L _ 

NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

'OUNSEL 

1 ES 

No 
X 

I 

I 

NAME O F  COUNSEL AND OR ORC \NIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

1 

HON 

I 

VOTE OF THE BOARD 

GEN 

1  LJOTHC-OTHFR~~ENI--- 

ISSUES  A94.01 

INDEX  NUMBER 

A67.50 

1 

1 

I 

1 

I 

EXHIBITS SUBMITTED TO THE BOARD 

I  ORDER APPOINTING THE BOARD 

1 
2  1  APPLICATION  FOR  REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE T O  THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING  DATE 

CASE NUMBER 

22 Oct 2004 
APPLICANT'S  ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSEDON THE ATTACHED  AIR FORCE DISCHARGE  REVIEW BOARD DEC ISlONAL RATIONALE 

FD-2003-00559 

Case heard at Washington.  D.C. via video teleconference from Travis AFB, CA. 

I 

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

TO: 

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

FROM: 

SECRETgARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS 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-2003-00559 

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

The applicant appeared  before  the Discharge  Review  Board  ( D M )  at  Andrews  AFB, Maryland, via video 
teleconference  (VTC) from Travis AFB,  California.  Although he acknowledged his right to be represented 
by counsel, the applicant waived his right to counsel. 

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

The applicant submitted the following additional documents: 

Exhibit #5:  Two-Page Letter of Recommendation from 
Exhibit #6:  Copy of two pages of medical records, dat 

undated); 

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

ISSUE: 

Applicant generally contends his discharge was inequitable because it was too harsh.  The records indicated 
the applicant received an Article 15, six Letters of Reprimand, and three Records of Individual Counseling 
misconduct occurring from on or about 6 March 2000 to on or about 29 November 2002.  The DRB opined 
that through these administrative actions, the applicant had ample opportunities to change his negative 
behavior.  The Board concluded the misconduct was a significant departure from conduct expected of all 
military members.  The characterization of the discharge received by the applicant was found to be 
appropriate. 

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 REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 13 Feb 03 UP AFI 36- 
3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge, and to Change the RE Code, Reason 
and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 6 Dec 79.  Enlmt Age: 18 6/12.  Disch Age: 23 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-56,  E-70,  G-50,  M-62. PAFSC: 2A351B -  F-15/F-111 Avionics 
Systems Journeyman. DAS: 21 Feb 02. 

b.  Prior Sv: (1) AFRes 23 Jun 98 -  29 Dec 98 (6 months 7 days) (inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  30 Dec 98 for 6 yrs. Svd: 4 Yrs 1 Mo 15 Das, all AMS. 

b.  Grade Status:  A1C -  12 Feb 99 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 1 May 01, Osan AB, Korea -  Article 92.  You, who knew 

of your duties, on or about 12 Apr 01, were derelict in 
the performance of those duties, in that you negligently 
failed to remain awake at work, as if was your duty to 
do.  Suspended reduction to Airman, suspended forfeiture 
of $150.00 pay per month for two months.  Forty five 
days extra duty. (No appeal)  (No mitigation) 

e.  Additional: LOR, 06 DEC 02 -  Late for duty, lying, and not reporting to 

complete his shift. 

LOR, 06 DEC 02 -  Reckless driving on base. 
LOR, 07 NOV 02 -  Traffic ticket for speeding and failure to 

provide insurance. 

RIC, 21 OCT 02 -  Late for duty. 
LOR, 03 DEC 01 -  Disrespect to an NCO. 
RIC, 05 JUN 01 -  Late for duty, dereliction of duty, 

LOR, 19 DEC 00 -  Failure to obey an order and failure to 

failure to obey an order, and lying. 
go - 

LOR, 16 MAR  00 -  Lying. 
RIC, 07 MAR  00 -  Making a false statement. 

f.  CM:  None. 

g.  Record of SV: 30 Dec 98 -  15 Jul 00  Dyess AFB 

3  (HAF Dir) 
06 Jul 01 -  27 Jan 02  OsanAB 
2  (CRO) REF 
28 Jan 02 -  27 Jan 03  Travis AFB  3  (Annual) 

(Discharged from Travis AFB) 

h.  Awards &  Decs:  AFTR, NDSM, AFLSAR, AFOSSTR, MB. 

i.  Stnt of Sv:  TMS:  (4) Yrs  (7) Mos  (22) Das 
TAMS:  (4) Yrs  (1) M o ~  (15) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 2 Dec 03. 

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

for Discharge) 

Issue 1:  I at any time am willing to die for my country.  I still wish to 

fix planes or helicopters for the Air Force.  I am currently building 
helicopters that put out fires, (logg?), and do construction all over the world. 
(Erickson Air Crane).  But I miss the military.  If I were given a second chance 
I would serve my country anywhere needed.  Maybey  (sic) another Branch if  so be 
it.  In the past 8 months I have had time to think.  Yes I had some disciplinary 
issues, but I gave up when I was punished in Korea for falling asleep.  Everyone 
in a supervisor position played C.Y.A.  I got no stripe &  2 months of 12 hours. 
Strichen  (sic) to Base for what.  (sic) Because I was on Dexepin.  All 
supervisors knew I was on Dexepin.  For pulling a U turn on Base to tell a cop 
that the light is messed up.  So be it.  But once your in trouble it's hard to 
DIG YOURSELF OUT.  You will never see that I did community service @  Osan AB. 
You will never see how many times I fixed a plane and went unnoticed.  You will 
never see Nose Art  I did on C-130's (sic) in Texas.  But you will be able to see 
my Rebuttal to all that has happen  (sic) to me an hear my words on paper since 
paper is what brought me to write you. 

ATCH 
1. Notification Memorandum. 
2. Response to Notification Discharge Proceedings. 
3. Medical Proof. 
4. Response to Letter of Reprimand. 

DEPARTMENT OF THE AIR FORCE 

60TH AIRCRAFT MAINTENANCE SQUADRON (AMC) 

FROM:  60 AMXS/CC 

120 Goodall Street 
Travis AFB CA 94535 

SUBJECT:  Notification Memorandum 

.  . ,  

1.  I  am  recommending  your  discharge  from  the  United  States  Air  Force  for  A  Pattern  of 
Misconduct, Conduct Prejudicial to Good  Order and Discipline.  The authority for this action is 
AFPD  36-32  and  AFI  36-3208,  paragraph 5.50.2. 
If  my  recommendation  is  approved,  your 
service may be characterized as Honorable or General.  I am recommending that your service be 
characterized as General. 

2.  My reasons for this action are: 

a.  On or about 6 Mar 00, you failed to report for duty, for which you received a record of 
individual counseling (RIC), dated 7 Mar 00, with establishment of an unfavorable information 
file (UIF) on 19 Dec 00 (Atch  1, Tab 1). 

b.  On or about 14 Mar 00, you made a false official statement MSgt 

by stating you 
were feeling extremely ill and requested to be excused from duty.  You were allowed to remain 
in your quarters until sick call.  The following day you said you had attended sick call when you 
had not.  For this, you received a letter of reprimand &OR),  dated 16 Mar 00, which was placed 
in your existing UIF on 19 Dec 00 ( ~ t c h  2 Tab 1).  . 

c.  On or about 2 Dec  00,  at Dyess AFB,  Texas, yo 
without leave for three 
days.  You  also make a false official statement to  MSgt 
y  stating that  you  were in 
El Paso, Texas when you in fact you were in Las Vegas, Nevada.  For this, you received an LOR, 
dated 19 Dec 00, which was placed in your existing LW on 19 Dec 00 (Atch 3, Tab 1). 

d.  On or about 12 April 01, you were derelict in the performance of your duties in that you 
failed  to  remain  awake at  work,  a  violatibn  of  krticle  92,  UCMJ.  For this,  you  received  an 
Article  15, dated  1 -May 0 1, which was placed in your existing LUF.  Punishment consisted of a 
suspended reduction to  the  grade  of  airman, forfeiture of  $150.00 per  month  for two months 
suspended until 3 1 Oct 0 1, and 45 days of extra duty (Atch 4, Tab 1). 

e.  On  or about 3 May  01, you  reported late for duty.  On  or about  16 May  01, you were 
assigned speedy details during aircraft recovery.  While the aircraft was taxiing in past your post, 
'  you  were  a  hundred  yards  away 
hill  watching  other  aircraft  land.  On  or  about 
3 1 May 01, you were asked by SS 
not to ride your bike to work because of its unsafe 
condition.  You  continued to  ride  your  bike to  work  over the  weekend  and  hid  it  around the 
compound.  On 4 Jun 01, you were told again not to ride your bike to work until it was fixed.  On 
or  about  5  Jun  01  you  rode  your  bike  to  work  again  and  hid  it  behind  the  hangar.  When 
questioned  about  your  bike  you  stated  that  you  did  not  ride  your  bike  to  work.  Later,  you 
admitted you did in fact ride in it.  For your actions, you received an RIC, dated 5 Jun 0 1, which 
was placed in your existing UIF (Atch 5, Tab 1). 

f.  On  or  about  30  Nov  01,  you  were  disrespec 

0  by  continually 
interrupting a conversation between ~ ~ g t l ( l s J ) a n d  SS 
and after being told 
to  stop interrupting the  conversation you  responded  by  saying "alright  screw you  guys!"  For 
your actions, you received an LOR, dated 3 Dec 0 1, which was placed in your existing UIF on 
3 1 Jan 02 (Atch 6, Tab 1). 

g.  On or about 20 Oct 02, you failed to show to Blue flight roll call at 0630 in Hangar 841, 
for which you received an RIC, dated 21 Oct 02, which was placed in your existing LJIF (Atch 7, 
Tab 1). 

h.  On or about 28 Oct 02, you were cited for driving 36 mph in a 25 mph speed limit zone 
and without a valid vehicle insurance.  This was ;our  third traffic citation since 3 1 Mar 02.  For 
your actions, you received an LOR, dated  07 Nov  02, which was placed  in your  existing UIF 
(Atch 8, Tab 1). 

i.  On  or  about  17 Nov  02,  you  were  observed by  Security Forces  driving recklessly  on 
Travis Avenue.  Specifically, you were  spinning your tires with  enough velocity to  generate a 
squealing noise.  Then upon entering Travis Avenue westbound your  vehicle turned across the 
entire four lanes of traffic.  Additionally, you turned rapidly onto southbound Burgan Boulevard, 
failing to signal or yield to cross vehicles and pedestrian traffic.  For your actions, you received 
an LOR, dated 06 Dec 02, which was placed in your existing LTIF  on 25 Nov 02 (Atch 9, Tab 1). 

j.  On or about 29 Nov 02 you failed to report for duty at the time prescribed.  At 0615 you 
called  MS- 
and iold  him  you  were stuck  in  Fresno,  California because  your  car  broke 
down.  You were told to report no later that  1600.  You did report to duty at 1600 in the car that 
you  said was broken down.  Previous history revealed that you (1) failed to report for duty on 
29 Oct 02 claiming your car had  broken down in Oregon when in fact if was working fme; and 
(2) failed to return to duty on 14 Sep 02 after your supervisor allowed you to go get some sleep. 
For your actions, you received an LOR, dated 06 Dec 02, which was placed in your existing UIF 
on 29 Dec 02 (Atch 10, Tab 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 are to 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  in the  Air  Force, and  any  special pay,  bonus monies,  or  education 
assistance funds may be subject to recoupment. 

4.  You have the right to consult with an attorney.  Military legal co 
assist you.  I have made an appointment for you to speak with Captain 
Defense  Counsel,  540  Airlift  Drive,  Bldg.  381,  Suite  D-100,  Tra 
94535-2479, DSN 837-4569; Commercial, (707) 424-4569, on 23  .X&N @3 
You may also consult civilian counsel at your own expense. 

at- 

hours. 

5.  You have the right to submit statements on your own behalf.  Any statements you wish the 
separation authority to  consider must reach me  by  (three workdays from service of this  letter) 
hours, unless you request and receive 

, no  later-than  10 &7 

~4..7-& -Pf'?, 

an extension for good cause.  I will send the separation authority any documents you submit. 

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

at ] 0 3 5  hours to consult with a physician. 

8.  Any personal information you furnish in rebuttal will be covered by the Privacy Act of 1974. 
A copy of AFI 36-3208 is available for your use in the Orderly Room. 

9.  Execute the acknowledgment and re 

Commander 

.C 

Attachments: 
1.  AF Form  174,7 Mar 00; AF Form 1058, 19 Dec 00 
2.  LOR,  16 Mar 00; AF Form 1058,19 Dec 00 
3.  LOR,  19DecOO;AFForm 1058,19Dec00 
4.  AFForm3070,l May01;AFForm  1137UIF 
5.  AF Form 174,5 Jun 01; AF Form 1058,s Aug 01 
6.  LOR, 3 Dec 0 1 ; AF Form 1058,3 1 Jan 02 
7.  AF Form 174,21 Oct 02; AF Form 1 137 UIF 
8.  LOR, 7 Nov 02; AF Form 1 137 UIF 
9.  LOR, 6 Dec 02; AF Form  1058,25 Nov 02 
10  LOR, 6 Dec 02; AF Form  1058,29 Dec 02