N,\ML  OF SER\ ICE RIF,hlREH  (1.4ST. 'IHS'S  MII)I)LE  1NI.I 1/\1.) 

(;RjiDE 

AFSNISSAN 

AIR FORCE DISC'IIAKCE REVIEW BOARD HEARING RECORD 

I YPF. GEN 

APPEARANCE 

NAhlF OF COUNSEI  AND O H O R I ~ 4 N l Z A I  ION 

RECORD REVIEW  --" *. 

AN11 OH OHI~ANI7ATJON OF COIlNSEL 

1 

MEMBER SITTING 

- *   . 

1- 

H(, 

1 

- 

VOTB OF THE BOARD 

GLN  1 -;,.THC 

1 

ISSIIES  A93.09 

INDEX  NUMBLR 

A67.50 

-.. 

L-.-- 
EXIllBlTS SUBMITTED TO THE BOARD 

I 

I 

 

1

-

-- 

--I 

ORDER APPOM7MCi 'I'HE  BOARD 
APPLICATION  FOR REVIEW OF  DISCHARGE 

"." -- 

OF NOTIFICA1 ION 
BRIEF OF PEKSONNEL. F1I.E 
COUNSEL'S KELEASE TO THE BOARD 
ADDII-IONAI. EXHIBIT 
PERSONAL APPEAKANC'E 

SUBMITTEL) A'I- ' I ' I ~ I E  OF 

08 Dec 2005 
APPLICANT'S I S S ~  AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON 'I HE ATTACHED AIR FOR< b UISCHAXGE REVIEW ~ l ~ m  

FD-2005-00158 

DEC~SIONAL RATIONALE 

Case heard at Washington, D.C. 

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 

550 C STRkk 1  WEST, SlJl TF 40 
RANDOI.F'H  ATR T X  78150-4742 

S t (   RFrARY OFTHE AIR EOHC E PERSONNFI.COlINCI1 
AIR FORCE DISCHAHCF REVIEW  BOARD 
1535 COMMANL) LIR,  P F WING, 3RI) FLOOR 
ANDHEWS AFR. MI) 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

J'revious  edition will  be lised 

AIR FORCE DISCHARGE REVJEW BOARD DECISIONAL KA'rIONALE, 

CASF NllMBLK 

FD-2005-OU15R 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

The attached brief contains available perlirlent data on the applica~~t and the factors leading to the discharge. 

FINIIINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistnlent code are denied. 

The  Board  finds  that  neither  the  evidcncc  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  states the  reason  for  his  discharge  was  caused  by 
conflicts with  his supervisor  and  lack of judgrnen~ on  his part.  He fi~rther states that  he  has accomplished 
and  learned  much  in  the past  nine  years  and  wishes to  servc his  country  again.  The records  indicated  the 
applicant received two Article  15s for  hilure to  go.  Ilc also received  four  Letters  of Reprimand  and  two 
Letters 0l'Counseling for being later for work, late to a tralning session, failure to complete additional duties, 
hilure to  follow instructions  and a civil arrest for DUI.  ucgligent  use of a fircarm  and failure to maintain  a 
traffic  lane.  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 thc discharge received  by 
 he 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 adrninistrativc due process. 

In view of the foregoing findings the Hoard  further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be  cl~angcd. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Kirtland AFB, NM  on 7 Mar 96 
UP A F I   36-3208, para 5.50 (Pattern of Misconduct).  Appeals for Honorable 
Discharge, and to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Mar 67. Enlmt Age: 19 8/12.  Disch Age: 28 11/12. Educ: HS DTPL. 

AFQT: N/A.  A-76,  E-77,  '2-68,  M-90. PAFSC: 3P031 - Security Journeyman. 
DAS: 18 Dec 90. 

b.  Prior Sv: (1) AFRes 13 Dec 85 -  19 Mar 86  ( 3  months 7 days)(~nactive). 

22 days, all AMS.  SrA -  20 Jan 88.  Sgt -  1 Jan 89.  SSgt -  1 Jul 89.  APRs: 
9,9,9,9. 

( 2 )   Enlisted as A1C 20 Mas 86 for 4 yrs.  Svd: 3 yrs 9 months 

3 .   SERVICE UNDER  REVIEW: 

a.  Reenlisted as SSgt 12 Jan 90 for 4 yrs. Svd: 6 Yrs 1 Mo 23 Das, all 

AMS . 

b.  Grade Status:  A1C -  27 Dec 95 (Article 15, 27 Dec 95) 
SrA -  14 Dec 95 (Article 15, 14 Dec 95) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 27 Dec 95, Kirtland AFB,  NM  -  Article 86.  You did, on 

or about 19 Dec 95, without authority, fail to go at the 
time prescibed to your appointed place of duty. 
Reduction to AlC.  (No appeal)  (No mitigation) 

( 2 )   14 Dec 95,  Kirtland AFB, NM  -  Article 86.  You did, on 
or about 5 Dec 95, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Reduction to SrA. (No appeal)  (No mitigation) 

e,  Additional: LOR, 01 DEC 95 -  Civil arrest for DUI, Negligent Use of a 

Firearm, and failure to maintain a traffic 
lane. 

LOR, 17 NOV 95 -  Failure to go. 
LOR, 24 SEP 95 -  Failure to follow instructions. 
LOR, 04 APR 95 -  Failure to complete additional duties. 
LOCI 16 MAR 95 -  Late to a training session. 
LOCI 31 JAN 95 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: 29 Nov 89 -  07 Jul 90  Tyndall AFB  5  (CRO) 

08 Jul 90 -  07 Jul 91  Kirtland AFB  4  (Annual) 
08 Jul 91 -  07 Jul 92  Kirtland AFB  4  (Annual) 
08 Jul 92 -  07 Jul 93  Kirtland AFB  5  (Annual) 
08 Jul 93 -  07 Jul 94  Kirtland AFB  4  (Annual) 
08 Jun 94 -  01 Jun 95  Kirtland AFB  3  (CRO) 

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

DEV, AFGCM W/2 DEVS. 

i.  Stmt of Sv:  TMS: (10) Yrs  ( 2 )   Mos  (23) Das 
TAMS: (9) Yrs  (11) MOS  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Feb 05 

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

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 . DD Form 214 . 

APPLICATION  FOR THE REVIEW OF DISCHARGE OR DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

Iflease  read hstrucrions  on Pages 3 and 4 BEFORE completing lhk app1ication.l 

I 
The public  rcporkg buden fa th'h  colleclim of ir~lvrrniltion is estimated to averag:  30 nJndcs w r  rrs-, 
Uathcrins d mi*nainma mc data M e d .  and cmnirkms and r e v i w i w  the coUec6on of  i n f o r m k n   Sad c o m m s  r m a r d w  mis burden 
of i n f o & h ,  
1215 Jefferson  D&  Highway, Sub 1204. Arh'ngton.  VA  22202-4302.  Rc$pordents s b d d  be ow-  Uta notwithsm&ing  any  other prwisbn of law,  no pcrsun hall be subjnct  to any 
pn- 
PLEASE DO NOT RETURN Y W R   FORM  TO THE ABOVE ADDRESS.  RETURN COMPLETED FORM TO THE APPROPRlATE ADDRESS ON BACK OF  THIS PAGE. 

Indudirg the d n r  for rcvicwiae  bMirructiw  scarfhim c X k t b  dafa swrces. 
or  any dhn a s p a l  d t t k  collection 

of Dcfmsr. Washhgton Heedqmrrns %rvirrs;~ircc&rsre  fa Informadon Operations snd Reports 107W-0004). 

If it  does not d i s f l q  a cvmzrttly "did OM6 conud nnrmber. 

for  failing to comply with a cdlactim of infama& 

redwing the burden,  t o  iYepam;nt 

inclldhg;vggstiansfw 

I 

I 

Form Approved 
OMB NO, 0704-0004 

I  Expires Aug  31,2006 

1 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553; E.O. 9397. 
PRINCIPAL PURPOSEIS):  To apply for a change in the characterization or reason for military discharge issued t o  an individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  however.  failure t o  provide identifying information may impede processing of  this application.  The request for 
Social Security Number is strictly t o  assure proper identification of the individual and appropriate  records. 
1.  APPUCANT DATA  ffheperson whose d z a r g e  is to be reviewed].  P L E A S ~ N T  OR TVPE INFORMATION. 
a.  BRANMI OF SERVICE IX anel 
b.  NAME (Last, F&,  Madb ln&aII 

I  %  1 AIR  FORCE 

c.  GRADEIRAN* AT DISCHARGE 

1  COAST GUARD 

d.  SOCIAL SECURITY NUMBER 

ARMY  1 

MARINE CORPS 

NAVY 

I 

,I 

2.  DATE OF  DlSIX-IARGE  OR  SEPARATION 

IYWYMMDD) /If date 5 more than 15 yews 
ago, submit 8 DD Fbmr  7491 
19960307 

% 

4.  DISCHARGE CHARACTERIZATION  RECEIVED IX  one) 

E-3 

HONORABLE 
GENEMUUNDER HONORABLE CONDmONS 
UNDER OTHER THAN HONORABLE CONDlTlOMS 
.  . 
BAD CONDUCT (S~eciaI court-martiar mivl 
UNCHARACTERIZED 
OMER  [Explain) 

5.  BOARD ACTION  REQUESTED IX OM 
% 
- 

CHANGE TO HONORABLE 
CHANGE TO BENERALNNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHAWCTERIZED 
..  - -  ~  7 7   ~~ 
(Not awlkabk fw A t  ForceJ 
CHANGE NARRATIVE REASON FOR 
SEPARAIION T O  

3.  UNIT AND LOCATION AT DISCHARGE 

I  OR  SEPARATION 
377 SPS (AFMC)  KAFB, NM 
1 6.  ISSUES:  W H Y  A N  UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continuein Item  14.  See instructions on  I 
I ~h?:ga% 
I 
Security Police Officer IT1 f i r  the Department of Energy at SSania National Laboratories and hold a "Q" clearance.  J believe that  I 
I and learned much in the past nine years and wish to have the  opportunity to servc my courlhy again.  I am currently employed as a 

for my discharge was caused by conflicts with my supervisor and lack ofjodgmcot on my pint.  I have accomplished 

with my training and experience I could be a great asset to the New Mexico Air National Guard and my country. (cnnt.) 

I 

I 

I 

I 

7 .  IX Xapplicablel  AM APPLICATION WAS PREVIOUSLY  SUBMITTED  ON (WYYMMDDI 
1  AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES,  JUSTIFlCATION,  OR EVIDENCE. 
If miliary documents or medkal records are rt9evanf  to your  case, plwse send copies.) 

.8.  IN SUPPORT OF THIS APPUCATION,  THE FOLLOWING A n A C H E D  DOCUMENTS ARE SUBMITTED AS  EVIDENCE:  (Conttnue in Item  17. 

f 

9.  TYPE OF REVIEW REQUESTED IX  one) 
g 

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL ALE AND AMY AODrrlONAL DOCUMENTATION 
SUSMWED BY ME.  t ANDIOR (ComseUrepresmtative) WILL NOT AM-A  EEKIRE THE BOARD. 
I ANDlQR  IcomseYrepmentativeI WlSH TO APPEAR AT A HEARING AT NO UBENSE TO f HE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON. D.C.  METTW'OLTTAH AREA. 
1 AND/OR  Icwnsdrepesentativel  WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE CWERNMEM BEFORE A TRAWLING PANEL CLOSEST TO 
[NOTE:  E:e N a y  DisJlarge Review Boxd does nor have a trading pane/.) 
lenter city and state) 

[See Item 10 of  the hstructiom abut counsaVIepresentative.) 

11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If t h e  record in question  is that of a deceased or incompetent person,  LEGAL PROOF OF 

DEATH OR  WCOMPETENCY MUST ACCOMPANY THE APPUCATION.  ti ttm application is signed by other than the applicant,  indicate 
t h e  name Iprht) 
SPOUSE 

LEGAL REPRESENTATWE n OTHER f~pecifyl 

and relationship b y  marking a box below. 

NUCT OF KIN 

WlDOWER 

WIDOW 

12.a.  CURRENT MAILING ADDRESS  OF APPLICANT OR  PERSON ABOVE 

{Fornard notification of any change in address.} 

c.  GMAlL 

d.  FAX NUMBER llnclude Arm Codel 

C. 

nlester@sandia.gov 
d.  FAX NUMBER {Include Area  Code) 
I 

1 

13.  CERTIFICATION. 

I make the  foregoing statements,  as part o f  my claim,  with full knowledge of the 
penallies  involved for willfully  making a false statement or claim.  (U.S. Code,  Tit/@ 18, Sections 287 
and 1 0 0 7 ,  provide that an individual shall be fined under this title or  imprisoned nor  more than  5 yeafs. 
or both.) 

CASE NUMBER 

(Do nor write in this space.) 

licant or person in Item  1 1 above) 

b.  DATE SIGNED - REQUIRED 

{YYYYMMDD) 

PREVIOUS  EDITIONS  ARE OBSOLETE. 

Page  I of  4 Pages 

20050529 

a.  SIGMA  R  - 

ryLynly.Lay. 

DD FORM 293, AUG 2003 

14. CONTINUATION OF ITEM 6, ISSUES l/f appl~cablel 
My reason for wanting to be discharged from thc Air Force was a conflict with my supervisor and his rating me an overall "3" on 
an Evaluatron Performance Report.  My records reflect my accomplishments for the wting period to be much higher tlran a "3", and 
at the time X  thought I had exhausted all my options for rebuttal.  With the personal conflicts between my supervisor and myself I 
made an irrational choice to leave the Air Force.  1 now know that I should have tried harder to correct the problems between my 
supervisor and myself and tried other avenues to have my evaluation reviewed and corrected.  I really enjoyed my 10 years of 
service and feel that I was a great asset to my country and the Unitcd States Air Force. 

I request my discharge and reentry code be upgraded, to allow entry into the New Mexico Air National Guard. 

Thank you for your concideration. 

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

16. REMARKS (If apphcable) 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

A m y  Review  Boards Agency 
Support Division, St.  Louis 
9700 Page Avenue 
St.  Louis, MO  63132-5200 
[See http://arba.army.pentagon.rnil) 

AIR FORCE 

Air Force Review  Boards Agency 
SAFIMRBR 
550-C Street West,  Suite 40 
Randolph AFB.  TX  781 504742 

NAVY AND MARINE CORPS 

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

COASTGUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
2 100 Second Street,  S.W.  Room 5500 
Washington,  DC  20593 

DD FORM  293, AUG 2003 

Page 2 of 4 Pages 

I3EPARTMENT OF THE AJR FORCE 
377th Security Police Squadron (AFMC) 

2 Jan 96 

FROM:  377 SPSICC 

SUBJECT:  Notification Letter -- Board Hearing 

I am recommending your discharge from the United States Air Force for a pattern of 

misconduct.  The authority for this action is  AFT  36-3208, paragraph 5.50.  Copies of the 
documents to be forwarded to the separation authority to support this recommendation are 
attached. 

My reasons for this action are: 

' 

a.  On or about 3 1 Jan 95, you failed to go at the time prescribed to your appointed place 

of duty.  As a result, you received a Letter of Counseling, dated 3 1 Jan 95. 

b. On or about 16 Mar 95, you failed to go at the time prescribed to your appointed place 

of duty.  As a result, you received a Letter of Counseling, dated 16 Mar 95. 

c.  During your approximate two and one half year tentwe as "C"  Flight Vehicle IVCO, 
you failed to ensure that numerous personnel within the flight had proper credentials to operate 
government vehicles on Kirtland Air Force Base.  As a result, you received a Letter of 
Reprimand, dated 4 Apr 95. 

d.  On or about 18 Sep 95, you were notified to appear before the NCO of the month 

board, to be held on or about 2 1 Sep 95.  At this time, you did not mentioned to your supervisor 
your upcoming leave schedule.  Subsequently you went on leave and missed the board interview. 
As a result, you received a Letter of Reprimand, dated 24 Sep 95. 

e.  On or about 17 Nov 95, you failed to go at the time prescribed to your appointed place 

of duty.  As a result you received a Letter of Reprimand, dated 17 Nov 95. 

f.  On or about 26 Nov 95, you were arrested by the Bernalillo County Sheriffs Office 
for Driving While Under the Influence of Alcohol, Negligent Use of a Firearm, and Failure to 
Maintain a Traffic Lane.  As a rcsu.lt, you lost your installation driving privileges for 1 year, 
received a Letter of Reprimand, dated 1 Dec 95, and Unfavorable Information File was initiated. 

g.  On or about 5 Dec 95, you failed to go at the time prescribed to your appointed place 

of duty.  As a result, you were given an Atticle  15 with a reduction in Grade to SrA (E-4), 
effective 14 Dec 95. 

h.  On or about  19 Dec 95, you failed to go at the time prescribed to your appointed place 

of duty.  As a result, you were given an Article 15 with a reduction in Grade to A1 C (E-3), 
effective 27 Dec 95. 

This action could result in'your separation with an Under Other Than Honorable Conditions 
discharge, whkh is what I am recommending.  The commander exercising General Courts- 
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. 

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, or in lieu of, the board hearing. 

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

waive any of your rights. 

w e

 

You 

4t 

section of the Kirtland Air Force Base Hospital, at  0745  hts on  20  Dee- 95 

scheduled for a medical examination. 4&qxxbbthe  Physical Exams 

Military legal counsel Captain w b l d g  20140, ext 6-5553 has been obtained to assist 

you.  An appointment has been scheduled for you to consult him on 
Instead of the appointed counsel, you may have another, if the lawyer you request is in the 
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. 

Jan  Bh  0800 

hrs . 

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. 

Any personal information you f~unish in rebuttal is covered by the Privacy Act of 1974. 

A copy of AFI 36-3208, is available for your use in the Unit Orderly Room. 

If you request a board and you fail to appear without good cause, your fiilnre to appear 

constitutes a waiver of your rights to be present at the hearing. 

The discharge board, or the discharge authority, will make the finding and 

recommendations required under 10 U.S.C. 2005(g). 

Execute the attached acknowledgment and return it to me immediately. 

Commander 

Attachments: 
1.  LOC, dated31 Jan95 
2.  LOC, dated 16 Mar 95 
3.  LOR, dated 4 Apr 95 
4.  LOR, dated 24 Sep 95 
5.  LOR, dated 17 Nov 95 
6.  LOR, dated 1 Dec 95 
7.  Revocation of Base Driving Privileges, dated 1 Dec 95 
8.  UIF, dated 1 Dec 95 
9.  Article 15, dated 1 1 Dec 95 
10. Article 15, dated 26 Dec 95