-- 

L1 

*, 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE  GEN 
I  No 

YES 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

AFSNISSAN 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANlZATlON  O F  COUNSEL 

I 

MEMBER SITTING 

VOTE O F  TFIE BOARD 

1 

HON 

I 

GEN 

I  UOTHC 

I  OTHER 

I  DENY 

I 
I 

I 

ISSUES  A94.05 

I 

INDEX NUMBER 

A67.90 

I 

1 
2 
3 
4 

I 

EXHIBITS SUBMITTED TO THE BOARD 

I 

I 

I 

ORDER APPOMTMG THE BOARD 
APPLICATION FOR  REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TlME OF 
PERSONAL APPEARANCE 

TAPE  RECORDlNG OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

I  FD-2004-00169 

24 Aug 2004 
M P l l C 4 N l ' S  ISSLlE AND THE  BOARD'S DECISIONAL  RAllONr\L  ARE  VISCUSSFD ON  I1IE 1  TACHED AIR  FORCE DISCIIARGE  REVIEW B O A W  1)ECISIONAI  RZTlON.4L+ 

I 

8 

I 

I 

0 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal  appearance with/witl&ut  counsel, and the right to 
submit an application to the AFBCMR 

-. . -. . -. f~ . . - . . . . - . - - - - - - - - - - - - - - - - - - - - - - - - - f . . -. . -. . . . -. . -c9-. - - - - - - - - - - - - - - - - -, 

I 

I 
I 

TO: 

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

....................................................................... 

INDORSEhlENT 

FROnI: 

. . .   ... 

DATE:  8/24/2004 

-- 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1.535 CObrnlAND DR, EE WING, 3 R D  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-2004-00169 

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. 

ISSUES:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article  15s, two Letters of Reprimand, two Letters of Counseling, and one Record of 
Individual  Counseling for misconduct to include numerous  late for duty incidents and misuse of his driver's 
license.  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 applicant also cited his desire to receive the (3.1. Bill benefits 
as justification  for upgrade.  The DRB noted  that when  the applicant applied  for these benefits, he signed  a 
statement  (DD  Form  2366,  on  December  13,  1999) that  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.  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 hrther 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 rec'd a GEN Disch fr Mt Home AFB, ID on 28 Aug 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: 5 Feb 80.  Enlmt Age: 19 7/12.  Disch Age: 22 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-86,  E-66,  G-78,  M-60. PAFSC: 2W151 -  Aircraft Armament Systems 
Journeyman. DAS: 1 Sep 00. 

b.  Prior Sv:  (1) AFRes 17 Sep 99 -  30 Nov 99  (2 months 14 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as Amn 1 Dec 99 for 6 yrs. Svd: 2 Yrs 8 Mo 28 Das, all AMS 

b.  Grade Status:  AB -  31 Jul 02  (~rticle 15, 31 Jul 02) 

Amn -  5 Jun 02  (Article 15, 5 Jun 02) 
A1C -  7 Jan 00 

c.  Time Lost:  None 

d.  Art 15's:  (1) 31 Jul 02, Mt Home AFB, ID -  Article 86.  You, did, 

between on or about 10 Jun 02 and 19 Jul 02, on divers * 
occasions, without authority, fail to go at the time 
prescribed to your appointed place of duty.  You, did, 
on or about 16 Jun 02, without authority, fail to return 
at the time prescribed to your appointed place of duty. 
Article 92.  You, did, on or about 17 Jun 02, violate a 
lawful general regulation, to wit: AFI 36-2903, dated 8 
Jun 02, by wrongfully wearing dirty, unpolished boots 
without the prescribed black appearance.  Article 91. 
You, having received a lawful order from 

,  a noncommissioned officer, then know by you 

to be a noncommissioned officer, to stop eating and 
drinking in the work area, an order which it was your 
duty to obey, did, on or about 2 Jul 02, willfully 
disobey the same.  Reduction to AB, forfeiture of 
$310.00 pay, of which $155.00 pay is suspended, 14 days 
restriction, and a reprimand. (No appeal)  (No 
mitigation) 

(2) 5 Jun 02, Mt Home AFB, ID -  Article 86.  You, did, on 

or about 17 May 02, without authority, fail to go at the 
time prescribed to your appointed place of duty. 

Article 92.  You, who should have known of your duties, 
on or about 15 May 02, were derelict in the performance 
of those duties in that you negligently failed to 
initial the flight's monthly scheduled roster on the 
first day of the month, as it was your duty to do.  You, 
who should have known of your duties, on or about 20 May 
02, were derelict in the performance of those duties in 
that you negligently failed to wear your uniform hat, as 
it was your duty to do.  Reduction to Airman, and 30 
days extra duty. (No appeal) (No mitigation) 

e.  Additional: LOR, 28 MAR 02 -  Late for duty. 

LOR, 29 J A N   02 -  Misuse of driver's license. 
RIC, 06 J A N   02 -  Late for duty. 
LOC, 24 SEP 01 -  Late for duty. 
LOC, 27 MAR 01 -  Late for duty. 

f .  CM:  None 

g.  Record of SV: 1 Dec 99 -  31 Jul 01  Mt Home AFB  4  (Initial) 

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

i.  Stmt of Sv:  TMS:  (2) Yrs  (11) Mos  (12) Das 

TAMS: (2) Yrs  (8) Mos  (28) Das 

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

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 

. 

DEPARTMENT O F  THE AIR FORCE 
HEADQUARTERS 366TH WING (ACC) 

MOUNTAIN HOME AiR FORCE BASE, IDAHO 

I 

MEMORANDUM FOR AB i ........................................................ 
FROM:  366 EMS/CC 

.------------------------------------------------------- 

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. 
'If  my  recommendation  is 
approved, your service can be characterized as honorable, general, or under other than honorable 
conditions.  I am recommending your service be characterized.as general. 

2.  My reasons for this action are: 

a.  On or about 2 July 02, you disobeyed a lawfill order, on or about 17 Jun 02, you violated a 
lawful general regulation, on or about  16 Jun 02, you  failed to return at the time prescribed to 
your appointed place of duty, and between on or about  10 Jun 02 and 19 Jul 02, you failed to go 
at the time prescribed to your appointed place of duty.  As a result, you received an Article  15, 
UCMJ, on 24 Jul02.  (Tab 1, Atch 1). 

b.  On or about 20 May 02, you were derelict in the performance of your duties by not 

wearing your uniform hat, on or about 17 May 02, you failed to go at the time prescribed to your 
appointed place of duty, and on or about 15 May 02, you were derelict in the performance of 
your duties by not initialing the flight's monthly scheduled appointment roster on the first duty 
day of the month.  As a result, you received an Article 15, UCMJ, on 28 May 02. 
(Tab 1, Atch 2). 

c.  On or about 11 Mar 02, you reported late for duty.  As a result, you received a Letter of 

Reprimand (LOR) on 28 Mar 02.  (Tab 1, Atch 3). 

d.  On or about 26 Jan 02, you gave your drivers license to another individual under the age 

of 21 to gain access to a club.. As a result, you received an LOR on 29 Jan 02.  (Tab 1, Atch 4). 

e.  On or about 5 Jan 02, you were one hour late for duty.  As a result, you' received a Letter 
of Counseling (LOC) on 6 Jan 02.  (Tab 1, Atch 5). 

f.  On or about 24 Sep 01, you reported late for duty.  As a result, you received a LOC on 

24 Sep 01.  (Tab 1, Atch 6). 

g.  On  or  about  19 Mar  01  and  27 Mar  01,  you  reported  late, for duty.  As  a result,  you 

received an LOC on 27 Mar 01.  (Tab 1, Atch 7). 

3.  Copies  of  the  documents  to  be  forwarded  to  the  separation  authority  in  support  of  this 
recommendation  are  attached.  The  commander  exercising Special  Court  Martial  Jurisdiction 
will decide whether  you  will be discharged or retained in the Air Force.  If you  are discharged, 
he  will  also  determine  how  your  service  will  be  characterized.  If  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. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I made an appointment for you to consult with the Area Defense Counsel on 
at /OQ? hours in building 512.  The number is 828-2675.  You may consult civilf!!  counsel at 
your own expense. 

02 

5.  You have the right to  submit statements in your own behalf.  Any statements you want the 
separation  authority  to  consider  must  reach  me  within  three  workdays  of  the  date  of  this 
memorandum unless you request and receive an extension for good cause shown.  I will forward 
them to the separation authority. 

6.  If you  fail to  consult  counsel or to  submit statements in your own behalf,  your  ffailure will 
constitute a waiver of your right to do so. 

7.  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  4&j  t7& 
at  0730 hours.  You must be in uniform.  If you wear 
glasses, wear them to the scheduIed examination. 

8.  Any personal  information you  furnish in rebuttal is covered by the Privacy Act of  1974.  A 
copy of AFI 36-3208 is available at the Area Defense Counsel's office or your squadron orderly 
room. 

9.  You will surrender your ID card to me immediately.  Proceed with a copy of this letter to the 
Military Personnel Flight, Customer Service, Building 512, Mountain Home AFB no later than 
you will be issued a temporary ID card valid for 90 days.  If the discharge 
&LDN  q%ere 
action is still pending at the end of 90 days, another temporary ID card will be issued to you until 
the case is finalized. 

a?- 

10.  A  copy  of  this  letter  also  authorizes  you  to  proceed  to  the  Security Forces  Pass  and 
Registration Section, Building 7001, Visitor Control Center, no later than  W  d  %ere 

you will turn in your Mountain Home AFB vehicle sticker and your USAF vehicle deca  They 
will issue a temporary permit good for 90 days.  If the discharge action is still pending at the end 
of 90 days, another temporary vehicle decal will be issued to you until the case is finalized. 

11. Finally, proceed  with  a  copy  of  this  letter  to  the  Traffic  Management  Office (TMO), in 
Building 512, immediately after receiving your separation orders fiom the Separations Section at 
the MPF for arranging shipment of yo 

7 Attachments: 
1.  Art 15, dtd 24 Jul02 
2.  Art 15, dtd 28 May 02 
3.  LOR, dtd 28 Mar 02 
4.  LOR, dtd29 Jan 02 
5.  LOC, dtd 6 Jan 02 
6.  LOC, dtd 24 Sep 01 
7.  LOC, dtd 27 Mar 01