I * 
I  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 

1  AFSNRSAN 

I 

I 

MEMBER SITTING 

I 0 HON 

GEN 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
TAPE RECORDING OF PERSONAL APPERANCE 

HEARING DATE 

03 Feb 2004 

CASE NUMBER 

FD-2003-00424 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

* CHANGE RE CODE 
+ CHANGE REASON AND A U T J I Y T O  SECRETARIAL AUTHORITY 
, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -2..  . . . . . . . . . . . -1.. . . . . . . ,. . . . . . . . .S!G~A~.O!ARD.?RESPFEc.T.c -. . -. . . . -. . -. . -. . -. ., 
SlGNATURE OF RECORDER 

J, 

TO: 

SAFIMRBR 
590 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

I  FROM: 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DlUJaARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AVB, 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 

pD-2003-00424 

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

----- 
------- applicant 
The 
I -. -. . -. . -. . - a '  
2004.  Technical Sergeant: ---------------- ,, 

----...-. 

--. --- .-- 

I  his brother, also testified 

appeared and testified before the Discharge Review Board  (DRB) with counsel, Mr. : ..-..-..m 

!  of the Veterans of Foreign Wars of the United  States, at Andrews AFB, MD, on February 3, 

I - - - - - - - -  

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

FINDINGS:  The Board grants the requested relief. 

ISSUE: The applicant received a general discharge for minor disciplinary infractions, and cited two issues: 

Issue 1 : Applicant contends his discharge was an impropriety in that, on several occasions, he asked about 
the consequences of accepting the discharge and was told that he would receive an honorable discharge and 
that  he  would  be  able to  reenlist  at  some point in  time.  The records  indicate the applicant received two 
Letters of Reprimand (LOR) and five Records of Individual Counseling (RIC).  The first two RICs were for 
(1) reporting for duty 35 minutes late and for (2) dereliction of duty for failure to sign off a required form. 
The two LORs and other three RICs were for financial irresponsibility, one for issuing an insufficient funds 
check for $35.00 and the others for failure to pay delinquent accounts.  Applicant testified that although he 
took full responsibility for his actions, his second child was born in April  1993 and he could not make ends 
meet  after  that  on  an  AlC paycheck;  applicant's  records  indicate  that  four  of  the  five  reprimands  for 
financial irresponsibility occurred after April  1993.  The Board also noted that applicant's records contained 
no Article 15 or demotion actions and that the applicant's only EPR was an overall 5 with comments that he 
had  been  nominated  three  times  to  compete  for  Fuels  Airman  of  the  Quarter.  Although  there  is  no 
documentary evidence to support member's  claims of being misled as to the type and consequences of the 
discharge he would receive, the Board agreed that  a general discharge was inequitable because it was too 
harsh. 

Issue 2:  Applicant contends his post service activities should be taken into consideration.  The DRB 
concurred and was pleased to see that the applicant was doing well and has a good job as a design engineer. 
Testimony revealed that he has logged numerous hours of volunteer service to his church and as a girls 
softball league coordinator, as well as being involved with inner-city team building, assisting the homeless, 
and sponsoring a child in Brazil. 

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 and the reason for the discharge is 
more  accurately  described  as  Secretarial  Authority.  The  applicant's  characterization  and  reason  for 
discharge  should be  changed to  Honorable,  Secretarial Authority, 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 23 Dec 93 UP AFR 39-10, 
para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge and to Change the RE Code. 

2.  BACKGROUND: 

a. DOB: 30 Apr 71.  Enlmt Age: 19 7/12.  Disch Age: 22 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-68,  G-68,  M-59. PAFSC: 2F051 -  Fuels Journeyman. 
DAS: 1 Jul 91. 

b.  Prior Sv: (1) AFRes 21 Dec 90 -  7 Mar 91 (2 months 15 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 8 Mar 91 for 4 yrs. Svd: 2 Yrs 9 Mo 16 Das, all AMS. 

b.  Grade Status:  A1C -  8 Jul 92 
A m  -;  8 Sep 01 

c.  Time Lost:  None. 

d.  Art15's:  None. 

e.  Additional: LOR, 07 DEC 93 -  Financial irresponsibility. 
LOR, 25 AUG 93 -  Financial irresponsibility. 
RIC, 23 JUL 93 -  Financial irresponsibility. 
RIC, 07 JUL 93 -  Financial irresponsibility. 
RIC, 11 Jan 93 -  Financial irresponsibility. 
RIC, 21 DEC 92 -  Dereliction of duty. 
RIC, 03 DEC 91 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: 8 Mar 91 -  30 Mar 93  Tyndall AFB  5  (Initial) 

(Discharged from Tyndall AFB) 

h.  Awards &  Decs:  NDSM, AFTR, SAEMR, AFOUA. 

i.  Stmt of Sv:  TMS: (3) Yrs  (0) Mos  (3) Das 

TAMS:  (2) Yrs  (9) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Aug 03. 

(Change Discharge to Honorable and Change the RE Code) 

ISSUES  ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Letter to the Discharge Review Board. 
2. Three Character References. 

Troy, Ohio 45373 
Document #4 

SAF I MlBR 
550-C Street West, Suite 40 
Randolph, AFB, Texas 781 50-4742 

Dear Sir or Madam: 

First of all let me say thank you for taking the time to review my case. I would also 
like to apologize for having put myself in this situation in the first place, I realize that I 
am  solely responsible for  the decisions that  I made while  I was  serving this great 
nation. It has always been, and always will be my goal to be the best person that I 
can. Unfortunately I have made some bad decisions in my life and like many others 
would love the opportunity to make them again. 

With that being said, I believe that some of the decisions that I made while on active 
duty in the United States Air force were affected by false promises about my future 
and the terms of my discharge. I am in no way defending my actions that led to my 
discharge,  but  I am  defending the  reasoning for  the decision to  proceed with  the 
discharge  process.  I,  on  several  occasions,  asked  about  the  consequences  of 
accepting  the  discharge  and  without  hesitation was  told  that  I would  receive  an 
honorable discharge and that I would be able to re-enlist at some point in time. I can 
honestly say that I would not have agreed to the discharge if I had known what the 
outcome would've been. I am asking the board to please change my discharge to 
honorable and also change my enlistment status so that  I may re-enlist into the Air 
Force Reserves. I know given a chance I can become the model Airman and leader 
that I was becoming before I discharged. 

From the moment that  I left the Air  Force I have thought about what  might have 
been. My lifestyle still to this day is directly affected by the routines of military life. I 
miss the discipline and the  friendships that  I made while  I was  enlisted. With the 
recent events in the  Middle East and the  unfortunate and tragic  circumstances of 
Nine Eleven I have felt a constant responsibility to enlist in the Air Force Reserves. I 
hope that  sometime soon I will have that  feeling of pride and honor that can only 
come from serving in the United States Armed Forces. Again,  thank you for taking 
the time to review my case. 

DEPARTMENT OF THE AIR  FORCE 

AIR EDUCATION ANDTRAINING COMMAND 

FROM:  325 SUPSICC 
SUBJ:  Letter of Notification -  Administrative Discharge Action 

1 3 DEC 1993 

TO:  A

I

C

325 SUPS 

~

 

1.  I am recommending your discharge from the United States Air Force 
for misconduct consisting of minor disciplinary infractions.  The 
authority for this action is AFR  39-10; paragraph 5-46.  If my 
recommendation is approved, your service wi 11 be characterized as 
honorable or general.  I am recommending that your service be 
characterized as general. 

2.  My reason for this action is that you committed several offenses 
which constitute a pattern of minor discipl inary infractions. 
Specifically: 

a.  On or about 3 Dec 91, you did, at Tyndall AFB, Florida, fail to 
report to your place of duty at the prescribed time.  As a result, you 
received a letter of counseling (Atch 1-1). 

b.  On or about 11 Dec 92, you did, at Tyndall AFB, Florida, issue 

an insufficient fund check to the BX in the amount of $35.00.  As a 
result, you received a letter of counseling (Atch 1-1). 

c.  On or about 20 Dec 92, you were, at Tyndall AFB, Florida, 

derelict in the performance of your duties by not inspecting the 
required refuel and defuel units.  As result, you received a letter of 
counseling (Atch 1-1). 

d.  On or about 6 Jul 93, you did, at Tyndall AFB, Florida, fail to 
pay your delinquent NCO Club bill.  As a result, you received a letter 
of counseling (Atch 1-1). 

e.  On or about 23 Jul 93, you did, at Tyndall AFB, Florida, fail to 

pay your delinquent AAFES bi 11 in the amount of $32.00.  As a result, 
you received a letter of counseling (Atch 1-1) and a letter of reprimand 
(Atch 1-2). 

f.  On or about 22 Nov 93, you did, at Tyndall AFB, Florida, fail to 

pay your delinquent AAFES bi 1 1  in the amount of $68.00.  As a result, 
you received a letter of reprimand (Atch 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.  If you are discharged, you 
will  be  ineligible for reenlistment in the Air Force. 

3.  You have the right to consult counsel.  Military legal counsel has 
been obtained to assist you.  I  have made an ap ointment for you to 
at Bldg 1005  on  I J n W - 4 3   at 
consult capt 
hours. 
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 
within 3  workdays 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 have been scheduled for a medical examination.  You must report 
to building 1309 on /3(  p e t  q3 at  O g m  

hours. 

7.  Any personal information you furnish in rebuttal is covered by the 
Privacy Act Statement as explained in AFR  39-10, Attachment 2.  A copy 
of AFR  39-10  is available for your use in the orderly room. 

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

Commander 

-- . 

3  Atchs 
1-1.  LOC (5) 
1-2.  LOR, '25  Aug 93 
1-3.  LOR, 7  Dec 93 

4 

DEPARTMENT OF THE AIR FORCE 

REVIEW BOARDS OFFICE 

RANDOLPH AIRFORCE BASE TEXAS 

Office of the Assistant'secretary 

-. 

S AFIMRBR 
550 C Street West Ste 40 
Randolph AFB TX  78 150-4742 

September 3,2003 
Docket # FD-2003-00424 

Dear Applicant 

We have received your application for review of discharge. 

Your application is currently being processed for presentation to the Air Force 

Discharge Review Board (DRB) in Washington, DC.  This process includes obtaining all 
relevant records required to process your request.  We will advise you when your case is 
forwarded to the Board. 

Please include your social security account number and/or your service number on all 

correspondence, and advise in writing of any change of address or military status. 

Correspondence should be addressed to: 

SAFJMRBR 
550 C Street West Ste 40 
Randolph AFB TX  78150-4742 

Chief Review Boards Office 
Air Force Review Boards Agency 

DEPARTMENT OF 'THE AIR FORCE 

PACIFIC AIR  FORCES 

Document  # 1  

MEMORANDUM FOR SAFIMIBR 

FROM: TSGT 

9480 Pease Ave 
Elmendorf AFB. Ak.-99506 

SUBJECT: Re-enlistment Recommendation 

1. As an NCOIC and a 12-year veteran of the United States Air Force I have a pretty good 
understanding of what it takes to be a successful team member in the greatest military force in the 
world. It takes dedication, commitment, and a steadfast belief in the Air Force Core Values; Integrity 
First, Service before Self and Excellence in all you do. 

is the embodiment of all of these things and would be an invaluable asset to the 

2. 
Air Force.  He has excelIed in every aspect since his discharge and has become a leader in his 
community and his workplace. In the last year he has logged more than 1000 hours of volunteer 
service to his church and as a girls softball league coordinator. His efforts were recognized when he 
was voted most outstanding volunteer of the month (December 02) by his peers. 

3. His leadership in the workplace is also beyond reproach. He aggressively pursued a nation-wide 
certification for indoor sprinkler designers becoming the first and only engineer to receive the 
distinction despite being the least experienced. He has been asked to be the lead design engineer on 
multi-million dollar projects including public schools, major college basketball arenas and state 
prisons. 

4. The Air Force 
if we didn't give 
and a role model and deserves this honor. 

eople and in my  opinion we would be making a major err in judgment 
another chance to become part of the Air Force team. He's  a leader 

NCOIC, Secure Communications 

-  - - - 

- 

irzghambubuug 

c h u r c h  

I 

Dear Sirs: 

May 1,2003 

g in regard to a personal friend and colleague from Troy, Ohio, by the name of 
I have known im-----i for about one year. We met through attending 

------. 

Ginghamsburg Church in Tipp City, Ohio. 

- 
m  T 
m  h 
r. 
10 

a = !  

r. 

m 
m 
Q 

started coming to serve at The Avenue, the youth center for the church. The 

program- 
minister to unchurched, turned off, teens from the community by providing a safe, clean 

became involved in was our outreach program called UltraLive. It seeks to 

.  atmosphere for them to hang out on the weekends. 

has become a pillar of reliability and steadiness toward serving the ministry. He has 

demonstrated leadership in his servant team and with the teens he gets to know on the 
basketball court. He gives of himelfjotally to support the team and the ministry and has 
become a vital part of the team. i---- - j also teaches a group on Tuesday nights and has 
developed relationships with many teens 

The strong faith and moral lifestyle characterized b-, 
commitment to serve God, and with his family. 

reflects in his personality, his 

In closing I would like to offer my support and prayers to- 
pursuit of the Air Force Reserves. 

and his family in his 

Director of Teen Outreach 
The Avenue/Ginghamsburg Church 
Tipp City OH 45371 

bring . grow 

serve 

To whom it may concern, 

May 20,2003 

I am writing this letter on behalf of 

For the past five years I have 
at Central Fire Protection, where we are both currently employed. I 

worked with 
feel I have come to know- 
traveled together for work and have discussed gods we both have for the future.  One of 
-goals 

fairly well in that time.  On many occasions we have 

is to re-enlist in the Air Force reserves. 

I would feel comfortable recommending 

for anything. 

is a highly 

motivated young man, with an outgoing personality.  He rarely meets a stranger. 
pays very close attention to detail in his work.  He is always willing to try something 
new, regardless of how difficult it may appear to be. 
assignment that presents a challenge. 

finds pleasure in tackling an 

In short 

will be a great attribute to the Air Force reserves.  His dedication 
creativeness, and positive attitude will be a great asset to the reserves, and our country. 

Sincerely, 

-  -. -- 

Youth Pastor, NLC