L- AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

NAME OF COUhSEL AND OR ORGANIZATION 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

/ 

TYPE GEN 

YES 

No 
X 

MDEX NUMBER 

A67.10 

I  HEARWCDATE 

I  CASENUMBER 

EXHIBITS SI;Bhll'ITED TO'I'HE BOARD 
- ----- 
I  1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 
1  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 FECORDING OF PERSONAL APPEARANCE 

I 
I  I 

I 
I 
I 

1 

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: 

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

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE 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 

1 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

~D-2005-00112 

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. 

ISSUES: 

Issue 1.  Applicant contends his discharge is creating a negative public view and it is difficult to become a 
productive member of society.  The records indicated the applicant was found guilty by Summary Court 
Martial for making a false official statement with intent to deceive.  The member also received two Letters 
of Reprimand and three Records of Individual Counseling for failure to attend mandatory training, failure to 
wear desert combat uniform properly, disrespectful  and unacceptable behavior to a member of his chain of 
command, dereliction of duty, and non-compliance with Air Force standards.  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 April 5, 
1999) 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.  The applicant noted his desire to return to military service.  While the Board commends the 
applicant on this aspiration, it is not a matter of equity or propriety with regard to his discharge and does not 
provide a basis that warrants an upgrade. 

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 SrA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Stuttgart, Germany on 13 Oct 
04 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Dec 78.  Enlmt Age: 20 2/12.  Disch Age: 25 9/12. Educ: HS DIPL 
AFQT: N/A.  A-46,  E-74,  G-68,  M-78. PAFSC: JlC451 - TAC Air Command &  Control 
Journeyman. DAS: 1 Feb 02. 

b.  Prior Sv:  (1) Enlisted as Amn  24 Mar 99 for 4 yrs.  Svd: 3 yrs 9 months 

23 days, all AMS.  A1C -  22 Jun 00.  SrA -  21 Sep 02.  EPRs: 4,3(REF), 4. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 17 Jan 03 for 4 yrs. Svd: 1 Yrs 8 Mo 26 Das, all AMS. 

b.  Grade Status:  A1C -  2 Jul 04 (Summary Court Martial, 17 Jan 04) 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: RIC/UIF, 14 JUN 04 -  Noncompliance with Air Force 

standards, customs, and courtesies. 

LOR, 04 JUN 04 -  Dereliction. of duty. 
LOR; 01 JUN 04 -  Disrespect and unacceptable behavior to a 

RIC, 26 OCT 03 -  Failure to wear the desert combat uniform 

member of his chain of command. 
proper1 y . 

RIC, 26 OCT 03 -  Failure to attend manadatory training. 

f.  CM:  Summary Court Martial -  17 Jun 04. 

CHARGE I:  Finding: Not Guilty. 

CHARGE 11:  Article 134.  Plea: Not Guilty.  Finding: Guilty. 

Specification:  Did, at or near Camp Ederle, Italy, on or about 9 
Feb 04, with intent to deceive, make to TSgt 
r  an 
official statement, to wit:  " 
said it's okay 
for me to take leave anywhere because I have officially final out- 
processed the unit," which statement was inaccurate in that- 

,- 

also told you she did not think it was legal for you to 

stay in the overseas area without being on leave and to speak with 
SSgt Donricus Lilly.  Sentence adjudged:  Reduction to the grade 
of AlC, and forfeiture of $100.00 pay for one month. 

g.  Record of SV: 22 Sep 02 -  21 Sep 03  Camp Ederle AIN  4  (Annual) 

h.  Awards &  Decs:  ARCM, AFTR, NDSM, AFOSSTR, AFLSAR, SAEMR, AFEM W/1 OLC, 

AFGCM, AFOSLTR, KSM, AFOUA W/1 OLC. 

i.  Stmt of Sv:  TMS:  (5) Yrs  (6) Mas  (20) Das 
TAMS:  (5) Yrs  (6) MoS  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 6 Mar 05. 

(Change Discharge to Honorable) 

Issue 1:  Due to the characterization of discharge and reasons, the view of 

the public has become negiative (sic) towards this matter.  I found it very 
difficult to become a productive member of society because of the negative 
influence of the character of discharge.  As far as employment, it has become 
overly difficult to find employment with this charactization of discharge.  If 
this discharge is upgraded or changed to honorable, this will help or change 
several matters like employment.  During this 6 month wait, I want to attend 
several continuing education programs, but this characterization of discharge 
has made it impossible to recieve (sic) my VA benefit like the G.I. Bill. 
Furthermore, I have given careful consideration to continuing my service to my 
country in a different service agency.  This discharge upgrade will open a 
multitude of opportunities.  Thank you. 

ATCH 
1. Texas Workforce Commission Statement of Account. 

I 

DEPARTMENT OF THE AIR FORCE 

DETACHMENT 1,4TH AIR  SUPPORT OPERATIONS GROUP 

3 1 August 2004 

MEMORANDUM FOR A 1 C 

FROM:  DET 1,4 ASOGICC 

SUBJECT:  Notification Memorandum 

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 will be characterized as an Under Honorable 
Conditions (General) Discharge.  I am recommending that your service be characterized as an 
Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  On or about 9 February 2004, with intent to deceive, you made to TSgt 
an inaccurate official statement.  For this incident, you were convicted at a summary court- 
martial on  17 June 2004.  The findings and sentencing were approved by the special court- 
martial convening authority on 13 August 2004.  (Atch 1 a) 

b.  On or about 10 June 2004, you addressed a Captain of the United States Air Force by his 
first name.  For this incident, you received a Record of Individual Counseling (RIC),  dated 
14 June 2004.  This action was placed in y o u  Unfavorable Information File (UIF).  (Atchs lb 
and lc) 

c.  On  or about 1 June 2004, you were derelict in the performance of your duties in that you 
failed to follow unit directives for physical training (PT) . Specifically, you were at the PX 
getting your hair cut when you should have been at PT and you were wearing headphones that 
were not authorized.  For these incidents, you received a Letter of Reprimand (LOR), dated 
4 June 2004.  This action was placed in your UIF.  (Atchs Id and le) 

d.  On or about 12 April 2004, you did not follow your chain of command to request 
permissive temporary duty orders and on or about 23 April 2004, you did not follow y o u  
chain of command in requesting to be a lifeguard at the post fitness center pool.  For these 
incidents, you received a LOR, dated 1 June 2004.  This action was placed in your UIF. 
(Atchs 1 d and If) 

e.  On or about 23 October 2003, you failed to wear the desert combat uniform (DCU) 

properly.  For this incident you receive'd a RIC, dated 26 October 2003.  (Atch lg) 

f.  On or about 22 October 2003, you did not attend mandatory Professional Military 
Education (PME) training.  For this incident, you received a RIC, dated 26 October 2003. 
(Atch lh) 

3.  You have the right to consult counsel.  Contact the Legal Office at Aviano Air Base (DSN 
632-5588 ) to make an appointment. If you chose to not consult with counsel, then take no 
actions regarding an appointment with legal. You may consult civilian counsel at your own 
expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  lOOOL  on 7 Sep (Tues)  unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

5.  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. 

6.  You are required to have a medical examination.  An appointment with Force Health 
Management at Aviano Air Base will be made for you and you will be notified in writing of the 
appointment and your requirements to fulfill it. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFT  36-3208 is available for your use at the orderly room. 

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

Attachments: 
1.  Supporting Documents: 

a.  DD Form 2329, dated 17 June 2004 wlatch 
b.  AF Form 1058, dated 26 July 2004 
c.  RIC, dated 14 June 2004 w/atch 
d.  AF Form 1058, dated 29 June 2004 wlatch 
e.  LOR, dated 4 June 2004 wlatch 
f.  LOR, dated 1 June 2004 wlatchs 
g.  RIC, dated 26 October 2003 
h.  RIC, dated 26 October 2003 

2.  Receipt of Notification Memorandum