1  AMN  ~- 

RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

AFSNtSSAN 

GRADE 

I X  

I 

I 

MEMBER SITTING 

HON 

GEN 

I  UOTHC 

I  OTHER 

I  DENY 

VOTE OF THE BOARD 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

VICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

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NAME OF COUNSEL AND OR ORGANIZATION 

CoUNSf& 

YES 

No 

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L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

ISSUES  A94.05 

INDEX NUMBER 

A67.50 

I 

I 

I 

" 

I 
*ti, 7  .  EXHEBITS SUBMITTED TO THE; ?IJ@m,, 
1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR  REVIEW OF DISCHARGE 

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m* 

* 

+ 

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LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

I 

HEARING DATE 

I  12 May 2004 

CASE NUMBER 

FD-2004-00059 

I 

APPLICANT'S ISSUE AND TW  BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE AITACtED AIR FORCE DISCHARGE REVIEW BOAIUI DECISIONAL RATlONAlE 

I 

Case heard at Washington, D.C 

1  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: 

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

INDORSEMENT 

FROM: 

DATE:  511212004 

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 

C4SE NUMBER 

FD-2004-00059 

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. 

ISSUE:  Applicant  contends discharge was  inequitable because  it  was too harsh  and  he  would like his GI 
Rill  benefits.  The  records  indicated the  applicant  received  two  Article  15s, a  Vacation  action  under  the 
UCMJ  and  two  Letters  of  Reprimand  for  unauthorized  use  of  a  government  computer,  financial 
irresponsibility, failure to pay is government credit card and for dereliction in the performance of his duties. 
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.  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  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 AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  M D  

(Former AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Mountain Home AFB, ID on 22 
Jul 02 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 4 May 77.  Enlmt Age: 18 0/12.  Disch Age: 25 2/12. Educ: HS DIPL 
AFQT: N/A.  A-89,  E-61,  G-59,  M-41. PAFSC: 1C351 -  Command Post Journeyman. 
DAS: 28 Sep 98. 

b.  Prior Sv: (1) AFRes 13 May 95 -  19 Jul 95  (2 months 7 days) (Inactive) 

(2) Enlisted as AB 20 Jul 95 for 4 yrs.  Extended 28 Apr 97 
for 2 months.  Svd: 3 yrs 0 months 9 days, all AMS.  AMN -  20 Jan 96.  A1C -  20 
Nov 96.  SrA -  20 Jul 98.  EPRs: 4,5. 

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 30 Jul 98 for 6 yrs. Svd: 3 Yrs 11 Mo 22 Das, all 

AMS . 

b.  Grade Status:  AMN  -  30 May 02  (Article 15, 30 May 02) 

A1C -  22 Jun 01 (Vacation of Article 15, 13 Nov 01) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 30 May 02, Mountain Home AFB, ID -  Article 92.  You, 

having knowledge of a lawful order issued by Lt Col 

to wit: to not drive on Mountain Home 

AFB except from the front gate to the hospital, 
commissary, BX, and shoppette, dated 26 Feb 02, an order 
which it was your duty to obey, did, on or about 20 May 
02, fail to obey the same by wrongfully driving to the 
community activities center and the base library. 
Reduction to Airman.  (Appeal/Denied) (No mitigation) 

(2) 13 Nov 01, Vacation, Mountain Home AFB, ID -  Article 

92.  You, who knew of your duties, on or about 5 Oct 01, 
were derelict in the performance of those duties in that 
you willfully failed to refrain from driving while not 
having a valid state driver's license, as it was your 
duty to do.  Article 92.  You, who knew of your duties, 
on or about 23 Oct 00, were derelict in the performance 
of those duties in that you willfully failed to appear 
in court, as it was your duty to do.  Reduction to AlC. 

(No appeal)  (No mitigation) 

(3) 22 Jun 01, Mountain Home AFB, ID -  Article 92.  You, 
who knew of your duties, between on or about 1 Jan 01 
and on or about 14 Jun 01, were derelict in the 
performance of those duties in that you willfully failed 
to pay your Bank of America Government Travel Card in 
full upon receipt, as it was your duty to do.  Suspended 
reduction to AlC, forfeiture of $50.00 pay per month for 
two months, and a reprimand. (No appeal)  (No mitigation) 

e.  Additional: LOR, 9 'MAR 01 -  Financial irresponsibility. 

LOR, 3 MAR  00 -  Unauthorized use of a government computer. 

f.  CM:  None. 

g.  Record of SV: 20 Mar 98 -  06 Aug 98  Keflavik NAS 

5  (CRO) 

07 Aug 98 -  06 Aug 99  Mountain Home AFB  4  (Annual) 
07 Aug 99 -  18 Apr 00  Mountain Home AFB  4  (CRO) 
19 Apr 00 -  18 Apr 01  Mountain Home AFB  4  (Annual) 

h.  Awards &  Decs:  AFAM, NDSM W/1 DEV, AFTR, AFLSAR, AFOUA, AFGCM. 

i.  Stmt of Sv:  TMS: (7) Yrs  (2) Mos  (10) Das 

TAMS:  (7) Yrs  (0) Mos  (3) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 Jan 04. 

(Change Discharge to Honorable) 

Issue 1:  I disagree with the type of discharge that I recieved  (sic).  I 

wish for records to be reviewed for an upgrade to Honorable.  My College- 
Montgomery GI Bill benefits were greatly affected due to the type of discharge. 

Issue 2:  I was denied any Montgomery GI Bill College fund due to the 

'General' discharge that I received.  I saved my first four years of service 
under Honorable conditions and was informed that I would be still be  (sic) able 
to get my Montgomery GI Bill because of my first enlistment.  I wish to be 
eligible for the GI Bill. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 366TH SUPPORT GROUP (ACC) 

MOUNTAIN HOME AIR FORCE BASE, IDAHO 

MEMORANDUM FOR A&& 

FROM:  366 MSS/CC 

SUBJECT:  Notification Memorandum--Board Hearing 

1. I am recommending your discharge from the United States Air Force for a Pattern of Misconduct. 
The authority for this action is AFPD 36-32, Military Retirements and Separations and AFI 36-3208, 
Administrative Separation of Airmen,  paragraph  5.50.2.  If my recommendation is approved, your 
service  can  be  characterized  as  honorable,  general,  or  under  other  than  honorable  conditions 
(UOTHC).  I am recommending your service be characterized as general.  Copies of the documents 
to be forwarded to the separation authority to support this recommendation are attached. 

2.  My reasons for this action are: 

a.  On 
Mountain 
shoppette. 

o not drive on 
or about 20 May 02, you  disobeyed an order,  issued by Lt Col 
Home Air Force Base,  except from the front gate to the hospital,  commissary, BX,  and 
As a result, you received an Article 15 on 23 May 02.  (Tab 1, Atch  1). 

b.  On  or about  5  October 2001  and  on  or about 23  October 2001, you  were  derelict in  the 
performance of your duties by driving without a license and failing to appear in court.  As a result, 
you received an Article 15 vacation action on 7 Nov 01.  (Tab 1, Atch 2). 

c.  On  or  about  1  January  2001  and  on  or  about  14 June  2001,  you  were  derelict  in  the 
performance of your duties by failing to pay your Bank of America bill.  As a result, you received an 
Article 15 on 18 Jun 0 1.  (Tab 1, Atch 3). 

d.  On or about 3 March 2001 investigation disclosed you were four months delinguent on your 
Bink of America bill.  Further, your payment by check was returned for non-sufficient funds.  As a 
result, you received an LOR on 9 Mar 01.  (Tab 1, Atch 4). 

e.  On  or  about  30  December  1999,  you  used  a  government  computer  to  gain  access  to 
unauthorized  Internet sites.  'As a result, you  received a Letter of Reprimand  (LOR)  on 3 Mar 00. 
(Tab 1, Atch 5). 

3.  This  action  could  result  in  your  separation  with  an  under  other  than  honorable  conditions 
(UOTHC) discharge.  The commander exercising SPCM jurisdiction  or higher authority will make 
the final decision in €his  matter.  If you are discharged, you will be ineligible for reenlistment in the 
Air Force and will probably be denied enlistment in any component of the armed forces.  Any special 
pay, bonus, or education assistance funds may be subjected to recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements on your own behalf in addition to, or in lieu of, the board hearing. 

e.  Waive any of the above rights.  You must consult legal counsel before making a decision to 

waive any of your rights. 

5.  You  have  been  scheduled  for  a  medical  examination.  You  must  report  to  the  Physical 
Examination Section at the hospital on Mountain Home AFB. Your scheduled medical examination 
is on  0 /  day, x\ 02 at /@  hours. You must be in uniform.  If you wear glasses, wear 
them to the scheduled -77- 

e  amination. 

6.  Military legal counsel has been obtained to assist you. I made an appointment for you to consult 
with  the  Area  Defense  Counsel,  a t M 3  hours  on  R ~ K  
02  at building  512. 
Instead of the appointed counsel, you  may have another, if the lawyer you  request is in the active 
military service and is reasonably available as determined according to AFI 51-201.  In addition to 
military counsel, you have the right to employ civilian counsel.  The Air Force does not pay expenses 
incident  to  the  employment  of  civilian  counsel.  Civilian  counsel,  if employed, must  be  readily 
available. 

day,  &fie 

7.  Confer with  your  counsel  and  reply,  in  writing,  within  7 workdays,  specifying the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who also will sign 
it.  If  you waive your right to a hearing before an administrative discharge board, you may submit 
written statements on your own behalf.  I will send the statements to the discharge authority with the 
case  file  to  be  considered with  this  recommendation.  If  you  fail  to  respond,  your  failure  will 
constitute a waiver of the right to the board hearing. 

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

9.  If  you  request  a  board  and  you  fail  to  appear  without  good  cause,  your  failure  to  appear 
constitutes a waiver of your right to be present at the hearing. 

10.  The  discharge board  or,  the  discharge authority will  make  the  finding and recommendations 
required under 10 U.S.C. 2005(g). 

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

6 Attachments: 

1. Art  15, dtd 23 May02 
2.  Art  15 Vacation, dtd 7 Nov 0 l 
3.  Art  15, d1d  18 Jun 01 
4.  LOR, dtd 9 Mar 01 
5. LOR, dtd 3 March 00