AIR FORCE DISCHARGE REVIEW BOARn 

ARTNc RErnRD 

IITIAL) 

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/'l'&$.@t!@%!?'a~ NAME OF COUNSEL AND OR ORGANIZATION 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

ISSUES  A95.00 

INDEX NUMBER 

A67. 

BEARING DATE 

1  03 Aug 2005 

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CASE NUMBER 

I  FD-2005-00064 

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Case heard at Washington, D.C. 

I  2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  I  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I I  TAPE RECORDING OF PERSONAL APPEARANCE 

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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 TAE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREW$ 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-2005-00(,64 

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

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. 

ISSUE:  The  Board  finds  the  applicant  submitted  no  issues  contesting  the  equity  or  propriety  of  the 
discharge, and after a thorough review of the record, the Board was unable to identify any that would justify 
a change of discharge.  The records indicated the applicant received two Article  15s and a Vacation action 
under the UCMJ for being disorderly, AWOL, and for failure to go.  In addition, he received three Letters of 
Reprimand for failure to go, being late for duty, and failure to maintain proper standards for his dormitory 
room.  Although the  applicant submitted no  issues, he  did  include a letter from  Ms JB, a District  Service 
Officer  from  the  Division  of  Veterans  Affairs  in  North  Carolina.  In  that  letter,  Ms  JB  states that  the 
applicant was  awarded  a  30%  disability  for  sleep  apnea  and  that  she believes this  had  an  effect  on  his 
behavior while in the military.  The Board did realize that in some cases, there may have been a connection 
with tardiness and for failure to go.  However, some of the more serious misconduct, i.e. AWOL, disorderly 
conduct, and failure to maintain proper standards for his dormitory room, had no nexus with his sleep apnea. 
The  DRB  was  not  persuaded  that  this  medical  condition  would  overcome  his  current  discharge 
characterization.  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 AE)  (HGH AlC) 

Jun 03 UP AFI 36-3208, para 5.50.1 (Pattern of Misconduct -  Conduct Prejudical to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

W:  Appl recld a GEN Disch fr Ft George G. Meade, MD on 23 

2 .   BACKGROUND: 

a. DOB: 28 Sep 80.  Enlmt Age: 20 6/12.  Disch Age: 22 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-50,  E-24,  G-39,  M-34. PAFSC: 3S031 -  Personnel Apprentice.  DAS: 
6 Aug 01. 

b.  Prior Sv: None. 

3.  SERVICE  UNDER  REVIEW: 

a.  Enlisted as AE 18 Apr 01 for 6 years. Svd: 02 Yrs 02 Mo 06 Das, all 

AMS . 

b.  Grade Status:  AB  -  24 Apr 02 -  (Vacation of Article 15, 11 Jun  02) 

A m  -  24 Apr 02 -  (Article 15, 24 Apr 02) 
A1C -  01 Jun 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 May 03, Fort George G. Meade, MD -  Article 134.  You 
were, at or near the Arundel Mills Mall, MD, on or about 
15 Mar 03, disorderly, which conduct was of a nature to 
bring discredit upon the armed forces.  Forteiture of 
$100.00 pay per month for 2 months.  Restriction to the 
limits of Fort Meade, MD for 30 days and 15 days extra 
duty.  (No appeal)  (No mitigation) 

(2) 26 Aug 02, Fort George G. Meade, MD -  Article 86.  You 

did on or about 1 Aug 02, without authority absent 
yourself from your appointed place of duty at which you 
were required to be and did remain so absent until on or 
about 2 Aug 02.  You did on or about 31 Jul 02, without 
authority, fail to go at the time prescribed to your 
appointed place of -duty. Restriction to Fort Meade, MD 
for 14 days and 14 days extra duty.  (No appeal) (No 
mitigation) 

(3) 11 Jun 02, Vacation, Fort George G. Meade, MD -  Article 

86.  You did, on or about 29 May 02, witout authority, 
fail to go at the time prescribed to your appointed 
place of duty.  Reduction to AB.  (~ppeal/Denied) (No 

mitigation) 

(4) 24 Apr 02, Fort George G. Meade, MD -  Article 86.  You 
did, on or about 10 Apr 02, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  Reduction to A m .   Suspended Reduction to AB. 
(Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 26 FEB 03 -  Failure to go at time prescribed. 

LOR, 05 AUG 02 -  Failed to maintain proper standards for 
LOR, 24 OCT 01 - Failure to go and two times for being late 

your dormitory room. 

for duty. 

f .  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (02) Mos  (06) Das 
TAMS: (02) Yrs  (02) Mos  (06) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 1 Feb 05. 

(Change Discharge to Honorable.) 

NO ISSUES SUBMITTED. 

ATCH 
1.  DD Form 214 
2.  Letter form 

District Service Officer for NC VA Office. 

-- 

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I-L) 

'UW-uooLly- 

/ YEPARTMENT OF THE AIR FORCE  f -  
. 

70th INTELLIGENCE WING (ACC) 

!. 

FORT GEORGE G. MEADE MARYLAND 

5 June 2003 

MEMORANDUM FOR 

FROM: 29 ISICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for a Pattern of 
Misconduct Prejudicial to Good Order and Discipline.  The authority for this action is 
AFPD 36-32 and AFI 36-3208, Chapter 5, Section H, Paragraph 5.50.1.  If my 
recommendation is approved, your service will be characterized as either honorable or 
general.  I am recommending that your service be characterized as general. 

2.  My reasons for this action are that: 

a  You, were, at or near the Arundel Mills Mall, Maryland, on or about 15 March 

2003, disorderly, which conduct was of a nature to bring discredit upon the 
armed forces.  For this misconduct, you received Nonjudicial Punishment, dated 
15 May 03. 

b.  On or about 5 Feb 03, you failed to be at your appointed place of duty at the 

prescribed time. For this misconduct, you received a Letter of Reprimand, dated 
26 Feb 03. 

c.  You did, at Fort George G. Meade, Maryland, between on or about 1 Aug 02 
and on or about 2 Aug 02 absent yourself fiom your appointed place of duty. 
For this misconduct, you received Nonjudicial Punishment, dated 26 Aug 02. 

d.  You, did, at Fort George G. Meade, Maryland, between on or about 3 1 Jul02, 
without authority, fail to go at the time prescribed to your appointed place of 
duty.  For this misconduct, you received Nonjudicial Punishment, dated 26 Aug 
02. 

e.  On or about 1 Aug 02, you failed to maintain proper standards for your 

dormitory room. For this misconduct, you received a Letter of Reprimand, dated 
5 Aug 02. 

. 

. 

f.  You, did, at or near Fort George G. Meade, Maryland, on or about 29 May 02, 

without authority, fail to go at the time prescribed to your appointed place of 
duty, to wit:  Commander's Support Staff, Building 9801, Fort George G. 
. 
Meade, Maryland.  For this misconduct, you received a Vacation of Suspended 
Nonjudicial Punishment, dated 1 1 Jun 02. 

"First in the Fight" 

g.  You, did, at or near Fort George G. Meade, Maryland, on or about 10 Apr 02, 
without authority, fail to go at the time prescribed to your appointed place of 
duty, to wit:  Commander's Support Staff, Building 9801, Fort George G. 
Meade, Maryland.  For this misconduct, you received Nonjudicial Punishment 
dated 24 Apr 02. 

h.  On or about 18 Oct 01 to on or about 23 Oct 01, without authority, fail to go at 

the time prescribed to your appointed place of duty, to wit:  Commander's 
Support Staff, Building 9801, Fort George G. Meade, Maryland.  For this 
misconduct, you received a Letter of Reprimand and an Unfavorable 
Information File, dated 24 Oct 01. 

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 educational 
assistance funds may be subject to recoupment. 

4.  You have the right to consult counsel. Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult Area Defense Counsel, Capt 
(240) 857-6624 at Andrews AFB, on 9 June 03 at 0930.  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 10 June 2003 unless you request and 
receive an extension.  I will send them to the separation authority. 

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

7.  You will be notified of your medical examination as soon as it is scheduled. 

8.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974. 
A copy of AFI 36-3208 is available for your use at the 29 IS orderly room or the k e a  
Defense Counsel's office. 

9.  Execute the attached aclcnowledgment and return i 

Commander 

,  . 

"First in the Fight" 

t.. 
Atchs : 
1.  Supporting documents 

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a.  AF Form 3070, dated 12 May 03 
b.  Letter of Reprimand, dated 26 Feb 03 
c.  AF Form 3070, dated 26 Aug 02 
d.  Letter of Reprimand, dated 5 Aug 02 
e.  AF Form 366, dated 11 Jun 02 
f.  AF Form 3070, dated 24 Apr 02 
g.  Letter of Reprimand, dated 24 Oct 01 
h.  AF Form 1058, dated 24 Oct 01 

First in the Fight"