AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I 

GRADE 

1  AIC 

I 

I  X 
I 

RECORDREVIEW 

I 

ADDRESS AND OR ORGANEATION OF COUNSEL 

~ 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

I 

1 

I 
1  NAME OF COUNSEL AND OR ORGANIZATION 
I 

I 

MEMBER SITTING 

TYPE  GEN 
COUNSEL 
No 

YES 

A 

A 

C.-..-....-..-..-.-------------------' 
ISSUES  A94.06 

I  INDEX NUMBER 

A67.90 

X 

X 

X 

X 

X 

EXHIftlXS SUBMITTED TO THE BOARD 

1  1  I  ORDER APPONTmG THE BOARD 

APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFlCATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 

1  HEARING DATE 
1  30 Jun 2004 
I  APP1.ICANT.S ISSUE hVI) lliE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL KATlON.9L.E 
1 
Case heard  at Washington, D.C. 

FD-2004-00113 

CASE NUMBER 

I 

I 

I 

I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

Advise applicant of the decision of the Board. 

TO: 

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

IKDORSEhlENT 

.- 

FROM: 

DATE:  6/3012004 

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-2004-001 13 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was offered a personal appearance before the Discharge Review Board ( D m )  but declined to 
exercise this right. 

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

FINDINGS:  The Board grants the requested relief. 

The  Board  finds  that  neither  the  evidence  of  record  nor  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 reason and authority for discharge inequitable. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article  15s, a Record of Individual Counseling and one Memorandum for Record for 
misconduct.  The DRE3 opined that the issuance of a Memorandum for Record and subsequent discharge less 
than four months prior to the applicant's  term of enlistment was too harsh. 

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 by  an Honorable discharge and should be changed under the 
provisions of Title 10, USC  1553. 

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 Lackland AFB, Texas on 26 Aug 
99 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: 19 Jan 77. Enlmt Age: 18 10/12.  Disch Age: 22 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-32,  E-55,  G-44,  M-37. PAFSC: 4N031 -  Medical Service Apprentice. 
DAS: 13 Nov 98. 

b.  Prior Sv: None.  (Examiner's Note:  DD Form 214, block 12e indicates 1 
Yr 1 Mo 14 days inactive service.  However, there are no documents in the file to 
support it) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  6 Dec 95 for 4 yrs. Svd: 3 Yrs 8 Mo 21 Das, all AMS. 

b.  Grade Status:  A1C -  3 Aug 97 
A m  -  6 Jun 96 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 22 Sep 98, Misawa AB, Japan -  Article 92.  You, on or 

-I 

2 

-2 

about 22 Aua 98. havina knowledae of a lawful order 
issued by  Lt ~ol- 
Deputy Commander, dated 14 Au 
lawful order issued by Lt Col 
31 Mar 98, to wit:  not to dr 
your duty to obey, did fail to obey the same.  Suspended 
reduction to Airman, and forfeiture of $200.00 pay per 
month for 2 months. (No appeal) (No mitigation) 

the Support Group 

(2) 10 Feb 97, Misawa AB,  Japan -  Article 121.  You did, on 
or about 16 Jan 97, steal two conpact discs and one pair 
of sweatpants of a value of about $45.44, the property 
of the Army Air Force Exchange Service.  Suspended 
reduction to Airman Basic, forfeiture of $100.00 pay per 
month for two months, and 45 days extra duty. 
(No appeal)  (No mitigation) 

e.  ~dditional: MFR, 12 APR 99 -  Dereliction of duty. 

RIC, 11 FEB 99 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 6 Dec 95 -  5 Aug 97  Misawa AB  3  (Initial) 

6 Aug 97 -  5 Aug 98  Misawa AB  4  (Annual) 

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

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

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Mar 04 

(Change Discharge to Honorable) 

would like a review of my records, requesting the 
Honorable.  I was given the General discharge for 

Issue 1:  I 
change of Gener 
misconduct.  I do not deny the misconduct but I do feel to loose  (sic) all my 
benefits as a vetern is to harsh.  I would like the court to review my records 
my mistakes that where  (sic) made I have learned from and, I am still trying my 
best to improve myself each day.  I served 3 years and 8 months in the Airforce 
(sic). I worked hard each day, and never had any discipline problems while on 
duty.  I paid 1,200 dollars for the G.I. bill which I can not obtain because of 
my discharge.  I would like to recieve (sic) this to better my mind is  (sic) 
College.  I am in college at this time and this change will help me a lot.  So I 
ask that you please review my records and change my discharge to Honorable. 

ATCH 
1. DD Form 214. 

I 

DE-  ARTMENT OF THE AIR 
59'h Medical Wing (AETC) 

g d -  ab//3' 

/ 

r" 
/' 

MEMORANDUM FOR A1 

FROM:  859 MSGSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for A Pattern of 
Misconduct, specifically 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 will be characterized as Honorable or General. 
I  am recommending that your  service be  characterized as  Under Honorable  Conditions 
(General). 

2.  My reasons for t h s  action are: 

a.  On or about 16 Jan 97, you stole two compact discs and one pair of sweatpants 
valued a $45.44 from, the Army Air Force Exchange Service at Misawa Air Base, Japan, 
for which, you received an Article  15 on  10 Feb 97 and a Unfavorable Information File 
on  16 Jan 97.  Your punishment included a reduction to the grade of Airman Basic (E-1), 
suspended until  2 Aug  97, forfeiture of $100.00 pay per  month for two months and  45 
days extra duty. 

b.  On or about 22 Aug 98, you disobeyed a lawful order not to operate a motor 
vehicle which it was your duty to obey,  for which infraction, you were given an Article 
15.  Your punishment included a reduction to the grade of Airman (E-2), suspended until 
21 Mar 99 and forfeiture of $200.00 pay per month for two months, and an Unfavorable 
Information File (UIF) was started for misconduct. 

, 

c.  On or about 16 Dec 98 and 27 Jan 99, you failed to attend a Personal Financial 
Management  (PlWIP)  Seminar,  for  which,  you  received  a  Record  of  Individual 
Counseling (RIC) dated 11 Feb 99. 

d.  On  or  about  12 Apr  99,  you  turned  in  an  incomplete  mobility processing 
checklist to  your  NCOIC  which  was  given to  you  by  your  superintendent one  week 
before.  You failed to have your immunization portion completed and could not furnish 
-'your shot record, for which you were verbally counseled.  This counseling is documented 
in a Memorandum for Record dated 12 Apr 99 concerning this incident. 

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 

- 

e will be characterized. - 1f ;&I 

@ p2p&+-  m'q 

are discharged, you 

.  Military Legal Counsel has been obtained for you.  I 
u to consult &A mws  ( 
at Building 
You may consult civilian counsel at 
ivilian counsel must be readily available. 

it statements in your own behalf.  Any statements you want 
to  consider must  reach me  within  three workdays,  unless  you 
r  good  cause  shown.  I  will  send  them  to  the 

submit statements in your own behalf, your failure 

u have been  scheduled  for a medical  examination.  You must report to Building 
6612,  Rm  502,  Monday  through  Friday,  between  1300 -  1500  with  your  medical, 

.  Any  personal  information you  furnish in  rebuttal  is  covered  by  the Privacy Act  of 
1974.  A  copy of AFI 36-3208 is available for your use  at the  59"  Surgical Operations 
orderly room. 

Commander, ~ 5

Surgical Operations Squadron 

9 ~ ~  

AF Form 3070 dated 10 Feb 97 
UIF dated 16 Jan 97 
AF Form 3070 dated 22 Sep 98 
AF Form 174, RIC dated 11 Feb 99 
MFR dated 8 Jan 99 

Attachments: 
1. 
2. 
3. 
4. 
5. 
6.  MFR dated 12 Apr 99 
7. 
8. 

Statement of Understanding 
Airman's  Receipt of Notification Memorandum