NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

G W E  

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

Texas Veterans Commission 

1  ORDER APPOINTING THE BOARD 

1 
(  2  (  APPLICATION  FOR REVIEW OF DISCHARGE 
1  3  1  LETTER OF NOTIFICATION 
4 
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 

1 

-. 

ISSL'ES  A94.06 

R'DPX NUMBER  A67.10 

HEARING DATE 

07 Dec 2003 

CASE NUMBER 

FD-2003-00426 

Case heard at Randolph AFB, Texas. 

*Secretarial Authority 

Advise applicant of the decision of the Board. 

SAF/MRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
AWREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

h~ FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

F1)2,)03-00426 

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

licant appeared and testified before the Discharge Review Board (DRB), with counsel, Mr. 
the Texas Veterans Commission at Randolph AFB on December 7,2003.  The following additional 
were submitted at the hearing: 

Exhibit 5:  D-Flight Weapons 
Exhibit 6:  Statement from M 
Exhbit 7:  Sun Metro Job Ven 
Exhibit 8:  Character Letter from Lt Col 

, 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS: The Board grants the requested relief. 

The discharge is upgraded to Honorable. 
Reason is changed to Secretarial Authority. 

The Board finds that neither the evidence of record nor that provided by applicant substantiates an 
impropriety that would justify upgrade of the discharge.  However, based on the record and the testimony of 
the applicant, the Board finds that the applicant's character of discharge is inequitable. 

ISSUE:  Applicant contends discharge was inequitable because "it was too harsh".  The information 
provided by the applicant and contained in his records was carefully reviewed by the DRB.  The records 
indicated the applicant received one Article 15, five Letters of Reprimand, and one Record of Individual 
Counseling. The misconduct included failure to go, failed room inspection, dereliction of dutblate for work 
and failure to obey a lawful order.  After a thorough and complete consideration of the information 
submitted by the applicant and contained in the records, the Board concluded there was sufficient mitigation 
to substantiate upgrade of the discharge. 

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. 

However, in view of the foregoing findings, the Board further concludes that the overall quality of 
applicant's service is more accurately reflected by an Honorable discharge and change of reason for 
discharge to Secretarial Authority, under the provisions of Title 10, USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH A1C) 

FD2003-00426 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 14 Mar 89 UP AFR 39-10, 
para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 2 Aug 66.  Enlmt Age: 18 10/12.  Disch Age: 22 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-70,  E-35,  G-41,  M-57. PAFSC: 81150 -  Security Specialist. 
DAS: 18 Jun 86. 

b.  Prior Sv: (1) AFRes 1 Jul 85 -  8 Jan 86  (6 months 8 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 9 Jan 86 for 4 yrs. Svd: 3 Yrs 2 Mo 6 Das, all AMS. 

b.  Grade Status:  AB -  13 Feb 89  (Article 15, 13 Feb 89) 

A1C -  9 May 87 
AMN -  9 JuI. 86 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 13 Feb 89, Holloman AFB, NM  -  Article 86.  You did, on 

or about 31 Jan 89, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Building 35, for equipment issue.  Reduction to AB. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 06 DEC 88 -  Failed room inspection. 
RIC, 05 DEC 88 -  Failed room inspection. 
LOR, 25 OCT 88 -  Late for work. 
LOR, 20 OCT 88 -  Failure to obey a lawful order. 
LOR, 11 OCT 88 -  Dereliction of duty. 
LOR, 20 SEP 88 -  Failure to go. 
LOR, 08 FEB 88 -  Failure to go. 

f .  CM:  None. 

g.  Record of SV: 9 Jan 86 -  8 Jan 87  Holloman AFB  9  (Annual) 
9 Jan 87 -  8 Jan 88  Holloman AFB  9  (Annual) 
9 Jan 88 -  8 Jan 89  Holloman AFB  8  (Annual) 

(Discharged from Holloman AFB) 

h.  Awards &  Decs:  AFGCM, AFTR. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (8) Mos  (14) Das 

TAMS:  (3) Yrs  (2) MOS  (6) Das 

4 .   BASIS  ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 26 Aug 03. 

(Change Discharge to Honorable) 

Issue 1:  I would like the Board to consider my discharge upgrade.  The 

reason for my General Discharge was work related.  On Sep-21-88 I issued a 
weapon to a SSgt, who was not on a Weapons Restriction List.  I was offered an 
Article 15 by ~ a j o r w  my 833 Police SQD  (sic) Commander.  I consider Article 
15 as a very serious charge which I refused to accept.  I presented myself to 
the Police SQD (sic) Board, which in return dropped the charges to a Letter of 
reprimand (sic).  This was the first and only incid  t as to what my commander 

called a "Pattern of Misconduct."  I feel Major refir as in raged  (sic) towards 

me for challenging his judgment of his Article 15 and continuing with his 
recommendation for early discharge.  Only ten months left in the Air Force 
(sic).  I then seeked  (sic) Legal Military consultation and was advised I should 
not obtained  (sic) Dishonorable Discharge.  I accepted his early out.  I know 
that he could or would not be able to use another type of Discharge or be able 
to lable (sic) me with a pattern of misconduct on Reason for Separation.  Thank 
you for your consideration and time. 

ATCH 
1. Article 15 Written Presentation, 28 Sep 88. 
2. Letter of Reprimand, 11 Oct 88. 
3. Weapons Systems Security Duty Roster. 
4. Personal Statement. 
5. Letter of Reprimand, 6 Dec 88. 
6. Personal Statement. 
7. Article 15 Written Presentation, 6 Feb 89. 
8. Statement Waiver, 6 Mar 89. 
9. Three Airman Performance Reports. 

DEPARTMENT O F  'THE AIR  FORCE 

HEADQUARTERS 8330  OMB BAT SUPPORT GROUP (TAC) 

HOLLOMAN AIR  FORCE BASE NM 88330-5000 

REPLY TO 

8 3 3   SPS/CC 

SUBJECT: 

L e t t e r   o f   N o t i f i c a t i o n  

TO. 

0  6  MAR  1999 

I  am  r e c o m m e n d i n g   y o u r   d i s c h a r g e   f r o m   t h e   U n i t e d   S t a t e s   A i r  
T h e   a u t h o r i t y   f o r   t h i s  
r e c o m m e n d a t i o n   i s  
o r  
I  am  r e c o m m e n d i n g   t h a t   y o u r   s e r v i c e   b e   c h a r a c t e r i z e d   a s  

1. 
F o r c e   f o r   m i n o r   d i s c i p l i n a r y   i n f r a c t i o n s .  
a c t i o n  
a p p r o v e d ,  
G e n e r a l .  
G e n e r a l .  

y o u r   s e r v i c e   w i l l   b e   c h a r a c t e r i z e d  

p a r a g r a p h   5-46. 

a s   H o n o r a b l e ,  

i s   AFR 

3 9 - 1 0 ,  

I f   my 

2 .   My 

r e a s o n s   f o r   t h i s   a c t i o n   a r e :  

a .   On  o r   a b o u t   3 1   J a n u a r y   1 9 8 9 ,   you  f a i l e d   t o   g o   a t   t h e   t i m e  
y o u  
p u n i s h m e n t   w a s   r e d u c t i o n   t o   t h e  

a n   A r t i c l e  

f o r   w h i c h  

a p p o i n t e d  

1 5 .   Your 

p l a c e   o f  

d u t y ,  

p r e s c r i b e d   t o   y o u r  
r e c e i v e d  
r a n k   o f   A B .  

b .   On  o r   a b o u t   2 9   November 

room 
f o r   w h i c h   y o u   r e c e i v e d   a   L e t t e r   o f   R e p r i m a n d   d a t e d   6  

f a i l e d   y o u r  

1 9 8 8 ,  

y o u  

i n s p e c t i o n ,  
D e c e m b e r   1 9 8 8 .  

c .   On  o r   a b o u t   2 8   November  1 9 8 8 ,  

" M a r g i n a l "  
a s   e v i d e n c e d   b y   a  L e t t e r   o f   C o u n s e l i n g  

y o u   r e c e i v e d   a  

i n   y o u r   r o o m   i n s p e c t i o n ,  
d a t e d   5   D e c e m b e r   1 9 8 8 .  

d .   On  o r   a b o u t   2 5   O c t o b e r   1 9 8 8 ,   you  f a i l e d   t o   g o   a t   t h e   t i m e  
y o u  

f o r   w h i c h  

p l a c e   o f  

d u t y ,  

p r e s c r i b e d   t o   y o u r  
a p p o i n t e d  
r e c e i v e d   a  L e t t e r   o f   R e p r i m a n d .  

e .   On 

1 9   a n d  

2 0   O c t o b e r   1 9 8 8 ,  

h a i r c u t   i n   c o m p l i a n c e   w i t h   AFR  3 5 - 1 0 ,  
h a i r c u t  
L e t t e r   o f   R e p r i m a n d .  

a s   y o u   w e r e  

d i r e c t e d  

t o   d o .  

a n d   y o u   f a i l e d  

y o u   d i d   n o t   h a v e   a   p r o p e r  
a  
F o r   t h i s   y o u   r e c e i v e d   a  

t o   g e t  

f .   On  o r   a b o u t   2 1   S e p t e m b e r   1 9 8 8 ,   y o u   f a i l e d   t o   p e r f o r m   y o u r  
p l a c e d  
f o r   w h i c h   y o u   r e c e i v e d   a   L e t t e r  

t h e   w e a p o n   r e s t r i c t i o n   b i s t ,  

r i f   l e   t o   S S g t  

who  was 

d u t y   b y   i s s u i n g   a n   M-16 
o n  
o f   R e p r i m a n d .  

g .   On 

o r   a b o u t   1 7   S e p t e m b e r   1 9 8 8 ,  

t i m e   p r e s c r i b e d   t o   y o u r   a p p o i n t e d   p l a c e   o f   d u t y ,  
r e c e i v e d   a   L e t t e r   o f   R e p r i m a n d .  

y o u   f a i l e d   t o   g o   a t   t h e  
y o u  

f o r   w h i c h  

&Eadincar  ir  out J tofErrion 

C3 

h .   On  o r   a b o u t   6  F e b r u a r y   1 9 8 8 ,   y o u   f a i l e d . t o  g o   a t   t h e   t i m e  
t o   y o u   a p p o i n t e d   p l a c e   o f   d u t y   f o r   w h i c h   y o u   r e c e i v e d  

p r e s c r i b e d  
a   L e t t e r   o f   R e p r i m a n d .  

3 .   C o p i e s   o f   t h e   d o c u m e n t s   t o   b e  
a u t h o r i t y  
Commander  e x e r c i s i n g   SPCM  j u r i s d i c t i o n   o r   h i g h e r  
d e c i d e   w h e t h e r   y o u   w i l l   b e  
F o r c e   a n d ,  
c h a r a c t e r i z e d .  
r e e n l i s t m e n t   i n   t h e   A i r   F o r c e .  

s e p a r a t i o n  
i n   s u p p o r t   o f   t h i s   r e c o m m e n d a t i o n   a r e   a t t a c h e d .   The 
a u t h o r i t y   w i l l  
d i s c h a r g e d   o r   r e t a i n e d   i n   t h e   A i r  
s e r v i c e   w i l l   b e  
I f   y o u   a r e   d i s c h a r g e d ,   y o u   w i l l   b e   i n e l i g i b l e   f o r  

i f   y o u   a r e   d i s c h a r g e d ,  

f o r w a r d e d  

y o u r  

t h e  

how 

t o  

h a v e  

t h e  
b e e n  

4 .   You 
l e g a l  
a n  
c o u n s e l   h a s  
t h e   A r e a   D e f e n s e   C o u n s e l   o n   6 
a p p o i n t m e n t  
M a r c h   1 9 8 9   a t   0 9 0 0 .   You  may  c o n s u l t   c i v i l i a n   c o u n s e l   a t   y o u r   own 
e x p e n s e .  

c o u n s e l .   M i l i t a r y  

r i g h t  
o b t a i n e d  

t o   a s s i s t   y o u .  

I  h a v e   made 

t o   c o n s u l t  

t o   c o n s u l t  

f o r   y o u  

5.  You  h a v e   t h e   r i g h t   t o   s u b m i t   s t a t e m e n t s   i n   y o u r   own 
b e h a l f .  
Any  s t a t e m e n t s   y o n   w a n t   t h e   s e p a r a t i o n   a u t h o r i t y   t o   c o n s i d e r   m u s t  
r e a c h   m e   b y  
1 9 8 9   u n l e s s   y o u   r e q u e s t   a n d   r e c e i v e   a n  
e x t e n s i o n  
t h e  
s e p a r a t i o n   a u t h o r i t y .  

f o r   g o o d  

8   M a r c h  

I  w i l l  

shown. 

c a u s e  

s e n d  

t h e m  

t o  

I f  

y o u  

6 .  
y o u r   own  b e h a l f ,  
r i g h t   t o   d o   s o .  

f a i l  

t o   c o n s u l t   c o u n s e l   o r   t o   s u b m i t   s t a t e m e n t s   i n  
y o u r  

y o u r   f a i l u r e   w i l l   c o n s t i t u t e   a   w a i v e r  

o f  

7.  You  h a v e   c o m p l e t e d   a  m e d i c a l   e x a m i n a t i o n   o n   1 6   F e b r u a r y   1 9 8 9 .  

t h e   P r i v a c y   A c t   S t a t e m e n t  

a s   e x p l a i n e d  

i n f o r m a t i o n   y o u   f u r n i s h   i n   r e b u t t a l   i s   c o v e r e d  

p e r s o n a l  

8 .   Any 
b y  
a t t a c h m e n t   6 .   A 
t h e   o r d e r l y   room. 

c o p y   o f   AFR  39-10 

i s   a v a i l a b l e   f o r   y o u r   u s e   i n  

i n   AFR 

3 9 - 1 0 ,  

9 .   E x e c u t e   t h e   a t t a c h e d   a c k n o w l e d g e m e n t  

a n d  

r e t u r n  

i t  

t o   m e  

. 

3  A t c h  
1.  S u p p o r t i n g   D o c u m e n t s  
f o r   R e a s o n s   f o r   D i s c h a r g e  
2 .   D o c u m e n t s   c o n t a i n i n g  
D e r o g a t o r y   I n f o r m a t i o n  
Which  a r e   n o t   L i s t e d   i n  
L e t t e r   o f   N o t i f i c a t i o n  
3 .   A i r m a n ' s   R e c e i p t   o f  
L e t t e r   o f   N o t i f i c a t i o n  

DEPARTMENT,OF THE AIR  FORCE 

HEADOUARTERS 833D AIR ~IVISION (TAC) 
HOLLOMAN AIR FORCE BASE NM 88330 

REPLY TO 
ATTNOF:  J A   (capt -, 

7216) 

7 Mar  8 9  

SUBJECT: 

To:  CC 

Action  Under  AFR  39-10  r e   AB 
,  8 3 3  SPS 

The  initiating 

1.  The  attached  file has been  reviewed  and  found  t o  be  legally 
sufficient. 
has 
recommended that  the subject airman be  discharged  from the United 
States Air  Force under  the provisions of  AFR  39-10,  paragraph  5 -  
4 6 ,  for minor  disciplinary  infractions, with a General  Discharge. 
In support  of  this action,  the  commander  cites  the  following 
reasons : 

Belle, 

commander, 

Major 

a.  On or about 31  January  1989,  he  failed t o  go at  the time 
prescribed  to his appointed  place  of  duty,  for which  he received 
a n  Article  15.  His punishment  was reduction  t o  the rank of  AB. 

b.  On  or  about  29  November  1988,  he  failed  his  room 
inspection,  for which  he received  a Letter of  Reprimand dated  6 
December  1988. 

c.  On or about  28 November  1988, h e  received a  'Marginal'  in 
his  room inspection, as evidenced  by  a Letter  of  Counseling  dated 
5 December  1988. 

d.  O n  or about 2 5  October  1988,  he failed t o  g o  at  the time 
prescribed  to his appointed place  of  d u t y ,   for which  he received 
a Letter of  Reprimand. 

e.  On  19  and  20  October  1988,  he did not have a  proper 
haircut  in compliance with AFR 35-10,  and he  failed  t o   get  a 
haircut  a s  he was directed  to do.  For this he received a Letter 
of  Reprimand. 

to performed his 
f.  On or about  21  September  1988 
who was placed  on 
duty  by  issuing an M-16  rifle to SSgt 
the weapon restriction  list,  for which he received a  Letter  of 
Repr irnand . 

g.  On  or  about  17 September  1988,  he  failed to go  at  the 
time prescribed  to his appointed place  of  duty,  for  which  he 
received  a  Letter of  Reprimand. 

h.  On or about 6 February  1988,  he  failed to  go at  the time 
prescribed  to his appointed  place  of  duty  for which  he received a 
Letter of  Reprimand. 

2.  ABl\%llglllOC is 22 years  of  age.  His TAFMSD is 9 Jan  86.  He 
received notification of  this proposed  action on 6 Mar  89.  After 
consulting 
he  waived  his  right  to  submit 
statements. 

counsel, 

with 

3.  As  the  convening  authority  in  this  case,  you  have  the 
following options: 

a. 

Approve 

General  Discharge  recommended  by  the 
initiating  commander and order  AB  Portillo  discharged  from  the 
United States Air  Force; 

the 

b. 

Recommend 

approval  of  an  Honorable  Discharge, 

i f  

appropriate, to  the discharge authority,  12 AF/CC; 

c. 

Approve  the  General  Discharge  recommended 

the 
initiating  commander  or  recommend  approval  of  an  Honorable 
Discharge  to  the discharge authority,  i f   appropriate,  providing 
for  a conditional suspension of  the discharge and rehabilitation 
measures ; 

by 

d.  Disapprove  the recommendation  of  the initiating commander 
- a n d  order  that AB  Portillo be retained  on  active  duty  in  the 

United States Air  Force. 

If  you determine a General  Discharge is  appropriate,  you are 
the final authority  in  this matter  and your action will  result  in 
a final  determination.  If  you recommend approval  of  an Honorable 
Discharge,  you must  forward  the  case  file  to  the  discharge 
authority,  12  AF/CC,  along with  a statement  of  reasons why  the 
case warrants  the  issuance of  such a characterization. 

4.  I  find that  the reasons listed  in  the commander's  report  are 
sufficient to warrant  discharge under  AFR 39-10,  paragraph  5-46. 
Accordingly,  I recommend  that AB  Portillo be  discharged  from the 
United  States Air  Force with  a General  Discharge.  The reason  for 
my  recommendation  is  that  significant negative aspects of  his 
conduct and  performance  of  duty  outweigh the positive  aspects  of 
his  military  record.  I  do  not  recommend  the  respondent  be 
offered  the option  of  probation  and rehabilitation under  Chapter 
7,  AFR  39-10. 
The  incidents  documented  in  the  case.  file 
demonstrate a clear disregard  for Air Force standards,  and  thus 
makes  it  unlikely  AB  Portillo  would  successfully complete a 
program of  probation and  rehabilitation. 

5.  The file does not  contain a report  of  medical  examination  as 
is  required.  It  should be  noted  that no final discharge  in  this 
case can be directed until  the report of medical  examination  has 
been  made  a  part  of  the  file and AB Portillo  found medically 

USAF 

1  A t c h  
Case  F i l e