AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

IITIAL) 

PERSONAL APPEARAN 

1 I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR  REVIEW OF DISCHARGE 
3  -  LlZLXR OFNOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITIED AT TIMEOF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

I 

HEARING DATE 

21 Oct 2005 

CASE NUMBER 

case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout 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 78 150-4742 

FROM. 

SECRETARY OF ME 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 

iIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00156 

2ENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable  to  change  the  reason  and 
luthority for the discharge, and to change the reenlistment code. 

f i e  applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
:xercise this right. 

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

FINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
beenlistment code are denied. 

f i e  Board  finds that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates an 
nequity or impropriety that would justify a change of discharge. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
~pplicant received  six Letters of Reprimand for misconduct.  The misconduct included underage drinking, 
tllowing underage airmen to consume alcohol in his dorm room, insubordination, making a false statement, 
Failure  to  file  a  travel  voucher,  fraudulently  collecting  combat  pay,  assault,  destruction  of  government 
xoperty,  resisting  arrest,  failure  to  go  and  dereliction  of  duty.  The  DRB  opined  that  through  these 
administrative actions, the applicant had  ample opportunities to  change his negative behavior.  The Board 
2oncluded the misconduct was a significant departure from conduct expected of all military members.  The 
2haracterization 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. 

[n 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 SrA)  (HGH SrA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Mountain Home AFB, ID on 1 
Apr 04 UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge, and to Change 
the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Nov 80.  Enlmt Age: 19 7/12.  Disch Age: 23 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-57,  G-55,  M-56. PAFSC: 2A353A - F-15 Tactical Aircraft 
Maintenance Journeyman. DAS: 27 Apr 01. 

b.  Prior Sv:  (I) AFRes 24 Jun 00 - 25 Jul 00  (1 month 1 day)(Inactivef. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 26 Jul 00 for 6 yrs. Svd: 3 Yrs 8 Mo 7 Das, all AMS. 

b.  Grade Status:  SrA -  13 Jun 03 
A1C -  08 Sep 00 

c.  Time Lost:  None. 

d.  Art15's:  None. 

e.  Additional: LOR, 12 FEB 04 -  Failure to go and dereliction of duty. 

LOR, 23 DEC 03 -  Assault, destruction of government 

LOR, 24 JAN 03 -  Failure to file travel voucher and 

property, and resisting arrest. 

collecting deployment financial benefits 
falsely. 

LOR, 27 SEP 02 -  DUI. 
LOR, 17 JAN 02 -  Allowing underage Airmen to consume 

alcohol in his dorm room.  Insubordinate 
to the Security Police Superintendent, and 

LOR, 26 SEP 01 -  Consuming alcohol under age 21. 

f.  CM:  None. 

g.  Record of SV: 26 Jul 00 -  25 Mar 02  Mountain Home AFB  2  (InitialIREF 

26 Mar 02 -  21 Mar 03  Mountain Home AFB  3  (CROIREF 
22 Mar 03 -  27 Nov 03  Mountain Home AFB  3  (CRO) 

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

i.  Stmt of Sv:  TMS:  (3) Yrs  (9) Mos  (9) Das 
TAMS:  (3) Yrs  (8) Mos  (7) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm  293) dtd 11 Apr 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

Issue 1:  I am asking for an upgrade because I would like to reenter the Air 

Force.  I feel I was discharged at a critical moment.  I was expecting a child 
and needed to remain in the Air Force.  Instead, I was discharged without 
receiving an Article 15, reduction in rank, or being placed on probation.  My 
desire is to be in the Air Force as it was when I was discharged.  Issues and 
reasons of my discharge are unclear to me. 

Issue 2:  I feel my treatment was not equal upon the decision of my 

discharge.  Many airmen  (sic) have done worse than I have, and were allowed to 
remain in the Air Force even though their desire was to be discharged.  I still 
desire to be in the Air Force and ask that my request be considered serious. 

A T C H  
None. 

i 
( 
DEPARTMENT OF THE AIR FORCE 
366TH EQUIPMENT MAINTENANCE SQUADRON (ACC) 

1 

MOUNTAIN HOME AIR FORCE BASE.  IDAHO 

MEMORANDUM FOR S 

FROM:  366 EMSJCC 

SUB JECI':  Notification Memorandum 

1.  I am recommending your discharge h m  the United States Air Force for a Pattern of 
Misconduct, specifically, Conduct Prejudicial to Good Order and Discipline.  The authority for 
this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is 
approved, your service can be characterized as honorable, genkml, or under other than honorable 
conditions (UOTHC).  I am recommending your service be characterized as general. 

2.  My reasons for this action are: 

a.  Between, on, or about 17 Sep 03 and 02 Feb 04, you were derelict in the performance 

by failing to take the necessary steps to facilitate your PCS to Kadena AB, Japan.  As a result, 
you received a Letter of ~ e p & d  

(LOR), dated 12 Feb 04.  (Atch I). 

b.  On or about 06 NOY 03, you attempted to get into room 138 of dorm 2422 which led to 
being charged with assault, destruction of government property, and resisting arrest.  As a result, 
your received an LOR, dated 23 Dec 03.  (Atch 2) 

c.  Between summer 02 and on or about Dec 02, you were derelict in the performance of 

your duties by failing to file your travel voucher fiom your deployment.  You were collecting 
unauthorized deployment financial benefits.  As a result, you received a LOR, dated 24 Jan 03. 
(Atch 3). 

d.  In Nov 01, you received a DUI.  You did not inform anyone in your chain of 

command as it was your dutj. to do so.  As a result, you received a LOR, dated 27 Sep 02. (Atch 
4) - 

e.  On or about 11 Jan 02, you allowe 

you were insubordinate to arresting officers 
LOR, dated 17 Jan 02.  (Atch 5). 

2 1 drink in your room.  Also, 
As a result, you received a 

f.  On or about 08 Sep 01, you drank alcohol while under the age of 2 1. As a result, you 

received a LOR, dated 26 Sep 01.  (Atch 6). 

.  . 

recommendation are attached.  n e  commander exercising Special Court Martial Jurisdiction will 
decide whether you will be discharged or retained in the Air Force.  If  you are discharged, he will 
also determine how your service will be characterized.  Ifdischarged, you will be ineligible for 
reenlistment in the Air Force, and any special pay, bonus, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I made an appointment for you to consult with the Area Defense Counsel on 
/B m u '   2004 at- 
5675.  You may consult civilian counsel at your own expense. 

hours in building 512.  The telephone number is 828- 

( 

i 
DEPARTMENT OF THE AIR FORCE 
366TH EQUIPMENT MAINTENANCE SQUADRON (ACC) 

MOUNTAIN HOME AIR FORCE BASE, IDAHO 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays of the date of this 
memorandum unless you request and receive an extension for good cause shown.  I will forward 
them to the separation authority. 

6 .  If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 

- 

7.  You have been scheduled for a medical examination. You must report to the Physical 
Examination Section at the hospital on Mountain Home AFI3.  Your scheduled medical 
examinationison  17  h ~ w , H  
If you wear glasses, wear them to the scheduled examination. 

2004 at 0830  hours.  You must be in uniform. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available at the Area Defense Counsel's office or your squa&on orderly 
room. 

9.  You will surrender your ID card to me immediately. Proceed with a copy of this letter to the 
-- - Military Personnel Flight, (MPF), Customer Service, Building 5 12, Mountain Home AFB no later 
than  1 q MI%&& (15m)  2004 where you will be issued a temporary ID card valid for 90 
days.  If the discharge aztion i i  still pending at the end of 90 days, another temporary ID card will 
be issued to you until the case is finalized. 

" 

10.  A copy of this letter also authorizes you to proceed to the Security Forces, Pass and 
Registration Section, Building 7001, Visitor Control Center, no later than 
(J 500) 1  M  C/h  2004 where you will turn in your Mountain Home AFB vehicle 
sticker and your DoD vehicle decal.  They will issue a temporary permit good for 90 days.  If the 
discharge action is still pending at the end of 90 days, another temporary vehicle permit will be 
issued to you until the case is M i z e d .  

1 1.  Finally, proceed with a copy of this letter to the Traffic Management Office (TMO), in 
Building 5 12, immediately after receiving your separation orders fi-om the Separations Section at 
the MPF for arranging shipment of your household goods. 

6 Attachments: 
1.  LOR, dated 12 Feb 04 
2.  LOR, dated 23 Dec 03 
3.  LOR, dated 24 Jan 03 
4.  LOR, dated 27 Sep 02 
5.  LOR, dated 17 Jan 02 
6.  LOR, dated 26 Sep 01