NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

rYPE GEN 

I 

PERSONAL APPEARANCE 

AB 
I 

Y 

2. 

RECORD REVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANlZATlON  OF COUNSEL 

I 

I 

MEMBER SITTING 

ISSUES  A94.53 

INDEX NUMBER 

A67.10 

I 

I 

VOTE O F  THE BOARD 

HON 

GEN 

I  UOTHC 

OTHER 

DENY 

EXHJBITS SUBMITTED TO THE BOARD 

I  ORDER APPOINTING THE BOARD 

I 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1 
4 

I .ETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

21 Oct 2004 
APPLICAWT'SISSLJE  AM) THE BOARD'S DECISIONAL RATIONAL ARE DlSCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlQNALE 

FD-2004-00289 

The applicant was offered a personal  appearance before the Discharge Review Board (DRB) and was scheduled to appear 
before the DRB via video teleconference 011  21 October 2004, but failed to show for his scheduled  appearance and  in  doing 
so chose not to exercise this right. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

TO: 

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

m ~ a ~ B m Q r n ~  

FROM: 

I 

DATE  I O / ~ ~ J ' Z O O ~  

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW  BOARD 
IS35 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 

FD-2004-00289 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  (DRB)  and  was 
scheduled to appear before the DRB via video teleconference on 21 October 2004, but failed to show for his 
scheduled appearance and in doing so chose not 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 requests an upgrade  to  his discharge characterization because  he wants to  get into school  so that 
he  may  take  care of his  son  and  do  something positive  with  his  life.  The  records  indicated  the  applicant 
received  action  under  Article  15, UCMJ,  on  three  separate  occasions including the  vacation  of  suspended 
punishment  less than  five months after imposition of the original nonjudicial punishment.  He also received 
two letters of reprimand, one record  of individual  counseling and one letter of counseling.  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.  The Board  further 
concludes  that  there  exists  no  legal  or  equitable  basis  for  upgrade  of  discharge.  Thus  the  applicant's 
discharge characterization 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 Beale AFB, CA on 15 Mar 04 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Dec 83.  Enlmt Age: 18 2/12.  Disch Age: 20 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-57,  E-30,  G-55,  M-44. PAFSC: 1C131 -  Air Traffic Control 
Apprentice. DAS: 24 Feb 03. 

b.  Prior Sv: (1) AFRes 12 Mar 02 -  19 Aug 02  (5 months 8 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  20 Aug 02 for 6 yrs. Svd: 1 Yrs 6 Mo 24 Das, all AMS. 

b.  Grade Status:  AB  -  29 Jan 04 (Article 15, 29 Jan 04) 

Amn -  05 Sep 03  (Vacation of Article 15, 22 Jan 04) 
A1C -  07 Oct 02 

c.  Time Lost:  None 

d.  Art 15's:  (1) 29 Jan 04, Beale AFB, CA -  Article 86.  You did, 

between on or about 8 and 9 Jan 04, without authority, 
fail to go at the time prescribed to your appointed 
place of duty.  Reduction to AB,  and 45 days 
restriction. (No appeal) (No mitigation) 

(2) 22 Jan 04, Vacation, Beale AFB, CA -  Article 86.  You 

did, on or about 6 Jan 04, without autority, fail to go 
at the time prescribed to your appointed place of duty. 
Reduction to Airman.  (No appeal) (No mitigation) 

(3) 05 Sep 03, Beale AFB, CA -  Article 92.  You, who knew 

or should have known of your duties, on or about 10 Aug 
03, were derelict in the performance of those duties in 
that you willfully failed to refrain from burning 
incense in your dormitory room, as it was your duty to 
do.  Article 108.  You did, on or about 10 Aug 03, 
without authority, negligently damage by burning 
incense, a dresser, military property of the United 
States, of a value of about $394.35, the amount of said 
damage being in the sum of about $394.35.  Suspended 
reduction to Airman.  (No appeal) (No mitigation) 

e.  Additional: LOR, 09 FEB 04 -  Violation of restriction. 

LOCI 22 OCT 03  -  Failure to go. 
LOR, 11 JLTN  03 -  Assaulting a military member with a pellet 

RIC, 29 MAY 03 -  Missed mandatory squadron workout, and 

gun. 

late for duty. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (0) Mos  (4) Das 

TAMS:  (1) Yrs  (6) Mos  (24) Das 

4 .   BASIS  ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 18 Jul 04. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting a change because I have to get in school, so that 

I may be able to take care of my son &  do something positive with my life. 

ATCH 
None. 

-. . 

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. .. 

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( 6  
-. - .. ..  - , f = - p ~ C ? 5 q - ~ z B p  

DEPARTMENT OF THE AIR  FORCE 
9TH OPERATIONS SUPPORT SQUADRON (ACC) 

MEMORANDUM FOR AIRMAN BAS1 

FROM:  9 OSSICC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Misconduct:  Minor 
Disciplinary Infkctions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 
5.49.  If my recommendation is approved, your discharge will be characterized as an Under 
Honorable Conditions (General) Discharge and you will be ineligible for reenlistment in the United 
States Air Force. 

2.  My reasons for this action are: 

a.  On 8 May 2003, you assaulted a military member with a pellet gun. Furthermore, on 
19 May 2003, you failed to obey an order or regulation by illegally possessing a pellet gun in 
your dormitory room.  For this misconduct, you received a Letter of Repiimand dated 
1 1 June 2003. (Atch 1) 

b.  On 22 May 2003, you failed to go to your appointed place of duty at the time prescribed. 
For this misconduct, you received a Record of Individual Counseling dated 29 May 2003. 
(Atch 2) 

c.  On 10 August 2003, you were derelict in the performance of your duties in that you 
willfully failed to refkin fiom burning incense in your dormitory room.  Furthermore, 
10 August 2003, you negligently damaged government property by burning incense.  For this 
misconduct, you received a Record of Nonjudicial Punishment dated 5 September 2003. 
(Atch 3) 

d.  On 2 1 October 2003, you failed to go to your appointed place of duty at the time prescribed. 
For this misconduct, you received a Letter of Counseling dated 22 October 2003. (Atch 4) 

e.  On 6 January 2004, you failed to go to your appointed place of duty at the time prescribed. 
For this misconduct, you received a Vacation of Suspended Nonjudicial Punishment dated 
22 January 2004. (Atch 5) 

f.  On the gth and 9th of January 2004, you failed to go to your appointed place of duty at the 
time prescribed.  For this misconduct, you received a Record of Nonjudicial Punishment dated 
29 January 2004. (Atch 6) 

g.  On 8 February 2004, you violated your restriction to Beale Air Force Base.  For this 
misconduct you received a Letter of Reprimand dated 9 February 2004. (Atch 7) 

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 higher authority 
will decide whether you will be discharged or retained in the United States Air Force. 

4.  You have the right to consult counsel.  Mili 
have made an appointment for you to consult 
18 Februarv 2004, at 0900 hours.  You may c 

s been obtained to assist you;  I 
the Area Defense Counsel, on 
1 at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 20 Februarv 2004 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 to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have b  en scheduled for a medical examination.  You must report to Public Health, on 
2 3 Gb ~ m &  at  13% 

hours for the 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 for your use at your Commander's Support Staff or Separations Office 
at the MPF. 

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

Attachments: 
1.  Supporting ~jocuments 
2.  Receipt of Notification Memorandum