AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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TYPE GEN 

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IX 
I NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

''colMSw 

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MEMBER SITTING 

ISSUES  A94.06 
A93.02 

IKDEX NIILIBER 

A67.30 

HEARING DATE 

CASE NUMBER 

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I  RECORDREVIEW 

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"  VOTE OF THE B?A&D&' 
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EXHIBITS SUBRlIlTED '1'0 THE BOARD 

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w:rri., ? 

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I  ORDER APPOINTING THE BOARD 

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1  2  1  APPLlCATION  FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATlON 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

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TAPE RECORDING OF PERSONAL APPEARANCE 

29 Sep 2005 
APPLICANT'S  ISSUE AND THE BOARD'S  DECISION.41 RATIONAL ARE DISCUSSED ON T I E  AlTACHU) AIR FORCE DISCHAKGE REVJEW BOARD DECISIONAL RATI0N.U-E 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

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

+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY 

C  - - -  
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INDORSEnlENT 

... 

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

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DATE:  10131'2005 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND D R  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

FROM: 

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AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00 164 

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 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  discharge was inequitable  because  it  was  too harsh  and he was  immature.  The records 
indicated  the  applicant  received  a  general  discharge  for  a  pattern  of  misconduct  and  failure  in  the  alcohol  abuse 
treatment.  For  his  misconduct  he  received  the  following:  an  Article  15 for  being  disrespectful  in  language  to  a 
noncommissioned  officer,  underage  drinking,  and  driving  while  under  the  influence  of  alcohol;  seven  Letters  of 
Reprimand  for  failure  to  go  and  obey  a  lawful  order,  drinking  and  possession  of  alcoholic  beverages  underage, 
disrespect  to  a  superior  commissioned  officer  and  superior  noncommissioned  officer,  lying,  uniform  not  within 
standards, late returning from breakfast and lunch, improper conduct in the duty area, and a civil arrest for assault; and 
a  Letter  of  Counseling  for  dereliction  of  duty.  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.  Applicant states that the charges of his civil arrest were dropped and if the incident had been looked into he 
would still be in the military.  This issue is without merit as the applicant did not provide any documentation to 
support this issue.  The Board concluded the discharge was appropriate for the reasons which were the basis for this 
case. 

Issue 3 applies to the applicant's  post-service activities and desires for a government job or a job  in law enforcement. 
The DRB was pleased to see that the applicant was doing well and has a good job.  However, no inequity or 
impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the 
misconduct of the applicant appropriately characterized his term of service. 

If the applicant can provide additional documented information to substantiate an issue, he 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 AB) (HGH AlC) (REHEARING) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a Gen Dish fr Loring AFB, ME 
on 9 Feb 88 UP AFR  39-10, para 5-49d  (Misconduct -  Commission of 
a Serious Offense) Appeals  for Honorable Discharge. 

2.  OTHER FACTS: 

a.  See attached cy of Examiner's  Brief dtd 19 Mar  03. 

b.  The AFDRB reviewed case on 9 Apr  03  (non-appearance w/o 

counsel) &  concluded applicant's  discharge should not be changed. 

3.  BASIS ADVANCED  FOR REHEARING:  Appl  (DD hn 293) dtd 15 Mar 
05.(Change  Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

Atch 

None. 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 9 Feb 88 UP AFR 39-10, 
para 5-49d (Misconduct -  Commission of a Serious Offense).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 3 Oct 66.  Enlmt Age: 19 5/12.  Disch Age: 21 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-28,  E-62,  G-44,  M-71. PAFSC: 42652 -  Jet Engine Mechanic. 
DAS: 7 Oct 86. 

b.  Prior Sv:  (1) AFRes 4 Mar 86 -  22 May 86  (2 Months 19 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AE?  23 May 86 for 4 yrs. Svd: 1 Yrs 8 Mos 18 Das, all AMS. 

b.  Grade Status:  AE?  -  30 Nov 87 (Article 15, 30 Nov 87) 

A1C -  23 Sep 87 
AMN -  23 NOV 86 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 30 Nov 87, Loring AFB, ME -  Article 134.  You, did, 

between on or about 19 Aug 87 and on or about 18 Oct 87, 
with intent to defraud, falsely pretent to - - - - -  
that 
Communications Op 
telephone numbers 
and 
your home telephones or that you were 
charge long distance telephone calls to these numbers, 
then knowing that the pretenses were false, and by means 
thereof did wrongfully obtain - - - - -   Communications 
services of a value in excess of $100.00, to wit:  long 
distance telephone calls.  Reduction to AB, forfeiture 
of $150.00 pay per month for two months, and 45 days 
extra duty.  (No appeal) (No mitigation) 

were 

e.  Additional: LTR, 29 SEP 87 - Revocation of On-Base driving privileges 
due to driving with a suspended license. 
LOR, 27 SEP 87 - Drunk on station and disorderly conduct. 

f.  CM:  None. 

g.  Record of SV: 23 May 86 -  22 May 87  Loring AFB  8  (Annual) 

(Discharged from Loring AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (1) Yr  (11) Mos  (6) Das 
TAMS:  (1) Yr  ( 8 )   Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Jan 03 

(Change Discharge t o  Honorable) 

Issue 1:  I am requesting that my discharge from the Air Force be upgraded 

from General to Honorable.  At the time of my discharge, I was a 20 year old kid 
away from home for the first time.  There was nothing in my background or 
upbringing to prepare me for service life in the desolate conditions of Loring 
A.F.B. in Maine.  I was a flight line get engine mechanic working out in the 
harsh elements.  I made several attempts to get a transfer out of that area but 
was denied.  I was young and immature, and that is refected  (sic) in the 
decision that I made at the time to leave the Air Force. 

Issue 2:  I have spent the past 6 years as a civilian contract mechanic to 
the Army National Guard.  I regret the decision I made years ago not to satisfy 
the terms of my enlistment.  It is embarassing to have the mistake I made as an 
immature kid follow me around to this day.  My success today is direct result of 
the tools that the Air Force provide  (sic) me back then.  It is my regret that I 
was too young to appreciate it at the time.  My record will show that I was an 
outstanding and hard working Airman.  My dissatisfaction with my  location never 
affected my work product or work ethic.  I have learned alot  (sic) since then 
and would change the past if I could, but since that is not an option, I am 
asking for my discharge to be upgraded. 

Issue 3:  I greatly appreciate the time that will be taken to review my 

request . 

ATCH 
None. 

1 7  MAR  2005 

APPLICATION  FOR THE REVIEW OF  DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

{Please read instructions on Pages 3 and 4  BEFORE completing this application.) 

Form Approved 
OM8 No.  0704-0004 
Expires A u g  31,  2 0 0 6  

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. 

The  public  reporting burden  for  this  collection of  information is estimated  to average 3 0  minutes per  response, including the time  for reviewing  instructions,  searching existing data  sources. 
gathering and maintaining the data needed, and completing and reviewing the collection  of information.  Send comments  regarding this  burden estimate or  any other  aspect of this  collection 
of  information,  including suggestions  for reducing the  burden, to Department of Defense, Washington Headquarters Services,  Directorate for  Information Operations and Reports 10704-00041, 
1215 Jefferson  Davis  Highway,  Suite  1204,  Arlington,  VA  22202-4302.  Respondents should  be  aware that notwithstanding any other  provision of  law,  no person shall  be subject  to any 
penalty for failing to comply with a collection of information if it does not display a currently  valid OMB control number. 
PLEASE  DO NOT RETURN  YOUR  FORM  TO  THE ABOVE ADDRESS.  RETURN  COMPLETED  FORM  TO THE APPROPRIATE ADDRESS ON  BACK  OF THlS PAGE. 

AUTHORITY:  1 0  U.S.C.  1553;  E.O.  9397. 

PRIVACY ACT STATEMENT 

RlNClPAL PURPOSE(S):  To apply for  a change in the characterization  or ieason for  military discharge  issued t o  an individual. 
OUTINE USEIS):  None. 
ISCLOSURE:  Voluntary;  however,  failure t o  provide  identifying informqion may impede processing of this application.  The request for 

1  42 OMS (SAC), LORING AFB, ME 

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OTHER  (Explain1 

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6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in ltem  14.  See instructions on 

Page  3.) 

I request an upgrade of my G E F R A L  discharge to HONORABLE on the ground of equity.  The specific issues relevant to my 
case are listed in Block 14. 

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8. 

IN SUPPORT OF THIS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE  SUBMITTED AS EVIDENCE:  (Continue in ltem  17. 
If military  documents or  medical records are relevant  to your  case, please ~end~copies.) 

7.  fX if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDDI 

* I  AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL  ISSUES, JUSTIFICATION,  OR  EVIDENCE. 
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I attach for reference my previous Form 293, dated January 10,2003, and request reconsideration of the Board's decision of April 9, 
2003 (Docket No. FD-2003-00037).  I now am represented by counsel and desire a hearing in Washington, DC.  See DODD 
11'211QC1 1 9 7  C 

200301 10 

. 
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13.  CERTIFICATION. 

I make the foregoing statements,  as part of  m y  claim,  with full knowledge of  the' 
penalties involved for willfully making a false  statement  or claim.  (U.S.  Code,  Title  18,  Sections 2 8 7  
and 1001,  provide thar an individual shall b e  fined under this title or imprisoned n o t  more than 5 years, 

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CASE NUMBER 

(Do  not wrire in this space.) 

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

1.  I was discharged following one Article 15 (for making collect calls with a government phone) and two less serious offenses. 

All of these errors of judgment  arose out of difficulties I was having in my personal relationships.  I took responsibility for my 
errors - none of which involved the performance of my military duties - when they occurred, and I regret them to this day.  I 
believe that my discharge was inconsistent with the standards of discipline prevalent in the Service at the time of my discharge. 
See DODD 1332.28 E4.3.2. 

2.  Folldwing my Article 15, I sought medical attention for my ensuing depression.  I was discharged from the Service shortly 

after I was diagnosed as suffering fiom an adjustment disorder that impaired my ability to function in a military environment. 
Under current policies and procedures, it is doubtful that I would have received a general discharge.  See DODD 1332.28 E4.3.1. 

3.  Even if my discharge was equitable and proper at the time of its issuance, the relief I seek is warranted based on my capability 

to serve, as demonstrated by my service record and other evidence, including my recent one-year deployment to Iraq as a civilian 
military contractor, were I proudly served alongside and under the sape conditions as uniformed military personnel.  See DODD 
1332.28 E4.3.3. 

15. CONTINUATION OF ITEM 8, SUPPORTING  DOCUMENTS  (If applicable) 

I thank the Board for its reconsideration of this matter. 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army  Review  Boards Agency 
Support  Division, St.  Louis 
9 7 0 0  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 4 0  
Randolph AFB,  TX  781 50-4742 

1. 

'> 

N A V Y  AND MARINE CORPS 

Naval Council of  Personnel Boards 
7 2 0  Kennon Street, S.E. 
Room 3 0 9  (NDRB) 
Washington  Navy Yard,  DC  20374-5023 

COASTGUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
2 1 0 0  Second Street,  S.W.  Room 5500 
Washington,  DC  20593 

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D D  FORM 293, AUG 2 0 0 3  

Page 2 of  4  Pages 

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DEPARTMENT  O F  T H E  A I R   FORCE 
HEADQUARTERS 4 2 D  BOMBARDMENT WING  (SAC) 

L O R I N G  AIR  FORCE BASE,  MAINE 0 4 7 5 1 - 5 0 0 0  

REPLY TO 
ATTN  OF: 

4 2   OMS/CC 

SUBJECT: 

L e t t e r   o f   N o t i f i c a t i o n  

TO: 

 

1 .
I  am  recomnending  your  d i s c h a r g e   from  t h e   U n i t e d   S t a t e s   A i r   Force 
f o r   t h e   Commission  o f   a   S e r i o u s   O f f e n s e ,   Other  S e r i o u s   O f f e n s e s .   The 
a u t h o r i t y   f o r   t h i s   a c t i o n   i s  AFR  39-10,  paragraph  5-49d. 
recomnendation 
h o n o r a b l e   o r   g e n e r a l .  
c h a r a c t e r i z e d   a s   g e n e r a l .  

I  am  recomnending  t h a t   your  s e r v i c e   be 

i s   approved,  your  s e r v i c e   w i l l   be  c h a r a c t e r i z e d   as  e i t h e r  

I f  my 

2 .   My  reason  f o r   t h i s   a c t i o n   i s  your  c o m n i s s i o n   o f   a   s e r i o u s   o f f e n s e  
and  m i n o r   d i s c i p l  i n a r y   i n f r a c t i o n s :  

a .   You  d i d ,   a t   L o r i n g   A i r   F o r c e   Base,  Maine,  between  on  o r   about  19 

August  1987  and  on  or  a b o u t   18  October  1987,  w i t h   i n t e n t   t o   d e f r a u d ,  
f a l s e l y   p r e t e n d   t o   AT&T  Cornn 
Government  t e l e p h o n e   numbers 
home  t e l e p h o n e s   o r   t h a t   you  were  a u t h o r i z e d   t o  
t e l e p h o n e   c a l l s   t o   t h e s e   numbers, 
f a l s e ,   and  by  means  t h e r e o f   d i d   w r o n g f u l l y   o b t a i n   AT&T  Comnunications 
s e r v i c e s   o f   a   v a l u e   i n   excess  o f   $100.00, 
tel.ephone  c a l l s .   T h i s   i s   evidenced  by  t h e   A r t i c l e   15  you  r e c e i v e d   on  30 
Nov  87,  and  t h e   a t t a c h e d   S e c u r i t y   P o l i c e   Report  o f   I n v e s t i g a t i o n  
#245/G-9,  a t   a t t a c h m e n t   I .  

t h e n   knowing  t h a t   t h e   p r e t e n s e s   were 

t h e  
were  your 

s t a n c e  

t o   w i t :  

l o n g   d  i s t a n c e  

Copies  o f   t h e   documents  t o   be  forwarded  t o   t h e   s e p a r a t i o n   a u t h o r i t y   i n  
s u p p o r t   o f   t h i s   recomnendation  a r e   a t t a c h e d .   The  Commander  e x e r c i s i n g  
SPCM  j u r i s d i c t i o n   o r   a   h i g h e r   a u t h o r i t y   w i l l   d e c i d e   whether  you  w i l l   be 
d i s c h a r g e d   o r   r e t a i n e d   i n   t h e   A i r   F o r c e   and, 
i f   you  a r e   d i s c h a r g e d ,   how 
I f   you  a r e   d i s c h a r g e d ,   you  w i l l   be 
your  s e r v i c e   w i l l   be  c h a r a c t e r i z e d .  
i n e l i g i b l e   f o r   r e e n l i s t m e n t  

i n   t h e   A i r   Force. 

3.  You  have  t h e   r i g h t   t o   c o n s u l t   c o u n s e l .   M - i l i t a r y   l e g a l   counsel  has 
been  o b t a  i ned 
consu I  t  --- 

t  you. 
---------- a t   Bu i 1 d  i ng  -_LO_Q?----- on 
---Q~!?oo -.  You  may  c o n s u l  t  c  i v i  l  i a n   counsel  a t  

I  have  made  an  appointment  f o r   you  t o  

your  own  expense. 

UNITED STATES AIR FORCE 

SEPTEMBER  18,1947 

4 .   You  have  t h e   r i g h t   t o   s u b m i t   s t a t e m e n t s   i n   y o u r   own  b e h a l f .   Any 
s t a t e m e n t s   you  want  t h e   s e p a r a t i o n   a u t h o r i t y   t o   c o n s i d e r   must  r e a c h  me 
b y   -a-wk~-f$  u n l e s s   you  r e q u e s t   a n d   r e c e i v e   a n   e x t e n s i o n   f o r   good 
cause  shown. 

I   w i l l   send  t,hem  t q   t h e   s e p a r a t i o n   a u t h o r i t y .  

I f  you  f a i l   t o   c o n s u l t   c o u n s e l   o r   t o   s u b m i t   s t a t e m e n t s   i n  y o u r   own 

5 .  
b e h a l f ,   y o u r   f a i l u r e   w i l l   c o n s t i t u t e   a   w a i v e r   o f   y o u r   r i g h t   t o   d o   s o .  

6 .   You  have  been  s c h e d u l e d   f o r   a   m e d i c a l   e x a m i n a t i o n .   You  m u s t   r e p o r t  
t o   t h e   P h y s i c a l   Exa-m  U n i t ,   USAF  H o s p i t a l  ,  L o r  i n g   Q ~ Q ~ - - -  on 
$-~S'&U@ f o r   t h e   e x a m i n a t  i o n .  
- ---------- 

7 .   Any  p e r s o n a l  
P r i v a c y   A c t   a s   e x p l a i n e d   i n  AFR  39-10,  A t c h   6.  A   copy  o f   AFR  39-10 
a v a i l a b l e   f o r   y o u r   u s e   a t   42d  OMS  O r d e r l y   Room. 

i n f o r m a t i o n   you  s u b m i t   i n  r e b u t t a l  

i s  c o v e r e d   b y   t h e  

i s  

8.  E x e c u t e   t h e   a t t a c h e d   acknowledgement  and  r e t u r n   i t  t o   me 
i m n e d i a t e l y .  

3   A t c h s  

I .   A r t i c l e   15,  d a t e d  

30  Nov  87,  w / R e p o r t  
o f   I n v e s t i g a t i o n  
8245-G9. 

2a. 

2b. 

L e t t e r   o f   Repr imand, 
d t d   27  Feb  87,  w / l n c i d e n t  
R e p o r t   802-  177-87. 

. 

L t r ,   42  CSG/CD, 
acknowledged  2 9   Sep  87, 
w i t h   I n c i d e n t   R e p o r t  
809-830-67. 

3. 

A i r m a n ' s   R e c e i p t   o f  
L e t t e r   o f   N o t i f i c a t i o n .