AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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TkPE GEN 

PERSONAL APPEARANCE 

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CO"sg NAME OF COUNSEL AND OR ORGANIZATION 

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MEMBER SITTING 

GRADE 

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RECORD REVIEW 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

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1 

HON 

VOTE OF THE BOARD 

I  G L N T U O T H C  

1  OTHER 

I  DENY 

I l s s u r s   A91.06 

HEARING  DATE 

1  l l  Mar 2004 

INDEX  NI'.1lUKH 

A49.00 

% 

CASE NUMBER 

I  FD-2003-00198 

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EXHIBITS SUBMITTED TO THE BOARD 

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ORDER APPOINTING THE BO.LUZD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHlBlTS SUBMITTED AT 1 IME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

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2 
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4 

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APPLICAM'S  ISSW AND THEBOARD'S DECISIONAL RATIONAL W DlSCUSSEDON THE ATTACHED AIRFORCE DISCHARGE RE.\'ltW  BOARD DECISIONAL RATlON.4LE 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

T WEST,  SUITE 40 
AFB, TX 78150-4742 

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

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00198 

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

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:  The discharge is upgraded  to  Honorable.  However,  change  of reason  and  authority  for  the 
discharge and change of reenlistment code are denied. 

The Board finds that the evidence of record  does substantiate  an impropriety  that would justify  a change of 
discharge.  The Board finds the applicant's  characterization of discharge improper. 

ISSUE: 

The applicant submitted no issues and requested  that the review be completed  based on the available  service 
record.  The Board reviewed the entire record and found evidence of an impropriety in this case on which to 
base an upgrade of discharge.  The administrative discharge notification letter indicated that the member was 
being  discharged for Unsatisfactory  Performance  due  to  Failure to  Progress  in  On-The-Job Training.  The 
letter made no mention of any misconduct  on the part of the applicant which would be used in characterizing 
his  service.  Nonetheless,  the  separation authority  was  advised  that  he  could use  the minor  misconduct  in 
evaluating  the member's  service.  The DRB  concluded that  the  separation authority's  consideration  of the 
misconduct, in this case, was improper.  Without misconduct or proof that the member deliberately failed in 
his OJT, he would have received an Honorable. 

CONCLUSIONS: 

The Board  concluded that the applicant's  discharge was not  consistent  with the procedural  and  substantive 
requirements  of the  discharge regulation  and  that  the  improprieties  in  this  record  require  a  change to  his 
service characterization.  The Board concluded that the applicant's  service is more accurately reflected by an 
Honorable discharge, 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 A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 17 May 02 UP AFI 36- 
3208, para 5.26.3 (Unsatisfactory Performance).  Appeals for an Honorable 
Discharge, to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Aug 79. Enlmt Age: 18 10/12.  Disch Age: 22 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-68,  E-40,  G-42,  M-38. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 15 Mar 99. 

b.  Prior Sv: (1) AFRes 8 Jul 98 -  6 Oct 98  (2 months 29 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 7 Oct 98 for 6 yrs. Svd: 3 Yrs 7 Mo 11 Das, of which AMS 

is 3 yrs 7  months 10 days  (exludes 1 day lost day). 

b.  Grade Status:  A1C -  22 Nov 98 

c.  Time Lost:  4 Apr 01 thru 5 Apr 01 (1 day). 

d.  Art 15's:  None. 

e.  Additional: Student History Query, 2 May 02 -  CDC Failures. 
LOR, 04 FEB 01 -  Speeding and wreckless driving. 
LOR, 10 AUG 00 -  Failure to go. 
LOR, 27 JUL 00 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 07 Oct 98 -  15 Apr 00  Tinker AFB  5  (HAF Dir) 

16 Apr 00 -  15 Apr 01  Tinker AFB  1  (Annua1)REF 
16 Apr 01 -  15 Apr 02  Tinker AFB  2  (Annual) 

(Discharged from Tinker AFB) 

h.  Awards &  Decs:  AFTR, HSM, NDSM, SAEMR W/1 DEV, AFEM, AFAM. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (10) Mos  ( 9 )  Das 
TAMS: (3) Yrs  (7) Mos  (10) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 14 Apr 03. 

(Change Discharge to Honorable, Change the RE Code, Reason and Authority for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Notification Memorandum. 
2.  Student History Query. 
3.  On-The-Job Training Record. 
4. Statement of Suspect/Witness/Complainant 
5 .  List of USAF Achievements. 
6. DANTES Test Log. 
7. Air  Force Achievement Medal. 
8. DD Form 214. 

MEMORANDUM FOR WHOM IT MAY CONCERN 

FROM: 

SUBJECT:  Change of discharge 

i. On May 17 of 2002 I was discharged Under Honorable Conditions (General) 
from the United States Air Force.  I feel the type of discharge that I received 
was inappropriate and unjust.  I am asking for your consideration to properly 
change the discharge to an Honorable enabling me to reenter the United States 
Air force and complete the goals I set for myself when I joined in October of 
1998. Thank you for you time in reviewing my request. 

2.  I entered the United States Air Force on October 7 of 1998 with the intention of 
being one of the best troops to serve my country.  I pursued the Security Police 
career field because I love to help people and to hopefilly make a difference in 
other peoples lives.  On March 15, 1999 I was stationed at Tinker A.F.B.  in 
Oklahoma.  I loved my job and was eager to start achieving my goals.  I 
received a (5) on my first Enlisted Performance Report (EPR).  I was then given 
my CDC's , which consisted of three training volumes: Law Enforcement, 
Security, and Ground Base Defense.  I was eager and excited to successfblly 
complete my CDC's.  I started and completed my first volume.  I passed with 
an 84% on my £irst  set and an 83% on my  second set. Due to the following 
circumstances I was not as successful with my third and final test.  In October 
or 1999 I went on a short deployment to Las Vegas, when I returned my wife 
was packing to move out she told me she had been cheating on me and no 
longer wanted to be married. I tried to convince her we could make things work 
but she disagreed and we both went our separate ways.  So after only being 
married a short five months my divorce was final in December of 1999 and if 
affected me greatly.  I received no support or help fiom my supervisor during 
this time.  I felt my divorce made me a failure and subsequently lost focus on 
my goals.  I then volunteered to go on a three-month deployment to try and get 
away and move on. I believed this TDY would help my package for below the 
zone, which I was up for while deployed to the desert.  Below the zone was a 
chance to be promoted in rank a little faster, which was one of my main goals 
when entering the military.  I gave all my achievements to my Supervisor SSgt 

and he insured me he would work on it and turn it in. While in the desert I 

got involved in the K-9 program where I became wrap certified.  This 
certification enabled me to assist the dog handlers in the training of military 

"  there was notlung they could do but talk to him because I gave him full power 
to 

of attorney.  A couple of days later I approached my supervisor 
see if I received below the zone.  He said he turned it in and unfortunately I 
didn't get it.  Later, after doing research found that my package was never 
turned in.  I was devastated I felt I had been let down by my ex-wife, my best 
fiend, and my supervisor all within a six-month time.  I asked to get a change 
in supervisors because I felt he was not Ilfilling his duties as my supervisor.  I 
had another supervisor talk with my supervisor and my first shirt. He 
volunteered to take me as one of his troops but the h t
stay where I was. 

 shirt decided I needed to 

police dogs.  Unfortunately I also gave my best friend since Tech school power 
of attorney and complete control of my  fjnances. It was his job to make sure all 
my hancial obligations were taken care of while I was TDY.  However while I 
was TDY he was spending all of my money and paying none of my bills.  I was 
not notified of the situation until a few short weeks before my return and at that 
point all of my bills were delinquent and we had been evicted fiom our 
apartment.  Upon my return I told my chain of command and was informed 

3.  On July 21 of 2000 I had a weapons firing appointment that I missed due 

staying up late studying for my final CDC test I was to take the following week. 
I received a letter of reprimand (LOR) which I thought was a bit harsh since I 
had never been late or missed any scheduled appointments before.  I had also 
never received a verbal counseling or a letter of counseling for a missed 
appointment.  I couldn't  focus on my  CDC test and scored a 63%, two points 
from passing.  I asked my supervisor to temporarily remove me f?om the CDC 
program until I got things straightened out.  He refbed and said I had less than 
two-months to take it again.  I was given no help or assistance studying fkom 
my supervisor or any of my peers while on duty.  I was told it was my 
responsibility to do it on my own in my ftee time. At this point my hopes and 
goals for my military career seemed to be slipping away.  I spoke with my 
supervisor and he scheduled an appointment to speak with first shirt to explore 
my options.  When I showed up for the meeting I believed I was there to find a 
way past my current problems.  However, instead of helping me I felt I was 
threatened, they both said I either suck it up or go to jail.  I felt my supervisor 
should have helped and supported me with my problems not threaten me.  I 
took my final CDC test on September 22 of 2000.  I failed my test and was 
removed fiom the CDC program.  After I failed my test the second time SSgt 
a p p r o a c h e d  one of the other men who took their test with me he signed a 
statement saying I was only in the testing room for approximately five minutes. 
I knew his statement was untrue and proved it by acquiring the test log for the 
day, which shows I was there for 52 minutes.  Because of test failure I could not 

be promoted,  I went for counseling to try and resolve some of the problems I 
was facing.  They decided it was best to put me on weapon restriction.  A short 
time later my weapon restriction was removed and I was starling to get back on 
track. 

4.  In April of 2001 I was riding with a couple of guys and we stopped out in a 

field off an old dirt road someone notified the police we were there and we were 
arrested for trespassing.  I was unaware it was private property.  One of the men 

"  in the car had some illegal substances.  Charges were dropped on me but the 

military took over and decided to do an investigation.  The military immediately 
after being released fiom jail had me submit to a drug test, which I passed. 
They relieved me of duty and took months to do the investigation.  OSBI was 
doing the investigation and they continually harassed my fiends to try and get 
them to make statements against me by telling them I had made incriminating 
statements against them.  During the time I was off duty everyone referred me 
as a "dirtbag"  and other inappropriate names.  Rumors about the incident started 
to circulate throughout the squadron, all of which had no truth to them.  I was 
picking up cigarette butts and filling sand bags on a daily basis and being given 
other demeaning tasks that I felt were punishments even though I was not 
charged or guilty of any crime I was not allowed to return to normal duty posts. 
I requested that I wanted out of the military because even after the investigation 
was complete and I was cleared of all offenses people still looked down on me. 
I was up for another EPR and was given a (1).  I felt the score was Must and so 
did many other people.  I was doing many good things as shown in my 
attachments but I felt the score given to me was because of my arrest.  I wrote a 
rebuttal but it was denied.  After the investigation they still kept me off duty, I 
couldn't plan my life or pursue any goals. I was repeatedly given dates as to 
when I would be discharged and time and time again those dates passed and I 
was told something new. I didn't realize that it would be May  12 of 2002 until I 
would be discharged. 

5.  In closing I would like to ask you to let me have the opportunity to be able to 

return back to the military.  Even though many things happened I realized that I 
really enjoyed the military life and I know I would be a great asset to the 
U.S.A.F. when given the chance. I want nothing more than to make the military 
my life career. I have a beautifbl wife and child and want them to be proud of 
everything I do in life and I feel a career in the U.S.A.F. is something we can all 
be proud of.  Again thank you for your time to review this matter. 

Attachments : 

(a) Notification Memorandum 
(b) Achievement paper 
(c) CDC Test Log 
Ed) Achievement medal certificate 
(e) Certificate of Release or Discharge Itom Active Duty 

DEPARTMENT OF THE AIR FORCE 

72d SECURITY FORCES SQUADRON (AFMC) 

TINKER AIR FORCE BASE, OKLAHOMA 

8 May 2002 

FROM:  72 SFSICC 

Tinker AFB OK  73 145 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Unsatisfactory 
Performance.  My authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.26.3, 
Failure to Progress in On-The-Job Training.  If my recommendation is approved, your service 
will be characterized as honorable or general.  I am recommending that your service be 
characterized as general. 

2.  My reasons for this action are: 

a.  You were enrolled in CDC course # 3P05 1B.  Over a period of time, you were trained 
over each volume of study.  On 28 Jul00 you took the first final testing over the CDC course and 
scored 63% on that test.  After more studying, you then took the final test the second time, 
scoring only 47% on that test.  You failed the CDC course. 

b.  You made statements to SSgOllllLand your first sergeant to the effect that jrou  would 

do anything to be able to separate from the Air Force.  You also stated to ssgt-hat 
would not be threatened, and that ssg-eeded 
finished.  See Atch 1.  Your attitude and performance do not make you a good candidate for 
retention and subsequent training.  See Atch 2 

to do what had to be done because you were 

you 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached. The conlmander 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. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
1 have made arrangements for you to consult cap-t 
Bldg 452, Tinker AFB 
OK on 9 May 2002, at 1030 hours.  If it is necessary to change this appointment time, call Capt 
-office 

at 4051739-77 13.  You may consult civilian counsel at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  13 May 2002, unless you request and receive 
an extension for good cause shown.  I will send them to the separation authority. 

5.  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. 

6.  You are scheduled for a medical examination on 9 May 02 at 0830 hours, and you should 
kport, in uniform, to the Tinker AFB Hospital, Physical Exam Section, on that date for the 
examination.  You should take your I.D. card, shot records, and dog tags to the appointment. 

7.  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 the orderly room. 

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

Attachments: 
1.  CDC Course Test Failures 
2.  Stmts of Thomas, Adkison & Ward 
3.  Acknowledgment Ltr