m 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVlCE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

1  AFSNISSAN 

1 

I 

I 

I 

PERSONAL APPEARANCE 

1  x 

I 

I 

RECORDREVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

TYPE  GEN 
" COv%aG 

YES 

No 

I 

INDEX NLlhlElER 

A67.10 

I 

I 

HEARING DATE 

CASE NUMBER 

I 

I 

W I B I T S  SVBMInED TO THE BOARD 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

08 Dec 2005 
APPLICANTS ISSUE AM) WEBOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON THE AXTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL R A T I O N U  

FD-2005-00219 

I 

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 

Names and votes will be made available to the applicant at the applicant's request. 

SIGNATURE OFJ~KORDER 

/ 

I  SIGJ~ATUREDF B O A ~ S I D F J W  

0 

1 

I 

I 

*  *  * a *  
. -- 
Tn. 

-- 

1  " 
1 

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

/

*

  , 

, * I  

INDO$SEMEW,r 

, 

i j  

' ,  "!DATE:"  ltfi&2005 

7 

I  FROM: 

SECRETARY OF THE AIR FORCE PERSONYEL COLlNClL 
AIR FORCE  DISCHARGE REVIEW  LIOAKU 
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 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I CASE NUMBER 

FD-2005-00219 

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. 

I The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.  I 
I 
I FINDINGS:  The Board grants the requested relief. 

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 an upgrade in order to obtain 
his GI Bill benefits.  The records indicated the applicant received an Article  15 for failure to go.  He  also 
received three Letters of Reprimand and two Records of Individual Counseling for various misconduct.  The 
DRB noted that the reason for the discharge was for the Letter of Reprimand  dated  8  Dec 99 for visiting 
inappropriate websites and failure to report for baggage duty.  This incident was over a year since the last 
incident of misconduct (the Article  15).  Since his discharge, the applicant has had  significant post-service 
conduct, which the DRB opined showed that the misconduct while in the service was not  indicative of the 
members conduct now.  The Board does not condone the visiting of inappropriate websites; however, they 
also concluded the characterization of the discharge received by the applicant was found to be too harsh. 

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. 

I Attachment: 

Examiner's Brief 

I 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AlC)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Scott AFB, IL on 4 Jan 00 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Jul 79.  Enlmt Age: 17 3/12.  Disch Age: 20 5/12. ~ d u c :  HS DIPL 

AFQT: N/A.  A-79,  E-65,  G-74,  M-68. PAFSC: 3C031 -  Comrnunications/Computer 
Systems Operations Apprentice. DAS: 24 Feb 98. 

b.  Prior Sv:  (1) AFRes 26 Oct 96 -  16 Sep 97 (10 months 22 

days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 17 Sep 97 for 4 yrs. Svd: 2 Yrs 3 Mo 19 Das, all AMS. 

b.  Grade Status:  A1C -  3 May 99 

Amn  -  (EPR Indicates): 17 Sep 97-16 May 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 4 Nov 98, Scott AFB, IL -  Article 86.  You did, on or 
about 13 Oct 98, without authority, fail to go at the 
time prescribed to building 1535, to wit: for your 
dental appointment.  Suspended reduction to AB.  Five 
days extra duty.  (No appeal) (No mitigation) 

e.  Additional: LOR, 08 DEC 99 -  Visiting inappropriate websites and 

failure to report for duty. 

LOR, 01 SEP 98 -  Late for duty. 
LOR, 01 SEP 98 -  Failure to obey a direct order. 
RIC, 03 AUG 98 -  Dereliction of duty. 
RIC, 30 JUN 98 -  Missed two required appointments. 

f.  CM:  None. 

g.  Record of SV: 17 Sep 97 -  16 May 99  Scott AFB  3  (Initial) 

h.  Awards &  Decs:  JMUAR, AFTR. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (2) Mos  (10) Das 
TAMS:  (2) Yrs  (3) Mos  (19) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 2 Jun 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. ~01lege;Transcripts. 
3. Two Character References. 
4. National Dean's List. 
5. Advertisement. 
6. College Certificate of Admission. 

APPLICATION  FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions  o n  Pages 3 and 4 BEFORE completing this application.) 

Form Approved 
OMB NO. 0 7 0 4 - 0 0 0 4  
Expires A u g  3 1, 2006 

The  public  reponing burden for  this collection of  information  is estimated  to average  30 minutes per response, including the  time  for  rsviewing  instructions, searching existing data  sources, 
gathering  and maintaining the  data needed, and completing  and reviewing the  collectton of  information.  Send comments  regarding this burden estimate  or any  other aspect  of  this  collection 
of information.  including suggestions for  reducing the  burden. to Department  of  Defense, Washinpton Headquaners  Services.  Directorate for Information Operations and Reporfs (0704-0004). 
1215 Jefferson  Davis Highway, Suite  1204, Arlington,  VA  22202-4302.  Respondents should be aware that  notwithstanding  any  other  provision of  law,  no person shall be  subject to any 
penalty for failing  to comply with a collection of information if it does not display a currently valid OMB control number. 
PLEASE  DO  NOT  RETURN  YOUR  FORM  TO THE ABOVE  ADDRESS.  RETURN  COMPLETED FORM  TO THE APPROPRIATE  ADDRESS  ON  BACK  OF  THlS PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553;  E.O.  9397. 
PRINCIPAL PURPOSE(S):  To apply for a change in the characterization or reason for military discharge issued to an individual. 
ROUTINE USEIS):  None. 
DISCLOSURE:  Voluntary;  however,  failure to provide identifying information may impede processing of this application.  The request for 
Social Securitv  Number is strictlv to assure DroDer identification of the individual and a ~ ~ r o ~ r i a t e  
1.  APPLICANT DATA  (The person  w h o s e  discharge i s  t o  be reviewed).  PLEASE PRINT OR  TYPE INFORMATION. 
a.  BRANCH  OF SERVICE IX one] 

. .   , 
I  x I  AIR FORCE 

MARINE CORPS 

COAST  GUARD 

records. 

ARMY 

NAVY 

. 

. 

c,  GRADURANK AT  DISCHARGE 

d.  SOCl 

2.  DATE OF DISCHARGE OR  SEPARATION 1  4.  DISCHARGE CHARACTERIZATION RECEIVED /X onel 

E3/AFC 

IYYYYMMDDI (If date is more than  15 years 
ago, submit a DD Form  1491 
2000/0 1/03 

% 

HONORABLE 
GENERAUUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE  CONDITIONS 

3.  UNIT AND LOCATION AT DISCHARGE 

OR  SEPARATION 

USTRANSCOM J2-YC Scott AFB, IL 

BAD CONDUCT  (Special court-martial onlvl 
UNCHARACTERIZED 
OTHER (Explain] 

5.  BOARD ACTION REQUESTED IX one1 

- 

)( 

CHANGE TO HONORABLE 
CHANGE TO GENERALIUNDER 
HONORABLE  CONDITIONS 
CHANGE TO UNCHARACTERIZED 
/Not aoolicable for Air  Force1 
. 
CHANGE NARRATIVE REASON  FOR 
SEPARATION TO: 

,. 

I 

I 

I 

I 

6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in ltem  14.  See instructions  on 

Pa  e 3.1 

Wh&  I was in the Air Force I was in an honor flight in basic training and received my assignment to USTRANSCOM as a special 
duty assignment based on my tech school grade.  I believe that I have been a model citizen since the time of my discharge. I was 
the 2004-2005 Student Government Association Treasurer at Central Piedmont Community College, and am still a member of the 

( 

I 7.  (X if  appiicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON IWYYMMDDI 
I  AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION, OR  EVIDENCE. 

8.  IN SUPPORT OF THlS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in ltem  17. 

If military  documents or medical records are relevant  to your case, please send co  ies.1 

1. Report card from CPCC showing 3.5 GPA 
2% 2b. Letters of Recommendation for college. 
3. National Deans List notification letter 

4. ~ ~ ~ o o k 6 w a ~ . c o m  
5. Acceptance Letter to University of Arizona 

flyer 

1 

9.  TYPE OF REVIEW REQUESTED (X one) 
* I SUBMITTED BY  ME.  I ANDlOR  ~counse//representativeJ WILL NOT  APPEAR BEFORE THE BOARD. 
1  I ANDIOR  Icounsel/re~resentatNel WISH TO APPEAR  AT  A HEARING AT  NO  EXPENSE TO THE GOVERNMENT BEFOFE A TRAVELING PANEL CLOSEST TO I 

I CONDUCT  A RECORD  REVIEW  OF  MY  DISCHARGE BASED ON  MY  MILITARY  PERSONNEL FILE  AND  ANY  ADDITIONAL DOCUMENTATION 
I  I ANDlOR  Icounsel/representative] WISH TO APPEAR  AT  A HEARING AT  NO  EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
I  WASHINGTON, D.C.  METROPOLITAN AREA. 
I (enter city and statel- 

(NOTE:  The Navy Discharge Review Board does not have a traveling panel.] 

10.a.  COUNSELIREPRESENTATIVE (If any] NAME (Last, first,  Middle Initial] AND ADDRESS  I b.  TELEPHONE NUMBER /Include Area Codel 

/See ltem  10 of the instructions about  counse1hepresentative.l 

. . 

c.  E-MAIL 

d.  FAX  NUMBER /Include Area  Code1 

I 

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

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application Is signed by other  than the applicant,  indicate 
the name (pint1 
SPOUSE 

and relationship  by marking a box below. 

NEXT  OF  KIN 

WIDOWER 

WIDOW 

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

b.  TELEPHONE NU 

(Forward notification of any change in address.] 

d.  FAX  NUMBER (Include Area Code) 

14. CONTINUATION OF ITEM 6 ,  ISSUES (If applicable) 
Phi Theta Kappa Honor Society.  I am a member of the National Deans List.  I have volunteered on many occasions at places like 
habitat for humanity and have developed and operate a free statewide book swapping service for NC students called NCBookSwap. 
com.  This saves every student who uses it hundreds each semester.  I am going to the University of Arizona this fall and will have 
to take loans of over $15,000 this year alone.  I have filled out the FAFSA financial aid application and have already received all the 
help I will get from it.  I will double major in Physics and Psychology which I cany a 3.5 GPA for.  I am a serious student and plan 
to bring that GPA up!  I plan to extend the NCBookSwap.com site to Arizona and other states to sell advertisement and offer 
scholarships  as the sites will always be non-profit.  I need all the help I can get now so that I can help more people later.  In the last 
year as treasurer I have come to greatly appreciate what service to the community is and how great the opportunities can be.  I 
humbly ask that you find that I am worthy of an  honorable discharge so that I can use the G.I. Bill money which I have paid into the 
system for.  I assure you I will use the opportunities given to help as many people as possible.  Thank you for your time and 
consideration. 

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

MAIL COMPLETED APPLICATIONS  TO APPROPRIATE ADDRESS BELOW. 

I 

.+ 

ARMY 

Army  Review Boards Agency 
Suppgrt Division, St.  Louis 
9700'j'age  Avenue 
St.  Loyis, MO  63132-5200 
[See http:llarba.army.pentagon.mil) 

AIR  FORCE 

NAVY AND MARINE CORPS 
Naval Council of  Personnel Boards  $ 
720 Kennon Street,  S.E. 
Room 3 0 9  (NDRB) 
Washington  Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S. Coast Guard 
Commandant  (G-WPM) 
2100 Second Street,  S.W. Room 5500 
Washington,  DC  20593 

I 
Page 2 of 4  Pages 

I 

I 

Air Force Review Boards Agency 
SAFIMRBR 
550-C Street West,  Suite 4 0  
Randolph AFB,  TX  78 150-  742 

# 

I 
D D  FORM 293, AUG 2003 

FROM:  USTC AFELWCC 

SLBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my 
recommendation is approved, your service may be characterized as honorable, under honorable 
conditions (general) or under other than honorable conditions.  I am recommending that your service 
be characterized as under honorable conditions (general). 

2.  My reasons for this action are: 

a.  On or about 7 Oct 99 and on or about 1 Nov 99, you utilized a government provided 
computer to visit several inappropriate websites.  For this misconduct, you received a Letter of 
Reprimand (LOR), dated 8 Dec 99.  (See Atch  1).  Also included on the 8 Dec 99 LOR, you were 
reprimanded for failing to report for assigned baggage detail duty on  16 Oct 99. 

b.  On or about 13 Oct 98, you did fail to go for your dental appointment.  For this 

misconduct, you received an Article 15, dated 4 Nov 98.  (Atch 2). 

c.  On or about 20 Aug 98, you failed to report for duty at the prescribed hour.  For this 

misconduct, you received a Letter of Reprimand (LOR), on or about 1 Sep 98.  (See Atch 3). 

d.  On or about 17 Aug 98, you were told by your supervisor you needed to attend  a 

mandatory Health Assessment appointment and you needed to meet with a McKendree College 
representative to discuss your status at the school.  You failed to obey your supervisor's direct order 
to attend the aforementioned appointments. For this misconduct, you received a Letter of 
Reprimand (LOR) on or about 1. Sep 98.  (See Atch 4). 

e.  On or about 3 Aug 98, you admitted to sleeping during your duty hours.  For this 

misconduct, you received a Letter of Counseling (LOC) dated 3 Aug 98. (Atch 5). 

f.  From on or about 1 Mar 98 to on or about 30 Jun 98, you failed to go to two required 

Dental Appointments.  For this misconduct, you received a Letter of Counseling (LOC) dated 30 Jun 
98. (See Atch 6). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher authority 
will decide whether you will be discharged or retained in the Air Force.  If you are discharged, you 
will be ineligible for reenlistment in the Air Force. 

4.  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 with the Area Defense Counsel, Bldg 7, on 

at - hrs. You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me with in 3 duty days of your receipt of this letter 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

6.  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. 

7.  You have been scheduled for a medical examination.  You must report to the 375th Medical 
Group, Physical Examinations Section, on 
You also have a doctor's appointment scheduled on 

hrs for the examination. 
at 

at 

hrs. 

8.  The Privacy Act Statement as explained in AFI 36-3208 covers any personal information you 
furnish in rebuttal.  A copy of AFI 36-3208 is available for your use in the squadron orderly room. 

9.  You must take the following actions: 

a.  You will report to the Transportation Management Office (TMO), Outbound Assignments, to 
complete a Scott Air Force Base Form 241Personal Property Appointment Sheet.  That worksheet 
must be completed and returned to TMO as soon as you receive your separation orders. 

b.  You will report before close of business tomorrow (or the next duty day) to Special Actions at 

Military Pay, Bldg P-10, room C201, to make arrangements concerning your military pay. 

Attachments: 
1.  LOR, dated 8 Dec 99 
2.  Art  15, dated 4 Nov 98 w/response 
3.  LOR, dated approximately 1 Sep 98 
4.  LOR, dated approximately 1 Sep 98 
5.  LOC, dated 3 Aug 98 
6.  LOC, dated 30 Jun 98 
7.  Airman's Acknowledgement