NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE INITIAL) 

1  GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  AFSNISSAN 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

- 

MEMBER SITTING 

1 
ORDER APPOINTING  THE BOARD 
2 
APPLICATION FOR REVIEW OF DISCHARGE 
3 
LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

(  COUNSEL'S  RELEASE TO THE BOARD 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

1 

HEARlNG DATE 
08 Sep 2004 

CASE NUMBER 

FD-2004-00209 

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 

TO: 

SAFIMRBR 
550 C STREET WEST. 
RANDOLPH AFB, TX 

:A 

:;b*;*< 
F KO.31: 

<'.-,  ,& 

SECRET4RY OF TllE AIR FORCE PERSONYEI. COUNCII. 
AIR  FOR(:E  DISCHARGE REVIEH  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 

I 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00209 

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  two  Articles  15, four  Letters  of  Reprimand,  and  a  Letter  of  Counseling  for  misconduct.  His 
infractions included multiple incidents of failure to go, dereliction of duty, failure to obey orders, dress and 
appearance  violations,  and theft  of  long distance phone  service from two  other airmen.  He  also  failed to 
complete  his  Career Development  Course  on  time  and  was  delinquent  in  his  Deferred  Payment  Program 
account.  At the time of the discharge, member consulted counsel and waived his right to submit statements 
in his own behalf.  Applicant apparently viewed his conduct as acceptable, but the DRB opined that through 
the  unit's  many  administrative  actions,  the  applicant  had  ample  opportunities  to  change  his  negative 
behavior and was unwilling to do so.  There was no evidence he didn't  know right from wrong, and he was 
the same age as other airmen who successfully complete their enlistments without misconduct.  They found 
the  seriousness  of  the  willful  misconduct  offset  any positive  aspects  of  the  applicant's  duty performance. 
The  Board  concluded  the  misconduct  was  a  significant  departure  from  conduct  expected  of  all  military 
members  and the characterization  of applicant's  discharge was  appropriate  for the  reasons  which  were  its 
basis. 

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 A1C)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr Columbus AFB, MS on 6 Apr 95 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Sep 72.  Enlmt Age: 19 3/12.  DischAge: 22 6/12. Educ: HSDIPL. 

AFQT: N/A.  A-54,  E-67,  G-78,  M-52. PAFSC: 1W031 -  Weather Apprentice. 
DAS: 15 Sep 92. 

b.  Prior Sv: (1) AFRes 30 Dec 91 -  16 Apr 92 (3 months 18 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 17 Apr 92 for 4 yrs. Svd: 2 Yrs 11 Mo 24 Das, all AMS. 

b.  Grade Status:  A1C -  17 Aug 93 
A m  -  17 Oct 92 

c.  Time Lost:  None 

d.  Art 15's:  (1) 14 Oct 93, Columbus AFB, MS  -  Article 92.  You, who 

knew of your duties, on or about 28 Sep 93, were 
derelict in the performance of those duties in that you 
willfully failed to remain awake during your shift, as 
it was your duty to do.  Article 86.  You did, on or 
about 2 Oct 93, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Suspended reduction to Airman.  Thirty days correctional 
custody. (No appeal) (No mitigation) 

(2) 4 Aug 92, Columbus AFB, MS -  Article 92.  You, having 
knowledge of a lawful order issued by 3342 Squadron 01 
30-1, dated 5 Jun 91, to wit: part I1 para 9(e), an 
order which it was your duty to obey, did, on or about 
20 Jul 92, at Chanute AFB, IL, fail to obey the same by 
entering the room of 
the opposite sex.  F 
extra duty.  (No appeal) (No, mitigation) 

a member of 

pay and 30 days 

e.  Additional: LOR, 06 MAR 95 -  Failure to shave. 

LOR, 29 DEC 94 -  Failure to go. 
LOR, 29 DEC 94 -  Stealing. 
LOC, 14 SEP 94 -  Missed appointment. 
LOR, 16 APR 93 -  Disobeying a lawful order. 

f .  CM:  None. 

g.  Record of SV: 17 Apr 92 -  16 Mar 94  Columbus AFB  3  (Initial) 

17 Mar 94 -  26 Sep 94  Columbus AFB  3  (CRO) 

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

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

TAMS:  (2) Yrs  (11) Mos  (21) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 24 May 04. 

(Change Discharge to Honorable) 

Issue 1:  Good Conduct 

ATCH 
None. 

DEPARTMENT OF'THE AIR  FORCE 

AIR EDUCATION A N D  TRAINING C O M M A N D  

FROM:  14 OSSICC 

SUBJECT:  N-cation 

Memorandum 

1.  I  am  recommending yow discharge from  the  United  States Air Force for  misconduct,  specifically minor 
36-3208,  para  5.49.  If  my 
disciplinaq  infractions.  The  authority  for  this  action  is 
recommendation is approved, your service will be characterized as honorable or general.  I am recommending that 
yow service be characterized as general. 

36-32  and 

2. ' My reasons for this action are: 

a.  On 8 April 93, you  were derelict in your duties for failwe to obey a lawful order as evidenced by  a 

Letter of Reprimand, dated 16 April  93. 

b.  On  28 Sept 93, you were derelict in your duties by falling asleep during your shift.  On 2 Oct 93, yuu 
failed to go, you did not report to work at the prescribed time or place for duty as evidenced by Art 15/UIF dated 14 
Oct 93. 

c.  On 6 Sept 94, you were derelict in yew duties by failing to repoa to the dental clinic for a scheduled 

appointment;as evidenced by Letter of Counseling 14 Sept 94. 

d.  On 1 N w  94 you committed unauthorized telephone use as evidenced by Letter of Reprimand (LOR) 

dated 29 Dec 94 and Investigative Addendum 

e.  On 22 Dec 94, you were derelict in your duties by failing to r-rt 

to duty on time as evidenced by LOR 

dated 29 Dec 94. 

f. On 6 Feb 95, you reported to work unshaved; on 2 and 3 Mar 95, you were derelict in your duties by 
failing to meet proper grooming standards; on  1 Mar  95,  after being directed by your supervisor to con&  the 
problem, you ignored his lawlid order as evidence by  LOR, dated 6 Mar 95. 

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.  If you  are discharged, you wiU be ineligible for reenlistment in the Air 
Force. 

Military legal counsel has been obtained to assist you. You may contact 
consult -I. 
telephow af DSN: 597-2429.  You may also consult civilian cwnsel at your own expense. 

1 

I 

5.  You have the right to submit statements in your own behalf.  43~ statements yuu want the separation authority 
to consider must reach me by 0800 hours on 27 Mar 95.  Unless you request and receive an extension for good 
cause shown I will send them to the separation authority. 

6.  If you  fail to consult counsel or submit statements in y w  own behalf, your f ~ l u r e  will constitute a waiver of 
your right to do so. 

7. You have been schedded for a medical examination. You must report to Columbus 
27 Mar 95 ibr the exRmination and folbw-up appointment at 0930 hwrs on 27 Mar 95, 
report  in military uniform  and  fast  from food  for  14  hours  and be  free  fiom  alcohol 
examination. 

8.  Any personal information you M s h  in rebuttal is mered by the Privacy Act  Statement as explained in 
AFI 36-3208.  A copy of AFI 36-3208  is available for your use in tbe Orderly Room. 

9.  Execute the attached admwMgment and and it to me immediately. 

5 Atchs 
1.  LOR, dated 16 Apr 93 
2.  Att 15KJEdated 14 Oct 93 w/atchs 
3.  LOC, dated 14 Sep 94 
4.  LOR,dated29Dec94 
5.  LOR, dated 29 Dec 94 
6. LOR, dated 6 Mar 95