue that 6e-gan-e;erythin-g-was &ilin-g-  -.&-&n-g-Cong-di.ce- cdls-hm  wbtl;. ne we-e-l-transfe*ed 
riom the Secuiity 
of the 
perssna, !9n,i $ i ~ & - ~ ~ - ~ , l ~  
month of my enlistment, my record was exemplary.  1 hope you will kindly reconsider my discharge. 

2.  Our squadron heid a mandatoryweekiymnun-Fridqq one at 0688 8t one at 1508.- f wasworking days at tf$  time - 

statement.  (U.S. Cde, liue  18, Secth l e 0 1 ,  pwides  that rn &&+dud shaY be fined uxkv this tWe cw b q r m  not m e  than 5 yws, 
w both.) 

Army Review B o d s  Agency 
Support Division, St. Louis 
AlTN:  SFMR-RBR-SL 
9700 Page Avenue 
St. Lwa, MO  631 32-5200 
(See htQ://arba.army.pentagm.mi[) 
DD FORM 293, DEC 2000 

Naval Council of P e M m e l  BoaFds 
720 Kemon Street,  S.E. 
Rm.  309 (NDRB) 
Washington Navy Yard, DC 
20374-5023 

I PRNloUSLY SUsllAlTTED AN APPLlCATlOn ON (Em dare) 
A N D A M ~ T H S F ~ U Y ~ T O S U B M C T A D D m O N A L I S U I E S .  

I make the foregoing statements as part of my application with full knwvledge of the penalties involved f a  willfully rnakrng a false 

1 THE ABOVE ISSUES SUPERSEDE W PRMOUSLY SUBMTIEJJ. 

SAFlMlBR 
550-C Street West.  Suite 40 
Randolph AFB,  TX  781 50-4742 

Commandant (G-WPM) 
2100 Second Street, S.W. 
Washington, DC  205934C01 

I HAVE U S E D  AODITIONAL ISSUES AS AN ATTACHMENT TO THS AWlJCATlOW. 

ihat i f  any - - 
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NAVY & MARINE CORPS 

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9.  CERTIFICATION 

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DEPARTMENT OF 'THE AIR FORCE 

PACIFIC AIR FORCES 

MAR  1 0 1994 

MEMORANDUM FOR  1854 CCISSISWO 

ATTN : 

FROM: 

1854 CCISSICC 
Hickam AFB,  HI 96853-5415 

SUBJ: 

Notification Letter 

1.  I  am  recommending your  discharge from the  United  States Air  Force  for  minor  disciplinary 
infractions.  The authority for this action is AFR 39-10, paragraph 5-46.  If  my  recommendation is 
approved, your service will  be characterized as honorable or general (under honorable conditions). 
I am recommending that your service be  characterized as general (under honorable conditions). 

2.  My  reasons for this action are: 

a.  You,  who should have known of your duties, at Hickam Air Force Base,  Hawaii, between 
or about 30 Aug 93 to on or about 15 Sep 93, were derelict in the performance of  your duties in that 
you wrongfully made $437.73 worth of  personal calls during your duty hours.  For this offense, you 
received  an Article  15 on  2 Nov  93 including a suspended reduction to  Airman  First  Class and 
forfeiture of $150.00  pay  per month for 2 months. 

to move back to 
b.  You, having knowledge of a lawful order issued b 
, did, at Hickam 
Hickam AFB,  specifically Dormitory 1805, an order which 
AFB, HI, on or about 1 January 1994, fail to obey h e  same by  not moving back to Hickam Air Force 
Base, Dormitory  1805.  For this offense, the suspended reduction in grade to Airman First Class as 
a result of a previous Article  15 punishment which was suspended until  1 Mar 94, was vacated and 
resulted in reduction of your grade to Airman First Class, with new date of rank of 2 November  1993. 

c.  You did, at Hickam Air Force Base,  Hawaii, on or about 10 January 1994, without authority 
fail to go at h e  time prescribed to your appointed place of duty to wit:  Aerobics Fitness Class, Bldg 
112Q.  For this offense, you  received an Article 15 on 26 Jan 94 including forfeiture of  $150.00  pay 
per month for one month and restriction to base for 45 days.. 

Copies of lhe 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. 
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 C a p l ) a t   Bldg  11 13, 449-2149 on  10 Mar 94 at 
1300 hours . 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  15 Mar 94 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 medical examination.  You  must report to Hickam Air Force Base, 
Clinic, Flight Surgeon's Office, building 514, at  0715 hours on  15 Mar 94 for the examination. 

7.  Any  personal  information you  furnish  in rebuttal is covered by  the  Privacy Act  Statement as 
explained in AFR 39-10, attachment 2.  A copy of  AFR 39-10 is available for your use in the orderly 
room. 

Commander 

4 Attachments 
1.  Article  15, 2 Nov  93 
2.  Record of  Proceedings of Vacation 

of  Suspended Nonjudicial Punishment, 26 Jan 94 

3.  Article 15, 26 Jan 94 
4.  Airman's Receipt of  Ltr of  Notification