" 3 .  

AIR FORCE DISCHARGE REVIEW BOkDn U W  *nTwn 

INDEX NUMBER 

HEARMG DATE 

10 Aug 2005 

CASE NUMBER 

FD-2004-00496 

Case heard at Washington, D.C. 

2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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. 

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

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1  - -  
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SAFMRBR 
550 C STREET WEST, SUITE 40 
RANWLPH AFB, TX 78150-4742 

I 

SECRETARY OF THE AIR FORCE PERSONNEL c o u N c n  
AIKMRCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WMG. 3 R D  FLOOR 
AM)REWS AFB, MD 20762-7002 

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AF'HQ  FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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

CASE NUMBER 

- 

m-2004-00496 

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. 

ISSUE: 

Issue 1. The records indicated the applicant received an Article 15, five Letters of Reprimand, and six 
Records of Individual Counseling for misconduct.  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. 

Issue 2.  The applicant cited his desire to receive the G.I. 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 March 
24, 1997) 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. 

Issue 3.  Applicant contends that he should not be penalized indefinitely for a mistake he made when young. 
The DRB recognized the applicant was 21 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-term members who properly adhere to the Air Force's standards of conduct. 
The DRB concluded that the characterization of the applicant's discharge was appropriate due to the 
misconduct. 

If he can provide additional documented information to substantiate an issue, the applicant should consider 
exercising his right to make a personal appearance before the Board.  If he should choose to exercise his 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual 
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the 
community. 

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 AMN) 

1.  MATTER UNDER REVIEW: rAppl rec'd  a GEN Disch fr Luke AFB, AZ on 8 Dec 98 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Jan 77.  Enlmt Age: 19 10/12.  Disch Age: 21 10/12. Educ: 

HS DIPL. AFQT: N/A.  A-28,  E-47,  G-33, M-57. PAFSC: 2T331 -  Special Purpose 
Vehicle &  Equipment Maintenance Apprentice. DAS: 5 Sep 97. 

b.  Prior Sv: (1) ' A F R ~ ~  26 Nov 96 -  11 Mar 97 (3 months 15 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  12 Mar 97 for 4 yrs. Svd: 1 Yrs 8 Mo 27 Das, all AMS. 

b.  Grade Status:  A m  -  12 Sep 97 
c .  Time Lost :  None. 
d.  Art 15's:  (1) 6 Oct 98, Luke AFB, AZ -  Article 86.  You, did, on or 
about 18 Sep 98, without authority, fail to go at the 
time prescribed to your place of duty.  Suspended 
reduction to AB.  Thirty days correctional custody. 
(No appeal) (No mitigation) 

e.  Additional : LOR, 
LOR, 
LOR, 
LOR, 
RIC, 
LOR, 
RIC, 
RIC, 
RIC, 
RIC, 
RIC, 

04 NOV 98 -  Disobeying a direct order. 
02 JUL 98 -  Failure to go. 
29 JUN  98 -  Sexual Harassement and assault. 
13 MAR 98 -  Late for duty. 
10 MAR 98 -  Failure to complete CDC. 
05 MAR 98 -  Failure to go. 
05 MAR 98 -  Leaving toolbox unsecure. 
22 JAN 98 -  Insubordination. 
08 DEC 97 -  Disobeying a direct order. 
08 DEC 97 -  Late for duty. 
01 DEC 97 -  Late for duty. 

f.  0 4 :   None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (2) Yrs (0) Mos  (13) Das 
TAMS:  (1) Yrs  (8) Mos  (27) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Dec 04. 

(Change Discharge to Honorable) 

Issue 1:  Sir or Mam  (sic), I request an upgrade of my dicharge witch (sic) 
I received a general under honorable conditions, please upgrade to an honorable, 
in order that I may persue my educational benenfits.  To continue my education 
and be a productive citizen in Society. 

I was under considereble (sic) amount of presure  (sic) when my mother was very 
ill, dut to a broken back.  My world turned upside down and focus was distorted. 

Now I have matured to understand the mistakes I made. 

Please reconsider in review my over all performanse (sic) and upgrade my 
discharge.  Please.  Thank you for your kind consideration. 

P.S.  After the discharge from the Air Force I was mobolized  (sic) with National 
guard  (sic) on Active Army for 18 months. 

Thank you for your time. 

ATCH 
1. Three DD Forms 214. 

DEPARTMENT OF THE AIR FORCE 
56'  Transportation Squadron (AETC) 

Luke Air Force Base Arizona 

1 2  NOV  1998 

FROM:  CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Minor 
Disciplinary ldhctions.  The authority for this action is AFI 36-3208, Section H, 
paragraph 5.49.  If my recommendation is approved, your service will be characterized as 
honorable, general, or under other than honorable conditions.  I am recommending that 
your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 29 Oct 98, you failed to obey a direct order given to you by your First 

Sergeant.  This is evidenced by a Letter of Reprimand, dated 4 Nov 98. 

b.  On 18 Sep 98, you failed to report to work on time.  This is evidenced by an 

Article 15, dated 6 Oct 98. 

c.  On 10 Jul98, you grabbed 

by the arm and refbed to let go 

of her.  This is evidenced by a Letter of Reprimand, dated 29 Jun 98. 

d.  On 2 Jul98, you failed to report to work on time.  This is evidenced by a Letter 

of Reprimand, dated 2 Jul98. 

e.  On 12 Mar 98, you failed to report to work on time.  This is evidenced by a 

Letter of Reprimand, dated 13 Mar 98. 

f. On 10 Mar 98, you failed to complete volume 2 of your CDCs on time.  This is 

evidenced by a Re~ord of Individual Counseling, dated 10 Mar 98. 

g.  On 5 Mar 98, you failed to report to work on time.  This is evidenced by a 

Letter of Reprimand, dated 5 Mar 98. 

h.  On 5 Mar 98, you were derelict in your duties by leaving your toolbox 
unsecured while you went to lunch.  This is evidenced by a Record of Individual 
Counseling, dated 5 Mar 98. 

i.  On 15 Jan 98, you were disruptive during a training class.  This is evidenced by 

a Record of Individual Counseling, dated 22 Jan 98. 

j.  On 8 Dec 97, you failed to complete your CDCs on time.  This is evidenced a 

Record of Individual Counseling, dated 8 Dec 97. 

k.  On 8 Dec 97, you failed to report to work on time.  This is evidenced by a 

Record of Individual Counseling, dated 8 Dec 97. 

1.  On 25 Nov 97, you failed to report to work on time.  This is evidenced by a 

Record of Individual Counseling, dated 1 Dec 97. 

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, and if 
discharged, how your service will be characterized.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force and any special pay, bonus, or education 
assistance h d s  may be subjected to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you.  An appointment for you to consult the Area Defense Counsel at Building 
1150, Suite 3015, Luke AFB, AZ, extension 6701 has been scheduled for B?3 0 
at D 4 6 ~ 9 %  

. You may consult civilian counsel 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  I g ln)d3 
receive an extension for good cause shown.  I will send them to the separation authority. 

unless you 

'7  I3 

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 must retrieve your medical records from the 56th Medical Group Hospital 
Outpatient records and immediately report to Physical Exams, Building 810, with your 
medical records and your copy of this AFI 36-3208 discharge package for medical review 
and/or examination. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act 
Statement.  A copy of AF'I 36-3208 is available for your use in your unit orderly room. 

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

Attachments: 
1.  Letter of Reprimand, dated 4 Nov 98 
2.  AF Form 3070, dated 6 Oct 98 
3.  Submission of Matters, dated 30 Sep 98 
4.  Letter of Reprimand, dated 2 Jul98 
5.  Response to Letter of Reprimand 
6. Letter of Reprimand, dated 29 Jun 98 
7.  Response to Letter of Reprimand, dated 11 Jul98 
8.  Letter of Reprimand, dated 13 Mar 98 
9.  AF Form 174, dated 10 Mar 98 
10.  Letter of Reprimand, dated 5 Mar 98 
11.  AFForm 174, dated 5 Mar98 
12.  AF Form 174, dated 22 Jan 98 
13.  AF Form 174, dated 8 Dec 97 
14.  AF Form 174, dated 8 Dec 97 
15.  AFForm 174, dated 1 Dec97