AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I' 

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MEMBER SITTING 

HEARING DATE 

CASE NUMBER 

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. 

WEST, SUITE 40 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00151 

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 does not contest his discharge.  He wants an upgrade due to the fact that he is now a law 
abiding citizen of good character; is honest and cares for his community; and is a hard worker and loves and 
supports his family.  The records indicated the applicant received an Article  15, five Letters of Reprimand, 
five  Records  of  Individual  Counseling  and  one  Letter  of  Admonition  for  various  acts  of  misconduct  to 
include cheating on an assignment during formal training in Airman Leadership School; being late for work 
on several occasions;  dereliction of duty on several occasions;  and for failure to  follow instructions.  The 
DRB opined that through  these administrative actions, the applicant had  ample opportunities to change his 
negative behavior.  In addition, the Board reviewed the applicant's  medical records and noted that he  was 
evaluated by  a Medical Evaluation Board but was  subsequently returned to duty.  While the applicant was 
assigned duties outside of his AFSC, the applicant did not contend his medical condition adversely impacted 
either the quality of his service or his capability to serve.  The Board considered this issue independent of the 
applicant's  contentions, concluding his medical condition did not contribute to his misconduct, and finding 
this  issue  did  not  substantiate  an  inequity  or  impropriety.  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. 

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 A1C)  (HGH SrA) 

1.  MATTER UNDER M I E W :   Appl rec'd a GEN Disch fr Holloman AFB, NM on 11 Jul 02 
UP AFI 36-3208, para 5.50.1 (Pattern of Misconduct -  Discreditable Involvement 
With Military Authorities).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Dec 74.  Enlmt Age: 18 6/12.  Disch Age: 27 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-71,  E-53,  G-44,  M-52. PAFSC: 2A753 - Aircraft Structural 
Maintenance. DAS: 6 Sep 98. 

b.  Prior Sv: (1) AFRes 22 Jul 93 -  27 Jan 94 (6 months 9 days)(~nactive). 

(2) Enlisted as AB 28 Jan 94 for 4 yrs.  Extended 1 Mar 96 
for 8 months.  Svd: 3 yrs 7 months 5 days, all AMS.  A1C -  28 May 95.  SrA -  28 
Jan 97.  EPRs: 3, 4, 5. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 3 Sep 97 for 5 yrs. Svd: 4 Yrs 10 Mo 8 Das, all AMS. 

b.  Grade Status:  A1C -  28 Feb 02  (Article 15, 28 Feb 02) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 28 Feb 02, Holloman AFB, NM  -  Article 92.  You, who 

knew or should have known of your duties, on or about 5 
Feb 02 and 6 Feb 02, were derelict in the performance of 
those duties in that you negligently failed to properly 
maintain shelf life items, as it was your duty to do. 
Reduction to AlC, forfeiture of $150.00 pay per month 
for 2 months, and a reprimand.  (No appeal) (No 
mitigation) 

e.  Additional:'LOR/UIF, 13 SEP 01 -  Late for duty on three separate 

occasions. 

LOR, 20 AUG 01 -  Dereliction of duty. 
LOA, 05 JUL 01 -  Dereliction of duty. 
RIC, 20 JUN  01 -  Dereliction of duty. 
RIC, 30 MAY 01 -  Dereliction of duty. 
LOR, 07 DEC 00 -  Speeding. 
LOR, 21 AUG 00 -  Speeding. 
RIC, 13 OCT 99 -  Failure to follow instructions. 
RIC, 10 AUG 99 -  Late for work. 
LOR, 21 MAY 99 -  Cheating on an assignment during formal 

training of Airman Leadership School. 

RIC, 11 FEB 99 -  Late for work. 

f .  CM:  None. 

g.  Record of SV: 14 Jul 97 -  13 Jul 98  Yokota AB 

4  (Annual) 

14 Jul 98 -  13 Jul 99  Holloman AFB  2  (Annua1)REF 
14 Jul 99 -  13 Jul 00  Holloman AFB  3  (Annua1)REF 
14 Jul 00 -  13 Jul 01  Holloman AFB  3  (Annua1)REF 

h.  Awards &  Decs:  AFTR, NCOPMER, AFLSAR W/BOLC, AFOSLTR, NDSM W/BS, 

AFGCM, AFOUA W/2 BOLCS, AFAM. 

i.  Stmt of Sv:  TMS:  (8) Yrs  (11) Mos  (20) Das 

TAMS:  (5) Yrs  (8) Mos  (14) Das 

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

(Change Discharge to Honorable) 

Issue 1:  Person requesting upgrade and or change of discharge is a law 

abiding citizen of good character. 

Issue 2:  Person requesting upgrade and or change of discharge is honest and 

cares for his community. 

Issue 3:  Person requesting upgrade and or change of discharge is a hard 

worker, loves and supports his family. 

ATCH 
1. Character Reference. 
2. Record of Individual Counseling, 3 May 01. 
3. Certificate of Recognition. 
4. Fifteen Letters of Appreciation. 
5. Fifteen Certificates of Appreciation. 

JEPARTMENT  OF THE AIR  F O R d  

( 

HEADQUARTERS 49TH flGHTER WING  (ACC) 
HOLLOMAN AIR FORCE BASE,  NEW MEXICO 

F 0 2m-5--m/5[ 

HAY  2 9  :26M 

MEMORANDUM FOR A1 

FROM:  8 FS/CC 

SUBJECT:  Letter of Notification--Board Hearing 

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1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct, discreditable involvement with military authorities.  The authority for this action is 
AFI 36-3208, Section'H, paragraph 5.50.1.  If my recommendation is approved, your service will 
be characterized with either as honorable, as under honorable conditions (general) or as under 
other than honorable conditions (UOTHC) discharge.  I am recommending that you receive an 
under other than honorable conditions (UOTHC) discharge. 

2.  My reasons for this action are as follows: 

a.  You, did, at or near Holloman h r  Force Base, New Mexico, on or about 11 February 

1999, without authority, fail to go at.the  time prescribed to your appointed place of duty.  For 
your misconduct, you received a Letter of Counseling on 11 February 1999.  (Atch 1) 

b.  You, did, at or near Holloman Au Force Base, New Mexico, on or about 11 May 

1999, cheat on your assignment during at Airman Leadership School.  For your misconduct, you 
received a Letter of Reprimand on 2 1 May 1999.  (Atch 2) 

c.  You, did, at or near Holloman Air Force Base, New Mexico, on or about 9 August 
1999, without authority, fail to go at the time prescribed to your appointed place of d ~ ~ t y .  For 
your misconduct, you received a Letter of Counseling on 10 August 1999.  (Atch 3) 

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d. You were, at or near Holloman Air Force Base, New Mexico, on 

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1999, derelict in your duties, in that you failed to follow instructions fiom SS 
You were instructed to go out to aircraft 787 to work on the left and right inboard torque beams, 
and also the right upper platty area per T.O. 3-3.  You failed to do this.  For your misconduct, you 
received a Letter of Counseling on 13 October 1999. (Atch 4) 

e.  You, did, at or near Holloman Air Force Base, New Mexico, on or about 19 July 2000, 
unlawfully drive 35 mph in a 25 mph speed zone.  For your misconduct, you received a Letter of 
Reprimand on 2 1 August 2000.  (Atch 5) 

f.  You, did, at or near Holloman Air Force Base, New Mexico, on or about 5 December 

2000, unlawhlly drive 38 mph in a 30 mph speed zone.  For your misconduct, you received a 
Letter of Reprimand on 7 December 2000.  (Atch 6) 

g.  You were, at or near Holloman Air Force Base, New Mexico, on or about 29 May 

2001, derelict in the performance of your duties. You were assigned to escort approximately 20 
contractors and left your assigned duty to talk with your fiiends.  For your misconduct, you 
received a Letter of Counseling on 30 May 2001.  (Atch 7) 

h.  You were, at or near Holloman Air Force Base, New Mexico, on divers occasions 

during the month of June 2001, derelict in your duties in that you failed to meet T.O. 
specifications.  On 1 June 2001, your improper lay-up on a DLIR panel resulted in verbal 
counseling.  On 1 1 June 2001, you failed to properly install material on a doghouse panel - this 
resulted in a Letter of Counseling dated 1 1 June 2001. (Atch 8).  On 26 June 2001, two failed 
QVIs on left and right T-Ducts, did not meet T.O. specifications.  For your misconduct, you 
received a Letter of Admonishment on 5 July 200 1.  (Atch 9) 

i.  You were, at or near Holloman Air  Force Base, New Mexico, on or about 1 August 
to perform maintenance according to techcal 
at your assessment sheet aircraft 82-0787 had 14.5 
w hours.  The aircraft had in fact, closer to 35 hours. 

2001, derelict in your dutie 
data.  You reported to TSgt 
RAM hours and implied tha 
You failed to perfom maintenance according to technical data despite proper training and 
counseling.  Two days later, you left your duty location to take lunch without permission.  For 
your misconduct, you received a Letter of Reprimand on 20 August 2001.  (Atch 10) 

j.  You, did, at or near Holloman Air Force, New Mexico, on divers occasions between 8 

August 2001 and on or about 12 September 2001, without authority, fail to go at the time 
prescribed to your appointed place of duty.  For your misconduct, you received a Letter of 
Reprimand with a corresponding UIF action on 13 September 2001.  (Atch 11) 

k.  You, who h e w  or should have lrnown of your duties at or near Holloman Air Force 

Base, New Mexico, on or about 5 February 2002 and 6 February 2002, were derelict in the 
performance of those duties in that you negligently failed to properly maintain shelf life items, as 
it was your duty to do so.  For your misconduct, you received nonjudicial punishment with a 
corresponding UIF action on 28 February 2002.  (Atch 12) 

3.  This action could result in your separation with an under other than honorable conditions 
(UOTHC) discharge.  I am recommending that you receive an under other than honorable 
conditions (UOTHC) discharge. The commander exercising Special Court-Martial jurisdiction or 
a higher authority will make the 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 funds may be 
subjected to recoupment. 

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 on your own behalf in addition to, or 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. 

4.  You have the right to consult counsel.  Mil 
I have arranged an appointment for you to con 
s on  L!I  0  May 2002. 
Counsel, Building 222;Holloman  AFB, phone 
Instead of the appointed counsel, you may have another, if the lawyer 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. 

ained to assist you. 
Area Defense 

5.  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 also will 
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. 

6.  You have been scheduled for a medical examination.  You must report to Family Practice 
Clinic, Bldg 15, at  08 

May 2002 for the examination. 

hrs on 

7.  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 office of the Area Defense Counsel. 

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

9.  The discharge board or the discharge authority will make the findings and recommendations 
required under 10 U.S .C. 2005(g). 

10.  You must execute the attached acknowledgment and return it to me immediately.  The 
acknowledgment does not admit or deny any of the allegations against you, nor does it mean that 
you agree with the discharge action.  It is simply an acknowledgment that you have received this 
Letter of Notification. 

Lt Col, USAF 

Attachments: 
1.  Letter of Counseling, 1 1 February 1999 
2.  Letter of Reprimand, 2 1 May 1999 
3.  Letter of Counseling, 10 August 1999 
' 4.  Letter of Counseling, 13 October 1999 
5.  Letter of Reprimand, 2 1 August 2000 
6.  Letter of Reprimand, 7 December 2000 
7.  Letter of Counseling, 30 May 2001 
8.  Letter of Counseling, 20 June 2001 
9.  Letter of Admonishment, 5 July 2001 
10.  Letter of Reprimand, 20 August 2001 
1 1.  Letter of Reprimand w/LTIF, 13 September 2001 
12.  Arhcle 15 w/UIF, 28 February 2002