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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NARLE O F  SERVICE MEMBER (LAST, FIRST MlDDLE INITIAL) 

GRADE 

AFSNISSAN 

MEMBER SITTING 

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X 

X 

X 

X 

X 

A67.10 0 

1  /  ORDER APPOINTING THE BOARD 
(  2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

'.-....-.-......-.---------- 
ISSUES  A94.05 

1  INDEX NUMBER 

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HEARING DATE 

CASE NUMBER 

PERSONAL APPEARANCE 

1  TAPE RECORDMG OF PERSONAL APPEARANCE 

I 

12 May 2004 
APPLICANTS  ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED  AIR  FORCE DISCHARGE REVIEW  BOARD DECISIONAL  RATIONALE 

FD-2003-00068 

I 

I 

I 

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: 

SAFNRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

INDORSEhlENT 

- 
FROM: 

DATE:  5/32/2004 
. .  -- 

SECRETARY  OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR, EE WING. 3RD 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 KATIONALE 

CASE NUMBER 

FD-2003-00068 

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. 

ISSUE:  Applicant  contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant  received  an  Article  15, four  Letters  of  Reprimand,  and  four  Letters  of  Counseling  for  various 
misconduct.  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 

- 1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF 30 Jan 01 UP AFI 36- 

3208, para 5.49 (Misconduct -  Minor Disciplinary ~nfractions) .  Appeals for 
Honorable Discharge. 

AIR FORCE DISCHARGE REVIEW BOARD 

DEPARTMENT OF THE AIR  FORCE 

(Former AMN)  (HGH A1C) 

ANDREWS AFB, MD 

2.  BACKGROUND: 

a. DOB: 28 Mar 79. Enlmt Age: 18 11/12.  Disch Age:21 10/12. Educ: HS DIPL. 
AFQT: N/A.  A-56,  E-35,  G-39,  M-46. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 21 Sep 98. 

b.  Prior Sv:  (1) AFRes 20 Mar 98 -  1 Apr 98 (13 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  2 Apr 98 for 4 yrs. Svd: 2 Yrs 9 Mo 29 Das, all AMS 

b.  Grade Status:  AMN -  7 Dec 00 (Article 15, 7 Dec 00) 

A1C -  2 A u ~  99 
AMN -  2 Oct 98 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 7 Dec 00, Vandenberg AFB, CA  -  Article 121.  You did, 
on or about 9 Nov 00, steal a compact disc, of a value 
of $100.00 or less, the property of - - - - - - -  .  Reduction 
to A m ,  suspended forfeiture of $250.00 pay per month 
for two months, and 45 days restriction. (No appeal) (No 
mitigation) 

e.  Additional: LOCI 

05 DEC 00 -  Failure to show for mandatory report 

times. 

LOR, 
LOCI 
LOR, 
LOR, 

06 NOV 00 -  Disrespect towards an NCO. 
05 SEP 00 -  Late for work. 
27 MAY 00 -  Failure to go. 
12 APR 00 -  Failure to obey an order and late for 

LOC , 

04 APR 00 -  Absent without leave and disobeying a 

duty. 

lawful order. 

04 Apr 00 -  Failure to obey an order by departing on 

leave without the required signature or 
leave number. 

LOR, 

11 NOV 99 -  Failure to report for scheduled weapons 

firing. 

f.  CM:  None. 

g.  Record of SV: 2 Apr 98 -  1 Dec 99  Vandenberg AFB  4  (Initial) 
2 Dec 99 -  15 Dec 00 Vandenberg AFB  3  (Annual) 

(Discharged from Vandenberg AFB) 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS: (2) Yrs  (10) Mos  (11) Das 

TAMS: (2) Yrs  (9) MOS (29) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Feb 03. 

(Change Discharge to Honorable) 

Issue 1:  I - - - - - -  , am submitting to the review board a request to have my 
General under Honorable Discharge upgraded to an Honorable Discharge from Sept 
98 to Jan 01.  I served at Vandenberg Air Force Base attached to the 3oth 
Security Forces Squadron.  During my tour of duty assigned to the 3oth Security 
Forces Squadron our unit was awarded best large Security Forces Squadron for 
2001.  My Certificate reads: A1C - - - - - - -   was a member in good standing for this 
selected squadron and made significant contributions in attaining that goal, 
there by earning the right to be known as "One of the best cops in Air Force 
Space Command."  I joined the Air Force to serve my family and country, with 
honor.  Problems within my family which have led to divorce and the loss of my 
children today did cause some bad judgments on my part then.  The life 
experiences I gained through my service in the Air Force has, I believe made me 
grow, and helped make me a better man.  I thank you for your time, and urge you 
to upgrade my discharge to that of an Honorable. 

ATCH 
1. Applicant's Issues. 

i I 
i  1 
DEPARTMENT OF THE AIR  FORCE 

30TH SPACE WING (AFSPC) 

f i 2 # 3 4 ~ 0  68 

JAN  8 2001 

MEMORANDUM FOR AO 

FROM:  30 SFS/CC 

SUBJECT: Notification of Administrative Discharge Action Under AFI 36-3208 

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 discharge may be characterized as Honorable, or General, 
Under Honorable Conditions.  Copies of the documents to be forwarded to the separation 
authority in support of this recommendation are attached.  I am recommending that your 
discharge be characterized as General, Under Honorable Conditions. 

2.  My reasons for this action are: 

a.  On or about 10 Nov 99, you failed to report for a scheduled weapons firing. For this 
misconduct you received a Letter of Reprimand (LOR), dated I 1 Nov 99. 

b.  On or about 4 Apr 00, you failed to report for duty. For this misbehavior you received 
a LOR, dated 4 Apr 00. 

c.  On or about 26 Mar 00, you failed to obtain a leave number prior to departing on 
leave. For this misconduct you received a Letter of Counseling (LOC), dated 4 Apr 00. 

d.  On or about 9 Apr 00 and  12 Apr 00, you failed to show for mandatory formations. 
For this misconduct you received a LOR, dated 12 Apr 00. 

e.  On or about 15 May 00, you failed to show for a dental appointment. For this 
wrongdoing you received a LOR, dated 27 May 00. This information was used to 
establish an Unfavorable Information File (UIF). 

f.  On or about 3 Sep 00, you failed to report for duty on time. For this transgression you 
received a LOC, dated 5 Sep 00. 

g.  On or about 3 1 Oct 00 you were involved in a verbal incident in which you showed 
disrespect towards an NCO. For this misconduct you received a LOR, dated 6 Nov 00. 

h.  On or about 5 Dec 00, you failed to show for two mandatory report times. For these 
misdeeds you received a LOR, dated 5 Dec 00. 

GUARDIANS OF THE HIGH FRONTIER 

i.  On or about 9 Nov 00, you stole a compact disc from the Vandenberg Main Exchange. 
For this action you received an Article 15 dated 7 Dec 00. Punishment consisted of 
reduction to the grade of Airman, forfeiture of $250.00 pay per month for 2 months 
suspended until 6 Jun 01, and restriction to Vandenberg AFB, CA for 45 days. This 
information was added to your UIF. 

. 

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 and, if 
discharge action is approved, how your discharge will be characterized.  If you are discharged, 
you will be ineligible for reenlistment in the Air Force.  Furthermore, any special pay, bonuses, 
or education assistance you have received may be subject to recoupment. 

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 Capt : --- --- -- - - m a  : " a t  
Counsel, Building 8500, ext. 6-3627128, at  ocz.5 
hours on 
may consult civilian counsel at your own expense. 

the Area Defense 

, - - - - - - - - - - - 

.  You 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me by 
and receive an extension for good cause shown.  I will send them to the separation authority. 

t  t  r~~ (3 duty days) unless you request 

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.  Any personal information you furnish in rebuttal to this action is covered by the Privacy Act 
of 1974.  A copy of AFI 36-3208 is available for your use at the office of the Area Defense 
Counsel, Building 8500. 

8.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Letter of Reprimand, 1 1 Nov 99 
2.  Letter of Reprimand, 4 Apr 00 
3.  Letter of Counseling, 4 Apr 00 
4.  Letter of Reprimand, 12 Apr 00 
5.  Letter of Reprimand, 27 May 00 
6.  AF Form 1058,16 Jun 00 
7.  Letter of Counseling, 5 Sep 00 
8.  Letter of Reprimand, 6 Nov 00 

9.  Letter of Counseling, 5 Dec 00 
10.  AF Form 3070,7 Dec 00