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AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

/TYPE GEN 

1  wq-- 

I 
j NAMk 1. C0"hSEL  AND OR O.GAN,Tl, 

PERSONAL APPEARANCE 

GRADE 

SRA 
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X 

AFSNISSAN 

1- 

RECORDREVIEW 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

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MEMBER SITTING 

HON 

I 

VOTE OF THE BOkRD 

GEN 

(  UOTHC 

(  OTHEK 

/ 

DENY 

ISSUES  A92.36 

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EXlllBITS SUBMITTED T O  TFIE BOARD 

APPLICATION FOR REVIEW OF DISCHARGE 

1  (  ORDER APPOINTING THE BOARD 
2 
3  1  LETTER OF NOTIFlCATlON 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

11 Mar 2004 
AF'PUCAWS  ISSUE AND THE BOARD'S DEClSlONAl  HATIONAI. AKF DISCUSSED ON THF h'lT ZCHED AIIt FOR 

FD-2004-00011 

: DISCHARGE &VIEW  BOARD DECISIONAL KA1 lONAL k 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout counsel, and the right to 
submit an application to the AFBCMR 

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1 u: 

INDORSEMENT 

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I  FROM 

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DATE:  3/11/2004 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY 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-2004-0001 

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. 

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  and  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. 

ISSUES: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15, seven Letters of Reprimand, one Letter of Counseling, and two Records of 
Individual Counseling for misconduct.  The misconduct included failure to obey a lawful order, failure to go, 
dereliction of duty, unsatisfactory performance, late for work, missing inspection, and departing the local 
area without approved leave. 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. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by  his performance reports, 
letters of recommendation and other accornplishmcnts.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

Issue 3.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, March 22, 
1999) that he understood he must receive an Honorable discharge to receive future educational entitlements. 
The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is 
not a matter of inequity or impropriety which would warrant 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 A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former SRA) (HGH SRA) 

FD2004-00011 

I 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF 17 Jan 03 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, Change to RE Code, Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 3 Aug 79.  Enlmt Age: 19 4/12.  Disch Age: 23 5/12. Educ: HS DIPL 

AFQT: N/A.  A-30,  E-39,  G-36,  M-15. PAFSC: IT151 -  Aircrew Life Support 
Journeyman. DAS :  13 Dec 99. 

b.  Prior Sv: (1) AFRes 28 Dec 98 -  9 Mar 99 ( 2   months 10 days)(Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 10 Mar 99 for 6 yrs. Svd: 3 Yrs 10 Mo 8 Das, all AMS. 

b.  Grade Status:  SrA -  21 Feb 02 
A1C -  02 Apr 99 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 24 Jul 02, Altus AFB, OK -  Article 86.  You, did, on or 

about 24 JUn 02, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Article 92.  You, having knowledge of a lawful order 
issued by Captain 
to get your service dress 
uniform in s e r v i c e n i t i o n ,  an order which it was 
your duty to obey, did, between on or about 25 Jun 02 
and on or about 1 Jul 02, fail to obey the same.  You, 
who knew or should have known of your duties, on or 
about 1 Jul 02, were derelict in the performance of 
those duties in that you willfully failed to maintain 
your dormitory room in accordance with standards set 
forth in AAFBI 36-2002, as it was your duty to do. 
Suspended reduction to AB, 30 days correctional custody, 
and a reprimand.  (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 10 DEC 02 -  Departing the local area without approved 

leave, and dereliction of duty for not 
having the required line badge while 
working on the flight line. 

LOR, 23 MAY 02 -  Dereliction of duty. 
LOR, 02 OCT 01 -  Failure to go. 
LOR, 20 AUG 01 -  Failure to go. 
LOR, 25 MAY 01 -  Dereliction of duty. 

RIC, 26 FEB 01 -  Late for duty and missing inspection. 
RIC, 16 FEB 01 -  Unsatisfactory performance. 
LOR, 01 DEC 00 -  Late for work. 
LOR, 27 JUN 00 -  Late for work. 
LOCI 28 APR 00 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: 10 Mar 99 -  15 Oct 00  Altus AFB  4  (HAF ~ i r )  

16 Oct 00 -  15 Oct 01  Altus AFB  3  (Annual) 
16 Oct 01 -  15 Oct 02  Altus AFB  2  (Annual) 

(Discharged from Altus AFB) 

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

i.  Stmt of Sv:  TMS:  (4) Yrs  (0) Mos  (21) Das 
TAMS: (3) Yrs  (10) MOS  (8) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 31 Dec 03. 

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

for Discharge) 

Issue 1:  Education and reentry change 

ATCH 
None . 

! #  

EPARTNIENT OF THE AIR FORCE 

;g 

97th AIR  MOBILITY WING 

ALTUS AIR  FORCE BASE OKLAHOMA 

FROM:  97 OSS/CC 

SUBJECT:  Notification Letter 

1. I am recommending your discharge from the United States Air Force for minor disciplinary 
infi-actions.  The authority for this action is AFPD 36-32 and AFI 36-3208, section 5H, paragraph 
5.49.  If my recommendation is approved, your service could 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 1 Dec 02, you were derelict in your duties in that you departed the local 

area without approved leave fiom your unit.  Along with that incident, you were detained by 
security forces because you did not have your line badge while performing duties on the flight 
line as required by local and Air Force regulations.  For this misconduct, you received a letter of 
reprimand (LOR) and this discharge action was initiated. 

b.  On or about 24 Jul02, you failed to go to your appointed place of duty at the time 

prescribed, you failed to obey a lawful order, and you were derelict in the performance of your 
duties by failing to maintain your dormitory room in accordance with set standards. For this 
misconduct, you received an Article 15. 

c.  On or about 23 May 02, you failed to perform a necessary pre-flight inspection and 

wronghlly completed an official government document to indicate that you had done the 
inspection.  For this misconduct, you received an LOR. 

d.  On or about 2 Oct 01, you failed to go to your appointed place of duty at the time 

prescribed.  For this misconduct, you received an LOR that was added to your existing 
unfavorable information file (UP). 

e.  On or about 20 Aug 01, you failed to go to a mandatory medical appointment.  For this 

misconduct, you received an LOR, placement on the control roster, and establishment of a UIF. 

f.  On or about 25 May 01, you were derelict in your duties in that you were found asleep 
while on duty which caused a delay in pre-flight processing of an aircraft. For this misconduct, 
you received an LOR. 

g.  On or about 26 Feb 01, you failed to show for an open ranks inspection due to the fact 
that you were late for duty.  For this misconduct, you received a record of individual counseling 
(NC). 

! - -j 

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h.  On or about 16 Feb 01, you failed to perform duties as required by technical orders 
o the assigned task.  You were counseled on your responsibilities to pay attention to 
review your training materials, and that all your work would be inspected by a 
r to ensure you are performing assigned tasks correctly.  For this misconduct, you 

i.  On or about 1 Dec 00, you were instructed to report to duty at 1530 hrs for swing shift 

duty; however, you failed to show.  For this misconduct, you received an LOR. 

j.  On or about 27 Jun 00, you reported to work 36 minutes past the appointed time.  For 

this misconduct, you received an LOR. 

k.  On or about 28 Apr 00, you failed to report to your appointed place of duty at the 

required time.  At that time, it was also discovered that you had been 30 minutes late for duty on 
25 Apr 00, and that you had been late to unit physical conditioning on more than one occasion. 
For this misconduct, you received an LOC. 

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 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, or education funds may be subject 
to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult the Area Defense Counsel at Building 52 on 
9 3 - n   0 3  

. You may consult civilian counsel at your own expense. 

at  0 900 

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  boo  i 3 3 an 03 
you request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

(3 duty days) unless 

6.  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. 

7.  You have been scheduled for an initial separation briefing with MPF separations.  You must 
report to building 52, at  1000 

on  7 3 96 03 

8.  You have been scheduled for a medical examination.  You must report to the base hospital, 
(family practice/physical exams), at  10  3 0  

l O S a a 0 3  

on 

9.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in the unit orderly room. 

4Y 

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e attached acknowledgment and return it to me immediately. 

1.  Supporting Documents 

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. 

a.  LOR, dated 10 Dec 02 
h.  Article 15 wiatch, aated 24 Jul02 
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c.  LOR, dated 23 May 02 
d.  LORKID?, dated 2 Oct 0 1 
e.  LORRTIFiControl Roster, dated 20 Aug 01 
f.  LOR, dated 25 May 01 
g.  LOC, dated 26 Feb 01 
h.  LOC, dated 16 Feb 01 
i.  LOR, dated 1 Dec 00 
j.  LOR, dated 27 Jun 00 
k.  LOC, dated 28 Apr 00 

2.  Other documentation; AF Form 2096 
3.  Airman's Receipt of Notification Letter