-. 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

I 

TYPE  GEN 

PERSONAL APPEARANCE 

I X  

I  RECORDREVIEW 

NAME O F  COLINSEL AND OR ORGANlWTlON 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

I 

MEMBER SITTING 

HON 

GEN 

VOTE O F  THE BOARD 

I  UOTHC 

)  OTHER 

1 

1 

1  DENY 

INDEX Kl'hlRER 

HEARING DATE 

CASE NUMBER 

,\67.50  7 EXHlBH'S  SUBMl'ITED T O  TlfE BOARD 

-- 

I I 

ORDER  APPOINTING THE BOARD 
APPLICATION  FOR  REVIEW OF DISCHARGE 

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

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMJTTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

1 

28 Jul2004 
APPLIC.4NT'S  ISSUE  rU\D T H t  BON(IYS  UFC'ISI0N.U RATIONAL A M  1)ISCTSSED ON THE  XTTACIIED ,\IR  FORCE DISCHAROE RtV1t.W  BOARD Df:ClSIOI\'AL  R A T I O N U  

FD-2004-00126 

I 

I 

I 

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 

I  ; 

" ' " " " ' ~ ~ - - - ~ - ' ~ ' ~ - ' - - - - - - - ' - - - - - - - - - - - - - - - - - -  

INDORSEMENT 

- 

FROM: 

.. .. 

DATE:  7/28/2001 

-  ...... 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 1 50-4742 

SECRETARY O F  THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFB, nm 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-2004-00126 

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. 

The  Board  finds  that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE:  Applicant  does  not  contest  his  discharge.  He  merely  states  that  he  is  a  law  abiding  citizen, 
maintains  a  steady  and  successful job,  and  made  a  smooth  transition  back  into  civilian  life.  The records 
indicated  the applicant  received  two  Article  15s, five  Letters  of Reprimand,  and  one Record  of Individual 
Counseling for misconduct.  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. 

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 AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr Luke AFB, AZ on 9 Sep 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: 7 Nov 79.  Enlmt Age: 19 6/12.  Disch Age: 22 10/12. Educ: HS DIPL 

AFQT: N/A.  A-83,  E-75,  G-68,  M-94. PAFSC: 2A353B -  Tactical Aircraft 
Maintenance Journeyman. DAS: 7 May 02. 

b.  Prior Sv: (1) AFRes 13 May 99 -  3 Aug 99 (2 months 22 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 4 Aug 99 for 6 yrs. Svd: 3 Yrs 1 Mo 6 Das, all AMS. 

b.  Grade Status:  AB -  19 Aug 02  (Article 15, 19 Aug 02) 

Amn -  23 Oct 01 (Article 15, 23 Oct 01) 
A1C  -  8 Oct 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 19 Aug 02, Luke AFB, AZ -  Article 92.  You, who knew of 
your duties, on or about 2 Aug 02, were derelict in the 
performance of those duties in that you negligently 
failed to properly pin the aft cockpit seat on Aircraft 
90-0793, as it was your duty to do.  Reduction to AB. 
(No appeal  (No mitigation) 

isrespectful in language 

a senior noncommissioned 

(2) 23 Oct 01, Spangdahlem AB, Germany -  Article 91.  You, 

on or about 
toward MSgt 
officer, then known by you to be a senior 
noncommissioned officer, who was then in the execution 
of his office by saying to him "This is bullshit, fuck 
you guys; you can't tell me what to fucking do," or 
words to that effect.  You  having received a lawful 
order from ssgt-, 
then known by you to be a noncommissioned officer, to 
remain at the scene of an incident, an order which it 
was your duty to obey, did, on or about 11 Aug 01, 
willfully disobey the same.  Reduction to Airman, and 15 
days extra duty. (Appeal/Denied) (No mitigation) 

a noncommissioned officer , 

e.  Additional:  (Examiner's Note:  Additional infractions listed 

below were taken from the Legal Review.  Actual documents 
are missing from file) 

LOR, 02 AUG 02 -  Failure to maintain dorm room within 

standards. 

LOR, 26 JUN 02 -  Failure to perform assigned tasks. 
RIC, 07 JUN 02 -  Failure to go. 
LOR, 15 MAY 02 -  Failure to obey an order. 
LOR, 15 MAY 02 -  Failure to go. 
LOR, 15 DEC 00 -  Failure to maintain proper military 

standards regarding wear of body jewelry 
while in uniform. 

LOR, 15 DEC 00 -  Failure to maintain proper military 

standards regarding wear of body jewlry 
while in uniform. 

f.  CM:  None. 

g.  Record of SV: 4 Aug 99 -  3 Apr 01  Spangdahlem AB  5  (Initial) 

4 Apr 01 -  3 Apr 02  Spangdahlem AB  3  (Annua1)REF 

h.  Awards &  Decs:  AFTR, SAEMR, NDSM. 

i.  Stmt of Sv:  TMS:  ( 3 )  Yrs  (3) Mos  (28) Das 

TAMS: (3) Yrs  (1) Mos  (6) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 30 Mar 04. 

(Change Discharge to Honorable) 

Issue 1:  Since my discharge on September 09, 2002 I have remained a law 

abiding citizen, I have maintained a steady and successful job, and have made a 
smooth transition back into civilian life.  I am planning to attend college this 
semester to finish my Associates degree.  I have just recently purchased my 
first house, and I am moving up in my career.  I ask that you please review my 
discharge and upgrade it to an Honorable. 

ATCH 
1. Character Reference. 
2. Police Report. 

I 
LI~PARTMENT OF THE AIR FORCL 

56th Fighter Wing (AETC) 
Luke Air Force Base Arizona 

MEMORANDUM FOR 56 FWICC 

FROM:  56 FWIJA 

SUBJECT: 

of Administrative Discharge - AB 
63 FS 

1.  ACTION:  This case is before you for review and action in your capacity as the separation 
authority.  The 63 FSICC recommends the Respondent be separated from the United States Air 
Force with a general discharge without probation and rehabilitation pursuant to AFI 36-3208, 
paragraph 5.50.2, Pattern of Misconduct.  I concur. 

2.  BACKGROUND:  The Respondent is 22 years old and has served approximately 3 years of 
an initial 6 year enlistment.  His AQE scores are:  Admin - 83; Elec - 75; Gen - 68; and Mech - 
94.  The Respondent's  awards and decorations include the National Defense Service Medal, 
Small Arms Expert Rifle Ribbon and Air Force Training Ribbon.  The Respondent has received 
two EPRs: 

4 Aug 99-3  Apr 01 
4 A p r 0 1 - 3   Apr 02 

4 
3 Referral 

3.  FACTS: The following actions from the Respondent's  current enlistment establish the basis 
for discharge under paragraph 5.50.2: 

a.  On 14 Dec 00, the Respondent failed to maintain proper military standards regarding wear 
of body jewelry while in uniform.  For this misconduct he received a Letter of Reprimand, dated 
15 Dec 00.  For this action an Unfavorable Information File (UIF) was established. 

b.  On 11 Aug 01, the Respondent was disrespectful to a senior noncommissioned officer and 
failed to obey a lawful order given to him by a noncommissioned officer.  For this misconduct he 
received an Article  15, dated 23 Oct 01.  His punishment included reduction to E-2 and 15 days 
extra duty.  This action was filed in his existing UIF. 

c.  On 7 May 02, the Respondent failed to obey an order given to him by a noncommissioned 

officer.  For this misconduct he received a Letter of Reprimand, dated 15 May 02. 

d.  On 15 May 02, the Respondent failed to go to his appointed place of duty at the prescribed 
time.  For this misconduct he received a Letter of Reprimand, dated 15 May 02.  This action was 
filed in his existing UIF. 

This work product has been prepared by an attorney in the course of performing legal duties on behalf of a client, and is not to be 

-Attorney  Work Product- 

provided to anyone outside the Air Force without approval of the originator or higher authority.  It is exempt from disclosure under the 

Freedom of Information Act under 5 U.S.C. $552(b)(5)  and protected from release under FRCP 26(b)(3). 

e.  On 7 Jun 02, the Respondent failed to go to his appointed place of duty at the prescribed 

time.  For this misconduct he received a ~ e c o r d  of Individual Counseling, dated 7 Jun 02. 

f.  On  18 Jun 02, the Respondent failed to perform his assigned duties.  For this misconduct 

he received a Letter of Reprimand, dated 26 Jun 02.  This action was filed in his existing UIF and 
he was placed on the control roster. 

g.  On  1 Aug 02, the Respondent failed to maintain his dormitory room within standards.  For 

this misconduct he received a Letter of Reprimand, dated 2 Aug 02.  This action was filed in his 
existing UIF. 

h.  On 2 Aug 02, the Respondent failed to perform his assigned duties.  For this misconduct 

he received an Article  15, dated 19 Aug 02.  His punishment included reduction to E-1.  This 
action was filed in his existing UIF. 

4.  RESPONDENT'S MATTERS:  The Respondent has waived h s  right to consult with military 
defense counsel and to submit matters regarding this discharge action. 

e

r

5 .   CHARACTERIZATION OF DISCHARGE:  The Respondent's commander recommends a 
general service characterization for q
of service.  A general (under honorable 
conditions) characterization of service is appropriate if the airman's service has been honest and 
faithful, and if significant negative aspects of the airman's conduct or duty performance outweigh 
the positive aspects of his record.  During the first 3 years of his current enlistment, AE3 
has received one Record of Individual Counseling, five Letters of Reprimand and two Article 
15s.  The Respondent's  conduct has been prejudicial to good order and discipline and has 
detrimentally affected mission accomplishment.  The negative aspects outweigh the positive 
aspects of his service record and a general discharge is appropriate. 

m

 

1 

I 

1 

6.  PROBATION AND REHABILITATION (P&R):  In accordance with AFI 36-3208, Chapter 
7, P&R would be inappropriate in this case and is clearly contrary to the best interests of good 
order and discipline.  Despite the numerous administrative actions taken to rehabilitate him, the 
Respondent is either unable or unwilling to change his pattern of behavior and conform to Air 
Force standards.  Therefore, it is not reasonable to expect further P&R would be productive. 

7.  LEGAL SUFFICIENCY:  There is a sufficient factual basis to support this discharge.  This 
file has been prepared in substantial compliance with the provisions of AFI 36-3208.  The 
Respondent has been notified of this discharge, was given the opportunity to meet with the 
military defense counsel and to present matters for your consideration.  For these reasons, we 
find this case file legally sufficient. 

8.  OPTIONS:  As the separation 2~t:)lryity, you have the following options: 

a.  Retain the Respondent; or 

b.  Separate the Respondent with a general discharge, with or without probation and 

, 

rehabilitation; or 

c.  Forward the case to 19 AFICC recommending the Respondent receive an honorable 

discharge, with or without probation and rehabilitation; or 

d.  If you feel an under other than honorable conditions discharge is appropriate, return the 

package to the squadron for processing in accordance with administrative discharge procedures. 

9.  RECOMMENDATION:  Based on the foregoing, I recommend you separate the Respondent 
from the United States Air Force with a general discharge, without probation and rehabilitation.