I 
I NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

: E ~ :  

- 

1 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

I  AMN 

I 

RECORD RE  -iKW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

I 

VOTE O F  THE BOARD 

HON 

GEN 

UOTHC 

OTHER  DENT 

ISSUES  A94.05 

INDEX NUMBER 

A67.10 

X* 

X* 

X 

X 

X * 

EXWIBlTS SUBMITTED T O  THE BOARD 

ORDER APPOINTING THE  BOARD 
APPLICA'I ION  FOR REVIEW OF DISCHARGE 

1 
2 
1  3  1  LETTER OF NOTIFICATION 
4  /  BRIEF OF PERSONNEL  FILE 

~~  ~  - - 

I  COUNSEL'S  RELEASE TO THE  BOARD 

1 

HEARING  DATE 

CASE NUMBER 

TAPE RECORDING OF PERSONAI> APPEARANCE 

06 Dec 2005 
APPLICANT'S ISSUE AND l T E  BOARD'S DEClSlONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DtSCHARGE EVLEW BOARD DECISIONAL RATIONALE 

FD-2005-00084 

I 

I 

I 

Case heard at Washington, D.C. 

* Send signal 

Advise applicant of the decision of the Board, the right to a personal appearance with/witho~~t counsel, and the right to 
submit an applicatio~i to the AFBCMR. 

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

SICY4TURE OEl$CCORDER 

/ 

/ 

, ' 

FIGNATURE OF BOARD  ~ S I D E N ~ .

'

 

- A 

- 

INDORSEMCN?'  ' 

SAFlMRBR 

550 C STREET WEST, SUITE 40  7 1535 COMMAND  DR, EE  WING, JRD FLOOR 

SECRETARY OFTHE AIR FORCE  PERSONNEL  COUNCIL 
AIR  FORCE DISCHARGE  REVIEW  BOARD 

-- 

RANDOLPH AFB  TX 78 150-4742 

ANDREWS AFB, MD  20761.7002 

DATE:  12/6/2005 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be  used 

' --  --  -A 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-000S4 

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. 

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 because he was discharged 
"after  being  diagnosed  with  insomnia."  The records  indicated the  applicant  received  two  Article  15s, one 
Letter of Reprimand, and three Records of Individual Counseling for misconduct.  The misconduct included 
recurring  lateness,  failure  to  go,  and  making  a  false  statement.  The  DRB  opined  that  through  these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  The DRB had 
no  medical  records  or  documentation  confirming  a  diagnosis  of  insomnia.  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. 

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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Wright-Patterson AFB, OH on 
31 Jul 03 UP AFI 36-3208, para 5.49 (Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Dec 81.  Enlmt Age: 19 3/12.  Disch Age: 21 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-69,  E-72,  G-55,  M-50. PAFSC: 2W031 - Munitions Systems 
Apprentice.  DAS: 29 Oct 02. 

b.  Prior Sv: (1) AFRes 30 Mar 01 -  16 Apr 01 (17 Days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 17 Apr 01 for 6 years. Svd: 02 Yrs 03 Mo 13 Das, all 

AMS . 

b.  Grade Status:  Amn  -  27 Jun 03  (Vacation of Suspension, 27 Jun 03) 

A1C -  15 Jun 01 

c.  Time Lost:  None. 

d.  Art 15's: 

(1) 27 Jun 03 -  Vacation, Spangdahlem AB, GE -  Article 

86.  You did, on or about 10 Jun 03, without 
authority, fail to go at the time prescribed to 
your appointed place of duty.  Reduction to Amn. 
(No appeal) (No mitigation) 

(2) 8 May 03 -  Spangdahlem AB, GE -  Article 86. You did,on 

or about 17 Apr 03, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
with 
Article 107.  You did, on or abo 
intent to deceive, make to TSgt 
an 
official statement, to wit:  "I failed my driving 
test," and "I did take my driving test," or words to 
that effect, which statement was totally false, and 
was then known by you to be so false.  Suspended 
Reduction to Amn.  Fourteen days extra Duty and 
Reprimand.  (No appeal) (No mitigation) 

e.  Additional: LOR, 11 MAR 03 - Failure to go at time prescribed. 

RIC, 20 FEB 03 - Late for Duty. 
RIC, 09 JAN 03 -  Recurring Lateness. 
RIC, 03 JAN 03 - Recurring Lateness. 

f.  CM:  None. 

g.  Record of SV: 19 Apr 01 -  15 Mar 03  Spangdahlem AB  4  (Initial) 

h.  Awards &  Decs:  NDSM, AFTR 

i.  Stmt of Sv:  TMS:  (02) Y ~ s  (04) Mos  (00) Das 
TAMS:  (02) Yrs  (03) Mos  (13) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Jan 05. 

(Change Discharge to Honorable.) 

Issue 1:  Discharge was given after being diagnosed with insomnia.  Doctor 
had requested for me to be put on a night shift, request was refused so that I 
would be on same shift with supervisor, who  . . .  I never seen due to the fact that 
he worked in a different building and never helped with any problems. 

ATCH 
None. 

DEPARTMENT  OF THE AIR FORCE 

5 2 ~  FIGHTER WING (USAFE) 

MEMORANDUM FOR Amn 

FROM;  52 EMSICC 

, 1. 

SUBJECT:  Notification Letter 

52 EMS 

1.  I arrl 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 will be characterized 
as honorable or general (under honorable conditions).  I am recommending that your 
service be characterized as general (under honorable conditions). 

2.  My reasons for this action are: 

a.  On or about 3 Jan 03, you failed to report for duty on time.  For this infraction you 
received a Record of Individual Counseling (RIC) dated 3 Jan 03 (Atch 1). 

b.  On or about 9 Jan 03, you failed to report for duty on time.  For this infraction, you 
received another RIC dated 9 Jan 03 (Atch 2). 

c.  On or about 20 Feb 03, you failed to report for duty on time.  For this infraction, 
you received another RIC dated 20 Feb 03 (Atch 3). 

d.  On or about 7 Mar 03, you failed to report for duty on time.  For this infraction, you 
received a Letter of Reprimand dated 11 Mar 03 (Atch 4). 

e.  On or about  17 Apr 03,  you  failed to go at the time  prescribed to your  place of 
duty and you made a false official statement.  For these infractions, you received an 
Article  15 Nonjudicial Punishment action dated 8 May 03.  Your punishment included 
reduction to the grade of E-2 (Airnian), suspended until 7 Nov 03, 14 days extra duty 
and a reprimand (Atch 5). 

f.  On or about  10 Jun 03, you failed to go at the time  prescribed to your appointed 
place of duty.  For this infraction, on 27 Jun 03, you received a vacation action of the 
previously  suspended  Article  15  Nonjudicial  Punishment  reduction  and  you  were 
reduced in rank to E-2 (Airman) with a new date of rank of 8 May 03 (Atch 6). 

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. 
If you are discharged, you will be ineligible for re-enlistment 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 has been obtained to 
assist you.  I have made an appointment for you to consult Capt, 
Spangdahlem AB,  Germany, DSN 452-6607, on 
You may consult civilian counsel at your own expense. 

/ 6 July 03 

5.  You have the right to subrr~it statements in your own behalf.  Any statements you 
want the separation authority to consider must reach me within three duty days, 
unless you request and receive an extension in writing for good cause shown.  I will 
send them to the separation authority. 

6.  If you fail to consult counsel or to submit statements on your own behalf, yo[-lr failure 
will constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to your 
PRIMARY CARE MANAGER on  16  z\u  03 
report 15 minutes prior to your appointment./ 

I300 

at 

hours.  You must 

8.  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 the Commander's Support 
Staff office. 

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

Attachments: 
1.  RIC, 3 Jan 03 
2.  RIC, 9 Jan 03 
3.  RIC, 20 Feb 03 
4.  LOR, 11 Mar 03 
5.  AF Form 3070,8 May 03 
6.  AF Form 366,27 Jun 03 
7.  Airman's Receipt of Notification Letter, located at Tab 2