-  I  NAME OF SERVICE MEhlBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

I 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

I 

I 

MEMBER SITTING 

HON 

GEN 

UOTHC 

OTHER 

I 

I 

I 

ISSUES 

A94.53 

INDEX NUMBER 

A67.10 

HEARlNG  DATE 

11 Aug 2004 

CASE NUMBER 

FD-2004-00179 

Case heard at Washington, D.C. 

1  I  ORDER APPOINTING  THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

( 

I 
I 

I 

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. 

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

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 

m-2004-001.79 

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 the applicant submitted no  issues contesting the equity or propriety  of the discharge, and 
after a thorough review  of the record, the Board  was unable to  identify any that would justify  a change of 
discharge. 

ISSUE:  Applicant  was discharged for minor  disciplinary infractions.  The records  indicated the  applicant 
received  a  Letter  of Reprimand  and  two  Letters  of  Counseling  for misconduct.  This  included  a  civilian 
conviction for driving while his ability was impaired by alcohol, failure to report his arrest to his commander 
and  lying about  whether  or not  there  were  conditions that  would  effect  his Personnel  Reliability  Program 
status when  interviewed  as an unrelated  matter,  applying for  and receiving  a temporary Wyoming driver's 
license while his driving privileges were revoked by the state of Colorado, failure to go, and dereliction of 
duty.  Applicant's  final enlisted performance report was rated  a referral  "2"  and chronicled his substandard 
behavior.  Member  was  recommended  for  an  under  other  than  honorable  conditions  discharge,  and  after 
consulting  counsel  submitted  a  conditional  waiver  of  his  right  to  an  administrative  board  hearing  in 
exchange for receiving a general discharge.  This conditional waiver was granted.  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.  Characterization as honorable is only 
appropriate if the member's  record has been  so meritorious  that any other characterization would  clearly be 
inappropriate.  That is not the case here. 

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 SRA) (HGH SGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr F.E. Warren AFB, WY on 5 Jan 
90 UP AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Nov 64.  Enlmt Age: 18 9/12.  Disch Age: 25 1/12. Educ: HS DIPL.  * 

AFQT: N/A.  A-37,  E-40,  G-41,  M-43. PAFSC: 81150 -  Security Specialist. 
DAS: 27 May 87. 

b.  Prior Sv: (1) Enlisted in AFRes as A1C for 6 yrs.  Svd:  1 yr 2 months 

0 days, of which AMS is 3 months 28 days. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted USAF as A1C 15 Nov 84 for 6 yrs. Svd: 5 Yrs 1 Mo 22 Das, all 

AMS . 

b.  Grade Status:  SrA -  26 Oct 89 (Vacation of NCO status) 
Sgt -  (APR Indicates) :  3 Jan 88-02 Jan 89 
SrA -  15 Mar 87 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 26 OCT 89 -  Civil arrest for DUI. 
LOCI 18 SEP 89 -  Dereliction of duty. 
LOCI 09 MAR 88 -  Late for duty. 

f.  CM:  None. 

g.  Record of SV: 15 Nov 84 -  17 Mar 85  Nellis AFB  9  (HAF Dir) 

18 Mar 85 -  02 Jan 86  Nellis AFB  9  (CRO) 
03 Jan 86 -  02 Jan 87  Osan AB 
03 Jan 87 -  02 Jan 88  F.E. Warren AFB  9  (Annual) 
03 Jan 88 -  02 Jan 89  F.E. Warren AFB  9  (Annual) 
03 Jan 89 -  25 Oct 89  F.E. Warren AFB  2  (Cmdr Dir)REF 

9  (Annual) 

h.  Awards &  Decs:  AFAM, AFGCM, AFTR, AFLSAR. 

i.  Stmt of Sv:  TMS:  (6) Yrs  (3) Mos  (22) Das 
TAMS: (5) Yrs  (1) Mos  (21) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 11 May 04 

(Change Discharge to Honorable) 

Issue 1:  When looking for a job people want to see an honorable discharge. 

ATCH 
None. 

.- 

D E P A R T M E N T  OF THE A I R   FORCE 
HEADQUARTERS 90TH STRATEGIC  MISSILE WING  ( S A C )  

FRANCIS E.  WARREN AIR  F O R C E  BASE.  WYOMING  82005-5000 

1 

, O N S T ~ T U T , ~  

4 

"=, 
3- pG&j 
* 

REPLY TO 
ATTN.  OF: 

88  MSS/CC 

SUBJECT: 

Notification Letter -  Board Hearing 

1.  I am reconmending your discharge from the United States- Air Force for 
minor disciplinary infractions according to AFR 39-10, paragraph 5-46.  Copies 
of  the documents to be forwarded to the separation authority to support this 
recommendation are attached. 

2 .   My reasons for this action are: 

a.  Your civilian conviction of a Driving While Ability Impaired (DWAI) on 

\ 

15 Oct 89 (Probation Order, 15 Nov 891 

b.  Your failure to report your arrest for DWAI to your commander (LOR, 26 

Oct 891 

c.  Your applying for a drivers license after your license had been 

revoked by the state of Colorado  (LOR, 26  Oct 89) 

d.  Your dereliction in the performance of your duties (LOC, 18 Sep 89) 

e.  Your failure to report for duty on time  (LOC, Q Nov 831 

3.  This action could result in your separation with an honorable, general or 
under other than hono~able conditions discharge.  I am recommending that you 
receive an under other than honorable conditions discharge.  The commander 
exercising SPCM  jurisdiction or a higher authority will make  the final 
decision in this matter.  If you are discharged you will be ineligible for 
reenlistment in the Air Force. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by  legal counsel at a board hearing. 

d.  Submit statements in your own behalf  in addition to, or in lieu of, 

the board hearing. 

e.  Waive the above rights.  YOU must consult legal counsel before making 

a decision to waive any of your rights. 

5.  You have been scheduled for medical examination.  You must report to the 
F. E. R a w e n  Hospital physical exams section at OYOO on 29 Nov  89. 

P e a c e .

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

6.  Military  legal counsel 
has been obtained to assist you.  An appointment has been scheduled for you to 
consult him on 29 Wov  69 st 1500.  Instead of  the appointed couneel, you may 
have another, if  the lawyer you request is in the active milita~y service and 
is reasonably available as determined according to AFR  111-1.  In addition to 
military counsel, you have the right to employ civilian counsel.  The Air 
Fosce does not pay expenses incident to the employment of  civilian counsel. 
Civilian counsel, if  employed, must be readily available. 

he ADC office, bldg  152, ext 3426 

- 

7.  Confer with your counsel and reply, in writing, with 7 wo~kdays, 
specifying the rights you choose to exercise.  The statements muat be signed 
in the presence of your counsel who also will sign it.  If you waive your 
right to a hearing before an administrative discharge board, you may submit 
written ctaten~ent~ in your own behalf.  I will send the statement to the 
discharge authority with the case file to be considered with this 
recommendation.  If you fail to respond, your failure will constitute a waiver 
of the right to the board hearing. 

8.  Any personal information you furnish in rebuttal is covered by  the Privacy 
Act Statement as explained in AFR 39-10, attachment 6.  A copy of AFR 39-18 is 
available for your use in your orderly room. 

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

3 Atch 
1.  Supporting Document8 -  for the 

Reason for the Discharge 
a.  Probation Order, 15 Nov 89 
b.  DD Form 1569, 25 Oct 89 
c.  LOB, 26 Oct 83 
d.  LOC, 18 Sep 89 
e.  LOC, 9 Mar 88 

2.  Documents Containing Derogatory 

Information -  Which are not Listed 
in the Motification Ltr 
a.  Ltr, Undated 
b.  DWI Policy Counseling, 14 Jun 89 
c.  AF Form 286A, 27 Oct 89 
d.  AF Form 418, 26 Oct 85 

3.  Airman's  Receipt of Notification ltr