NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

MEMBER SITIING 

ISSUES  A93.01 

INDEX NUMBER 

A67.10 

HEARING DATE 

CASE NUMBER 

~ 

1 

rive Chesapeake VA 23322 

VOTE O F  THE BOARD 

HON 

GEN 

UOTHC 

OTHER 

DENY 

X 

X 

X 

X 

X 
EXHIBITS S U B M I m E D  TO THE BOAR@ , 

I 

I 

I 

I 

1 
2 
3 

ORDER APPOINTING  THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 

COUNSEL'S RELEASE  TO THE BOARD 

PERSONAL APPEARANCE 
I  TAPE  RECORDING OF PERSONAL APPERANCE 

10 Feb 2004 
APPL IC'4KT  S ISSUE AND THE BOARD'S DEClSlON4L  RATIONAL  4RE DISCUSbED OK  TtIE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2003-00548 

I 

I 

I 

Case heard at Washington, D.C. 

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

SAF/MRBR 
550 C STREET WEST. SUITE 40 
RANDOLPH  AFB, TX 78 150-4742 

IN~QRSEMENT 

FROM: 

DATE:  2 n l t Z i '  

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

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00548 

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  appeared  before the Discharge Review  Board  (DRB) on  10 February 2004 at Andrews Air Force Base, 
Maryland.  The applicant's  father, Captain i 
'  United  States Coast Guard, appeared  as a witness  and 
counsel on behalf of the applicant. 

.................... 
- - - - - - - - - - - - - - - - - - - -} 

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

FINDINGS:  Upgrade of discharge, change of reason and authority for discharge, and change of reenlistment code are 
denied. 

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

ISSUE:  Applicant  contends  an  impropriety  was committed  in  the processing  of his discharge, because  he was  not 
given guidance as to the [adverse] impact his decision to waive his right to provide a written statement or to consult an 
attorney  would  have  on  the  outconie  of  his  case.  The  applicant  also  contends  "no  one  discussed  probation  and 
rehabilitation  issues" with  him  and tliat lie "was  not given enough time to learn from his mistakes."  Additionally, the 
applicant  pointed  out  he  was  "fit  and  enthusiastic"  at  tlie  time  he  began  his  Security  Forces  training  program. 
However,  after  suffering  an  injury  to  his  left  ankle,  a  fracture of  the  left  distal  fibula, the  applicant's  duties  were 
modified and lie was subsequently reassigned  to a flight of members who suffered  physical or mental health ailments 
that precluded  performance  of their normal  duties.  It was during this period of time,  in  which the applicant alleges he 
observed his classmates graduate and depart for their iinits of assignment, that his morale took a turn for the worse and 
that lie began to succumb to peer  pressure, or words to tliat effect.  Subsequently, the applicant committed  several acts 
of  misconduct  tliat  resulted  in  four  Letters  of  Reprimand  and  one  Letter  of  Counseling  for  a  failed  dormitory 
inspection,  failure  to  go,  lying  to a  noncommissioned  officer,  and  two  instances  of  underage  alcohol  consumption. 
Nonetheless, 
the  applicant  contends  that  all  of  the  disciplinary  responses  resulting  in  his  discharge  were 
"administrative"  in  nature.  However, although either nonjudicial  punishment or a court-martial  was a viable option to 
the  applicant's  commanders,  there  is  no  requirement  that  these  forums  be  utilized  prior  to  initiation  of  involuntary 
separation.  In  any event, pursuant to AFI  36-3208,  paragraph  5.2.3., "alleged  or  established  inadequacy  in  previous 
rehabilitative  efforts  does  not  provide  a  bar  to  separation."  With  reference  to  the  applicant's  contention  he  was 
improperly  advised  surrounding  the  ramifications  of  not  s~tblnittirig matters  on  his  own  behalf  or to  consult  legal 
counsel, the case file contains substantial evidence that the applicant was indeed advised of these rights and waived his 
opportunity  to  consult  counsel  and  his  riglit  to  submit  matters. 
In  response  to  the  applicant's  contention  his 
commander  did  not  follow  established  policy  in  not  explaining  further  his  recommendation  against  probation  and 
rehabilitation,  the  Board  finds  the  commander's  alleged  inadequacy  in  explaining  his  reasons  for  recommending 
against  probation  and  rehabilitation  does  not  amount  to  an  inequity  or  impropriety  warranting  an  upgrade  of  the 
applicant's  discharge characterization.  The Board  concl~lded the  applicant's  niisconduct  was a  significant departure 
from conduct expected of all military niembers, tliat lie was given ample opportunities to change his negative behavior, 
and that the characterization of the discharge received by tlie applicant was found to be appropriate. 

CONCLUSIONS:  The Discharge Review  Board concludes that tlie discharge was consistent with the procedural  and 
substantive requirements of tlie discharge reg~llation and  was within the discretion  of the discharge authority  and that 
the applica~it 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 riot be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 27 May 03 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, Change to Reentry Code, Reason, and Authority. 

2.  BACKGROUND: 

a. DOB: 27 Feb 84.  Enlmt Age: 18 1/12.  Disch Age: 19 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-80,  G-74,  M-81. PAFSC: 3POll -  Security Forces Helper. 
DAS: 30 Sep 02. 

b.  Prior Sv: (1) AFRes 22 Apr 02 -  12 Aug 02  (3 Months 22 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  13 Aug 02 for 4 yrs. Svd: 0 Yrs 9 Mos 15 Das, all AMS. 

b.  Grade Status :  AMN -  13 Feb 03 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 21 APR 03 - Underage drinking. 

LOR, 04 FEB 03 -  Failure to go. 
LOC, 29 J A N   03 - Lying to an NCO. 
LOR, 29 J A N   03 - Underage drinking and breaking phase. 
LOR, 17 J A N   03 -  Failed dormitory room inspection and lying 

to an NCO. 

f.  CM:  None 

g.  Record of SV: None. 

(Discharged from Lackland AFB) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (1) Mos  ( 6 )  Das 
TAMS:  (0) Yrs  (9) Mos  (15) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 30 Nov 03. 

(Upgrade Discharge to Honorable, Change to Reentry Code, Reason, and 

Authority) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues. 

2 9   Dec  03/cr 

. . 

Attachment to Form 293 for 
Issue 2 

/,ID -03 - mS4/F 

/ 

From the time I began my basic training until the decision was made to process me for 
discharge, I faced adversity during my training and still succeeded in completing all 
formal training. I desire to bring these facts to the Board's attention, so that you will be 
able to better characterize my service and have a clearer view of me as an individual. 

t 

Upon successful completion of Basic Training, I eagerly began my training in Security 
Forces.  The Air Force Security Forces Mission appealed to me and I specifically 
requested it when I enlisted.  I was fit, enthusiastic and began my Security Training with 
a number of fellow recent graduates of Basic Training.  I made some good friends and we 
were all excited about the challenges of the Security Forces curriculum.  I was doing very 
well after the first two months of training; passing all tests, completing all physical 
challenges and excelling in military bearing.  Then on October 3 1,2002, while jogging 
back to my barracks room after formation, I stepped on an uneven rocky surface and 
broke my ankle.  My entire training program was put on hold as I hobbled around first in 
a cast and then during rehabilitation for nearly four ponths.  I watched my friends 
complete their training and go off to their first duty stations, while I performed daily 
details until I could reenter training.  I was grouped with others who were physically or 
mentally unable to train, which was very frustrating, to say the least.  Although I was 
permitted to go home for convalescent leave for a few weeks over the holidays, I was 
very disappointed to not be with my original training group,  I joined my new training 
flight in January 2003.  I did not know anybody in my new training flight and desperately 
wanted to fit in with my new peer group of trainees.  It was during this period that I 
participated in the first two events that resuIted in the administrative sanctions discussed 
in Issue 1.  At that point, I thought I had little chance for success.  But, after some sage 
counseling fiom my senior Training Instructor and advice fiom my family, I decided to 
really work hard and successfully complete my training.  Despite the initial pain of 
working my ankle during running, I persevered and even exceeded my running times 
fiom before the fi-acture. I successfully completed the Security Forces training and 
graduated.  More than one Training Instructor told me that I had done well and overcame 
a significant setback.  I was very proud of what I had accomplished. 

While waiting to depart for my first duty station, I joined two female Security Forces 
trainees in town for dinner and foolishly agreed to drink some beer with them in a 
restaurant.  When they were questioned upon returning to the barracks, I was named as 
someone who was with them.  Shortly thereafter, I was processed for discharge. 

I also received some other administrative sanctions during my training, but they were 
given in the midst of the training environment where even the smallest infraction resulted 
in a sanction.  When I entered the "Transition"  flight awaiting discharge, the Training 
Instructor, after looking at my file, opined that he was surprised that I was being 
discharged.  He immediately assigned me to the leadership position of "Dorm Chief" for 
the entire Transition Flight.  I was even assigned a "Bay Chief" who acted as my 
qssistant. 

In conclusion, my service in the Air Force was marked by several notable successes that 
merit your consideration in changing my discharge to "Honorable".  While these 
successes do not erase my immature behavior, I do believe they more fully characterize 
my overall service as Honorable. 

Attachment to Form 293 for 
Issue 3 

4 

Although my DD-2 14 indicates that I was discharged as an El, I was actually promoted 
to E-2 several months prior to Discharge.  I have pay records that confirm the promotion. 
I suspect that this was a clerical error and wanted to ensure that the Discharge Review 
Board was aware of my actual pay grade at time of Discharge. 

My successful promotion to E-2 was an additional indicator of an overall satisfactory and 
honorable performance while on active duty, notwithstanding my immaturity documented 
in the previous two issues.  For me personally, my promotion was an indicator of my 
capacity to succeed in the Air Force.  Because of the brief period of my immature 
behavior and the nature of training environment, I was not given enough time to learn 
fiom my mistakes and make lasting improvements to my performance.  I recognize that 
the Board can not undo my discharge, but I respectfblly request your consideration in 
changing its characterization, so I that I may apply the lessons learned and serve my 
country honorably.  Hopellly, I'll have another opportunity to demonstrate my abilities 
and reenter the Service in the near future. 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

'0 8 MAY  2003 

FROM:  343 TRSDOM 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Minor Disciplinary 
Infiactions.  The basis for my recommendation is AFPD 36-32 and AFI 36-3208, paragraph 5.49. 
If my recommendation is approved, your service will be characterized as Honorable or Under 
Honorable Conditions (General).  I am recommending that your service be characterized as 
General. 

2.  My reasons for this action are: 

a.  On 15 Jan 03, you failed your room inspection and lied to an NCO about demerits resulting 

from your room inspection.  As a result, you received a Letter of Reprimand, dated 17 Jan 03. 

b.  On 24 Jan 03, you violated the Air Education and Training Command Phase Policy and 
consumed alcohol while under the legal drinking age of 21, in violation of Article 92, UCMJ. 
As a result, you received a Letter of Reprimand, dated 29 Jan 03. 

c.  On 28 Jgn 03, you again lied to an NCO.  As a result, you received a Letter of Counseling, 

dated 29 Jan 03. 

d.  On or about 30 Jan 03, you failed to go to your assigned detail, and instead, hid in a dorm 
room, in violation of Article 86, UCMJ.  As a result, you received a Letter of Reprimand, dated 
4 Feb 03. 

e.  On 20 Apr 03, you again failed to refiain fiom consuming alcohol while under the legal 

drinking age of 2 1, in violation of Article 92, UCMJ.  As a result, you received a Letter of 
Reprimand, dated 21 April 03. 

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. 

4.  You have the right to counsel.  Military legal counsel is available to you.  If you desire, I can 
arrange to make an 
1000, on 
your own expense.  Ifekployed, civilian counsel must be readily available. 

for you to consult with the Area Defense Counsel at Building 
hours.  You may retain civilian counsel at 

at 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by (allow 3 workdays) 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority for his consideration. 

6.  If you fail to consult counsel or to submit a statement on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination. You must report to Bldg 6612, Room 
502, Monday - Friday between 1300 - 1500 hours with your medical, immunization, and dental 
records for the examination 

8.  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 at the Commander's Support Staff. 

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

Commander, Military Training Flight 

Attachments: 
1.  Letter of Reprimand, dated 17 Jan 03 
2.  Letter of Reprimand, dated 29 Jan 03 
3.  Letter of Counseling, dated 29 Jan 03 
4.  Letter of Reprimand, dated 4 Feb 03 
5.  Letter of Reprimand, dated 21 Apr 03 w/atch 

~~2003-Q054F 

Attachment to Form 293 for 

Issue 1 

I request to change my discharge fiom "Under Honorable Conditions (General)" to 
"Honorable"  because of reasons of inequity. My entire period of service was in the 
training environment at Lackland AFB.  I had just completed my training in Security 
Forces and was awaiting execution of my first set of orders when I was processed for 
discharge.  I am hopeful that the Discharge Review Board will review the facts contained 
in this and the other two Issues and agree that the characterization of my discharge was 
too harsh and does not reflect the complete circumstances of my service in the Air Force. 
Without question, this premature discharge was one of the most disappointing periods of 
my life.  I felt that I let my family down, I let my Air Force Training Instructors down 
and most of all, I let myself down.  I never even had a chance to serve at my first duty 
station.  I desperately want an opportunity to correct this error and serve again in our 
Armed Forces.  Changing my discharge to Honorable is the necessary first step in that 
process. 

The events leading up to my early discharge from the U. S. Air Force can best be 
characterized as the result of my immaturity and choosing my Eends poorly.  I believe 
there were three events that had some bearing on the decision to discharge me.  Two were 
situations where I participated in underage drinking with other trainees and one was the 
result of my visit to an "off limits" establishment also with a group of fellow trainees.  In 
each case, I succumbed to peer-pressure and joined my peers in inappropriate activities. 
In the two events where I drank, I only consumed a modest amount in an attempt to be 
part of the group.  None of the events resulted in a Judicial Proceeding, an Article 15 
Proceeding or any civil proceedings for me.  In fact, I only received administrative 
sanctions for each of the events and was immediately discharged after discovery of my 
participation in drinking at a restaurant.  I fully acknowledge my personal responsibility 
as a participant in these events, but wish it noted that I did not explicitly bring discredit to 
the Air Force.  I also suspect that as a recent graduate of Security Forces training, I was 
probably held to a higher standard, which contributed to the decision for my discharge as 
well as its characterization.  My actions, sanctioned only administratively, were the result 
of my immaturity and desire to fit in with my peers.  I erroneously believed that the easy 
availability of alcohol in restaurants and the relatively large number of trainees who 
participated in this behavior signaled that it was not a serious infkction. 

In all fairness, I believe that my immaturity during a small period of my training time 
does not merit the life long stigma of a General Discharge, but rather deserves your 
consideration for a change to "Honorable".  Because of the brevity and nature of my 
inappropriate behavior, I felt that I was just beginning to learn Erom my immature 
mistakes when I was discharged.  I have learned some hard lessons in the past year, 
including most importantly not defining myself by what others think of me.  I should 
have said no to my peers and declined to participate. 

Furthermore, as a measure of my basic character and commitment to continuous self 
improvement, I have a 111 time job, I have bought a car and I do not drink.  Since my 
discharge, I have been living with my parents and they can attest to my personal 
responsibility.  If I am not able to re-enlist immediately, I have plans to enroll in college. 
An Honorable Discharge is cruciaI to my future.