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AIR FORCE DISCHARGE REVJEW BOARD HEARING RECORD 

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NAME OF SERVICE hlEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAX 

H E A R K G  DaTC 

CASE YUhlBEP 

)  TAPE RECORDTNG OF PERSONAL APPEAR4NCE 

1 

24 JUII 2004 
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Case heard at Washington, D.C. 
1  Adv~se applicant of the decision of the Board and the right to submit an applicat~on to the AFBCMR 

.". 

1 
1 

SAFJMRBR 
550 C STREET WEST. SUITE40 
KANDOLPH AFB, TX 781 50-4742 

I 

SECRETARY or 11~1 AIR r o u m  PERSOPNEL COUNCIL 
&lilPORCEDISCIURGE REVIEW B O A R D  
ISJ6COMMANII DR. EE HTNG. JRD FLOOR 
A N Y E W S  WB,MD 20761-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-VZ) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAI,  RATIONALE 

CASh NIIbIBER 

FD-2004-00091 

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. 

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

FINDINGS:  Upgrade of Discharge to Honorable is approved. 

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

The  Board  finds  that  neither  the  evidence  of  record  or  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided  by applicant, the Board finds the applicant's  discharge inequitable. 

Issue.  Applicant contends discharge was inequitable because  it was too harsh.  The records indicated the 
applicant receixd an Article  15, two Lctters of Reprimand, one Letter of Counseling, and two Records of 
Individual  Counseling for misconduct.  The majority of these incidents happened  within a 4-month period. 
After a thorough and complete consideration of the information submitted by the appIicant and contained in 
the records, the Board concluded there was sufficient mitigation to substantiate upgrading the members' 
discharge.  However, because of the nature of the respondent's  misconduct, the Board concluded that neither 
changing the reason and authority for the respondent's  discharge nor changing his reenlistment code are 
warranted. 

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.  However, in view of 
the  foregoing  findings, the Board  further  concludes that  the  overall  quality  of  applicant's  service  is more 
accurately reflected  hy  an Honorable  discharge.  The board  found mitigating circulnstances  surrounding the 
respondent's  most  serious misconduct.  Specifically.  the  illness  of  the  respondent's  grandfather  and  a  car 
accident  the respondent  was  involved in  shortly before  the misconduct  occurred.  Both of these events were 
deemed  significant  enough  to  be  taken  into  account  when  characterizing  the  respondent's  service.  The 
applicant's  characterization should be changed to  honorable under the provisions of Title 10, USC  1553. 

DEPARTMBNT OF THE AIR  FORCE 

AIR FORCE DISCHARGB REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH A1C) 

FD2004-00091 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Andrews AFB, MD on 22 Sep 95 
UP AFI 36-3208, para 5.50.2 (Misconduct -  Conduct Prejudicial to ~ o o d  Order and 
Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 31 Aug 75.  Enlmt Age: 18 0/12.  Disch Age: 20 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-65,  E-64,  G-55,  M-40. PAFSC: 4N031 -  Medical Service Apprentice. 
DAS: 22 Jun 94. 

b.  Prior Sv: (1) AFRes 24 Sep 93 -  13 Oct 93  (20 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  14 Oct  93 for 4 yrs. Svd: 1 Yrs 11 Mo  9 Das, all AMS. 

b.  Grade Status:  AMN -  19 Jul 95 (Article 15, 19 Jul 95) 

A1C  -  14 Feb 95 
AMN  -  14 Apr 94 

c .   Time Lost:  None 

d.  Art  15's:  (1) 19 Jul 95, Andrews AFB, MD  -  Article 92.  You did, on 

or about 9 Jun 95, steal gasoline, military property, of 
a value of about $10.00, the property of AAFES GAS-N-GO. 
Article 121.  Furthermore, you, who knew of your duties, 
on or about 10 Jun 95, were derelict in the performance 
of those duties in that you willfully failed to remain 
on quarters, as it was your duty to do.  Reduction to 
airman. (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 19 JUL 95 -  Failure to go. 
LOR, 27 APR  95 -  Failure to go. 
LOC, 13 APR  95 -  Failure to go. 
RIC, 03 FEB 95 -  Dereliction of duty 
RIC, 03 NOV 95 -  Failure to go. 

f .  CM:  None 

g.  Record of SV: None. 

h.  Awards &  Decs:  NDSM, AFTR 

i.  Stmt of Sv:  TMS:  (1) Yrs  (12) Mos  (0) Das 
TAMS: (1) Yrs  (11) Mos  (9) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 3 Mar 91. 

(Change Discharge to Honorable) 

Issue 1:  Documents 1-6: Issues that caused my discharge. 

Issue 2:  Document 5: I was disciplined for a crime I did not comtt  (sic) 

and instructed by  legal counsel to take the Art 15 or I would go to jail for six 
years.  My  legal counsel was picked by my First Sergeant the very person who 
told me  that he was getting rid of me.  I did not have a  (sic) option to pick 
representation.  I did as I was instructed since I was not aware of my rights, 
very nieve and I was only nineteen years old.  Refer to Document 7 also.  Thank 
you. 

ATCH 
1. DD Form 214. 
2. Two Records Of Individual Counselings. 
3. Letter of Counseling, 13 Apr 95. 
4. Letter of Reprimand, 27 Apr 95. 
5. AF Form 3070. 
6. Letter of Reprimand, 19 Jul 95. 
7. Response to Article 15. 
8 .   Two Letters of Recommendation. 
9. Notification Memorandum. 
10. Response to Discharge Notification. 

DEPARTMENT OF T H E  AIR  FORCE  pmm V - ~ P /  

HEADOUARTERS 89TH AIRLIFT WING (AMC) 

RROM:  89 MDOVCC 

1050 W. Perimeter Road, Suite A1-6 
A n h  AFJ3, Maryland  20762-5000 

SUBJECT:  Notification Memorandum 
1.  I am recommending your discharge h m  the United States Air Force for A Pattern of Miswnduct - 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 rwmmendation is approved, your senice will be characterized as an Honorable or a 
General Discharge.  I am recommendiug that your s e ~ c e  be characterized as a General (under honorable 
conditions) Discharge. 

2.  My reasons for this action are: 

a  You did, at or near Andrews Air Force Base, Maryland, on or about 17 July 1995, without authority, fail to 

go,  at the time prescribed, to your appointed place af duty, as evidenced by a Letter of Reprimand dated 19 July 
1995. 

b.  You did, at or near Andrews Air Force Base,'Marylaod, on or about 9 June 1995, steal gasoline, of a value 
of about $10.00, the property of AAFES GAS-N-GO, as evidenced by  a Record of Nonjudicial Punishment (Article 
15) dated 19 June 1995. Further, ymg  who knew of your duties at Andrews Air Force Base, Maryland, on or about 
10 June 1995, were derelict in the performance of those duties in that you uiUfuly failed to remain on quarters, as 
it was your duty to do, as evidenced by the same Record of Nonjudicial Punishment (Article 15) cited abwe. 

c.  You did, at or near Andrews Air Force Base, Maryland, on or about 25 April  1995, without authority, fail 
to go, at the time premied, to your appointed place of duty, as evidenced by a Letter of Reprimand dated 27 April 
1995. 

d  You did, at or near Andrews Air Force Base, Maqland, on or about 13 April 1995, without authority, fsil 
to go, at the time p r e x : n i  to your appointed place of duty, as evidenced by a Letter of Counseling dated 13 April 
1995. 

e.  You were, at or near Andrews Air Force Base, Maryland, on or about 27 Jarmary 1995, derelict in the 

performance of your duties with respect to the performance of an inventory on a crash cart, as evidenced by an AF 
Form 174, Record ofhdividual Counseling, dated 3 February 1995. 

f.  You did, at or near Andrews Air Force Base, Maryland, on or aboul31 October 1994 and on or about 2 
November 1994, without authority, fail to go to scheduled EMT exams wthout notif5ing your supenisors, as 
evidenced by an AF Form 174, Record of Indiwdual Counseling, dated  3 November  1994. 

Copies ofthe documents to be forwarded to the separation authority in suppor& of this recommendatiou are 
attached  The wmmander exercising SPCM jurisdiction or a lugher authority will decide whether you will be 
discharged or retained in the Air Force an4 if you are discharged, how your senice uiU be characterid.  If yon 

AMC - GLOBAL REACH FOR AMERICA 

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 

3.  You have the right to consult c o q l .  Military legal counsel has been obtained to assist you.  I have made an 
appintment for you to consultQijDYYllDt Bldg 1430 Arnold Avenue at ext. 6624, at the Area Defense 
Counsel's office on 5 Smtember 1995 at 1430 hours.  You may consult civilian d at your own expense. 

4.  You have the right to submit statements ip vour o m  behalf.  Any statements you want the separation 
authority to consider must reach me by 3 d-/Wp 95- 
authority. 
good m e

 shown  I will send them to the sep&on 

unless you request and receive an extension for 

5.  If you fail to consult c o d  or to submit statements in your own beh,.Ilf, your failure wiu constitute a waiver of 
your right to do so. 

6.  You have been scheduled for a medical e h t i o n  You must report to Bldg 1075, Flight Medicine Clinic, 
Malcolm Grow Medical Centa at 0800 hours on 5 September 1995 for the examination. 

7.  Any personal information yon fnrnish in rebuttal is owered by the Privacy Act of 1974.  A copy of AFI 36- 
3208 is available for your use at the Publications Library. 

Commander, 89th Medical Operations Squadion 

2 Attachments: 
I.  Supporting Documents 

1-1.  LORdtdl9Jul95 
1-2.  Article 15 incidents of 9-10 Jun 95 
1-3.  LOR 27 Apr 95 
 LOC dtd 13 Apr 95 
I
1-5.  ROCdtd3Feb95 
1-6.  ROC dtd 3 Nov 94 

.

2.  Airman's Receipt of Notification Memorandum