NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTlFlCATlON 
(  BRIEF OF PERSONNEL FILE 
(  COUNSEL'S  RELEASE T O  THE BOARD 
(  ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
(  PEKSONAL APPEARANCE 
I  TAPE KECORDING OF PERSONAL APPERANCE 

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A94.05 

INDEX NUMBER 

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HEARING DATE 

1  04 Nov 2003 

CASE NUMBER 

(  FD-2003-00379 

I 

APPLICANTS ISSUE AND THE BOARD'S DEClSlONAL RATIONAL ARE DISCUSSED ON  1%  ATTACHU) ALR FORCE DlSaURGE REVIM BOARD DWISIONAL RATIONALE 

Case heard at Washington, D.C. 

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: 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781504742 

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 

L  I 
(EF-V2) 

AFHQ FORM 0-2077, JAN 00 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00379 

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

The applicant was offered a personal appearance before the Discharge Review Board ( D M )  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. 

ISSUE:  Applicant  contends  discharge  was  inequitable  because  it  was  too  harsh.  Applicant  admits  to 
making  a  few  bad  choices  while  he  was  in  the  Air  Force  and  also  claims  that  he  was  young  and 
irresponsible.  The records indicated the applicant received an Article 15 for being in an unauthorized female 
dorm room, breaking curfew, and leaving the confines of Hurlburt Field.  He also received a Vacation action 
under the UCMJ for leaving the limits of Hurlburt Field for the second time.  In addition, he received three 
Letters  of  Counseling  and  two  AETC  Forms  341  for  missing  formation,  failing  his  room  inspection, 
receiving a speeding ticket, failure to present three AETC Forms 34 1, and for failing his room inspection for 
the  third  time.  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.  Applicant contends that he should not be penalized  indefinitely 
for  a  mistake  he  made  when  young.  The  DFU3  recognized  the  applicant  was  19 years  of  age when  the 
discharge took place.  However, there is no evidence he was immature or did not know right  from wrong. 
The Board opined the applicant was older than the vast majority of first-term members who properly adhere 
to the  Air  Force's  standards of  conduct.  The  DFU3  concluded  that  the  characterization  of the  applicant's 
discharge was appropriate due to the misconduct. 

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 A1C)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 12 Oct 01 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, and Change to Reentry Code, Reason and Authority. 

2.  BACKGROUND: 

a. DOB: 4 Dec 81.  Enlmt Age: 19 2/12.  Disch Age: 19 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-64,  G-48,  M-47. PAFSC: 1C411 -  Tactical Air Command and 
Control Helper. DAS: 30 Apr 01. 

b.  Prior Sv:  (1) AFRes 27 Feb 01 -  12 Mar 01  (14 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  13 Mar 01 for 6 yrs. Svd: 0  Yrs 7 Mos 0 Das, all AMS. 

b.  Grade Status:  A1C -  27 Apr 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 10 Sep 01, Vacation, Hurlburt Field, FL -  Article 134. 

You having been restricted to the limits of Hurlburt 
Field, FL, by a person authorized to do so, did between 
on or about 31 Aug 01 and on or about 3 Sep 01, break 
said restriction.  Forfeiture of $521.00 pay per month 
for 2 months.  (No appeal) (No mitigation) 

(2) 22 Aug  01, Hurlburt Field, FL -  Article 92.  You, who 

knew of your duties, on or about 3 Aug 01, were derelict 
in the performance of those duties in that you willfully 
failed to follow your phase 1 orders, by being in an 
unauthorized female dorm room as it was your duty to do. 
You, who knew of your duties, on or about 4 Aug 01, were 
derelict in the performance of those duties in that you 
willfully failed to follow your phase 1 orders, by 
breaking curfew, as it was your duty to do.  You, who 
knew of your duties, between on or about 4 Aug 01 and on 
or about 5 Aug 01, were derelict in the performance of 
those duties in that you willfully failed to follow your 
phase 1 orders, by leaving the confines of Hurlburt 
Field, FL, as it was your duty to do.  Suspended 
forfeiture of $521.00 pay per month for 2 months, 45 
days restriction, and a reprimand.  (No appeal) (No 
mitigation) 

e.  Additional: LOCI 15 AUG 01 -  Failed third room inspection. 

LOCI 20 JUN 01 -  Failure to present three AETC Forms 341. 
LOCI 13 JUN 01 -  Speeding Ticket. 
AETC FORM 341, 11 JUN  01 -  Failed room inspection. 
AETC FORM 341, 5 JUN 01 -  Missed formation. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Hurlburt Field) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (0) Yrs  (7) Mos  (14) Das 
TAMS: (0) Yrs  (7) Mos  (0) Das 

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

(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and 

Authority) 

Issue 1:  I would like to make a request to upgrade my discharge from 

"general" to an Honorable Discharge.  I'm requesting this upgrade based upon the 
fact that I strongly desire to be a member of the US Air Force again.  During my 
initial enlistment, I made a few bad choices.  I was young and irresponsible and 
did not realize the opportunities that the Air Force offered.  Over the past two 
years, I have matured a great deal.  I am married and now have a son.  I believe 
enlistment in the Air Force would give me the opportunity to better provide for 
them. 

Issue 2:  I apologize to the US Air Force for my actions during my original 

enlistment, and I can assure you it will never happen again.  I would appreciate 
the opportunity to serve in the US Air Force again, and sincerely pray that an 
Honorable Discharge be granted.  On behalf of my wife and my son, I thank the 
Board for their time and consideration and look forward to a positive 
resolution. 

ATCH 
1.  Character References  (4) 

5 Sep 03/cr 

DEPARTMENT  OF THE AIR FORCE 

DETACHMENT  1,334TH  TRAINING SQUADRON  (AETC) 

25 sef  6 )  

f 5 0 2 0 ~ 3 -  0033'4 

MEMORANDUM FOR AB 

FROM:  DET 1,334 TRSICC 

SUBJECT:  Notification Letter - Memorandum 

DET 1,334 TRS 

1.  I am recommending your discharge from the United States Air Force for misconduct, more 
specifically, for minor disciplinary infractions.  The authority for this action is AFPD 36-32 and 
AFI 36-3208, section H, paragraph 5.49.  If my recommendation for discharge is approved, your 
service will be characterized as Honorable or General.  I am recommending your service be 
characterized as General. 

2. My reasons for this action are based on the following: 

a.  Between on or about 3 1 Aug 0 1 and on or about 3 Sep 0 1, you broke restriction, for 
which you received a Vacation of Suspended Nonjudicial Punishment, dated 10 Sep 0 1, which 
was filed in your Unfavorable Information File (UIF). 

b.  You received punishment under Article 15, UCMJ, dated 22 Aug 0*1, and the 

establishment of a UIF, for the following offenses: 

1.  On or about 3 Aug 0 1, you were derelict in the performance of your duties in that 
you willfully failed to follow your phase I orders, by being in an unauthorized female dorm room, 
as it was your duty to do; 

2.  On or about 4 Aug 0 1, you were derelict in the performance of your duties in that 
you wWlly failed to follow your phase I orders, by breaking curfew, as it was your duty to do; 
and 

3.  Between on or about 4 Aug 01 and on or about 5 Aug 01, you were derelict in the 
performance of your duties in that you willfully failed to follow your phase I orders, by leaving the 
confines of Hurlburt Field, FL, as it was your duty to do. 

c.  On or about 15 Aug 01, you were derelict in the performance of your duties in that 

you failed your dormitory room inspection, for which you received a Letter of Counseling (LOC), 
dated 15 Aug 01 and an AETC Form 341, dated 15 Aug 01. 

d.  On or about 7 Aug 01, you were derelict in the performance of your duties in that you 

failed to make your bed and turn the bedding in to linen exchange, for which you received an 
AETC Form 34 1, dated 7 Aug 0 1. 

Any  Tinre. . . Anv Place 

e.  On or about 20 Jun 01, you were derelict in the performance of your duties in that you 
willhlly failed to follow your phase I1 orders, by not maintaining on your person 3 AETC Form 
34 1 s, as it was your duty to do, for which you received a LOC, dated 20 Jun 0 1 and an AETC 
Form 34 1, dated 20 Jun 0 1. 

f.  On or about 13 Jun 0 1, you failed to obey a lawful regulation, to wit: you received a 

DD Form  1408 for excessive speed in your vehicle on Eglin AFB, for which you received a LOC, 
dated 13 Jun 01. 

g.  On or about 1 1 Jun 0 1, you were derelict in the performance of your duties in that you 

failed your dormitory room inspection, for which you received an AETC Form 34 1, dated 
11 Jun 01. 

h.  On or about 5 Jun 01, you failed to go to your prescribed place of duty at the 

designated time, for which you received an AETC Form 34 1, dated 5 Jun 0 1. 

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.  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. 
I have made an appointment for you to consult the Area Defense Counsel, Hurlburt Field, FL, 
hours.  You may consult civilian 
Bldg 90042,4-52 16/52 17, on 
counsel at your own expense. 

at 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays 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 are scheduled for a medical examination and you should report to the Hurlburt Clinic at 

hrs on 

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 will be provided upon your request. 

Commander 

Attachments: 
Documents supporting basis for discharge 
1.  AFForm  1137,undated(lp.) 
2.  AF Form 366, dtd  10 Sep 01 (lp.) 
3.  AF  Form 3070, dtd 22 Aug 01 (3p.) 
4.  LOC, dtd  15 Aug 01 (2p.) 
5.  AETCForm341,dtd  15 Aug01 (lp.) 
6.  AETC Form341, dtd7 Aug 01 (lp.) 
7.  LOC, dtd20 Jun01 (2p.) 
8.  AETCForm341,dtd20 Jun01 (lp.) 
9,  LOC, dtd 13 Jun 0 1 (2p.) 
10. DD Form  1408, dtd 10 Jun 0 1 (lp.) 
11. AETC Form341, dtd. 11 Jun01 (lp.) 
12. AETC Form 341, dtd 5 Jun 01 (lp.) 
13. Airman's receipt of notification memorandum