AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

ITIAL) 

DAV 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

3 GEN 

UOTHC 

OTHER 

I  DENY 

I 

I  MDEX NUhlBER 

A67. 

HEARING DATE 

08 Sep 2005 

CASE NUMBER 

FD-2004-00295 

I Case heard at Washington, D.C. 

1 
2 
3 
4 

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

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. 

Names and votes will be made available to the applicant at the applicant's request. 

I 

...  , 
' ,  
-;;*. 

", . , 
,  ". "..' 

.' 

$!.  >!",  . ';&@ 

,  ,@, 

'. ! 
&.,*., 

,

z

.  M D O K $ E M W   , 2, 

  , 

.'  : 
" 
,, 

,: ,;-5;,iT,;, 3:; :,. '~~;&,. :  : :::,: . 'I  .:'..-:, 

. 

, 

. D ~ ~ T J C $ ~ { W Q ~ ~ , ~ ~ ~ : ~ '  

.  . . .   ..... A?,. - 

; $&.,!i2$.$&,dr2 

TO: 

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

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COhIMAND DR. EE WTNG. 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-2004-002pj 

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

The applicant was offered a personal appearance before the Discharge Review Board @RB) 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  contends  discharge  was  inequitable  because  it  was  based  on  several  incidents  in  11 
months  of  service  with  adverse  actions.  The  records  indicated  the  applicant  received  an  Article  15, a 
vacation action, three Letters of Reprimand, and one Letter of Counseling.  His misconduct included failure 
to  report  for  duty and  failure to  obey orders, failure to  go  on multiple  occasions, late for  duty, failure to 
report  for mandatory physical  training, and making disparaging and racial remarks.  The DRB recognized 
the applicant was  22  years of age when the  discharge took place.  However, there is no  evidence he was 
immature or  did  not  know  right  from  wrong.  The  Board  opined  the  applicant was  older  than  the  vast 
majority of first-tern  members who  properly adhere to  the  Air  Force's  standards of conduct.  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 AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr McChord AFB, WA on 24 Jun 04 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 4 Sep 81.  Enlmt Age: 21 6/12.  Disch Age: 22 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-67,  G-37,  M-32. PAFSC: 2S031 -  Supply Management 
Apprentice. DAS: 6 Nov 03. 

b.  Prior Sv:  (1) AFRes 13 Mar 03 -  21 Jul 03  (4 months 9 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 22 Jul 03 for 4 yrs. Svd: 0 Yrs 11 Mo 3 Das, all AMS. 
b.  Grade Status:  A m  -  13 Apr 04 (Vacation of Article 15, 10 May 04) 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 10 May 04, Vacation, McChord AFB, WA -  Article 86.  You 
did, on or about 26 Apr 04, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  Reduction to Airman.  (No appeal)  (No mitigation) 

( 2 )   13 Apr 04, McChord AFB, WA -  Article 86.  You did, on 

or about 31 Mar 04, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Suspended reduction to Airman.  Thirty days extra duty. 
(No appeal) (No mitigat ion) 

e.  Additional: LOR, 03 MAY 04 -  Making disparaging and racial remarks 

LOR, 22 MAR 04 -  Late for duty, failure to report to 

pertaining to African Americans. 

mandatory physical training, and lying. 

LOR, 22 MAR  04 -  Failure to go. 
LOC, 03 FEB 04 -  Failure to go. 
LOC, 25 NOV 03 -  Failure to report for duty, and failue to 

obey orders. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (3) Mos  (12) Das 
TAMS:  (0) Yrs  (11) Mos  (3) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Jul 04. 

(Change Discharge to Honorable) 

Issue 1:  My discharge was inequitable, because it was based on several 

incidents in 11 months of service with adverse actions. 

ATCH 
1. DD Form 214 (Member-4). 
2. Certificate of Enlistment. 
3. Two Training Certificates. 
4. Certificate of Recommendation. 
5. America's Credit Union Account Statement. 
6. Three Character References. 
7. DD Form 214 (Member-1). 
8. AF Form 1058, Unfavorable Information File. 
9. Letter of Counseling, 25 Nov 03. 
10. Letter of Reprimand, 22 Mar 04. 
11. Letter of Reprimand, 22 Mar 04. 
12. Article 15, 13 Apr 04. 
13. Memo For Record, 62 LRS/LGRSC/Sr 
14. Memo For Record, 62 LRS/LGRSC//S 
15. Memo For Record, 62 LRS/LGRSC/SSg 
16. Receipt of Notification Memorandum. 
17. ~otification Memorandum. 
18. Response to Discharge Notification. 

- 

DEPARTMENT OF THE AIR FORCE 

62D LOGISTICS READINESS SQUADRON (AMC) 

FROM:  62 LRS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force based on Minor 
Disciplinary Intiactions.  The authority for this action is AFPD 36-32, Military Retirements and 
Separations, and AFI 36-3208, Administrative Separation of  Airmen, para 5.49.  If my 
recommendation is approved, then your service will be characterized as Honorable or General 
(Under Honorable Conditions).  I am recommending that your service be characterized as 
General. 

2.  My reasons for this action are: 

a.  On or about 26 Apr 04, you failed to go at the prescribed time to your appointed place of 
duty.  For this i&action,  your suspended reduction to E-2 was vacated.  This action was placed 
in your existing Unfavorable Information File (UIF). (See Atchs 1 a and 1 h). 

b.  On or about 25 Apr 04, you made disparaging and racial remarks pertaining to &can 

Americans.  Additionally, on or about 29 Apr 04, you failed to go at the prescribed time to your 
app~inted'~lace of duty.  For these infractions, you received your third Letter of Reprimand 
(LOR).  (See Atch 1 b.) 

.  c.  On or about 3 1 Mar 04, you failed to go at the prescribed time to your appointed place of 
duty.  For this infraction, you received an Article 15.  Your punishment consisted of a suspended 
reduction to E-2 and 30 days extra duty.  This action initiated your UIF.  (See Atchs lc and lh.) 

L. 

d.  On or about 22 Mar 04, you failed to go at the prescribed time to your appointed place of 
duty and made a false statement.  For this intiaction, you received your second LOR.  (See Atch 
1 d.) 

e.  On or about 19 Mar 04, you failed to go at the prescribed time to your appointed place of 

duty.  For this infraction, you received your first LOR.  (See Atch  1 e.) 

f.  On or about 2 Feb 04, you failed to go at the prescribed time to your appointed place of 

duty.  For this infraction, you received your second Letter of Counseling (LOC).  (See Atch 1 f.) 

g.  On or about 25 Nov 03, you failed to go at the prescribed time to your appointed place of 

duty.  For this s a c t i o n ,  you received your fist LOC.  (See Atch 1 g.) 

3.  I have attached copies of the documents to be forwarded to the separation authority in support 
of my recommendation.  The commander exercising special court-martial (SPCM) jurisdiction or 
a higher authority will decide whether you will be discharged or retained in the Air Force, and, if 
you are discharged, how your service will be characterized.  If you are discharged, then you will 
be ineligible for reenlistment in the Air Force and will probably be denied enlistment in any 
component of the armed forces.  Any special pay, bonus, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult legal counsel.  Military legal counsel is available to assist you. 
You have an appointment to consult Area Defense Counsel, 305 6th Street, McChord AFB, WA 
98438,982-2240, on 3 Jun 04 at 0800 hours.  You may consult civilian counsel at your own 
expense. 

5.  You have the right to submit statements in your own behalf.  Any statements that you want 
the separation authority to consider must reach me by  Yse  u  at  Hdi5  hours 
(three workdays) unless you request and receive an extension for good cause.  I will forward any 
such statements to the separation authority. 

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

7.  You previously attended your mandatory Transition Pre-separation Counseling appointment 
at the Farnily Support Center, bldg 551, on 7 Jun 04 at 0830 hours. 

8.  You have been scheduled for a medical examination.  You must report to Family Practice in 
building 690, on 4 Jun 04 at 0845 hours with your medical records. 

- 

9.  The Privacy Act of 1974 protects any personal information you furnish in rebuttal.  A copy of 
AFI 36-3208 is available for your use in the orderly room. 

10: Execute the attached acknowledgment 

Attachments: 
1.  a.  AF Form 366, dtd 10 May 04 

b.  LOR, dtd 3 May 04 
c.  AF Form 3070, dtd 15 Apr 04 
d.  LOR, dtd 22 Mar 04 
e.  LOR, dtd 22 Mar 04 
f.  LOC, dtd 2 Feb 04 
g.  LOC, dtd 25 Nov 03 
h.  AF Form 1 137, undated 

2.  Airman's Receipt of Notification Memorandum