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AF | DRB | CY2004 | FD2004-00120
Original file (FD2004-00120.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

I  AlC 

AFSNISSAN 

I 

MEMBER SITTING 

I 

HON 

I 

GEN 

/  UOTHC 

1  OTHER 

I  DENY 

1 

A92.22 7 INDEX NUMBER 

A67.10 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

1 
2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FlLE 

HEARlNG DATE 

17 Jun 2004 

1  CASENUMBER 

I  m-200400120 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

TO: 

I 

.- SAFMRBR 

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

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

- 

( 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND D R  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

I 

I 

I 
I 

I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00120 

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:  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. 

ISSUES: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh in view of marital and 
personal problems he was facing at that time.  The records indicated the applicant received an Article 15 and 
two Letters of Reprimand for misconduct in the enlistment under consideration.  His infractions included 
two failures to go and assault of another military member.  The DRE3 noted all three incidents occurred 
within about a 1 -month period in an otherwise satisfactory period of service.  The Board recognized that 
applicant's marital and family problems had a direct bearing on his difficulties during the last month of the 
enlistment under review.  Prior to these isolated problems, his military record was satisfactory. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRE3 took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  The Board found applicant performed his duties in a 
satisfactory manner for 2 years of his enlistment and concluded his one Article 15 did not seriously detract 
from his otherwise satisfactory record of service.  And although the Board did not condone applicant's 
misconduct, they felt an Honorable discharge is more appropriate. 

Issue 3 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was 
doing well and has a good job.  After a thorough and complete consideration of the information submitted by 
the applicant and contained in the record, the Board concluded there was sufficient mitigation to substantiate 
an upgrade.  Specifically, the Board found the characterization 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.  The applicant's  characterization 
of service should be changed to Honorable 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 SGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Grand Forks AFB, ND on 28 Oct 
91 UP AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 2 Dec 66.  Enlmt Age: 18 11/12.  Disch Age: 24 10/12. Educ: 
Associates Degree.  AFQT: N/A.  A-58,  E-58,  G-50,  M-26. PAFSC: 62350 - 
Services Specialist. DAS: 22 Jun 86. 

b.  Prior Sv: (1) Enlisted as AB  27 Nov 85 for 4 yrs.  Svd: 3 yrs 9 months 

4 days, all AMS.  AMN -  27 May 86.  A1C -  27 Mar 87.  SrA -  27 May 88.  Sgt - 
(EPR Indicates) :  11 Feb 89 -  14 Nov 89.  APRs: 9,9,9,9. 

a.  Reenlisted as Sgt 1 Sep 89 for 4 yrs. Svd: 2 Yrs 1 Mo 27 Das, all AMS. 

b.  Grade Status:  A1C -  1 Oct 91 (Article 15, 1 Oct 91) 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 1 Oct 91, Grand Forks AFB, ND -  Article 128.  You  did, 

on or about 13 Sep 91, unlawfully strike 
on the face with your fist.  Reduction to AlC, and 30 
days extra &ty.  (No appeal) (No mitigation) 

e.  Additional: LOR, 21 OCT 91 -  Failure to go. 
LOR, 18 OCT 91 -  Failure to go. 
LOR, 20 OCT 88 -  Driving on base without a valid driver's 

LOR, 18 SEP 87 -  Losing second ID card. 
RIC, 29 JUL 87 -  Losing ID card. 

license or insurance. 

f.  CM:  None. 

'g. Record of SV: 11 Feb 89 -  14 Nov 89  Grand Forks AFB  4  (CRO) 
15 Nov 89 -  19 Oct 90  Grand Forks AFB  3  (CRO) 
20 Oct 90 -  31 May 91  Grand Forks AFB  4  (CRO) 

h.  Awards &  Decs:  AFOUS, AFGCM, NDSM, AFLSAR, PMER, AFTR. 

i.  Stmt of Sv:  TMS:  (5) Yrs  (11) Mos  (2) Das 
TAMS: (5) Yrs  (11) MOS (2) Das 

4 .   B A S I S   ADVANCED  FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 2 9   Mar 0 4 .  

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1 .   Applicant's Issues. 

Air Force Review Boards Agency 
SAFJ MRBR 
550-C- Street West, Suite 40 
Randolph AFB, TX 781 SO-4742 

Dear Review Board, 

I would like to request a Discharge CharacteFtzation upgrade because of changes in my personal 
life that triggered a mild depressive order during the period that led to my discharge. 

I was going through a dhrorce and I masked my feelings of depression by being initable, angry 
and feeling helpless. At that time, I was not aware it was depression and made somd very 
regretful decisions during that period of my enlistment. Since my separation from the Air Force, 1 
have received counseling. I now have the ability to deal with existential issues being more aware 
of psychological and psychosocial stressor's. 

Today, 1 am happily mamed with children, I have graduated from several schools and have 
received a Certificate in Auto/ truck Mechanics, Associate of Science in Eledronic Technology 
and a Certificate in Network Systems Administration all which have complimented me in attaining 
my present career as an Eledro-Mechanical Technician. 

In my request to upgrade my Discharge Chmderization, please take into consideration my 
exemplary service of conduct prior to my depression and post initiatives that have helped me 
cope with daily stresses and helped me become a better person. 

I very much look forward to learning of your decision soon. 

Thank you for your time in reviewing my request. 

Attachment: l a  

DEPARTMENT OF THE  AIR  FORCE 

HEADOUARTERS 3 1 9 t h   WING (SAC) 

GRAND FORKS AIR  FORCE BASE. NORTH DAKOTA  58205-5000 

2 3 OCT  1991 

REPLY TO 
mw  0,: 

319  SVS/CC 

..,,,,:  Not if icat ion Letter 

1.  I am recommending your discharge from the United States Air Force for 
minor disciplinary infractions.  The authority for this action is AFR  39-10, 
paragraph 5-46.  If lily  recommendation is approved, your service will be 
characterized as honorable or general.  I am reco~iimending that your service be 
characterized as general. 

2.  My reasons for this action are: 

a.  Your failure to go to a medical evaluation and diet counseling 

appointment on or about 3 Oct 91 as evidenced by a LOR dated 18 Oct 91; 

b. 

Your failure to go to a medical evaluation and diet counseling 

appointment on or about 18  Oct 91 as evidenced by a LOR/UIF dated 21 Oct 91; 
and, 

c .   Your unlawfully striking an individual on the face with your fist on 

or about 13  Sep 91 as evidenced by an Article 15 dated 1 Oct 91. 

Copies of the documents to be forwarded to the separation authority in  support 
of this recommendation are attached.  The Commander exercising SPCM 
jurisdiction' or higher authority wi-11 decide whether you will be discharged or 
retained in theAir Force and if  you are discharged(,hi%'-your service will be 
characterized.  If you are discharged, you wi 11  be' ineligible' for reenlistment 
in the Air Force. 

3 . ~  You have the right to consult counsel.  Military legal counsel has been 
obtained to assist you.  You have been scheduled an appointment with Capt 

at 

hours.  You may 

'-at 

Building 216 on 

consult civilian counsel at your own expense. 

4. 

You have the right to submit statements in your own behalf.  Any 

separation authority to consider nust reach me by 
hours unless you request and receive an extension for 
send them to the separation authority. 

5.  If you fail to consult counsel or to submit statements in your own behalf, 
your failure will constitute a waiver of you-r right to do so. 

6.  You have been scheduled for a medical examination.  You must report to the 
319  Medical Group at 4 7 4  hours o n & ~ ~ G ~  f/for  the examination. 

P e a c e   .  . . . i s   o u r   P r o f e s s i o n  

7.  Deliver to me  immediately your military identification card and those of 
your dependents.  I have requested that temporary identification cards be 
issued IAW AFR  30-20, paragraph 2-9.  You will report to me by COBJ.L/~GT$?/, 
to verify that issuance of Temporary Identification Card(s)  has been 
accomplished. 

/%b  LA 

8.  Any personal  information you furnish in rebuttal is covered by the Privacy 
Aet Statement as explained in AFR  39-10, Atch 2.  A copy of AFR  39-10 is 
available for your use in the squadron orderly room. 

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

Commander, 319 SVS 

4 Atch 
1.  Supporting Docu~iients 

a.  LOR dated 18 Oct 91 
b.  LOR dated 21 Oct 91 
c.  Article 15 dated 1 Oct 91 

2.  Airman's Acknowledgment 
3.  EPRs 
4.  RIP 

Other Derogatory Data: 
a.  LOR dated 20 Oct 88 
b.  LOR dated.--18 Sep 87 
c.  LOC dated 29 Jul 87 

, 



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