AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

I  A l C  

AFSNISSAN 

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- 

MEMBER SITTING 

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 APPEARANCE 

HEARING DATE 

12 May 2004 

CASE NUMBER 

FD-2004-80014 

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. 

- 

SAFNRBR  V 

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

TO: 

I 

AFHQ FORM 0-2077, JAN 00 

FROM: 

SECRETARY OF M E  AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCIlARGE REVIEW BOARD 
1 9 5  COMMAND DR EE WING, 3RD n O O R  
ANDREWS AFB, MD 20762-7002 

I 
(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00014 

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

The Board  finds the  applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify  a change of 
discharge. 

ISSUE: 

Issue.  Applicant was discharged for conduct prejudicial to good order and discipline; the records indicated 
the applicant received an Article 15, two Letters of Reprimand, a Letter of Counseling, a Letter of 
Admonishment, and four Memorandums for Record due to misconduct.  His infractions included multiple 
instances of being late to work, various dormitory violations, violating Personnel Reliability Program (PRP) 
requirements, disobeying a lawful order, and making a false statement.  Member failed to reply to any of the 
written disciplinary actions, and at the time of the discharge, member waived his right to consult counsel and 
submit statements in his own behalf.  The record also disclosed that member had a student training report 
wherein he had been counseled for a disrespectful attitude, and he was permanently decertified from PRP 
due to his "contemptuous attitude toward the law and duly constituted authority."  The DRB opined that 
through the unit's  many administrative actions, the applicant had ample opportunities to change his negative 
behavior and was unwilling or unable to do so.  The Board concluded the misconduct was a significant 
departure from conduct expected of all military members and the characterization of the discharge received 
by the applicant was appropriate. 

The applicant cited his desire to return to military service as justification for upgrade.  While the DRB 
commends applicant on this desire and was sympathetic to the impact his reenlistment was having on the 
applicant, this is not a matter of inequity or impropriety which warrants 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 REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr F.E. Warren AFB, WY on 11 Jun 
02 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 Discharge. 

2.  BACKGROUND: 

a. DOB: 7 Oct 81.  Enlmt Age: 19 5/12.  Disch Age: 20 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-89,  E-78,  G-84,  M-79. PAFSC: 2M031A -  Missile and Space 
Electrical Ma'intenance Apprentice. DAS: 23 Nov 01. 

b.  Prior Sv: (1) AFRes 16 Mar 01 -  26 Mar 01 (11 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  27 Mar 01 for 6 yrs. Svd: 1 Yrs 2 Mo 16 Das, all AMS. 

b.  Grade Status:  A1C -  11 May 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 3 Apr 02, F.E. WarrenAFB, WY -  Article 92.  You, 
having knowledge of a lawful order issued by SS~- 
1(I1(lII  to wit: to remain at work for an additional three 
hours to make up for the time lost when you reported to 
work late, an order which it was your duty to obey, did, 
on or about 13 Mar 02, fail to obey the same by 
wrongfully failing to remain in your duty section. 
Article 107.  You did, on or about 14 Mar 02, with 
intent to deceive, make to MSgt 
official statement, to wit:  You had an off-base medical 
appointment, which statement was totally false, and was 
then known by you to be so false.  Suspended reduction 
to Airman, 30 days restriction, and 30 days extra duty. 
(No appeal)  (No mitigation) 

an 

e.  Additional: LOA, 20 MAR 02 -  Visited an off-base medical provider 
without first visiting the Personnel 
Reliability Program Records Office for PRP 
suspension and release form. 

MFR, 08 FEB 02 -  Leaving personal trash in the dormitory 

Day Room. 

LOR, 30 JAN 02 -  Smoking in restricted area. 
MFR, 24 JAN 02 -  Displaying a knife in the dormitory. 
MFR, 24 JAN 02 -  Late for duty. 

LOC, 23 JAN 02 -  Missed appointment. 
LOR, 23 JAN 02 -  Late for duty. 
MFR, 03 JAN 02 -  Late for duty. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (1) Yrs  (2) Mos  (27) Das 
TAMS: (1) Yrs  (2) MOS (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 08 Jan 04. 

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

for Discharge) 

Issue 1:  My request is for 2 things.  I wish to have my discharge upgraded 

to Honorable, and for the "Ineligible" to re-enlist code to be removed.  My goal 
is to reenlist and make a career from the Air Force. 

ATCH 
1. LOC, 23 Jan 02. 
2. MFR, 08 Feb 02. 
3. LOA, 20 Mar 02. 
4. Order Not to Enter or Reenter Military Installation. 
5. R i  x Character Reference . 

DEPARTMENT OF THE AIR FORCE 

90TH SPACE WING (AFSPC) 

FROM:  90 MXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for a pattern of 
misconduct.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. 
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 under 
honorable conditions (general). 

2.  My reasons for this action are: 

a.  You, having knowledge of a lawful order issued by staff sergean-o 

wit:  to 

remain at work for an additional three hours to make up for the time lost when you reported to 
work late, an order which it was you duty to obey, did, at or near Francis E. Warren Air Force 
Base, Wyoming, on or about 13 March 02, fail to obey the same by wrongfully failing to remain 
in your duty section.  For the misconduct in paragraphs a and by you received an Article 15, dated 
3 Apr 02. 

b.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 14 Mar 02, 
with intent to deceive, make to Master s e r g e a n v a n  official statement, to wit: 
You had an off-base medical appointment, which statement was totally false, and was then know 
by you to be so false.  For the misconduct in paragraphs a and b, you received an Article 15, 
dated 3 Apr 02. 

c.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 13 Feb 02, did 
fail to obey an order or regulation by visiting an off-base medical provider without first visiting 
the Personnel Reliability Program (PRP) records office for PRP suspension and a records release 
form.  This was a violation of Capt 
misconduct you received a Letter of Admonishment (LOA), dated 20 Mar 02. 

rder to you on 23 Jan 02.  For this 

d.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 29 Jan 02, did 

fail to obey a direct order not to smoke in the common .areas of your dormitory.  F O ~  
this 
misconduct you received a Letter of Reprimand (LOR), dated 30 Jan 02. 

e.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 18 Jan 02, were 

derelict in your duty for failure to go to a scheduled appointment and failure to inform your 
supervisor of said appointment.  For this misconduct you received a Letter of Counseling (LOC), 
dated 23 Jan 02. 

f.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 23 Jan 02, did 

fail to go to your appointed place of duty at the scheduled time.' For .this misconduct you 
received a LOR, dated 23 Jan 02. 

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 assistance 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 with an attorney at the Area Defense Counsel's 
Office at Building 292, extension 3248, on / 7 M ~ Y  Q.A at / /  3 O hbJ5 
consult civilian counsel at your own expense. 

.  You may 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me w i t h  three w  rkdays after receipt of the 

notification memorandum, that date being 2 2 fly 0 k  , unless you request and 
receive an extension for good cause shown.  I will send ky statements you submit to the 
separation authority for his consideration. 

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 must report to Physical Exams at 0730 hours, on the next duty day after being served for 
an examination. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of MI 36-3208 is available for your use in your Command Support Staff office. 

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

Commander, 90thmMaintenance Squadron 

Attachments: 
1.  Article 15, dated 3 Apr 02 
2.  LOA, dated 20 Mar 02 
3.  LOR, dated 3 0 Jan 02 
4.  LOC, dated 23 Jan 02 
5.  LOR, dated 23 Jan 02 
6.  Other derogatory data not listed in the Notification Memorandum:  four Memoranda for 
Record (MFR), dated 8 Feb 02,24 Jan 02,24 Jan 02, and 3 Jan 02