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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE 1NITML) 

MEMBER SITTING 

GRADE 

AFSNISSAN 

I 

I  AIC 
I  Florida Department of Veteran's Affairs 

1  (  ORDER APPOINTING THE BOARD 
2  (  APPLICATION FOR  REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
I  4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
1  TAPE RECORDING OF PERSONAL APPEARANCE 

1 

HEARING DATE 

19 Apr 2004 

CASE NUMBER 

FD-2003-00100 

Case heard via video-teleconference from Fort Gilliam, Georgia to Andrews AFB, Maryland. 

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR 

To: 

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

AFHQ FORM 0-2077, JAN 00 

FROM: 

SECRETARY OF TAE AIR FORCE PERSONNEL COUNCIL. 
AIR FORCE DlSCMRGE REVIEW BOARD 
1535 COMMAND DR EE WING, 3RD FLQOR 
ANDREWS AFB. MD 20762-7002 

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Previous edition wiil be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00100 

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

ith the Discharge Review Board (DRB), and 
The applicant appeared and testified via v 
f the Florida Department of Veteran's Affairs, 
was represented by -and 
at Fort Gillem, Georgia, on 19 April 2004.  The following additional exhibits were submitted at the hearing: 

Exhibit 5:  Applicant's contentions. 
Exhibit 6:  Florida State Attorney Letter, 27 Feb 04 
Exhibit 7:  Collier Co. Sheriff Department Letter, 17 Nov 03 
Exhibit 8:  USA Parking University Letter 
Exhibit 9:  Certificate of Recognition, USA Parking, Jan 2003 
Exhibit 10:  Administrative Discharge Action Letter fiom WR-ALCICC 
Exhibit 1 1 : Receipt Notification Memorandum 

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 justifjr a change of discharge. 

ISSUE: 

The applicant was discharged with an Under Other Than Honorable Conditions Discharge for Misconduct by 
committing  Minor  Disciplinary  Infractions  and  Drug  Abuse.  Member  received  two  Article  15s  for 
unlawfblly operating a vehicle with suspended driving privileges and failure to go to his place of duty.  He 
also received three Letters of Reprimand for failure to go, late for work, and for disobeying a l a f i l  general 
order  by  failing  to  maintain  a  current  driver's  license  and  operating  a  vehicle  without  a  valid  license. 
Additionally, he received three Letters of Counseling for being late to work and failing to show respect and 
courtesy to supervisors, and disrespecting an NCO.  The applicant requests an upgrade of his discharge to 
better his  employment  opportunities and  he  was  concerned that  his  discharge package  was  not  correctly 
executed.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no 
inequity or impropriety in his discharge was  suggested or  found in the course of the hearing.  The Board 
concluded the misconduct of the applicant appropriately characterized his term of service. 

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 
upgrading the 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 SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTHC Disch fr USAF 1 May 02 UP AFI 36- 
3208, para 5.49 and 5.54  (Misconduct -  Minor Disciplinary Infractions and Drug 
Abuse).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 30 Oct 79.  Enlmt Age: 19 2/12.  Disch Age: 22 6/12. Educ: H;S  DIPL. 
AFQT: N/A.  A-80,  E-57,  G-50,  M-86. PAFSC: 2A652 - Aerospace Ground Equipment 
Journeyman. DAS: 30 Sep 99. 

b.  Prior Sv: (1) AFRes 27 Jan 99 -  2 Mar 99 (1 Month 4 Days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  3 Mar 99 for 6 yrs. Svd: 3 Yrs 1 Mo 29 Das, all AMS. 

b.  Grade Status:  A1C -  28 Mar 02, (Article 15, 28 Mar 02) 

SRA  -  17 A u ~  01 
A1C -  17 Apr 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 28 Mar 02, Robins AFB, GA -  Article 86.  You did, 

between on or about 19 Mar 02, and on or about 20 Mar 
02, violate a lawful general regulation, to wit: 
paragraph 2.5.1.1, AFI 31-204, Air Force Motor Vehicle 
Traffic Supervision, dated 14 Jul 00, by unlawfully 
operating a vehicle with suspended driving privileges. 
Reduction to AlC.  (No appeal)  (No mitigation) 

(2) 20 Mar 02, Robins AFB, GA -  Article 86.  You did, on or 

about 1 Mar 02, without authority, fail to go at the 
prescribed time to your appointed place of duty. 
Suspended reduction to AlC, and 30 days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOC, 01 FEB 02 -  Disrespect to an NCO. 

LOR, 30 OCT 01 -  Failure to go. 
LOR, 05 OCT 01 -  Late for work. 
LOCI 30 AUG 01 -  Late for work and failure to show respect 

LOR, 28 AUG 01 - Disobeyed a lawful general order by 

and courtesy to supervisors. 

failing to maintain a current driver's 
license, and operating a vehicle without a 
valid license. 

LOC, 05  FEB 0 1  -  Late for work. 

f.  CM:  None. 

g.  Record of SV: 3 Mar 99 -  2 Nov 00  Robins AFB  5  (Initial) 

3 Nov 00 -  2 Nov 01  Robins AFB  3  (Annual) 

(Discharged from Robins AFB) 

h.  Awards &  Decs:  AFAM, AFTR. 

i.  Stmt of Sv:  TMS: (3) Yrs  (3) Mos  (5) Das 

TAMS:  (3) Yrs  (1) Mos  (29) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 5   Mar 03. 

(Change Discharge to Honorable) 

Issue 1:  Two additional documents.  Military looks to drugs for battle 

readings "Christain Science Monitorl1 and USAF pilots on speed "Talk left the 
politics of crime" I have included this  (sic) documents because it is unfair 
that I was separated for the same drugs you are giving pilots.  That is why I am 
requesting an upgrade to my discharge.  If Air Force pilots can stay active 
using the drugs "go pills" I would like for my discharge to be upgraded to 
Honorable.  I will continue to request an upgrade until I do. 

ATCH 
1. News Articles. 

DEPARTMENT OF THE AIR FORCE 

93@ Maintenance Squadron (ACC) 

ROBINS AIR FORCE BASE, GEORGIA 

?O 

FROM:  93 MXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions and Drug Abuse.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraphs 5.49 and 5.54.  If my recommendation is approved, your service will be characterized 
as Under Other Than Honorable Conditions. 

2.  My reasons for this action are: 

a.  On 5 Feb 01, you were derelict in the performance of your duties when you failed to go at 
the time prescribed to your appointed place of duty.  For this you received a Letter of Counseling 
(LOC), dated 5 Feb 01. 

b.  On 28 Aug 0 1, you received a Letter of Reprimand (LOR) for operating a motor vehicle 

on Robins AFB without a valid driver's  license after previously being ordered not to do so. 

c.  On 30 Aug 01, you received an LOC for failing to be present at the time prescrjbed at your 

appointed  place of duty and being disrespectful to an NCO. 

d.  On 19 Sep 01, your EPR performance feedback documented unsatisfactory conduct and 

work performance. 

e.  On 5 Oct 01, you failed to go at the time prescribed to your appointed place of duty.  For 

this you received an LOR, dated 5 Oct 01. 

f.  On 30 Oct 01, you failed to go at the time prescribed to your appointed place of duty.  For 
this you received an (LOR) and an Unfavorable Information File (UIF) was initiated on you on 8 
Nov 01. 

g.  On 3 1 Jan 02, you were disrespectful to an NCO, for which you received an LOC dated 

1 Feb 02. 

h.  On 1 Mar 02, you failed to go to your prescribed place of duty.  You were received 

punishment under Article  I 5  of the UCMJ. 

i. On 19 Mar.02, you violated a lawful general order by operating your automobile on 

Robins AFB, without a valid driver's  license and received punishment under ~ r t i c l e  15 of the 
UCMJ. 

j. The results of a commander-directed urinalysis test of your urine sample provided on 

f  29 Jan 02 indicated wrongful uses of amphetamine and methamphetamine. 
3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising GCM jurisdiction  will ultimately 
decide whether you will be discharged or retained in the Air Force and if you are discharged, 
how your service ~vill be characterized.  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, 6-5852, at Building 
368, on 9Apr 02 at 0900 hours.  You may consult civilian counsel at your own expense. 

5.  Confer with your counsel and reply, in writing, within seven dutv days of the date of this 
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letter specifjrlng the rights you choose to exercise.  The statement must be signed in the presence 
of your counsel who also will sign it.  If you waive your right to a hearing before an 
administrative discharge board, you may submit written statements in your own behalf.  I will 
send the statements to the discharge authority with the case file to be considered with this 
recommendation.  If you fail to respond, your failure will constitute a waiver of the right to the 
board hearing. 

6.  The discharge board or, the discharge authority will make the finding and recommendations 
required under 10 U.S.C. 2005(g). 

7.  You have been scheduled for a physical examination on 10 Apr 02 at 0800, Building 
700A hours to fill out paperwork. Your follow-up appointment will be at Family Practice, 
Building 700A, at 0830 hours.  You nzrrst be in uniform and 011  time in order to keep the 
scheduled appoiizbncilr. 

8.  You have been scheduled for an initial briefing at separations with ~lc-ldg 
905,7-7348, on 10 -4pr 02 at 0900 hours.  Please bring an escort from  your unit for 
assistance. 

9.  Any personal information you firnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3205 is available for your use at the Area Defense Counsel or your unit orderly 
room. 

Commander 

Attachments: 
 1 .Supporting Documents 

8 .

a.  AF Form  174, dtd 5 Feb 01 
b.  LOR w/ Atch (4 pages) - 28 Aug 01 
c.  AF Form  174, dtd 30 Aug 01 
d.  LOR, dtd 19 Sep 01 
e.  MFR, Out-of-Cycle Feedback, dtd  19 Sep 01 
f.  LOR (2 pages), dtd 5 Oct 01 
g.  LOR (2 pages), dtd 30 Oct 01 
h.  AF Form  1058, dtd 8 Nov 01 
i.  AF Form  174, dtd  1 Feb 02 
j.  AF Form 3070 wIAtch (9 pages), dtd 7 Mar 02 
k.  AF Form 3070 w1Atch (4 pages), dtd 27 Mar 02 
j.  Memorandum,dtd29 Jan02 
k.  Memorandum, dtd  19 Feb 02 

2.  Airman's  Receipt of Notification Memorandum