AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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NAME OF COUNSEL AND OR ORGANIZATION 

THE AMERICAN LEGION 

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RECORDREVIEW 

MEMBER SITTING 

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VOTE OF THE BOARD 

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EXHIBITS SUBMfTTED TO THE BOARD 

I  ORDER APPOINTING  THE BOARD 

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1  2  1  APPLICATION  FOR  REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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I  ISSUES 

A92.22 

INDLX  Nulrmoc.., 

A6 1.10 

1  HEARING DATE 
1  13 Oct 2005 

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1  CASENUMBER 
I  FD-2005-00144 

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APPLICANT'S ISSUE AND THE BOARD'S DEClSlONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board 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. 

SAFIMRBR 
550 C STREET WEST, SUITE 4 0  
RANDOLPH  AFB, TX 78 150-4742 

SECRETARY OF THE AIR  FOR 
AIR  FORCE DISCHARGE REV1 
1535 COMMAND DR.  EE WING 
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-2005-00144 

GENERAL:  The  applicant appeals for  upgrade  of discharge to  honorable  and  to  change the reenlistment 
code. 

The applicant  appeared  and testified  before the Discharge Review Board  (DRB), with  counse  at  Andrews 
AFB  on  13 Oct 20 
wife), 
and retired CMSg#(former  military supervisor and current civilian supervisor). 

. The following witness also testified  on the applicant's  behalf:  Capt &(his 

The following additional exhibits were submitted at the hearing: 

Exhibit 5: Applicant's  Contentions 
Exhibit 6: American Legion Statement and nine Character Reference Letters 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The discharge is upgraded to honorable.  Change of reenlistment code is denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety that  would justify  a change of discharge.  However,  the Board  finds relief  is warranted  based 
upon consideration of the applicant's  service record and the additional evidence presented by the applicant. 

ISSUE:  Applicant  contends that his youth and immaturity contributed to and extenuated his misconduct and 
that  his  post-service  conduct  has  been  sufficiently  creditable  to  warrant  the  requested  relief.  The  DRB 
agreed that the applicant's  immaturity contributed to  his misconduct  and was corroborated not  only by his 
performance  reports  but  also  through  his  own  testimony  and  the  testimony  of  his  witnesses.  The Board 
concluded  that the applicant's  immaturity,  as well as marital  and personal  problems  impaired  his  ability to 
serve and that his lengthy post-service reflected maturity and extremely good citizenship. 

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.  However, in view of 
the  foregoing  findings, the Board  further concludes  that  the  overall  quality  of  applicant's  service is more 
accurately  reflected  by  an  Honorable  discharge.  The  applicant's  characterization  should  be  changed  to 
honorable under the provisions of Title 10, USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS APB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Andrews AFB, MD on 18 Jun 99 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for an Honorable Discharge and to Change the RE Code. 

2.  BACKGROUND: 

a. DOB: 5 Aug 75.  Enlmt Age: 18 4/12.  Disch Age: 23 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-93,  E-44,  G-66,  M-20. PAFSC: 4T051 - Medical Laboratory 
Journeyman. DAS: 5 Oct 95. 

b.  Prior Sv: (1) AFRes 29 Dec 93 -  16 Jun 94 (5 months 18 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 17 Jun 94 for 6 yrs. Svd: 5 Yrs 0 Mo 2 Das, all AMS. 

b.  Grade Status:  A1C -  29 Jan 99  (Article 15, 29 Jan 99) 

SrA -  02 Dec 96 
A1C -  02 A u ~  94 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 29 Jan 99, Andrews AFB, MD  -  Article 91.  You, on or 

isrespectful in language toward 
then known by you to be a 

n in the execution of his office, 

by saying to him, I1...all you NCO1s are no good ...g row a 
spine and use your stripes ...y ou spineless bastard...", or 
words to that effect.  Reduction to AlC, and 14 days 
extra duty. (No appeal)  (No mitigation) 

(2) 25 Jun 97, Andrews AFB, MD  -  Article 86.  You did, on 

or about 18 Jun 97, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Suspended reduction to AlC.  Fourteen 
(No appeal) 

extra duty. 

e.  Additional: LOR, 20 MAY 99 -  Insubordinate conduct to an NCO. 

LOR, 20 MAY 99 -  Failure to obey a lawful order and total 

disrespect to authority. 

LOCI 18 AUG 98 -  Insubordinate conduct to an NCO. 
LOR, 22 DEC 97 -  Dereliction of duty. 
LOR, UNDATED -  Cited by Base Law Enforcement for underage 

drinking. 

f.  CM:  None. 

g.  Record of SV: 17 Jun 94 -  15 Jan 96  Andrews AFB  4  (HAF Dir) 
16 Jan 96 -  15 Mar 97  Andrews AFB  3  (Annual) 
16 Mar 97 -  15 Mar 98  Andrews AFB  3  (Annual) 

h.  Awards &  Decs:  AFLSAR, AFTR, AFOUA W/1 DEV, AFGCM. 

i.  Stmt of Sv:  TMS: (5) Yrs  (5) Mos  (21) Das 

TAMS:  (5) Yrs  (0) Mos  (2) Das 

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

(Change Discharge to Honorable and Change the RE Code) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Nine Character References. 

0  7  APR  2005 

I 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

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

fl&(,$c ~ i - 5 -  m/w 

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f 

I  DMB  NO.  07040LX*I 

form Approved 

Expires Aug 31, 2006 

The  public reporting burden for this collection of  information is estimated to  averaga  30 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 the Department of Defense,  Executive Swvices and Communications Directorate (0704-0004). Respondents should be aware 
that notwithstanding any other  provision of  law,  no  person shall be subject to any penalty for  failing to wmply with  a  collection of  infomarim if it does not  display a currently valid OMB 
conwol  number.  PLEASE  DO NOT  RETURN YOUR  FORM TO  THE ABOVE ORGANIZATION.  REllJRN COMFl-ETED  FORM TO THE APPROPRIATE ADDRESS ON 
BACK OF M I S  PAGE. 

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

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PRIVACY ACT STATEMENT 

PRINCIPAL PURPOSE(S):  To apply for a change in the characterization or reason for  military discharge issued to an individual. 

a.  BRANCH OF SERVICE (X one) 

MARINE CORPS 

COAST GUARD 

his application.  The request for 

IYYYYMMDD} /If  date is  more  than  15 years 
ago,  submit a DD Form  1491 

HONORABLE 

3.  UNIT AND LOCATION AT DISCHARGE 

I  OR  SEPARATION 
89 Med Dia & Ther Sq, Andrews AFB 
1 6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR M E  REQUEST (Continue in hem  14.  See instrucfions on  1 
1  I s e $ e s t i n g   that my discharge fiom the United States Air Force, General (Under Honorable Conditions), be changedfupgraded 

BAD CONDUCT (Special court-martial on&) 
UNCHARACTERUED 
OTHER (Explan) 

/Not a~0ticable for Air Force) 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

to Honorable with reclassification of Reentry Code fiom 2B to  1 J. The reason for my discharge was based upon my misconduct. I 
failed to go take my CDC test after working an evening shift and showed disrespect to my NCOIC, each incident resulting in an 
Article 15. In the first incident. I was scheduled to take one of mv 5-level CDC tests after workin? an evening shift (1500-2300). I 

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7. (X i f  applicable) AN APPLICATION WAS PREVIOUSLY SUBMITED ON (WYYMMDD) 

AND M I S  FORM IS SUBMllTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION,  OR  EVIDENCE. 

8.  IN SUPPORT OF M I S  APPLICATION.  M E  FOLLOWING AmACHED DOCUMENTS ARE SUBMITED AS EVIDENCE: (Continue in hem  17. 

If military documents or  medical records are relevant to your  case, please send copies.) 

1 copy of DD Form 21 4 and 9 letters of recommendation 

9.  TYPE OF REVIEW REQUESTED (X one) 
K 

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITED BY ME.  I AND/OR (counse1/representative) WILL NOT APPEAA  BEFORE THE BOARD. 
I AND/OR  Icwnse//repreentativeJ WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON. D.C.  METROPOLITAN AR€A. 
I ANDIOR  /counseI/representatrvel WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
(NOTE  The Navy Discharge Review Bwrd does not have a traveling panel.) 
(enter city and state) 

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1 O.a.  COUNSELIREPRESENTATIVE (If any) NAME (Last. First, Middle Initial) AND ADDRESS  1  b.  TELEPHONE NUMBER llnclude Area Code) 

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. 

(See hem 10 of  the insrmctions about cwnsel/lepresentative.) 

I 

e.  E-MAIL 

d.  FAX NUMBER (Include Area Codd 

SIGN IN ITEM  13.a.  BELOW.  If the record in 
PETENCY MUST ACCOMPANY THE APPLICA 

t person, LEGAL PROOF OF 
an the applicant,  indicate 

CASE NUMBER 

(Do not write in this space.) 

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14. CONTINUATTON OF ITEM 6, ISSUES (If applicable) 
failed to wake up on time and missed my appointment. In the second incident, I was asking for a day off due to TMO moving my 
pregnant wife (placed on bed-rest due to complications) and myself into base housing. My NCOIC stated that my wife was there 
and could handle the move. When I reminded him that she was on bed-rest, he stated that she could move fiom the bed to the couch 
when the movers took the bed to the truck. To this statement, I re-acted and made a statement disrespecting him and his authority. I 
will be the first to admit that I am without faults. I take full responsibility for my actions, and pray that they did not bring any iU 
feeling onto the Air Force. At the time of both of these incidents, I was young and immature. Since my discharge, I have grown and 
matured. I am now father to three children, of which I try every day to be a good role model to. I have always supported the armed 
force's mission and its members'  service to this nation. I continue in this support daily by my role as a husband to my wife and her 
active duty career, and by my role as a brother to my siblings serving in the Marine Corps and Navy. Please accept my apologies for 
my past misconducts, and upgrade my General discharge (Under Honorable Conditions) to Honorable. 

. , 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

1 

ARMY 

Army Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St.  Louis, MO  631 32-5200 
(See http://arba.army.pentagon.mil) 

AIR  FORCE 

Air  Force Review Boards Agency 
SAFIMRBR 
550-C Street West,  Suite 4 0  
Randolph AFB,  TX 781 50-4742 

N A W  AND MARINE CORPS 

'- 

Naval Council of. Personnel Boards 
720 Kennon Street, S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-5023 

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COASTGUARD 

U.S. Coast Guard 
Commandant (G-WPM) 
2100 Second Street, S.W.  Room 5500 
Washington,  DC  20593 

L 
DD FORM 293.  MAR 2004 

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Page 2 of 4 Pages 

( 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 89TH AIRLIFT WING (AMC) 

MEMORANDUM FOR A 1 

9 MDTS 

FROM:  89 MDTSICC 

Andrews AFB MD 20762 

SUBJECT:  Notification Memorandum - Administrative Discharge 

1.  I am recommending your discharge from the United States Air Force for Misconduct, 
specifically 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 general (under honorable conditions). 

2.  My reasons for this action are: 

a. You did, at or near Andrews Air Force Base, Maryland, on or about 19 Jun 96, 

wrongfully consume alcoholic beverages while under the age of 21, in violation of Maryland 
State Law, to wit:  Maryland Code Section 400A, which prohibits the possession or consumption 
of alcoholic beverages by persons under 2 1 years of age.  As a result, you received a letter of 
reprimand, not dated (attachment 1). 

b.  You did, at or near Andrews Air Force Base, Maryland, on or about 18 Jun 97, fail to 

go to your appointed place of duty at the time prescribed.  As a result, you received an Article  15, 
25 Jun 97 (attachment 2). 

c.  You were, at or near Andrews Air Force Base, Maryland, on or about 7 Nov 97, 

derelict in the performance of your duties by intentionally entering information on another user's 
computer to change their computer's banner to read:  "I  am a proud gay husband" and "I  am gay 
and proud of it."  As a result, you received a letter of reprimand, 22 Dec 97 (attachment 3). 

d.  You did, at or near Andrews Air Force Base, Maryland, on or about 18 Aug 98, 

display insubordinate conduct to a noncommissioned officer.  As a result, you received a letter of 
counseling,  18 Aug 98 (attachment 4). 

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e.  You did, at or near Andrews Air Force Base, Maryland, on or about 11 Jan 99, use 

en known by you to be a 
disrespectful language toward Staff Serg 
him, ". . .all you NCO 's are no 
superior, who was then in the execution o 
good.. .grow a spine and use your stripes.. .you spineless bastard.. .",  or words to that effect.  As 
a result, you received an Article  15,29 Jan 99 (attachment 5). 

AMC-Global  Reach For America 

f.  You did, at or near Andrews Air Force Base, Maryland, on or about  14 May 99, 

display insubordinate conduct to a noncommissioned  officer.  As a result, you received a letter of 
reprimand, 20 May 99 (attachment 6). 

g.  You did, at or near Andrews Air Force Base, Maryland, on or about  17 May 99, 

display insubordinate conduct to a commissioned officer.  As a result, you received a letter of 
reprimand, 20 May 99 (attachment 7). 

3.  I have attached copies of the documents to be forwarded to the separation authority in support 
of this recommendation.  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 any component of the Armed Forces, and any special pay, bonuses, or 
education assistance funds may be subject to recoupment. 

4.  You have the right to military counsel. I have made an appointment for you with the Area 
Defense Counsel.  Report to 1430 Arnold Avenue at 1 l00,4 Jun 99.  Instead of the appointed 
counsel, you may have another, if the attorney you request is in the active military service and is 
reasonably available as determined according to AFI 5 1-201.  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. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me no later than three duty days from today, unless 
you request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

6.  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. 

7.  You will receive a physical examination. The reporting time will be 0730 hours on 7 Jun 99. 
You will follow the instructions listed below prior to the date of your examination. 

a.  Do not drink alcohol for 72 hours prior to the exam. 

b.  Fast for 12 hours prior to the exam. 

c.  Do not perform any type of aerobics, jogging or any other strenuous exercise for 24 

hours prior to the exam. 

d.  Do not wear contact lenses; bring glasses if you wear them. 

e.  Bring your medical records with you. 

f.  Be in your duty uniform for both parts of your physical examination. 

g.  Bring a blue or black pen to write with. 

8.  Your initial appointment is for the completion of laboratory tests and the preliminary portion 

d part of your exam will be at 1500 hours on 7 Jun 99 at Internal 
This will allow the physician to review the results of your 
d discuss their significance with you. 

9.  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 at the Publications Library. 

Section Cornmihder, 
89th Medical Diagnostics and Therapeutics Squadron 

Attachments: 
1.  LOR, not dated 
2.  Article 15,25 Jun 97 
3.  LOR, 22 Dec 97 
4.  LOC, 18 Aug 98 
5.  Article 15, 29 Jan 99 
6.  LOR, 20 May 99 
7.  LOR, 20 May 99