AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

ITIAL) 

bl'PE  GEN 

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PERSONAL APPEARANCE 

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I  RECORDREVIEW 

MEMBER SITTING 

INDEX NUMBEH 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  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 

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HEARING DATE 

16 Sep 2005 

CASE NUMBER 

FD-2005-00060 

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. 

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

TO: 

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

FROM: 

SECRETARY OF TIE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAhTl DR. EE WING, 3 R D  FEOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE Rl3VIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m-2005-00060 

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 that his discharge was based on two incidents involving bad judgment  and 
anger management.  Since discharge, member states he self-enrolled in anger management and has supported 
our troops as a DoD civilian employee for the past three years.  The records indicated the applicant received 
two Article 15s and a Letter of Reprimand for misconduct.  His misconduct included failure to go, willfully 
damaging government property on two occasions, found drunk while on stand-by for Security Forces guard 
duty, and drunk and disorderly on two occasions. DRB opined that through these administrative actions, the 
applicant had ample opportunities to change his negative behavior.  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 applicant states in his 
application that he asked for help from the chaplain, his first sergeant, and from his commander.  These 
issues are without merit as the record does not indicate that such help was asked for.  If he can provide 
additional documented information to substantiate an issue, the applicant should consider exercising hls right 
to make a personal appearance before the Board.  If he should choose to exercise this 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. 
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 RFVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

MISSING SOME DISCHARGE DOCUMENTS 

1.  MATTER UNDER RFVIEW:  Appl recfd a GEN Disch fr Andrews AFB, MD on 8 Feb 02 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOE: 30 Sep 80.  Enlmt Age: 17 8/12.  Disch Age: 21 4/12. Educ: HS DIPL. 
AFQT: N/A.  A-60,  E-50,  G-48,  M-26. PAFSC: 3P051 -  Security Forces Specialist. 
DAS: 6 Jan 99. 

b.  Prior Sv:  (1) AFRes 23 Jun 98 -  19 Aug 98 (1 month 27 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 20 Aug 98 for 6 yrs. Svd: 3 Yrs 5 Mo 20 Das, all AMS. 

b.  Grade Status:  A1C -  13 Dec 01 (Article 15, 13 Dec 01) 

SrA -  20 Dec 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 13 Dec 01, Rhein-Main AB, Germany -  Article 108.  You, 
did, at or near Rhein-Main AB, Germany, on or about 27 
Oct 01, without proper authority, willfully damage by 
kicking the doors of housing units in Building 605F and 
break the glass window on the door of the rear entrance 
to Building 605F, military property of the United 
States, the amount of said damage being in the sum of 

,  about $524.84.  Article 112.  You were, at or near 

Rhein-Main AB,  Germany, between on or about 26 Oct 01 
and on or about 27 Oct 01, found drunk while on stand-by 
for Security Forces guard duty.  Article 134.  You, 
were, at or near Rhein-Main AB, Germany, on or about 27 
Oct 01, drunk and disorderly.  Reduction to AlC, and 7 
days extra duty. (No appeal)  (No mitigation) 

(2) 21 Dec 00, Rhein-Main AB, Germany -  Article 108.  You, 

did, at or near Rhein-Main AB, Germany, on or about 5 
Nov 00, without proper authority, willfully damage by 
breaking a medicine cabinet, door and window, military 
property of the United States the amount of said damage 
being in the sum of more than $100.00.  Article 134. 
You, were, at or near Rhein-Main AB, Germany, on or 
about 5 Nov 00, drunk and disorderly.  Reduction to 

Airman (Remitted by AF Form 3212, 19 Apr 01).  Seven 
days extra duty, and forfeiture of $250.00. (No appeal)  , 
(No mitigation) 

e.  Additional: LOR, 19 MAR 99 -  Failure to go. (Document missing from 

file) . 

f.  CM:  None. 
g.  Record of SV: 20 Aug 98 -  15 Jan 0  Rhein-Main AB  5  (HAF Dir) 
16 Jan 00 -  15 Jan 0  Rhein-Main AB  3  (Annual) 

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h.  Awards &  Decs:  AFTR, AFOUA, AFOEA 

AFOSLTR . 

i.  Stmt of Sv:  TMS: (3) Yrs  (7) Mos 
TAMS:  (3) Yrs  (5) Mos 

17) Das 
20) Das 

4.  BASIS ADVANCED FOR REVIEW:' Appln  (DD E'1 

293) dtd 1 Feb 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

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9.  TYPE OF REVIEW REQUESTED IX one) 
-. 3 I  CONDUCT A RECORD REVIEW OF  MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENlATlON 
& I SUBMITTED BY ME.  I AND/OR  Icow?sMrepesentative) W U  WJT APPEAA  BEFORE THE BOARD. 
1 I AND/OR ~co~l~~e&tep.esentative) WISH TO  APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN TIQ 
WASHINGTON.  D.C.  M€lUOPOUTAN  AREA. 
I AND/OR ~ C O ~ ~ r e ~ e s m r s r i v e )  
(enter city a d  state) 

WISH TO APPEAR AT A HEARING AT NO MPULSE TO THE GOVERXlYENT -RE 

10.a  COUNSEUREPRESENTATIVE /If anv) NAME [Last,  F&,  Mild*,  lnitId) AND ADDRESS  I b.  TELEPHONE NUMBER (Induds Area Code) 

A TRAVEUNG PANEL CLOSEST TO 
(NOTE:  The Navy Discharge Revmw Board dosz not have s Zravdhg panel.) 

I  ( ~ e e  hem  10  of ttm izsductiom ~bart~cou~sel/repesentaiiv~ 
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c.  E-MAIL 

d.  FAX NUMBER (Include Area Codd 

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11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the rewrd in question is that of a deceased or incompetent person,  LEGAL PROOF OF 

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APWCATION.  If the application is signed by other than the applicant.  indicate 
the name (phtl 
SPOUSE 

and relationship by marking a box below. 
LEGAL REPRESENTATIVE 

NEXT OF KIN 

WWWER 

WIDOW 

12.a.  CURRENT MAILING ADDRESS  OF APPLICANT OR  PERSON ABOVE 

Ifinward norificatbn of any change in address.) 

b.  TELEPHONE NUMBER (Indude Area  Codd 

c.  E-MAIL 

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13.  CERTIFICATION.'  I make the foregoing statements, as part of my claim,  with full knowledge of the 
penalties involved for willfdly making a false statement or  daim.  (U.S. Code, Title 18, Sections 287 
and 7001, provide that an individual shall be  fined under this title or impisoned not more than 5 years, 
or both.) 

w pmon in hem  1 1  ahvel 

b.  DATE SIGNED - RMUiRED 

fYYYYMMDD) 

d.  FAX NUMBER (Include Area CodeJ 
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CASE NUMBER 

(Do not write i n  this space.) 
, I V - -   - - 
F h   ~&EJ-<--- 

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Page 1 of 4 Pages 

14.  CONTINUATION OF ITEM 6,  ISSUES (If applicable) 

5 .  CONTINdATIOWbF ITEM 8.  SUPPORTING DdCUMENTS (If applicab/d 

&d&i  krlm,  iroscile  dk*n-l-;an. 

6.  REMARKS (If applicable) 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.' 

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 
SAFIMRBR 
550-C Street West,  Suite 40 
Randolph AFB,  TX  78 150-4742 

1 

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 

DEPARTMENT OF THE AIR FORCE 

86TH AIRLIFT WING (USAFE) 

MEMORANDUM FOR A1 

FROM: 469 ABGICCQ 

SUBJECT:  Notification Memorandum 

9 January 2002 

69 ABG 

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, Military Retirements and Separations, 
and AFI 36-3208, Administrative  Separation of Aimen, Chapter 5, Section H, paragraph 5.49, 
Minor Disciplinary Infractions.  If my recommendation is approved, your service will be 
characterized as honorable or general.  I am recommending that your service be characterized as 
general. 

2.  My reasons for this action are: 

a.  On or about 18 Mar 99, you failed to report to a mandatory appointment on two 

separate occasions.  For these actions, you received a Letter of Reprimand (LOR) on 19 Mar 99 
(Atch 1). 

b.  You did, at or near Rhein-Main Air Base, Germany, on or about 5 Nov 00, without 

proper authority, willfully damage by breaking a medicine cabinet, door and window, military 
property of the United States, the amount of said damage being in the sum of more than $100. 

c.  You were, at or near Rhein-Main Air Base, Germany, on or about 5 Nov 00, drunk and 

disorderly. 

For the actions in 2b-c, you received nonjudical punishment on 21 Dec 00.  Punishment 
consisted of  a suspended reduction to the grade of Airman, forfeiture of $125 pay per month for 
2 months and 7 days extra duty.  An Unfavorable Information File 0 was established for the 
above offenses on 4 Feb 01 (Atch 2). 

d.  On 26 Dec 00, you received a notification of Nonrecommendation for Promotion letter 

for the above action (Atch 3). 

e.  You did, at or near Rhein-Main Air Base, Germany, on or about 27 Oct 01, without 

proper authority, willfully damage by kicking the doors of housing units in Building 605F and 
breaking the glass window in the door of the rear entrance to Building 605F, military property 
of the United States, the amount of said damage being in the sum of about $524.84. 

f.  You were, at or near Rhein-Main Air Base, Germany, between on or about 26 Oct 01 and 

on or about 27 Oct 01, found drunk while on stand-by for Security Forces guard duty. 

g.  You were, at or near Rhein-Main Air Base, Germany, on or about 27 Oct 01, drunk and 

disorderly. 

For the actions in 2e-g, you received nonjudicial punishment on 13 Dec 01.  Punishment 
consisted of reduction to the grade of airman first class and 7 days extra duty.  For these actions a 
UIF entry was made on 27 Dec 01 (Atch 4). 

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 you are 
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 funds may 
be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel 
I have made a telephonic appointment for you to consult Capt 
Defense Counsel, 480-21 82, at 1000 hours on 11 Jan 02.  You 
your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
2002 unless you request and 
separation authority to consider must reach me by 
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 your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the 469th Air Base 
Group Cliqic, Physical Exam Section, at 0715 hours on 11 Jan 02, 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 availabld for your use in the unit orderly room. 

Group Section Commander 

lnd., Notification Memorandum, 9 Jan 02, A1C 

69 ABG 

Attachments: 
1.  LOR, dated 19 Mar 99 
2.  Art  15, dated 21 Dec 001 UIF dated 4 Feb 01 
3.  Notification of Nonrecommendation for Promotion, dated 26 Dec 00 
4.  Art  15, dated 13 Dec Ol/ITIF entry, dated 27 Dec 0 1 
5  Receipt of Notification Memorandum 
6.  Airman's Statement 
7.  Recoupment Statement