.  T 

AIR FORCE DISCHARGE REVIEW BOARD HEAFUNG RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE 

$i?dw-2a NAME OF COUNSEL AND OR ORGANIZATION 

X 

PERSONAL APPEARANCE 

YES 
X 

No 

I 

I 

GRADE 

I  AB 

AFSNISSAN 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 
GEORGIA DEPT OF VETERAN SERVICES 

MEMBER SITTING 

I 

HON 

I 

GEN 

I  UOTHC 

I  OTHER 

I  DENY 

HEARING DATE 

23 Apr 2004 

CASE NUMBER 

FD-2003-00265 

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

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

To.. 

/ 

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

FROM: 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCaARGE REVIEW BOARD 
1535 COMMAND D R  EE WING, 3RD FLOOR 
AKDREWS 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-2003-00265 

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

of the  Georgia Department of Veteran Services, 
The applicant appeared  with counsel 
and testified before the Discharge Re 
deo-teleconference with 
Fo 
Andrews AFB, MD, on April 23,2004.  His father, Col (USA) 

The following additional exhibits were submitted at the hearing: 

Exhibit 6:  Speech Certificate Award dated April 30,2003. 
Exhibit 7:  Atlanta Metro College Grades dated 200308. 
Exhibit 8:  Atlanta Metro College Grades dated 200305 
Exhibit 9:  Atlanta Metro College Grades dated 200302 
Exhibit 10: Atlanta Metro College Grades dated 200402 

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 ineqhity or impropriety that would justify a change of discharge 

ISSUE:  The applicant received a general discharge for conduct prejudicial to good order and discipline and 
cited three issues: 

Issue 1 : The applicant feels that the discharge was inequitable because it was too harsh considering the 
contribution he put forth toward the Air Force and his solid work ethic and performance in the military.  The 
Board noted that in the applicant's  almost 2.5 years of active military service, his record contains documents 
pertaining to one promotion (to the grade of AlC), one Enlisted Performance Report (an overall "4"  rating 
which was referral due to comments pertaining to an off-base DUI incident), a Letter of Evaluation and an 
Air Force Achievement Medal for outstanding achievement while deployed to a classified location, and a 
Letter of Appreciation for his contributions to a LGIOG Annual Awards Banquet. The Board also noted that 
the applicant's  file contained one RIC for failure to follow computer security measures, one LOR for an off- 
base arrest for driving under the influence of alcohol, and an Article 15 for wrongfully loaning an individual 
his military ID card, making a false official statement to his 1''  Sergeant three days later that he lost his 
military ID card, and two derelictions of duty two days apart for twice failing to refrain from driving on base 
while his base driving privileges were revoked  The DRB found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance and that the applicant had ample opportunities 
to change his negativelrepetitive behavior through these administrative actions. The Board concluded the 
disciplinary infractions were a significant departure from the conduct expected of all military members and 
found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The 
Board concluded the discharge was appropriate for the reasons which were the basis for this case. 

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as he is presently attending college. 
The Board was sympathetic to the impact the loss of these benefits is having on the applicant, but this is not 
a matter of inequity or impropriety which would warrant an upgrade of the applicant's  discharge. 

Issue 3:  The applicant stated that his post service achievements, character references, and report cards from 
college should be considered. The DRB was pleased to see that the applicant was doing well and appears to 

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 hrther 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 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANIIREWS AFB, MD 

MISSING MEDICAL RECORDS 

(Former AB)  (HGH A1C) 

FD2003-00265 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 15 Nov 02 UP AFI 36- 
3208, para 5.50 (Pattern of Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Mar 80.  Enlmt Age: 20 2/12.  Disch Age: 22 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-61,  E-39,  G-33,  M-36. PAFSC: 2T357 -  Vehicle Mahtenance Control 
&  Analysis Journeyman. DAS: 8 Oct 00. 

b.  Prior Sv:  (1) AFRes 31 May 00 -  06 Jun 00 (6 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  7 Jun 00 for 4 yrs. Svd: 2 Yrs 5 Mo 9 Das, all AMS 

b.  Grade Status:  AB  -  24 Sep 02 (Article 15, 24 Sep 02) 

A1C -  7 Apr 01 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 24 Sep 02, Mountain Home AFB, ID -  Article 134.  You 
did, at or near Boise, Idaho, on or about 1 May 02, 
wrongfully loan to an individual identified as "Blackn a 
military identification card in words and figures as 
follows: Department of Defense Form 2, Geneva Convention 
Identification Card, issued in your name, and containing 
your Social Security number, picture and signature. 
Article 107.  You did, at or near Mountain Home AFB, 
Idaho, with intent to deceive, make to MSgt 

an official statement, to wit:  You lost your 

military identification card on 4 May 02 in Boise, Idaho 
and discovered it missing on 5 May 02, which statement 
was totally false and was then known by you to be so 
false.  Article 92.  You, who should have known of your 
duties at or near Mountain Home AFB, Idaho, on or about 
13 Sep 02, were derelict in the performance of those 
duties in that you willfully failed to refrain from 
driving on base while your base driving privileges were 
revoked, as it was your duty to do.  You, who should 
have known of your duties, on or about 15 Sep 02, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from driving on base while 
your base driving privileges were revoked, as it was 
your duty to do.  Reduction to Airman Basic, 10 days 

restriction, and 10 days extra duty. (Appeal/Denied) (No 
mi tigation) 

e.  Additional: RIC, 24 AUG 01 -  Failure to use computer security measures. 

LOR, 01 MAY 01 -  Driving under the influence of alcohol. 

f.  CM:  None. 

g.  Record of SV: 07 Jun 00 -  06 Feb 00  Mountain Home AFB  4  (1nitial)REF 

(Discharged from Mountain Home AFB) 

h.  Awards &  Decs:  AFAM, AFTR, NDSM, AFOUA W/1 DEV. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (5) Mos  (16) Das 

TAMS: (2) Yrs  (5) Mos  (9) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 23 May 03. 

(Change Discharge to Honorable) 

Issue 1:  I ask that you please consider the following response before 

making any final decisions.  I understand that the offenses I have committed can 
neither be justified or acceptable.  I do feel that the achievements I have 
accomplished in the Air Force hugely outweigh the negative.  I believe that my 
discharge should be seriously looked upon and hopefully upgraded to an honorable 
discharge.  I feel this way because of my solid work ethic and performance in 
the military.  My discharge was inequitable because it was too harsh considering 
the contribution I have put forth towards the Air Force.  Having a general 
discharge eliminates me having the G.I. Bill and impedes my educational pursuit. 
The attachments I have listed above is my response to the situation.  My 
achievements, my character reference, and my report card from college of classes 
I have completed this year.  I hope that these attachments will help assist in 
making your decision.  All I ask for is a thorough review of my case and an 
opportunity to upgrade my discharge.  I thank you for your time and 
consideration. 

ATCH 
1. Response to Administrative Discharge Proceedings. 
2. Skill Level Upgrade Action. 
3. Letter of Appreciation. 
4. Letter of Evaluation. 
5. Air Force Achievement Medal. 
6. Character Reference. 
7. College Transcript. 

DEPARTMENT OF THE AIR FORCE 

366TH FIGHTER WNG (ACC) 

MOUNTAIN HOME AIR FORCE BASE, IDAHO 

FROM:  366 LRSICC 

QUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of Misconduct, 
specifically, Conduct  Prejudicial  to  Good  Order  and  Discipline.  The  authority  for  this  action  is 
AFPD 36-32 and AFI 36-3208, paragraph 5.50.  If my recommendation is approved, your service can 
be  characterized  as  honorable  or  general.  I  am  recommending your  service be  characterized as 
general. 

2.  My reasons for this action are: 

a.  On or about 15 Sep 02, you were derelict in the performance of your duties by driving on 

base while your base driving privileges were revoked due to an off base DUI. 

b.  On or about 13 Sep 02, you were derelict in the performance of your duties by driving on base 

while your base driving privileges were revoked due to an off base DUI. 

c.  On or about 4 May 02 you made a false official statement to ~s~t-bout 

military ID card. 

losing your 

d.  On or about 1 May 02, you wrongfully loaned an individual your military identification card; 

As a result of the actions in a. thru d. you received an Article 15, UCMJ, on 24 Sep 02. 
(Tab 1, Atch I). 

e.  On or about 21 Apr 01, you were apprehended by Boise police for driving while intoxicated. 

As a result, you received a Letter of Reprimand (LOR) on 1 May 01.  (Tab 1, Atch 2). 

3. Copies of the documents forwarded to the separation authority in support of this recommendation 
are attached.  The commander exercising Special Court Martial Jurisdiction will decide whether you 
will be  discharged or retained  in the Air Force.  If you  are discharged, he will  also determine how 
your  service will be  characterized.  If discharged, you  will  be  ineligible for reenlistment in  the Air 
Force, and any special pay, bonus, or education assistance funds may be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
made  an  appointment 
the  Area  Defense  Counsel  on 
I d C d ~ b  Zcl) -4  07- 
at 09 33 hours in building 5 12.  The telephone number is 
828-2675.  You may consult civilian counsel at your own expense. 

to  consult  with 

for  you 

5.  You  ha e t

right  to  submit  statements on  your  own  behalf.  Any  statements you  war?!  ::,; 
,  , sqaration  authority  to  consider  must  reach  me  within  three  workdays  of  the  uate  of  this 

! ~  

memorandum unless you  request  and receive  an  extension  for good  cause  shown.  I will  forward 
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 tight to do so. 

7.  You  have  been  scheduled  for  a  medical  examination.  You  must  report  to  the  Physical 
Examination Section at the hospital on Mountain Home AFB.  Your scheduled medical examination 
ison  23ocr b2- 
hours.  You must be in uniform. 
If' you wear glasses, wear them to the scheduled examination. 

at 639, 

8.  Any personal information you  furnish in rebuttal is covered by the Privacy Act of 1974.  A copy 
of AFI 36-3208 is available at the Area Defense Counsel's office or your squadron orderly room. 

9.  You  will  surrender your  ID card to  me immediately.  Proceed with  a copy of this letter to the 
Military Personnel Flight  (MPF),  Customer Service, Building  512, Mountain  Home AFB  no  later 
than 32 Wr  0%  where you will be issued a temporary ID card valid for 90 days.  If the discharge 
action is still pending at the end of 90 days, another temporary ID card will be issued to you until the 
case is finalized. 

10.  A copy of this letter also authorizes you to proceed to the Security Forces, Pass and Registration 
Section, Building 7001, Visitor Control Center, no later than  U(A 
where you 
will turn in your Mountain Home AFB vehicle sticker and your DoD vehicle decal.  They will issue a 
temporary permit  good  for 90 days.  If  the discharge action is still pending at  the end  of  90 days, 
another temporary vehicle decal will be issued to you until the case is finalized. 

11.  Finally, proceed with a copy of this letter to the Traffic Management Office (TMO), in Building 
5 12, immediately after receiving your separation orders from the Separations Section at the MPF for 
arranging shipment of your household goods. 

-- - . -- - -. 

Commander 

I 

3 Attachments: 
1.  Art  15, dtd24 Sep 02 
2.  LOR, dtd 1 May 0 1 
3.  Other matters: RIC, dtd 24 Aug 01