N A M E  OF SERVIC'I.: hlEhlBER (LAST, FIRST fVIlDJ31.1:  11\11 11 41.) 

GRADE 

A FSNISSI~N 

AIR FORCE I)ISCHARGE  REVIEW BOARD 1IE:AHINC; RECORD 

TYPE GEN-.  I 

PERSONAL APPEA I ~ A N C E  

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N 4 M E  OF COUNSEL AND OR ORGANUA I  lOh 

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NIEM HER SITTING 

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ADDRESS AND OH ORGANUA'TION OF COUNSEL 

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VOTE OF TIIE BOARD 

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EXHIRlTis f@BMIZTED T O  THE BOARD 

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OKL)CK APPOINTING TI 11:  BOARD 
APPl  ICATION  FOR  RFVIEW O F  I11S(:IlAK(iI- 
1  FTTFR OF NOTlFlCATlON 
BRIEF OF PERSONNEL FlL F 
I'OIJNSEI  'S RELEASF  TO THF HOAR11 
A D D I T ~ ~ ~ ; ~ ; ~ ; L .  
PFRSONAI  APPEARANCE 

EXHIBITS SURMl I TFI1 AT T I M t  O E  

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1 APF RFCORDIN(i O F  IitRSONA12 AIiPI.NL4NC  C 

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IIFARlNG  DATE 

08 Dec 2005 

1  Case heart1 at Washington, D.C. 

Advise applicant of'the decision of lhe.Board, the right to a personal appearance with/without counsel, and the right to 
submit an application to the AFBCMR 

To' 

SAWMRBR 
550 1:  STREET WEST, SUITE 40 

SFCRETARI  OF TIIT. AIR FOR(  L PERSONNEL COUNLII. 
AIR bOHCE DISCHARGE  REVIFW BOARD 
l T 3 T  COhlnlAND DR. F F  WING. 3RD FLOOR 

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AFHQ FORM  0-2077, JAN 00 

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(EF-V2) 

Previous edition will be uscd 

AIR FORCE DISCHARGE REVIEW BOARD J)ECISlONAl.  RAI'IONALE 

CASE N l l M B t H  

FD-~005-00218 

C;ENElXAL:  The applicant appeals for upgrade of discharge to honorable. 

'Ihe applicant was offered a personal  appearance bcfore the Discharge Review Hoard  (DRI3) but declined to 
exercise this right. 

'I'he attached brief contains available pertinent data on thc applicant and the factors leading to t l ~ c  discharge. 

FINDINGS: Upgrade of discharge is denied. 

The  Hoard  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. 

1SSUkC:  Applicant does not contcst his discharge.  lle statcs that he wants to  usc the (3.1. Bill and that he has 
been passcd  over for jobs  duc to his characterization of discharge.  Applicant also stales that hc was harassed 
rcpeatedly  by  his supervisors after  one isolated  incident  Thc  records  indicated the  applicant  reccived  an 
Article  15  for  being  disrespcctful  in  language  and  dcportnlcnt  toward  a  TSgt  and  a  SMSgt,  and  for 
dereliction  of duties.  He also received  a Vacation  action under  the UCMJ  for wrongfully  using marijuana. 
In  addition, he received a Lctter of Reprimand for missing an appointment, dereliction of duty and for failing 
to obey orders.  Ilardly onc isolated  incidcnt.  The DRB opined that through these adillinistrative actions, the 
applicant  had  ample  opportun~tics to  change  his  negative  behavior.  Thc Board  concluded  the  ~nisconduct 
was  a  significant  departure  fiom  conduct  expected  of  all  lnili tary  members.  The  characterization  of the 
discharge received by the applicant was found  to be appropriate.  l'hc applicant cited his desire to receive the 
G.I. Bill  benefits  as justilication  for  upgrade.  The DRH  noted  that  when  the  applicant  applied  for  these 
benefits.  he signed a statement (DD Form 2366) that he understood he must receive an Ilonorable discharge 
to  receive  future  educational  entitlements.  The  Board  was  sympathetic  to  the  impact  the  loss  of  these 
beneiits was having on thc applicant, but this is not a rnattcr of inequity or impropriety which would warrant 
an upgrade. 

CONCJ,USIONS:  The  Jlischarge Review  Hoard  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 thc foregoing findings the Board  further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus thc applicant's  discharge should not bc changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDRENS  AFB,  MD 

(Former AlC)  (HGH  AlC) 

1.  MATTER UNDER REVIEW:  Appl rectd a GEN Disch fr Minot AFB, ND on 10 Aug 01 UP 
AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 18 May 81.  Enlmt Age: 18 6/12.  Disch Age: 20 2/12. Educ: HS DIPL. 
AFQT: N/A.  A-61,  E-57,  G-68,  M-49. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 5 Aug 00. 

b.  Prior Sv: (1) AFRes 29 Nov 99 -  22 Feb 00 (2 months 24 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 23 Feb 00 for 6 yrs. Svd: 1 Yrs 5 Mo 18 Das, all AMS. 

b.  Grade Status:  AB -  8 Jun 01  (Vacation of Article 15, 24 Jul 01) 

Amn  -  8 Jun 01  (Article 15, 8 Jun 01) 
A1C -  7 Apr 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 24 Jul 01, Vacation, Minot AFB, ND  -  Article 112a. 

You, did, at or near Minot, ND, between on or about 1 
May 01, and on or about 17 May 01, wrongfully use 
marijuana.  Article 134.  You, did, at or near Minot 
AFB, ND, on or about 9 Jul 01, with intent to defraud, 
that there was enough 
falsely pretend to I
money in the bag you handed him to pay your cab fare, 
then knowing that the pretenses were false, and by means 
thereof did wrongfully obtain from I-Jservices, 
of a value of $17.25, to wit: taxi cab servi.ces. 
Reduction to AB.  (No appeal) (No mitigation) 

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(2) 8 Jun 01, Minot AFB, ND -  Article 91.  You, at or near 

Minot AFB, ND, on or about 25 May 01, were disrespectful 
in language and deportment toward TSgt-. 

a noncommissioned officer, then known by you to 

be a superior noncommissioned officer, who was then in 
the execution of his office, by saying to him, "You can 
send somebody to pick me up or send the fucking patrol, 
I don't give a fuck", or words to that effect, and by 
hanging up the telephone on him.  You, at or near Minot 
AFB, ND, on or about 25 May 01, were disrespectful in 

a 

language and deportment toward SMSgt I- 
noncommissioned officer, then known by you to be a 
superior noncommissioned officer, who was then in the 
execution of his office by arguing with him and by 
saying to him, "Who the fuck are you to tell me to 
report for duty.  You cannot force me to report for duty 
because an officer and doctor had placed mc on 24 hours 
quarters, it is not a ].awful order", or words to that 
effect.  Article 92.  You, who knew of your duties, on 
or about 25 May 01, were derelict in the performance of 
those duties in that you negligently failed to notify 

TSgt - the Facility Manager, that you 

had been placed on quarters, as it was your duty to do. 
Reduction to AB  (below the grade of Amn suspended). 
Forfeiture of $200.00 pay per month for two months, and 
60 days restriction. (No appeal) (No mitigation) 

e.  Additional: LOR, 26 JAN 01 -  Missed appointment, dereliction of duty, 

and failing to obey orders. 

f .   CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs :  AFTR. 

i.  Stmt of Sv:  TMS: (1) Yrs  (8) Mos  (13) Das 
TAMS: (1) Yrs  ( 5 )   Mos  (18) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Feb 05. 

(Change Discharge to Honorable) 

Issue 1:  I would like to upgrade my discharge to honorable because I would 

like my G.I. Bill, wich  (sic) I paid into for a year.  And I have been passed 
over for Jobs because of my veteran status.  I was harrased repeatedly by my 
supervisors after 1 isolated incident and the paperwork or LOC &  LOR'S (sic) 
used for my discharge from the Air Force after the isolated incident  (I was 
involved in a fight off of base and off duty w/another Airmen)  (sic) was a 
result of harrasment (sic) by my superiors.  I will take responsibility for my 
actions resulting from this harrasment  (sic), but I feel the punishment  (my 
discharge from the Air Force) was extreme and the nonjudicial punishment such as 
the temporary reduction in rank, the garnishment of pay and a 60 day base 
restriciton all of wich  (sic) was served was sufficent (sic) enough.  My claim 
of harassment  (sic) by my First Sergent  (sic) where  (sic) never filed and the 
only reason for signing my discharge papers was because I was told to do so by 
my Air Force Legal Counsel or face a court martial, and my legal counsel had 
failed to show me any ability to serve as legal counsel in such proccedinys 
(sic). 

ATCH 
N o n e .  

D E ~  

.(TIWENT  OF T H E  A I R   FORCE' 
HEADQUARTERS  5TH BOMB WING (ACC) 

MINOT AIR  FORCE  B A S E ,  NORTH  DAKOTA 

F P B S - - ~ ~ / ~  

AUG  0 Z 2001 

MEMORANDUM FOR AB 

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5 SFS 

FROM:  5 SFSICC 
SUBJECT:  Letter of Notification - AFI 36-3208, Paragraph 5.54. 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically, drug abuse.  The authority for this action is AFI 36-3208, Chapter 5, Section H, 
paragraph 5.54.  If my recommendation is approved, your discharge will be characterized 
as general or honorable.  I am recommending that your service be characterized as 
general. 

2.  My reasons for this action are:  Between on or about 1 May 01 and on or about 
17 May 01, you wrongfully used marijuana.  Your suspended nonjudical punishment 
was vacated on 26 Jul 01.  (Atch 3) 

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3.  Other Information: 

a.  Between about or about 18 Jan 01 and on or about 20 Jan 01, you engaged in 

the following misconduct: 

(I) On or about 18 Jan 01, you failed to go at the time prescribed to your 

appointed place of duty, to wit:  scheduled Chemical Warfare appointment. 

(2)  On or about Jan 01, you were derelict in the performance of you duties in 

that yor~ failed to get your required shots at the immunization clirric, as it was your duty 
to do. 

(3)  On or about 20 Jan 01, you were instructed by a noncommissioned officer to 

go to the order room after completing your tour of duty to initiate paperwork for your 
AECS badge.  You were also placed on the duty roster for 24 Jan 01 under 
appointments as a reminder of the responsibility.  Llpon returning to work on the 
evening of 24 Jan 01, you still had not taken the appropriate steps to get your AECS 
badge. 

For these acts of misconduct you were given a Letter of Reprimand (LOR) on 26 Jan 01. 
(Atch 4) 

b.  On or about 25 May 01, you engaged in the following misconduct: 

(1)  You were disrespecfful in language and deportment towards a noncommissioned 

oficer, then known by you to be a superior noncommissioned officer, who was in the 
execution 0.f his office, by saying to him, "You can send somebody to pick me up or 
send the fucking patrol, I don't give a fuck" or words to that effect, and by hanging LIP 
the telephone on him. 

(2)  You were disrespectful in language and deportment towards a senior 

noncommissioned officer, then known by you to be a superior noncommissioned officer, 
who was in the execution of his office, by saying to him, "Who the fuck are you to tell 
me to report for duty.  You cannot force me to report fur duty because an officer and 
doctor had placed me on 24 hour quarters, it is not a lawful order" or words to that effect. 

(3)  You were derelict in the performance of your duties in that you negligently 

failed to notify the Facility Manager that you had been placed on quarters, as it was 
your duty to do. 

For these acts of misconduct you were  punished under Article 15 of the UCMJ on 
8 Jun 01 and an Unfavorable Information File was established.  (Atch 5) 

c.  On or about 9 Jul 01, with the intent to defraud, you falsely pretended to a 

civilian taxi cab driver that there was enough money in the a bag you handed him to 
pay your cab fare, then knowing that the pretenses were false and by means 
thereof you wrongfully  obtained from the civilian taxi cab driver services of a value 
of $1 7.25, to wit:  taxi cab services.  Yol..lr  suspended nonjudical punishment was 
vacated on 26 Jul 01.  (Atch 3) 

4.  The Letter of Notification with attachments will be forwarded to the separation 
authority in support of this recommendation.  The commander exercising SPCM 
jurisdiction (5 BW/CC) 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 the Air Force. 

5.  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you.  I have made an appointment for you to consult Captain 

Area 
at his office, 300 Summit Drive, Room 306A, at j d ~ h o u r s  on 

2001.  You may consult civilian legal counsel at your own expense. 

6.  You have the right to submit statements on your own behalf.  Any statements  ou 
want the separation authority to consider must reach me by 0900 hours on  6 &%O( 
2001, unless you request and receive an extension for good cause shown.  I will then 
send them to the separation authority.  - 

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

8.  You have been scheduled for a medical examination.  You must report to the 5th 
Medical Group Hospital, 10 Missile Avenue, Minot AFB, ND at  rn/fiours  on  ?AM 
2001 for the examination,  You must not drink alcoholic beverages 72 hours prior to the 
exam. 

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 in the Orderly Room. 

10.  Execute the attached acknowledgment and Statement of Understanding and return 
them to me immediately. 

1 ~t bol, USAF 

omman  er, 

th Security Forces Squadron 

Attachments: 
1.  Receipt of Letter of Notification 
2.  Statement of Understanding 
3.  AF FM 366, Record of Proceedings of Vacation of Suspended Nonjudical 

Punishment, 27 Jul 01, w/ atchs - 

4.  Letter of Reprimand, 25 Jan 01 
5.  AF FM 3070, Record of Nonjudical Punishment Proceedings, 18 Jun 01, w/ atchs