AIR FORCE nrSCHARGE REVIEW BOARD HEARING  RECORD 

- 
rYPb GEN 

X 
NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

, 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

YES 

No 
X 

I 

I 

MEMBER SITTING 

IF  GEN 

I  UOTHC 

I  O i 1 / 1 /   DENY 

VOTE OF THE BOARD 

-- 

ISSUES  A94.05 

INDEX NUMBER 

A67.10 

I  HEARING  DATE 

I  CASENUMBER 

X 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING THE BOARD 
APPLlCATION FOR REVlEW OF DISCHARGE 
LETTER OF NOTIFlCATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE T O  THE BOARD 
ADDITIONAL  EXHIBITS SUBMlTTED AT TIME OF 
PERSONAL APPEARANCE 

1  TAPE RECORDING OF PERSONAL APPEARANCE 

20 Sep 2005 
AWLICANT'S ISSUE AND THEBOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW B O W  DECISIONAL RATIONALE 

FD-2005-00119 

Case heard at Washington,  D.C. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR , 

INDORSEMENT 

DATE:  9i20/2005 

TO. 

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

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 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00119 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 20 Sep 2005. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: Applicant's Contentions 
Exhibit #6: Summary of e-mail correspondence for "join spouse" assignment 

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: 

Issue  1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article 15s, a vacation of Article  15 suspended punishment, two Letters of 
Reprimand, three Letters of Counseling for misconduct.  The DRB opined that through these administrative 
actions, the applicant had ample opportunities to change his negative behavior.  Although the applicant 
provided additional extenuation and mitigation to the misconduct, the Board concluded the misconduct was 
committed and was, cumulatively, 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 and his successful completion of an 
initial enlistment as justification for upgrade.  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 also believed that he was mistreated "because certain individuals did not like [him.]" 
In support of this contention, the applicant provided  exhibit 6 and testified generally to a lack of command 
support.  The applicant pointed specifically to an NCO inside his unit but outside his chain of command who 
disliked him.  The applicant, however, could not point out a specific reason why he was mistreated nor point 
to a specific supervisor or member in his chain of command that mistreated him to a degree that would have 
impacted his separation from the Air Force.  The record reflects, to the contrary, that the command took 
steps to give the applicant the opportunity to overcome his difficulties.  Even up until the last piece of 
misconduct the command appeared to want to work with the applicant.  For example, the applicant's 
immediate commander stated in his recommendation, "The offer was made to him that if he could correct his 
financial indiscretions during the six-month period of the Control Roster and regain the trust of his chain of 
command, we would consider pulling the UIF and recommending him for promotion."  The Board 
concluded that the applicant did not sufficiently establish an impropriety or inequity in the command's 
administration of discipline or discharge 

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 SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Hurlburt Field, FL on 31 Dec 
03 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 May 78.  Enlmt Age: 18 3/12.  ~ i s c h  Age: 25 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-43,  G-32,  M-33. PAFSC: 2S051 -  Supply Management 
Apprentice. DAS: 22 Aug 99. 

b.  Prior Sv:  (1) AFRes 30 Aug 96 -  5 Mar 97 (6 months 4 days) (~nactive). 

2 days, all AMS.  AMN -  6 Sep 97.  A1C -  6 Jul 98.  SrA -  22 Mar 00.  EPRs: 
4,3(REF), 5. 

(2) Enlisted as AB 6 Mar 97 for 4 yrs.  Svd: 3 yrs 11 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 9 Feb 01 for 4 yrs. Svd: 2 Yrs 10 Mo 22 Das, all AMS. 

b.  Grade Status:  Arnn  -  14 Nov 03  (Article 15, 14 Nov 03) 

A1C -  24 Aug 01  (Vacation of Article 15, 19 Feb 02) 

c.  Time Lost:  None 

d.  Art 15's:  (1) 14 Nov 03, Hulburt Field, FL -  Article 86.  You did, on 

or about 11 Oct 03, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Article 91.  You, on or about 11 Oct 03, were 
disrespectful in language toward SMSgt- 

a senior noncommissioned officer, then known 
by you to be a senior noncommissioned officer, who was 
then in the execution of his office, by saying to him, 
"I'm with my buddies and I'm not going to report to 
work," or words to that effect.  Article 92.  You, who 
knew or should have known of your duties, within the 
state of Florida, on or about 12 Oct 03, were derelict 
in the performance of  those duties in that you 
negligently failed to maintain a valid drivers license 
while operating a vehicle, as it was your duty to do. 
Reduction to Airman, and 14 days extra duty. 
(Appeal/Denied) (No mitigation) 

(2) 19 Feb 02, Vacation, Hulburt Field, FL -  ~rticle 92. 

You, who knew of your duties, between on or about 3 Oct 
01, and on or about 3 Jan 02, were derelict in the 
performance of those duties in that you willfully failed 
to pay your Bank of America VISA government travel 
charge card bill, as it was your duty to do.  Reduction 
to A1C.  (No appeal) (No mitigation) 

(3) 24 Aug 01, Hulburt Field, FL -  Article 92.  You, who 

knew of your duties, between on or about 12 Apr 01 and 
on or about 13 May 01, were derelict in the performance 
of those duties in that you willfully used your Bank of 
America VISA government travel charge card for personal 
cash advances rather than for government travel expenses 
only, as it was your duty to do.  Suspended reduction to 
A1C.  Thirty days extra duty, and a reprimand. 
(No appeal) (No mitigation) 

e.  Additional: LOR/UIF, 28 AUG 03 -  Failure to pay rent. 

LOC, 27 AUG 03 -  Late for duty and dereliction of duty. 
LOC, 25 AUG 03 -  Failure to obey orders and lying. 
LOR, 31 JUL 03 -  Failure to pay rent. 
LOC, 25 JUN 01 -  Dereliction of duty. 
MEMO, 11 DEC 01 -  Late DPP payment. 
MFR, 16 JUN 01 -  Failure to communicate. 

f.  CM:  None. 

g.  Record of SV: 22 Mar 00 -  21 Mar 01  Hulburt Field  5  (Annual) 

22 Mar 01 -  21 Mar 02  Hulburt Field  2  (Annual)(REF) 
21 Mar 02 -  28 Nov 02  Hulburt Field  4  (CRO) 
29 Nov 02 -  28 Nov 03  Hulburt Field  2  (Annual) (REF) 

h.  Awards &  Decs:  AFLSAR, AFOSLTR, AFTR, NDSM, NATOM. 

i.  Stmt of Sv:  TMS:  (7) Yrs  (4) Mos  (2) Das 

TAMS: (6) Yrs  (9) Mos  (26) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 7 Mar 05. 

(Change Discharge to Honorable) 

Issue 1:  Member has completed first full term of service.  To be eligible 

for education benefit you must have received an "honorable" discharge.  I ' m  
currently enroll  (sic) in school and want to request for revision of the 
characer (sic) of my discharge with the service department Discharge review 
board. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE SPECIAL OPERATIONS COMMAND (AFSOC) 

I 

MEMORANDUM  FOR  AM 

FROM:  HQ AFSOCICCQ 

SUBJECT:  Notification Memorandum-Board  Hearing 

12 o e  03 

I-IQ AFSOC 

1.  I am recommending your discharge from the United States Air Force for misconduct, more 
specifically, minor disciplinary infractions.  The authority for this action is AFPD 36-32, Military 
Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, under the 
provisions of chapter 5, section H, paragraph 5.49.  Copies of the documents td be fokarded to 
the separation authority to support this recommendation are attached. 

2.  My reasons for this action are: 

a.  On or about  1 1 Oct 03, without authority you failed to go at the time prescribed  to 
e of duty and were disrespectful in language toward Senior Master Sergean 
senior noncommissioned officer, for which you received Nonjudicial Puni 

under Article  15, UCMJ on 20 Nov 03, which was filed in your Unfavorable Information File 
(UIF). 

b 

b.  Between on or about  15 Aug 03 and on or about 28 Aug 03, you dishonorably failed to 
pay your rent, for which you received  a Letter of Reprimand (LOR) on 28 Aug 03, which was 
filed in your UIF. 

c.  Between on or about 24 Jul 03 and on or about 25 Jul 03, you were derelict in the 

performance of your duties by not completing the tasks told to you by ssgt'llLllLor 
performing a proper turn over, for which you received  a Letter of Counseling (LOC) on 
27 Aug 03, which was filed in your Personnel  Information File (PIF). 

d.  Between on or about 2 1 Jul 03 and on or about 22 Aug 03, you were derelict in the 

performance of your duties in that you failed to properly dispose of your deceased dog's  carcass, 
for which you received an LOC on 25 Aug 03, which was filed in your UIF. 

e.  Between on or about 1  Jul03 and on or about 18 Jul 03, you dishonorably failed to pay 

your rent, for which you received an LOR on 3 1 Jul03, which was filed in your UIF. 

f.  Between on or about 3 Oct 01 and 3 Jan 02, you were derelict in the performance of your 

duties by willfully failing to pay your Bank of America VISA government travel charge card bill, 
for which you received Vacation of Suspended Nonjudicial  Punishment on  10 Feb 02, which was 
filed in your UIF. 

Any  Time. . . Any Place 

g.  Between on or about  12 Apr 0 1 and on or about  13 May 01, you were derelict in the 

performance of your duties by using your Bank of America VISA govemment travel charge card 
for personal cash advances rather than government travel expenses, for which you received 
Nonjudicial  Punishment under Article 15, UCMJ on 28 Aug 01, which was filed in your UIF. 

h.  On or about  15 Jun 0 1, you were derelict in the performance of your duties by neglecting 
to notify Storage and Issue and the C-130 MRSP personnel of four MICAP LRC shipments that 
were required to be pulled for shipment to deployed forces involved in the Operation Readiness 
Inspection (ORI), for which you received an LOC on 25 Jun 01, which was filed in your PIF. 

3.  This action could result in your separation with an under other than honorable conditions 
(UOTHC) discharge.  I am recommending that you receive a general discharge.  The commander 
exercising special court-martial jurisdiction  or a higher authority will make final decision in this 
matter.  If you are discharged, you will be ineligible for reenlistment in the Air Force and will 
probably be denied enlistment in any component of the armed forces and any special pay, bonus 
or education assistance hnds may be subject to recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, in lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before making a decision to 

waive any of your rights. 

5.  You have been scheduled for a medical examination.  You must report to the Hurlburt Field 
Clinic, at 

hrs on 

!a 

*!tq 

. 

hours, Bldg 90042.  Instead of the appointed counsel, you may have another, if the 

6.  Military legal counsel Capt 
appointed to assist you.  An ap 
at  0400 
lawyer you request is in the active military service and is reasonably available as determined 
according to AFI 5 1-201, Administration  of Military Justice.  In addition to military counsel, you 
have the right to employ civilian counsel.  The Air Force does not pay expenses incident to the 
employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

DSN: 579-521 6, (850) 884-52 16, has been 
scheduled for you to consult him on  1 5 ~ ~ ~ 6 3  

7.  Confer with your counsel and reply in writing within 7 workdays, specifying the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who will also 
sign it.  If you waive your right to a hearing before an administrative discharge board, you may 

submit written statements in your own behalf.  I will send the statements to the discharge 
authority with the case file to be considered with this recommendation.  If you fail to respond, 
your failure will constitute a waiver of the right to the board hearing. 

8.  Any personal information you hunish in\ rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 will be provided upon your request. 

9.  If you request a board and fail to appear without good cause, your failure to appear constitutes 
a waiver of your right to be present at the hearing. 

10.  If you received advanced educational assistance, special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 

1 1. Execute the attached acknowledgment and retum to me immediately. 

Attachments: 
1.  AF FM 3070, dtd 20 Nov 03 (5pgs) 
2.  LOR, dtd 28 Aug 03 (lpg) 
3.  LOC, dtd 27 Aug 03 (lpg) 
4.  LOC, dtd 25 Aug 03 (lpg) 
5.  LOR, dtd 31 Jul03 (2pgs) 
6.  AF FM 366, dtd 20 Feb 02 (3pgs) 
7.  AF FM 3070,28 Aug 01 (3pgs) 
8.  LOC, dtd 25 Jun 01 (2pgs) 
9.  AF Form 1137, undated (lpg) 
10.  Documents containing derogatory information--which are not listed on the notification 
memorandum : 

a.  Memo For SMS~- 
b.  MFR, dtd 16 Jun 01 (lpg) 
c.  MFR, dtd 16 Jun 01 (lpg) 
d.  Memorandum For Capt Delarnater, undated (lpg) 

dtd 11 Dec 01 (lpg) 

1 1.  Airman's receipt of notification memorandum