AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

ISSUES  A93.01 
A93.09 

MDEX NUMBER 

A67. 

H E A M G  DATE 
18 Oct 2005 

CASE NUMBER 

FD-2005-00184 

Case heard at Washington, D.C. 

I 

1 
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ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 

PERSONAL APPEARANCE 

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. 

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

SECRETARY OF THE 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 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00184 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review-Board  (DRB),  without  counsel,  at 
Andrews AFB on 15 Sept 2005. 

The following additional exhibits were submitted at the hearing: 

Exhibit # 5: Applicant's  Contentions 
Exhibit # 6: Baltimore Police Department Test Letter 

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

FINDINGS:  The Board grants partial relief.  Upgrade of discharge to  Honorable is approved.  Change of 
reason and authority for discharge, and change of reenlistment code are 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,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's characterization inequitable. 

ISSUE:  Applicant  does  not  contest his  discharge.  He  states that  he  would  like to  continue his  military 
career.  He also stated that he felt as though he was not fairly treated as an airman.  The records indicated the 
applicant received five Letters of Reprimand and two Letters of Counseling for various acts of misconduct to 
include failure to  go  on  three occasions, dereliction of  duty  on  10 occasions, and  for  consuming alcohol 
under  the legal  age.  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.  However, due to  the fact that these infractions 
were indeed very minor and the fact that the applicant was in a joint  environment, some of his actions and 
mannerisms could have been mistaken for dereliction of duty.  The Board gives the benefit of the doubt to 
the applicant and upgrades the discharge to Honorable.  The reason and authority for the discharge and the 
RE  Code will  not  be  changed.  During the hearing, the  applicant brought up three additional issues:  He 
stated that the MTL's  handled the biomedical people different than other individuals in different AFSC's; 
and that they were bias toward all the airman in the bio-medical field; and when paperwork was written on 
individuals, only half of the truth was written up.  These three issues are without merit.  There is nothing in 
the record to indicate such and that this was just  the applicant's personal opinion. 

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 under the provisions of Title 10, 
USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former A1C)  (HGH A1C) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Sheppard AFB, TX on 22 Apr 05 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary ~nfractions). Appeals 
for Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 2 Sep 85.  Enlmt Age: 18 5/12.  Disch Age: 19 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-84,  E-70,  G-90,  M-64. PAFSC: 4A211 -  Biomedical Equipment 
Helper. DAS: 17 May 04. 

b.  Prior Sv: (1) AFRes 13 Feb 04 -  15 Mar 04 (1 month 3 days) (Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB  16 Mar 04 for 6 yrs. Svd: 1 Yrs 1 Mo 7 Das, all AMS. 

b.  Grade Status:  A1C -  22 Mar 04 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.- Additional: LOR/UIF, 23 MAR 05 -  Failure to go. 

LOR/UIF, 12 JAN 05 -  Dereliction of duty on two occasions 

LOR/UIF, 09 DEC 04 -  Dereliction of duty. 
LOR/UIF, 05 OCT 04 -  ~ereliction of duty on four separate 

and failure to go. 

occasions. 

LOC/UIF, 09 SEP 04 -  Failure to go. 
LOC, 01 SEP 04 -  Dereliction of duty on two occasions. 
LOC, 19 AUG 04 -  Dereliction of duty. 
LOR/UIF, 23 JUL 04 -  Consuming alcohol under the legal age. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs :  AFTR, NDSM, GWOTSM. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (2) Mos  (10) Das 

TAMS:  (1) Yrs  (1) MOS  (7) Das 

4 .   B A S I S   ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 2 May 05 

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

for Discharge) 

Issue 1:  I would like for an upgrade and change in my re-enlistment code so 

I may continue my military career.  I understand I can't continue with the Air 
Force but that should not prevent me from serving my country.  I am proud to 
have began serving my country and would like to continue.  I had a few minor 
administrative reprimands but I don't see that as a true reason not to be able 
to serve. 

I feel as though I was not fairly treated as an Airman.  I successfully 
completed basic military training and served over year in the Air Force learning 
one of the more critical needed jobs for the Air Force.  With the time I served 
and commitment I gave to the Air Force I feel with an upgrade I will be able to 
join another branch of the military and serve my country.  Thank you for your 
time and consideration in this matter.  I look forward to a positive outcome in 
this matter. 

ATCH 
1. DD Forms 214 (Member 1 &  4). 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

F D - S - ~ ~ I S ~  

FROM:  382 TRSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for minor disciplinary 
infiactions.  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 honorable or under 
honorable conditions (general).  I am recommending that your service be characterized as under 
honorable conditions (general). 

2.  My.reasons for this action are: 

a.  You did, at or near Sheppard AFB TX, on or about 3 Mar 05, without authority, fail to go 
at the time prescribed to your appointed place of duty, to wit:  mandatory appointment.  For this 
misconduct, you received a Letter of Reprimand (LOR) on 23 Mar 05 and an entry in your 
Unfavorable Information File (LTIF) on 28 Mar 05. 

b.  You, who knew or should have known of your duties at or near ~heppard AFB TX, on or 
about 1 1 Jan 05, were derelict in the performance of those duties in that you left your dormitory 
room unlocked and your cell phone unsecured while no one was in the room, as it was your duty 
not to do.  For this misconduct subparagraphs "c"  and "d"  below, you received an LOR on 12 
Jan 05 and an entry in your UIF on 22 Mar 05. 

c.  You did, at or  near Sheppard AFB TX, on or about 10 Jan 05, without authority, fail to go 

at the time prescribed to your appointed place of duty, to wit:  Physical Readiness Training 
(PRT) at 1730. 

d.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 

about 7 Jan 05, were derelict in the performance of those duties in that you failed to adhere to 
call to quarters at 2200, while in Phase I, and engaged in horseplay with other Airmen, as it was 
your duty not to do. 

e.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
about 8 Dec 04, were derelict in the performance of those duties in that you failed to keep your 
dormitory room locked while you were not in the room, and in inspection order at all times, as it 
was your duty not to do.  For this misconduct, you received an LOR on 9 Dec 04 and an entry in 
your UIF on 22 Mar 05. 

f.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
out 5 Oct 04, were derelict in the performance of those duties in that you failed to keep your 
ormitory room in inspection order at all times, as it was your duty to do.  For this misconduct 

subparagraphs "g"  "h" and "in below, you received an LOR on 5 Oct 04 and an entry in your 
on 2 1 Oct 04. 

g.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
about 24 Sep 04, were derelict in the performance of those duties by behaving unprofessionally 
while performing road guard duties by building 1900, in that you harassed flights, failed to carry 
a flashlight during the hours of darkness, refused to give AETC Forms 341, 
Excellence/9iscrep~cy Report, stood with your hands in y o u  pockets, told Airmen Leaders 
how to do their job and rolled your eyes to a non-commissioned officer, as it was your duty not 
to do. 

h.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 

about 24 Sep 04, were derelict in the performance of those duties in that you failed to march 
during duty hours, while in uniform, as it was your duty not to do. 

i. You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 

about 23 Sep 04, were derelict in the performance of those duties 
fiom using improper reporting procedures, when reporting to SSgt 
do. 

you failed to refrain 
as it was your duty to 

I 

j.  You did, at or near Sheppard AFB TX, on or about 2 Sep 04, without authority, fail to go at 
the time prescribed to your appointed place of duty, to wit:  mandatory Charge of Quarters (CQ) 
briefing at 2000 hours.  For this misconduct, you received a Letter of Counseling (LOC) on 9 
Sep 04. 

k.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
failed to refi-ain from 
as it was your duty to 

about 1 Sep 04, were derelict in the performance of those dut 
using improper reporting procedures, when reporting to SSgt 
do.  For this misconduct and subparagraph "1" below, you received an LOC on 1 Sep 04. 

1.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 
about 25 Aug 04, were derelict in the performance of those duties in that you failed to keep your 
room in inspection order at all times and not leave your window unlocked while you are not in 
the room, as it was your duty to do. 

m.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 

about 16 Aug 04, were derelict in the performance of those duties in that you failed to refiain 
from giving an improperly filled out AETC Form 341 to a military training leader, as it was your 
duty to do.  For this misconduct, you received an LOC on 19 Aug 04. 

n.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on or 

about 10 Jul04, were derelict in the performance of those duties in that you willfblly failed to 
refrain fiom consuming alcoholic beverages while under the legal drinking age of 2 1, as it was 

ur duty to do.  For this misconduct, you received an LOR on 23 Jul04 and a UIF was 
tablished on 29 Jul04. 

Copies of the documents to be forwarded to the separation authority I support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the Air Force and, if you are discharged 
how your senice will be characterized.  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. 

3.  You have the right to consult counsel.  Milit 
I have made an appointment for you to consult 
Y a , Q c a t   mmQ 
.Youmayco 

' 

el has been obtained to assist you. 

at building 1638 on 
1 at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by %as 
receive an extension for good cause shown.  I will sen  them to the separation authority. 

unless you request and 

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to the 82d Medical 
Group, Bldg 1200, Physical Examinations, at  _L 30 0 

on 2% hGr &! . 

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 Commander's Support Staff Office. 

8.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  LOR, 23 Mar 05 

4.  LOR, 12 Jan 05 
5.  AF Fm 1058,22 Mar 05 
6.  LOR, 9 Dec 04 
7.  Response to LORAJIF, 8 Feb 05 
8.  LOR, 5 Oct 04 
9.  AF Fm 1058,21 Oct 04