r* 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

N A M ~  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AMERICAN LEGION 

MEMBER SITTING 

GRADE 

AMN 

AFSNISSAN 

-III""YY 

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

:I608 K STREET NW 

4 

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BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 
13 May 2004 

CASE NUMBER 

FD-2003-00519 

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: 

I 

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

AFHQ FORM 0-2077, JAN 00 

FROM: 

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

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(EF-V2) 

Previous edition will be used 

I 

I 

1 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00519 

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. 

The Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

Issues 2,3, 6, 7, and 9.  Applicant was discharged for misconduct.  The records indicate the applicant 
received an Article  15 and a vacation of suspended punishment.  The offenses documented therein included 
violating the phase program by visiting the dorm room of a member of the opposite sex between the hours of 
0200 and 0600, and wrongfully wearing an earring on a military installation in violation of a general 
instnlction.  Additionally, information found in the medical records disclosed the following:  before 2 April 
200 1, member had two Letters of Reprimand (LOR) for unauthorized visits to his girlfriend's  room and bay, 
he had two LORs for wearing an earring on the base and for smoking in uniform, and he had yet a fifth LOR 
for verbally provoking and assaulting another airman.  These documents further reflected member's 
"remarkable tendency to allow his personal life to affect his work performance."  Subsequently in June 2001, 
member was diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct after 
making a suicidal gesture and being admitted for in-patient care; he threatened to jump off a hotel balcony 
where his girlfriend was staying with another friend, and stated he did it to get attention.  Earlier that day he 
had violated the no contact order regarding his girlfriend, with who his command noted he'd  had many 
altercations.  Five days earlier that same week, applicant had threatened to kill his girlfiiend and another 
service member.  During that time period he had pulled a knife and had to be restrained by a fellow service 
member. Unfortunately, member's  discharge processing files were unavailable to the Board for review due 
to being missing from the record.  Because member's  discharge file was unavailable to the Board for review, 
the Board was unable to conclusively ascertain if there was yet more misconduct on member's  part that 
formed additional bases for the discharge.  The Board also could not conclusively determine if at the time of 
the discharge member consulted counsel, submitted statements on his own behalf, or requested he be 
discharged in lieu of court martial.  Applicant notes he was in pre-trial confinement at the Marine Corps Brig 
at Quantico, VA, and he accepted the under other than honorable conditions (UOTHC) discharge rather than 
wait for a court martial.  The record confirms he had lost time from 14 June 2001 to 20 August 2001; he was 
discharged from in-patient psychiatric care on 12 June 2001, and was discharged from the Air Force on 22 
August 2001.  The record also reflects that member was charged with disobeying a lawful command, and 
with obstructing justice.  Unfortunately, the Board is not able to substantiate any inequity or impropriety in 
the discharge actions, and lacking documented evidence from the applicant to the contrary, the Board relies 
on the presumption of regularity and finds the discharge proper and without basis for an upgrade.  The Board 
concluded applicant's misconduct documented in the Articles  15 and medical records alone was a significant 
departure from conduct expected of all military members and the characterization of the discharge received 
by the applicant was appropriate on that basis.  No inequity or impropriety could be found in this discharge 
in the course of the records review. 

Issues 1 and 3.  While these contentions may be true, they do not provide a basis in mitigation or extenuation 
to warrant an upgrade.  The seriousness of member's willful misconduct significantly outweighs any positive 
aspects of his period of service. 

Issues 4 and 5.  These issues could not be substantiated in the record or applicant's  submission to the Board. 
Thus the Board found them without merit and insufficient to justify considering an upgrade. 

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 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE R E V I m  BOARD 

ANDRENS AFB,  MD 

(Former AMN)  (HGH A1C) 

MISSING DOCUMENTS 

1.  MATTER  UNDER REVIEW:  Appl recrd a UOTH Disch fr USAF 22 Aug 01 UP AFI 36- 
3208  (Misconduct). Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 25 Apr 80.  Enlmt Age: 19 1/12.  Disch Age: 21 3/12. Educ: HS DIPL. 

AFQT:  N/A.  A-82,  E-64,  G-62,  M-54. PAFSC: IN231 -  Signals Intelligence 
Production Specialist. DAS: Unknown. 

b.  Prior Sv: (1) AFRes 10 Jun 99 -  4 Aug 99 (1 month 26 days)(Inactive). 

3.  SERVICE UNDER RINIEW: 

a.  Enlisted as AB 5 Aug 99 for 6 yrs. Svd: 2 Yrs 0 Mo 18 Das, of which AMS 

is 1 yr 10 months 12 days  (excludes 2 months 6 days lost time). 

b.  Grade Status:  AMN -  24 Oct 00  (Vacation of Article 15, 24 Jan 01) 

A1C -  17 Sep 99 

c.  Time Lost :  14 Jun 01 -  20 Aug 01 (2 months 6 days) . 

d.  Art 15's:  (1) 24 Jan 01, Vacation, Corry Station, FL -  Article 92. 
You did, on or about 4 Jan 01, fail to obey a lawful 
general instruction, to wit: Table 2.5, Item 7, AFI 3 6 -  
2903, dated 8 Jun 98, by wrongfully wearing an earring 
on a military installation.  Reduction to Airman. 
(No appeal)  (No mitigation) 

(2) 24 Oct 00, Corry Station, FL -  Article 92.  You, who 

knew of your duties, on or about 2 Oct 00, were derelict 
in the performance of those duties in that you willfully 
visited the dormitory room of a member of the opposite 
sex between the hours of 0200 and 0600 and therefore, 
failed to adhere to the phase program, as it was your 
duty to do.  Suspended reduction to Airman, and 7 days 
extra duty.  (No appeal) (No mitigation) 

e.  Additional: Unknown. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Ft Meade) 

h.  Awards &  Decs:  AFTR, SAEMR W/1 DEV. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (0) Mos  ( 8 )   Das 

TAMS:  (1) Yrs  (10) Mos  (12) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 14 Nov 02 

(Change Discharge to Honorable) 

Issue 1:  Did well in all my schooling, even with the minor infractions that 

occurred while in technical school and graduated from all schools.  I was, and 
continue to be, ready for duty. 

Issue 2:  The attached mental health evaluation was basically positive with 

the exception of granting a security clearance at the then present time.  Please 
note the longer I did not work the more in trouble I became. 

Issue 3:  All my problems were basically during off-duty periods. 

Issue 4:  My supervisor rarely had opportunities to interface with me when I 

had problems.  The majority of all infractions were dealth with directly by the 
commander through the first sergeant. 

Issue 5:  This same commander was himself relieved of command due to loss of 

confidence in his command and leadership abilities, by his commander. 

Issue 6:  I believe that adequate counseling could have helped me avoid many 

of the problems I had. 

Issue 7:  After considerable incarceration (72 days) in the Marine Corps 

Brig at Quantico, VA in pretrial confinement, I would have done anything to get 
out.  Thus I accepted the Other Than Honorable Discharge rather than have to 
wait for my Courts-Martial.  Even my defense attorney recommended that I take 
it. 

Issue 8:  From the Letter of Recommendation of my current civilian 

supervisor, you can see that I have made extensive and positive modifications in 
my behavior. 

Issue 9:  Block 29, DD Form 214, 08/22/2001, indicates the period of 14 June 

2001 -  20 August 2001, as time lost.  There should have been no time lost as 
this time was pretrial confinement only. 

ATCH 
1 . DD Form 2 14 . 
2. Letter of Recommendation, 7 Aug 02. 
3. Mental Health Evaluation, 2 Apr 01. 
4. Memorandum -  Command Directed Mental Health Evaluation.