I NAME OF SERVIKMEMBER 

(LAST, FIRST hfIDDLE INITIAL) 

-  --  - 

-- 

AIR FORCE DISCHARGE REVIEW BOARD HEAFUNG RECORD 

TYPE GEN 
2 2F0u@sbL 
YES 
X 

No 

I 

PERSONAL APPEARANCE 

X 
NAME OF COUNSEL AND OR ORGANIZATION 

I 

A1 C 

RECORD REVIEW 

PlDDRESS AND OR ORGANIZATION OF COUNSEL 

-~e~artment 

of Veterans Affairs 

MEMBER SITTING 

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1  DENY 

-----------------------------. 
ISSUES  A94.06 

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

I 

I 

1 

1 

HEARING DATE 

1  21 Apr 2004 

CASE NUMBER 

1  PD-2002-0353 

I 

APPLICMi'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON TIE ATTATWD AIR FORCE DlSCflARGE REVlEW BOARD DECISIONAL RATIONALE 

Case heard at Andrews AFB, MD, via video-teleconference with Ft Gillem, GA. 

Advise applicant of the decision of the Board. 

TO: 

- . . . . . -- 

INDORSEMEMI' 

. . . - - .  . - . . - . . . . . . . . 

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

. . . . . - . 

I 
1 

- - .  . . - - . . . -. 

DATE:  6/21/2004, 
- . . . . - . . . . . . 
SECRETARY OF THE AIR FORCE PERSONNEL COUNCE 
ALR  FORCE DISCkIARGE KE\'IEW BOAKD 
1535 COII>l,\NL)  DK EE  WING. 3HD FLOOR 
ANDREWS AFB, MD 20762-7002 

- 

- 

.  . .- - . - 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2002-0353 

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

!of the  Florida  Department  of 
The  applicant  appeared  before  the  Board  with  counsel,  Mr.: 
Veterans Affairs  on 21  April  2004 at  Fort  Gillem, Georgia, via video  teleconference  with  Andrews AFB, 
MD. 

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

FINDINGS:  Upgrade of discharge is granted; however, 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  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant the Board finds the applicant's  discharge inequitable. 

ISSUE: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article 1 5s' three Letters of Reprimand, three Letters of Counseling, six Records of 
Individual Counseling, one Memorandum for Record, and a traffic ticket.  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. 
However, based upon evidence provided by the applicant the Board finds the applicant's  discharge 
inequitable. 

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. Additionally, the Board declined 
to change the  applicant's  characterization  and  or reason for discharge nor to change the reenlistment code 
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 A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 18 DEC 01 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 18 May 78.  Enlmt Age: 19 1/12.  Disch Age: 23 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-51,  E-43,  G-46,  M-35. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 17 May 01. 

b.  Prior Sv: (1) AFRes 07 Jul 97 -  07 Oct 97 (3 months 1 day) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 08 Oct 97 for 4 yrs. Svd: 4 Yrs 2 Mos 11 Das, all A M S .  

b.  Grade Status:  A1C -  25 Sep 01  (Article 15, Vacation, 4 Dec 01) 

SRA -  08 Oct 00 
A1C -  08 Feb 99 
AMN -  08 Apr 98 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 4 Dec 01, Vacation, Eglin AFB, FL -  Article 113.  You 

did, on or about 19 Nov 01, while being posted as a 
sentinel at Camp Pincot Eglin Base Housing, were found 
sleeping upon your post.  Reduction to A1C.  (No appeal) 
(No mitigation) 

(2) 25 Sep 01, Eglin AFB, FL -  Article 86.  You did, on or 

about 27 Aug 01, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Suspended reduction to AlC, and forfeiture of $100.00 
pay.  (No appeal) (No mitigation) 

e.  Additional: MEMO, 7 May 01 -  Wearing unauthorized head gear 

LOR, 30 APR 01 -  Improper wearing of the uniform, 

appearance an embarrassment to the Unit 
and the United States Air Force. 

LOR, 27 APR 01 -  Wearing the wrong uniform. 
Traffic Ticket, 26 Apr 01 -  Parking in a no parking zone 

-LOCI 25 MAR 01 -  Leaving Air Force property unattended 

-LOCI 25 FEB 01 -  Failing to shave and lying. 
-LOCI 17 FEB 01 -  Failure to go. 

resulting in it being stolen. 

LOR, 17 FEB 01 -  Disrespect to a noncommissioned officer 
MFR, UNDATED -  Disrespect to a noncommissioned officer. 

f  .  CM:  None 

g.  Record of SV: 08 Oct 97  -  22 Jul 99  Cannon AFB  4 

(Initial) 

23 Jul 9 9   -  28 Jun 00  Osan AB 
29 Jun 00 -  23 Jun 01  Eglin AFB  2  (AnnualIREF 
29 Jun 01 -  30 Nov 01  EglinAFB  1  (HAFDir)REF 

5  (CRO) 

(Discharged from Eglin AFB) 

h.  Awards &  Decs:  AFTR, AFOSSTR, AFLSAR, AFEM. 

i.  Stmt of Sv:  TMS:  (4) Yrs  (5) Mos  (12) Das 
TAMS: (4) Yrs  ( 2 )   Mos  (11) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Aug 02. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 .   Response to Administrative Discharge Under AFI 36-3208. 
3. Response to Vacation Action. 
4 .   Character Reference. 
5. Armed Forces Expeditionary Medal. 
6. Two Certificates of Appreciation. 
7. Certificate of Commendation. 
8. Letter of Appreciation. 
9. Two Enlisted Performance Reports. 
10. Letter of Evaluation. 

2002 August, 12 

SUBJECT:  Response to General Discharge 

1.  I'm asking that you review my case with an open mind and heart. 

2.  I was discharged from the United States Air Force 18 Dec 01 under less then 
Honorable conditions, not for misconduct, but for the miscommunication between my 
supervisor & myself. I served my country proudly and would not hesitate to do it again if 
given another four years. 

3.  My first two weeks on flight I put in a request to change flights because I knew it 
would come to this situation eventually. I put in several requests for a change of 
supervisor through the proper chain of command but my requests were denied.  The 
incidents in which I was involved always seemed to warrant extreme punishment. For 
example, the flight had training on one of our days of break. Not knowing it would be a 
problem, I wore my field cap instead of my beret. It had never been a problem at any of 
my other bases; so just out of natural habit I opted to wear my field cap on this particular 
day. I was sitting down in the front row and didn't  feel out of place because the person 
sitting next to me had their field cap also. The instructor asked the class, who didn't have 
their beret and I raised my hand. I was sent to another room to the side but could still hear 
what was taking place.  He gave the officer sitting next to me two more opportunities to 
say something in which they did not.  He finally pointed them out and let them go home 
and get their beret. There weren't  any questions after that. We went to his office and I 
tried to explain to him that I was new to the base and didn't know that it was a problem 
and it would not happen again. To make a long story short, that incident, ended up with 
me in the commanders office explaining the situation. This is one example of the 
discrimination that was shown towards myself and some other individuals on flight for 
the entire year. 

4.  The incident in which my discharge is based took place, it was  18 Dec 2001.  I had 
just  finished working a 12 hour night shift (1700-0600). I went home and slept until 
approximately 1030. I called the armory and asked where I was posted for the next duty 
day and was told that I was off duty for the evening. I stayed up doing housework from 
that point on. I received a phone called from the flight chief MSgt.-t 
approximately 1530 stating that I had to report to work.  I reported to work, discussed 
with the assistant flight chief TSgt. -nd 
my area supervisor of the events that 
day.  Later that evening, at approximately 2330 to 2345, I nodded off without realizing it. 
I was awaken some time later by one of the patrols.  I tried to explain the situation, but it 
was to no avail. 

5.  I was put on a pedestal and revered as an unmotivated trouble maker, but I am just the 
opposite.  Ever since my dismissal from the U.S. Air Force I have been in search of my 

niche.  I had plans to use my G.I. Bill to attend college and major in Computer 
Information Systems.  I do not place the blame of my dismissal on anyone because I 
played my role and have learned fiom the experience. All that I ever wanted was to gain 
the experience that the Air Force offered to me, take what I learned, and use it to further 
my education.  I ask you with a humble heart to reconsider my discharge status and allow 
me to put my mistakes behind me.  In life we have hopes and dreams that some of us 
reach and others fall by the wayside.  I am determined to achieve the goals I have set for 
myself and for the 4 years I was dedicated to serving my country, the only reward that I 
desire for that commitment is an Honorable discharge. 

6.  I only had 20 days left on my extended contract. Please keep that in mind. 

Attachments: 

1.  My Response to Administrative Discharge Under AFI 36-3208 
2.  My Response to Vacation Action 
3.  Character Reference-TSgt 
4.  Certificates /Awards 
5.  Enlisted Performance Reports & Evaluations 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS AIR ARMAMENT CENTER (AFMC) 

EGLlN AIR FORCE BASE. FLORIDA 

MEMORANDUM FOR 96 ABWICC 

FROM: AACIJA 

SUBJECT: Legal Review, AFI 36-3208 Administrative Discharge, A l C 

-96 

SFS (AFMC) 

1.  LEGAL SUFFICIENCY: I reviewed the attached discharge package concerning AIC- 
(respondent) and find it legally sufficient to support an administrative discharge action for minor 
disciplinary infractions under AFI 36-3208, chapter 5, section H (Misconduct), paragraph 5.49. 

2.  INITIATION OF ACTION: On 6 Dec 01, Lt ~ol-tified 
recommending the respondent be administratively discharged for minor disciplinary infractions under 
AFI 36-3208, chapter 5, section H, paragraph 5.49.  Lt ~ o l w e r n m e n d s  
receive a general discharge withqut probation and rehabilitation (P&R).  The respondent is not entitled 
to an administrative discharge board. 

the respondent that he was 

that the respondent 

3.  EVIDENCE CONSIDERED FOR THE GOVERNMENT: Al-was 
disrespectful to an 
NCO, failed to go to a scheduled appointment, failed to safeguard Air Force property, violated Air 
Force Instruction 36-2903 by wearing the wrong uniform to work and by having his BDU shirt 
unbuttoned completely, pants unbloused and hanging over his boots, and a "skull  cap"  on his head, 
failed to report to training, and was found sleeping while posted as a sentinel at Camp Pinchot.  For 
these offenses, he received three Letters of Reprimand, two Letters of Counseling, an Article  15, 
and a Vacation Action.  Copies of the supporting documents are attached to the notification 
memorandum (Tab 1). 

4.  EVIDENCE CONSIDERED FOR THE RESPONDENT: The respondent is a 23 year old, 
Security Policeman who enlisted in the Air Force on 8 Oct 97.  He was assigned to his current unit 
on 17 May 01.  After being notified of his rights, the respondent consulted counsel and submitted a 
response to the discharge action (Tab 2 & 3).  In his response, the respondent says that he does not 
agree with the actions taken against him.  He believes he has a personality conflict with his 
supervisor.  He says that he was treated differently and that he requested a new supervisor to resolve 
the conflict.  He believes his service record prior to being stationed at Eglin supports his position. 
He asks to be retained in the Air Force.  If he is discharged, he requests an honorable service 
characterization. 

5.  DISCUSSION: 

a.  Separation Criteria: A1 C 

nduct reflects poorly upon himself and the Air Force.  He 
has demonstrated that he cannot follow basic military rules and regulations by being disrespectful to 
an NCO, failing to go to his scheduled appointments, failing to safeguard Air Force property, and 

failing to maintain proper dress and appearance.  The respondent states that although the paper trail 
looks bad, it is not what it appears.  He discusses an incident that occurred on 7 May.  This incident 
is documented by a memo for record in his PIF, but it is not cited as a basis for this discharge 
action.  The respondent also discusses a LOC he received for not safeguarding his "A" bag.  Even if 
this LOC were removed from the discharge package, there is still a basis for discharge.  The 
respondent has been given opportunities to improve his conduct and performance and his failures have 
been documented in Letters of Reprimand, Letters of Counseling, three Article  15s and Vacation 
Action.  This file is legally sufficient to support discharge under AFPD 36-32 and AFI 36-3208, 
chapter 5, section H, paragraph 5.49 for minor disciplinary infractions. 

b.  Character of Discharge: Pursuant to AFPD 36-32 and AFI 36-3208, chapter 5, section H, 
paragraph 5.49, an airman may be administratively discharged if he has engaged in misconduct 
consisting solely of minor disciplinary infractions.  Because the basis is misconduct, discharge under 
paragraph 5.49 can be characterized as under other than honorable conditions (UOTHC), general, or 
honorable.  Only the General Courts-Martial Convening Authority can approve a UOTHC or 
honorable service characterization for misconduct.  A UOTHC discharge is appropriate when there 
has been a pattern of behavior or one or more acts or omissions that constitute a significant 
departure from the conduct expected of airmen.  A general discharge is warranted when an airman's 
service has been honest and faithful, but significant negative aspects of the airman's performance of 
duty outweigh positive aspects of the airman's military record.  An honorable discharge would be 
appropriate when the quality of the airman's service generally has met Air Force standards of 
acceptable conduct and duty performance or the member's service has been so meritorious that any 
other characterization would be clearly inappropriate. 

c.  Characterization of Respondent's Service: An honorable discharge would be inappropriate, as it 

k

,

a

n

would, for all intents and purposes, excuse the respondent's misconduct.  However, considering A1 C 
C, which is the worst 
isconduct is a significant 

 age, and length of service, I do not recommend he rec 
type of administrative discharge authorized.  Without a doubt, AlC 
hat outweighs any positive aspects of his military r 
commendation that the respondent receive a general discharge. 

re, I concur with 

d.  Probation & Rehabilitation (P&R'): The respondent is eligible for P&R under AFI 36-3208, 

Chapter 7.  Probation and Rehabilitation is limited to deserving cases, including those where the 
airman has demonstrated a potential to serve satisfactorily, has the capacity to be rehabilitated for 
continued military service or for completion of the current enlistment, or whose retention on active 
duty in a probationary status is consistent with maintaining good order and discipline in the Air Force. 
Past rehabilitative efforts exerted on the respondent have been unsuccessful.  The respondent was 
offered a type of P&R previously and he failed to avail himself of it.  He was given a suspended 
punishment in his Article 15 proceeding for failing to report to training.  Approximately 3 months after 
receiving a suspended punishment, Arnn Spear was in trouble and his suspension had to be vacated. 
Arnn Spear has demonstrated either an inability or unwillingness to comply with our rules and 
standards.  For these reasons, I concur with Lt ~ol-on-recommendation 
Consequently, P&R is not recommended in this case. 

for P&R. 

6.  OPTIONS: As the Special Courts-Martial Convening Authority in this case, you have the following 
options: 

a.  Disapprove the discharge action and retain the respondent; 

b.  Approve the discharge action and separate the respondent with a general discharge, 

with or without P&R; 

c.  Return the file to the unit with a recommendation to reinitiate the case with a 

recommendation for a UOTHC discharge; or 

' 

d.  Forward the discharge package to the General Courts-Martial Convening Authority, along with 

your recommendation that the respondent receive an honorable discharge, with or without P&R. 

Y' 

7.  RECOMMENDATION: F& the reasons set forth above, I recommend the respondent be 
discharged from the United States Air Force under AFPD 36-32 and AFI 36-3208, chapter 5, section 
H, paragraph 5.49, with a general discharge, without P&R. 

I have reviewed the attached discharge package and the foregoing recommendation.  I concur in the 
recommendation. 

Attachment: 
Case ~il- 

Deputy Staff Judge Advocate 

DEPARTMENT OF THE AIR  FORCE 

H E A D Q U A R T E R S   9 6 T H  A I R   B A S E  W I N G   ( A F M C )  

E G L l N   A I R   F O R C E  B A S E   F L O R I D A  

MEMORANDUM  FOR A 1

~

SFS (WMC) 

0

0 6  CEC  2001 

FROM: 96 SFS/CC 

SITBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct, 
specifically Minor Disciplinary Infractions.  The authority for t h s  action is AFPD 36-32 and AFI 
36-3208, chapter 5, section H, paragraph 5.49.  If my recommendation  is approved, your service 
will be characterized as honorable, general, or under other than honorable conditions.  I am 
recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 1 1 Feb 01, you were disrespectful to an NCO.  You were informed that you were 

Oneeded to fill a short notice slot in a training class and you informed the NCO that you "were 
going to try to hurt someone in the class."  For t h s  incident, you received a Letter of Reprimand, 
dated 17 Feb 01. 

b.  On 15 Feb 0 1, you failed to go to a scheduled M- 16lM-9 firing appointment.  For this 

incident, you received a Letter of Counseling, dated  17 Feb 0 1. 

c.  On 24 Feb 01, you failed to shave before work.  Furthermore, when questioned about 
it you lied and stated that you had just  come off a shaving waiver.  For this incident, you received 
a Letter of Counseling, dated 25 Feb 0 1. 

d.  On 25 Mar 0 1, you failed to safeguard Air Force property.  You were assigned an "A" 
, bag, which you left unattended.  The bag was stolen and approximately $1700 worth of Air Force 

property was lost.  For this incident, you received a Letter of Counseling, dated 25 Mar 01. 

e.  On 27 Apr 0 1, you wore wrong uniform for duty.  You were scheduled to wear Blues 

and you wore BDUs.  For this incident, you received a Letter of Reprimand, dated 27 Apr 0 1. 

f.  On 27 Apr 01, you were failed to maintain proper dress and appearance.  You were 

seen at the West Gate Shoppette with your BDU blouse unbuttoned completely, BDU pants un- 
bloused and hanging over your boots and a "skull  cap" on your head.  For this incident, you 
received a Letter of Reprimand, dated 30 Apr 0 1. 

g.  On 27 Aug 0 1, you failed to report to training.  For this incident, you received an 

Article IS, dated 25 Sep 0 1. 

h.  On 19 Nov 0 1, you were found sleeping at your post while posted as a sentinel at 

Camp Pinchot.  For this incident, you received a Vacation Action, dated 3 Dec 0 1. 

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.  Special pay, bonuses, or education issistance funds may be 
subject to recoupment . 

4.  You have the right to consult counsel.  Military 
I have made an appointment for you to consult Cap 
7 Dec at 1400 hours.  You may consult civilian counsel at your own expense. 

been obtained to assist you. 
t building 45 1,882-41 85, on 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays from today 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 on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You will complete a medical examination with the 96th Medical Group, physical examination 
section on at 12 Dec at 0715 hours. 

8 .  You have been scheduled for an appointment with the 96th Mission Support Squadron, 
Geparation section, on 10 Dec 01, at 0930 hours. 

9.  Immediately after completion of your 96th Mission Support Squadron separation section 
briefing, report to the 96th Traffic Management Office with your completed AFDTC Form 4 134 
or LGTT Office Form B133.  If you have a TMO pickup, it must be befor'e 14 Dec 01. 

10.  You are required to receive a brieftng from the Family Support Center prior to your 
separation.  You have been scheduled to receive your Transition Assistance Management 
Program (TAMP) briefing on  11 Dec 01, at 0800 hours. 

I 1.  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 your unit orderly room. 

. 12.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 

constitute a waiver of vour rieht to do so. 

Commander 

2 Attachments: 
1.  Supporting Documents 
la. LOR, dated 1 7 Feb 0 1. 
1 b. LOC, dated  17 Feb 01. 
lc. LOC, dated 25 Feb 01. 
1 d. LOC, dated 25 Mar 0 I .  
1 e. LOR, dated 30 Apr 0 I. 
1 f. LOR, dated 30 Apr 0 1. 
lg. Article 15, dated 25 Sep 01. 
1 h. Vacation Action, dated 3 Dec 0 1 
2. Airman Acknowledgement