I 

TYPE GEN 

I  YES 

I  No 

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I 

PERSONAL APPEARANPI

 

AIR FORCE DISCHARGE REVIEW BOAR" 

' "lNC "wPnDn 

NITIAL) 1 I 

- 

-- 

x 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

ISSUES  A93.09 

I  INDEX NUMBER 

A67.10 

BEARING  DATE 

28 Jul2005 

CASE NUMBER 

Case heard at Washington, D.C. 

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1 :?  , : & i ~ ; ~ ~ m ~ ~ T s ; s q ~ ~ ~ ~  
.B@+? 
I  1  1  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATlON 
4  1  BRIEF OF PERSONNEL FILE. 

:,~:!::.:.:',~-.; 

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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. 

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

TO: 

,,: . , ,.: :.,  ,  ,  y)*E&fEW 

e 

. 

, , 

, 

. 

, 

. 

. 

. ,. 

FROM: 

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

* 

, 

, 

,: 
. ,  

F ,.. 

,.... . - 

-  ' DATE: '8/IR005 

.  ,;. ,;.:?:,: 
,. ,.  .  , 
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DlSCAARGE 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 

~D-200~-00022 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, change the reason and authority 
for the discharge, and change the reenlistment code. 

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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are 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 too harsh.  He states that the accuracy 
of the  reason for separation, which is misconduct, is wrong.  The records indicated the  applicant received 
two Letters of Reprimand, two Letters of Counseling, a Letter from the commander, and a memorandum for 
Record for various acts of misconduct  to include failure to follow directions by  not  reporting as directed, 
failing to return to duty station after being released from the medical center, failed to show for a scheduled 
appointment, failed to comply with military standards and for repeatedly violating a restraining order.  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 AlC)  (HGH AlC) 

MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Nellis AFB, NV on 18 Jun 96 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Oct 71.  Enlmt Age: 18 10/12.  Disch Age: 24 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-00,  E-00,  G-99, M-00. PAFSC: 2T231 - Air Transportation 
Apprentice.  DAS: 10 Oct 95. 

b.  Prior Sv: USAF Academy Preparatory School 15 Aug 90 -  26 Jun 91 (10 

months, 12 Days).  USAF Academy 27 Jun 91 -  30 Aug 94 (03 Years, 2 Months, 3 
Days) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 11 Jul 95 for 2 years. Svd: 00 Yrs 11 Mo 07 Das, all 

AMS, of which AMS is 00 Yrs 11 Mos 04 Das (ex. 03 Das lost time). 

b.  Grade Status:  None. 

c.  Time Lost:  30 Apr 96 thru 2 May 96 (3 days). 

d.  Art 15's:  None. 

e.  Additional: LOR, 13 MAY 96 -  Failed to report to MSgt 
directed, to sign the ac 
AF Form 1058, that wa 
May 96.  It took MSgt 
to have you report to 

hree attempts 

LOR, 03 MAY 96 -  Failed to return to duty station after 

release from Travis AFB/David Grant 
Medical Center.  Failure to return to duty 
placed in absent without leave status. 

RIC, 12 APR 96 -  Failed to show at a scheduled appointment. 
LTR, 04 MAR  96 -  Repeatedly violated a permanent 

restraining order issued by the civilian 
courts and had a physical altercation with 
said individual. 

RIC, 15 DEC 95 -  Failed to comply with military standards 

by showing disrespect for authority, 
working on personal matters during duty 

hours, and failing to go to a scheduled 
appointment on time. 

MFR, 05 MAY 94 -  Failed to Respond to 4th Notice for 

Education Delay Certification Letter. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM, AFLSA, SAEMR. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (11) Mos  (19) Das 
TAMS: (04) Yrs  (11) Mos  (19) Das 

4.  BASIS ADVANCED FOR REWIEW:  Appln  (DD Fm 2 9 3 )   dtd 08 Jan 05 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge. 

Issue 1:  ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 

1 3  JAN  2005 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages  3 and 4 BEFORE completing this application.) 

Form Approved 
OMB No.  0704-0004 
Expires Aug  3 1, 2006 

The public reporting burden for this  collection of  mformation is estimated to average 3 0  minutes per response.  including the time for  reviewing mswctions,  searching existing data sources. 
gathering end maintaining the data needed.  and completing and reviewing the collection of  information.  Send comments regarding this burden esttmate or  any other aspect of  this  collection 
of mformation, including suggestions  for reducing the burden, to  Department of  Defense, Washington Headquarters Services, Directorate for Information Operations and Reports 10704-0004). 
1215 Jefferson Davis Highway. Suite  1204, Arlington. VA  22202-4302.  Respondents should be aware that notwithstanding any  other  provision of law, no person shall be subject to any 
penalty for failing to  compk wlth a collection of  information if  it does not display a currentlv valid OMB control number. 
PLEASE DO NOT RETURN YOUR  FORM TO THE ABOVE ADDRESS.  RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THlS PAGE. 

AUTHORITY:  10 U.S.C.  1553: E.O.  9397. 
PRINCIPAL PURPOSE(S):  To apply for  a change in the characterization  or  reason for military discharge issued to an individual. 
ROUTINE USE(S1:  None. 
DISCLOSURE:  Voluntary;  however, failure to provide identifying information may impede processing of this application.  The  request for 
Social Security Number is strictly to assure proper identification of the individual and appropriate records. 

PRIVACY ACT STATEMENT 

1  1.  APPLICANT DATA  (The ~erson whose discharoe is to be reviewed).  PLEASE PRINT OR TYPE INFORMATION. 
I a.  BRANCH OF SERVICE   o on el 

I  x  I AIR  FORCE 

I MARINE  CORPS 

I ARMY  I 

l NAW 

I 

I 

I 

I COAST GUARD 

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Page 3.1 

1 6.  ISSUES:  WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in  Item  14.  See instructions on  I 
After leaving the military, I returned to s c h o o l  and completed a m e c h a p i c a l  engineering degree.  After working in industry for 4 
years and because o f  the needs o f  the United States,  I am compelled to apply for government s e r v i c e  jobs in the effort to u s e  my 
degree to endeavor to keep our b o r d e r s  safe.  I have m a t u r e d  t r e m e n d o u s l y  with the educational and i n d u s t r i a l  training I have 
received and look forward to having an Honorable Discharge in t h e  effort to allow me the chance to serve and protect. 

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7. (Xif applicable) AN APPLICATION  WAS PREVIOUSLY SUBMITTED ON [WYYMMDDl 

AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL  ISSUES, JUSTIFICATION,  OR  EVIDENCE. 

8.  IN SUPPORT OF THlS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: [Continue in Item  17. 

If military documents or medical records are relevant to your  case, please send copies.] 

9.  TYPE OF REVIEW REQUESTED (X one) 

*  CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 

SUBMITTED BY ME.  I ANDlOR Icounsel/representativel WILL NOT APPEAR BEFORE THE BOARD. 
I ANDlOR  lcounseUrepresentative1 WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON,  D.C.  METROPOLITAN AREA. 
1 AND/OR  [couns@/rrpre.~entativel WISH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A  TRAVEUNG PANEL CLOSEST TO,- 
[NOTE:  Tne Navy Discharge Seview board dues t~otilave a tfaveiiriy pane,., 
(enter city and state] 

10.a.  COUNSELIREPRESENTATIVE [If any] NAME [Last, First, Middle Initial) AND ADDRESS  I  b.  TELEPHONE NUMBER Ilnclude Area Codel 
I 

[See Item  10 of the instructions aboutcounse~representative.l 

c.  E-MAIL 

d.  FAX NUMBER Ilnclude Area Code1 

14. CONTlNUATlON  OF ITEM 6, ISSUES  (If applicable) 
The reason for my separation on my DD214 states "Misconduct", yet I dispute the accuracy of this.  The circumstances regarding 
this disposition are regarding my missing a medevac flight to return to my post at Nellis.  I missed the flight because I was still in 
the authority of the medical wing.  Upon missing the flight, I took quarters and the first opportunity the next morning called my 
sergeant to inform him of my missed flight and that my ticket (and personal bag) was stolen the night before.  I then went to the 
SAT0 travel and received a flight ticket to return.  It was my understanding that this was what I was supposed to do per my 
conversation with my sergeant at the time.  I had 25 days of accrued leave at the time and clearly there was no ulterior motive to 
become AWOL.  I understood after that my commanding officer was in contact with my Academy AOC regarding a card I sent to 
a former girlfriend and send inaccurate and untrue documentation regarding me.  This information was the catalyst to my dismissal 
from the Air Force by my commander.  I was discharged with extreme prejudice as I was an exemplary airman at Nellis and stand 
by all my actions.  I did my duty and always with pride.  The missing of the flight was due to poor timing andnot of my own 
accord, yet it was blamed on me and I was ordered to sign a letter of reprimand upon my return.  I explained the situation again and 
refused to sign the letter of reprimand because it was wholly incorrect.  I was given a subsequent letter of reprimand for that action. 

16. REMARKS (If applicable) 
My time in the military was a growing process.  I was enlisted but alienated as an enlisted airman because of my prior time at the 
United States Air Force Academy.  I was treated as an outsider the entire time and naturally was very lonely.  I made an immature 
decision to send a card to an ex-girlfriend at the Academy.  It was a mistake which became the catalyst for my discharge.  This 
after already starting to pursue special training such as the completion of Air Combat Command Pre-Ranger training as well as 
U.S.  Army Airborne School in the efforts to have the chance to pursue a career in the military with Special Operations. There are 
no guarantees in that career but I was hoping to simply have a chance.  Being lonely is no excuse for writing the card and I stand by 
the fact that I did send it and that I accept responsibility for my mistake.  Yet it was simply a foolish mistake which I hope after 
review is seen as something that does not justify nor warrant my denial of an Honorable Discharge. 

I was disenrolled from the United States Air Force Academy for academic reasons.  I have resolved my academic deficiency and 
completed a Bachelor's degree in Mechanical Engineering. 

I have had ample time to reflect on my decision to request this change and I know in my heart and soul that my 5 years of service 
were always served with the highest regard of duty, honor and country.  I took the Honor Oath twice, not to lie, cheat or steal, nor 
tolerate those among us who do - and have always lived by tho!%  wcr&s from &ost days on. 

My humble gratitude and deep appreciation for your consideration. Your consideration is not in vain.  This request is important to 
me in both principle as well as in action.  I am seeking to be employed in a field where I can help maintain the safety of our borders 
by using my expertise in the engineering field as well as my sense of duty.  I can make a difference if given the opportunity, but 1 
am required to voice the inaccuracies of my discharge at this time.  They were unfair and unjust and I only wish them corrected. 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

1 

ARMY 

Army  Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St. Louis,  MO  631 32-5200 
(See http:llarba.army.pentagon.mil) 

AIR  FORCE 

Air  Force Review Boards Agency 
SAFlMRBR 
550-C Street West,  Suite 4 0  
Randolph AFB,  TX 781 50-4742 

DD FORM 293, AUG 2003 

I 

I 

NAVY AND MARINE CORPS 

Naval Council of  Personnel Boards 
720 Kennon Street, S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
2100 Second Street.  S.W.  Room 5500 
Washington,  DC  20593 

I 

1 
Page 2 of  4 Pages 

DEPARTMENT OF THE AIR FORCE 
H&lDQUARTERS UNITED STATES AIR FORCE ACADEArlY 

USAF ACADEMY, COLORADO 80840-5080 

' 

SPECIAL ORDER 
AF- 337 
- - -  

. 

By direction of the President, Cadet F i r s t  Class 
ignment, 49th Sq, 5th Group, Class of 1995 a 

effective 30 August 1994.' 

30 June 1995 

is relieved from 
appointment as a cadet, 

_- 

SEPARATION A E O - T Y ;   AFI 36-2020, OL-C USAFA Memorandum, 30 August 1994.  Upon separation from 
cadet status, i G d u a l  will be &led  to active duty involuntarily in the grade of E-3  (AlC), for a period of two years, 
per 10 USC 9348b. 
SECURITY CLEARANCE: SECINAC 
TDY ENROUTE:  Member is assigned to 345 Training Sq., Lackland AFB, TX 78236, nlhile attending technical 
training CRS L3ABR2T23 1-000, Air Transportation Apprentice.  Member ?ill  report not Iater than 11 J$Y  1995. 
Class Start Date:  12 July 1995.  During duty hours, member will report to BLDG 7001, 393 MSSQ Student Reception 
Center, behveen 0700-1600.  After duty hours and weekends report to unit of assignment for quarten assignment and 
 U1102(E), member is not authorized per 
additional inforation.  Graduation Date:  21 August 1995.  Per FIR  P
diem at TDY location.  TDYPAS:  LAOJFGY8.  TRQI:  AJ10.  TLN:  LAOJ500247. 
ASSIGNMENT:  Member is assigned to 62 Aerial Port Sq, McChord AFB, WA 98438. 
GAINING W F :  62 MSSQ, McChord AFB, WA 98438.  REPORT NOT LATER THAI%  28 August 1995. 
GPAS CODE:  MHILFCPC.  P/CAFSC:  21231. 
AFI 36-21 10, HQ AFM.PC/DPMAPE. 
OTHER INSTRUCTIONS:  Report to servicing MPF upon arrival.  Travkler is required to submit a travel voucher 
within 5 days after completion of travel.  Turn in all promotional items wirh travel voucher.  Separation travel 
allowance was  paid from this station to HOR per Special Order AC-145 dated 1QFeb 94, HQ-USAFAIDPYQ.  Travel 
pay to next duty station is authorized within the restrictions ofthe JlTR pursuant to AFI 32-6001, you will report to 
the Base Housing Referral Office before entering into any rental, lease, or purchase agreement for off-base housing. 
PCS FUND CITATIONS:  5753500 305 5861.0* 503725 NTS 5753500 325 5878.0N 503725 
CIC:  4 5 548 0070 503725 TAC:  F58C  ATAC:  F58C1.0*. 

a

Certifying Official 

FOR THE SUPERINTENDENT 

Chief, Cadet Perso.nne1 Division 

tain, USAF 

DISTRIBUTION 
AF 

DEPARTMENT OF THE AIR  FORCE 

99TH.TRANSPORTATION  SQUADRON (ACC) 

NELLIS AIR  FORCE BASE, NEVADA 

16  MAY  199.6 

MEMORANDUM FOR A1 

9 9  TRNS 

FROM:  CC 

SUBJECT:  Notification Memorandum - Administrative Discharge Under AFI 36-3208 

1.  I am recommending your discharge from the United States Air Force for minor 
disciplinary infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.49.  If my recommendation is approved, your service may be characterized as 
honorable, general,  or under other than honorable conditions.  1  am recommending your 
service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 10 May 96,  you failed to report to M 
to sigfthe acknowledgment of AF  Form 1058, that was rea 

u were waiting for a call from the Area Defense Counsel (ADC). 
you to call him back after making your arrangements with the ADC. 
three attempts to have you report to his office.  In response, you stated 
his office until .you have spoken to the ADC.  For your actions you 
were given a letter of reprimand (LOR) on 13 May 96,  for which you did not acknowledge 
receipt to,  as evidenced by the 1 st Ind to your LOR. 

b.  On or about 30 Apr 96,  you failed to return to your duty station (Nellis AFB  NV) 
after being released from Travis AFB/David Grant Medical Center.  Your failure to return to 
duty placed you in absent without leave status.  For you action you received a letter of 
reprimand on 3 May 96; 

c.  On or about 11 Apr 96,  you failed to show at a scheduled appointment.  For your 

action you received a record of individual counseling on 1 2 Apr 96; 

y 94 and on or about 26 Feb 96,  you failed to refrain 
as ordered by the County Court,  County of El 

e.  On or about 15 Dec 95,  you failed to comply with military standards by showing 

disrespect for authority, working on personal matters during duty hours, and failing to go to a 
scheduled appointment on time.  For your actions you received a record of individual 
counseling on 15 Dec 95;  and 

f.  On or about 5 May 95, you failed to respond to the fourth notice requesting the 
return of your Educational Delay Certification Letter confirming enrollment in a college or 
university, as  evidenced by HQ USAFNDPY memorandum on 5 May 95. 

3.  Additional derogatory comments, not used as the basis for discharge but used to 
determine whether you should be discharged and,  if discharged, whether probation and 
ropriate:  On or about 6 May 96,  you were evaluated by capt 
Psychologist, at Nellis Federal Hospital, Nellis Air Force Base, 
nosed you as  having an narcissistic Personality Disorder (Axis 11). 

She further stated that your disorder was determined to be sufficiently severe so as to impair 
your ability to function effectively in the military environment. 

4.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial 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, you 
will be ineligible for reenlistment in the Air Force. 

5.  You have the right to consult legal counsel.  Military legal counsel has been obtained to 
assist you.  I have made an appointment for you to consult the Area Defense Counsel at Bldg 
625 on 17 May 96 at 0830 hours.  You may consult civilian counsel at your own expense. 

6.  You have the right to submit statements in your own behalf.  Any statements you want 
the separation authority to consider must reach me by!% 3 MY  1996  at  1 53 0 hours 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

7.  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. 

8.  You have previously been scheduled for a medical examination at the 99th Medical 
Group on 9 May 96 at 0800. 

9.  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 in your Unit Orderly Room. 

10.  Execute the attached acknowledgment and return it to me ir~niediately. 

Attachments: 
1.  LOR,  13 May 96,  wlatchs 
2.  LOR,  6 May 96, wlatchs 
3.  ROIC,  12 Apr 96 
4.  HQ USAFNJA Memo, 4 Mar 96,  w/atchs 
5.  ROIC,  15 Dec 95 
6.  HQ USAFNDPY Memo, 5 may 95,  wlatchs 
7.  Mental Health Eval,  6 May 96