AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I NAME OF SERIlCE MEMBER (L.4!3T9 FIRST MIDDLE INITIAL) 
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PERSONAL APPEARANCE 

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ISSUES  A92.21  1 INDEX NUMBER  A67.50 

HEARING DATE 

25 Oct 2005 

CASE NUMBER 

FD-2005-00239 

I  1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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/  Case heard at Washington, D.C. 

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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. 

SIGNATURE OF RECORDER  [ /  / >  S I G & ~ ~ ~ R & O A R D  

 PRESIDE^ 

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- 7  

- 

SAFIMRRR 
550 C STREET WEST, SUITE 40 
RANDOLI'H  AFB, TX 78150-4742 

.' 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND D R  EE WING, 3RD ELOOR 
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 h t l M R E R  

FD-2005-00239 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The  applicant  appeared  and  testified  b 
Andrews AFB, MD, on 25 Oct 2005.  M 
applicant's  behalf. 

eview  Board  (DRB),  without  counsel,  at 
-the applicant's  spouse, also testified  on the 

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

FINDINGS:  Upgrade of discharge is denied.  The Board  finds that neither the  evidence of record nor that 
provided by the applicant substantiates an inequity  or inlpropriety that would justify  a change of discharge. 

ISSUE:  Applicant received  a general discharge for a pattern of misconduct and unsatisfactory performance. 

Applicant contends that there was an impropriety in determining his discharge, although he does not specify 
exactly what that impropriety was.  Applicant also states that since his separation, he has matured, lived a 
productive life, and contributed positively to society, and that his post-service conduct indicates that he is a 
person who should be believed, who merely made a non-malicious mistake, whose overall character 
outweighs in-service conduct, and who, at that time, could not perform the duties assigned and conform to 
military life.  Applicant also testified that he suffered from depression during his enlistment although there is 
no evidence of this diagnosis in his medical records and the applicant denied this on his enlistment 
documents.  The records indicated the applicant received an Article  15, two Letters of Reprimand, four 
Letters of Counseling, one Letter of Admonishment, two Memorandums for Record, and one verbal 
counseling for misconduct to include failing to report to work on time on numerous occasions, failing to 
perform assigned tasks in a timely manner, disobeying a direct order, failing to return to his duty section 
after completion of ergometry training, failing to obtain a passing score on his CDCs on three occasions, 
failing to properly administer the squadron's suspense program on numerous occasions, leaving his 
appointed place of duty without permission and making a false official statement, disconnecting the smoke 
alarm in his dorm room, failure to go, and parking his vehicle in a prohibited area.  The DRB opined that 
through these administrative actions, the applicant had ample opportunities to change his negative behavior 
and concluded the misconduct was a significant departure from conduct expected of all military members. 
Although the DRB was pleased to see that the applicant was doing well and has a good job, no inequity or 
impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the 
misconduct of the applicant appropriately characterized his term of service and the characterization 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. 

In 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 

(Former AMN) (HGH AMN) (REHEARING) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN  Dish fr Shaw AFB, SC 
on 25 Feb 99 UP AFI 36-3208, para 5.50.2 &  5.26.3  (Pattern of 
Misconduct-Conduct Prejudicial to Good Order and Discipline & 
Unsatisfactory Performance).  Appeals for Honorable Discharge) 

a.  See attached cy of Examiner's Brief dtd 20 Jan 00. 

b.  The AFDRB reviewed case on 29 Feb 00  (non-appearance 

w/o counsel) &  concluded applicant's discharge should not be 
changed. 

3.  BASIS ADVANCED FOR REHEARING:  Appl  (DD Fm 293) dtd 09 Jun 
05. (Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

1. Applicant's Issues. 
2. Three Training Certificates. 
3. Certificate of Achievement. 
4. Job Offer. 
5. Training Certificate. 
6. Character Reference. 
7. Transcript. 
8. Training Certificate. 
9. Driving History. 
10. Criminal History Record Check. 
11. Doctor's Report. 
12. Marriage and Birth Certificates. 

BRIEF - REQUEST FOR DISCHARGE UPGRADE 

Relevant Information 

Page:  I 

Honorable Discharge:  The  Honorable  characterization  is  appropriate  when  the  quality  of  the 
member's  service  generally  has met the standards of acceptable conduct 
and  performance  of  duty  for  military  personnel,  or  is  otherwise  so 
meritorious 
characterization  would  be  clearly 
inappropriate. 

that  any  other 

General Discharge: 

(Under  Honorable Conditions)  If a  member's service has been honest and 
faithful,  it  is  appropriate  t o   characterize  that  service  under  honorable 
conditions.  Characterization  of  service  as  General  (under  honorable 
conditions) 
is  warranted  when  significant  negative  aspects  of  the 
member's  conduct  or  performance  of  duty  outweigh  positive  aspects  of 
the  member's  military conduct or performance of duty outweigh  positive 
aspects of the record. 

Positive In-Service Conduct: 

Completed Basic Training (Certificate Attached) 

Completed 
(Certificate Attached) 

Information  Management  Apprentice  Course 

AF Study and Testing Skills (Certificate Attached) 

Customer Service Provider Course (Certificate Attached) 

Positive Post-Service Conduct: 

in  State  Civil  Service  Position  (Letter  of 
Employment 
Employment,  Certificate,  and Character Reference Attached) 

Education (Transcript and Certif cate Attached) 

Absence  of a  Criminal Record  (Driving  Record and  Criminal 
History Record Check Attached) 

Participation 
Disorder (Letter from Physician Attached) 

in  Treatment  for  Mental  Illness/Personality 

Family  Responsibility,  Development,  and  Stability  (Marriage 
and Birth Certificate Attached) 

Mitigating circumstances: 

Unsatisfactory  Performance on CDC's  (Career  Development 
Courses). 

Post-Service  Diagnosis of Depression and Anxiety Disorder. 

Lack of professionalism and effort by supervisors. 

Did the Air Force process my discharge appropriately? 

Issues 

The following  is a list of descriptions regarding discharges: 

Unsatisfactory  Performance.  A  member  may  be  separated  when  it  is  determined  that  the 
member  is  unqualified  for  further  military  service  by  reason  of  unsatisfactory  performance. 
Separation  processing  may  not  be  initiated  until  the  member  has  been  counseled  formally 
concerning  deficiencies  and  has  been  afforded  an  opportunity  to  overcome  those  deficiencies  as 
reflected 
rehabilitation 
requirements  are  of  particular  importance  with  respect  to  this  reason  for  separation.  Because 
military  service  is  a  calling  different  from  any  civilian  occupation,  a  member  should  not  be 
separated  when  unsatisfactory  performance  is the sole  reason  unless  there  have  been efforts  at 
rehabilitation  under  standards  prescribed  by  the  Secretary  concerned.  The  service  shall  be 
characterized as Honorable or General (under honorable conditions). 

in  appropriate  counseling  or  personnel 

records.  Counseling  and 

Alcohol  Abuse  Rehabilitation  Failure.  A  member  who  has  been  referred  to  a  program  of 
rehabilitation for  drug and alcohol abuse  may be separated for  failure  through inability or refusal to 
participate  in,  cooperate 
in  the  following 
circumstances:  (1) 'There  is  a  lack  of  potential  for  continued  military  service;  or  (2)  Long  term 
rehabilitation is determined  necessary  and the  member  is transferred to a  civilian  medical facility 
for rehabilitation. 

in,  or  successfully  complete  such  a  program 

Misconduct. A member may be separated for misconduct when  it is determined that the member 
is unqualified for further military service by reason of one or more of the following circumstances: 

Minor  Disciplinary Infractions.  A pattern of misconduct  consisting solely of minor disciplinary 
infractions.  If separation  of a member in entry-level  status is warranted  solely  by reason of 
minor disciplinary infractions,  the action should be processed under Entry-Level  Performance 
and Conduct. 
A pattern of Misconduct. A pattern of misconduct consisting  of (a)  discreditable  involvement 
with civil or rr~ilitary authorities or (b)  conduct prejudicial to good order and discipline. 
Commission  of a  Serious  Offense.  Commission  of a  serious  military  or civilian  offense  if in 
the  following  circumstances:  (1)  The  specific  circumstances  of  the  offense  warrant 
separation;  and  (2)  A  punitive  discharge  would  be  authorized  for  the  same  or  a  closely 
related offense under the Manual for Courts-martial. 
Civilian  Conviction.  Conviction  by civilian  authorities  or action  taken that  is tantamount to a 
finding  of  guilty,  including  similar  adjudications  in juvenile  proceedings,  when  the  specific 
circumstances  of the  offense  warrant  separation,  and the following  conditions are  present: 
(I) A punitive discharge would be authorized for the same or a closely  related offense under 
the  Manual  for  Courts-martial  or  ( 2 )   The  sentence  by  civilian  authorities  includes 
confinement for 6 months or more without regard to suspension or probation. 

' ..I",- T. 

Page:  3 

Characterization  of service for misconduct will  normally be Under Other Than Honorable Conditions, 
but  characterization  as  General  (under  honorable  conditions)  may  be  warranted  for  those  with 
outstanding military records. 

Rationale 

Since  m y  separation,  I have matured,  lived a productive life,  and contributed positively t o  society. 
My post-service  conduct indicates that I am a person,  who should be believed,  who  merely made a 
non-malicious  mistake,  whose  overall  character  outweighs  in-service  conduct,  and  who,  at  that 
time,  could not perform the duties assigned and conform to military life. 

I believe that there was  an impropriety when determining my discharge  and that impropriety  was 
significant,  resulting  in a  General  (Under  Honorable Conditions)  Discharge.  I am  requesting that 
the  Board evaluate m y  application and upgrade m y  discharge t o  Honorable in accordance  with m y  
mitigating circumstances and characterization  of service listed above. 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 99/02/25 UP AFI 36-3208, 
para 5.50.2 &  5.26.3 (Pattern of Misconduct &  Unsatisfactory Performance). 
Appeals for Hon Disch. 

2.  BACKGROUND: 

a. DOB: 79/07/13.  Enlmt Age: 17 5/12.  Disch Age: 19 7/12. Educ:  HS DIPL. 

AFQT: N/A  A-46,  E-54,  G-44,  M-40. PAFSC: 3A031 -  Information Management 
Apprentice. DAS: 97/10/20. 

b.  Prior Sv: AFRes 96/12/17 -  97/06/24 (6 months 8 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  97/06/25 for 4 yrs.  Svd: 1 Yrs 8 Mo 1 Das, all AMS 

b.  Grade Status:  AMN -  97/12/25 

c.  Time Lost:  none. 

d.  Art  15's:  (1) 98/09/08, Shaw AFB, SC -  You did, o/a 6 Aug 98, w/o 

auth, go from your appointed place of duty.  You did, 
o/a 6 Aug 98, w/intent to deceive, make to MSgt  - - - - - - a ,  
an official statement, to wit: that you did go to sick 
call, saw a female doctor, and that she gave you a 
bottle of Motrin, which statement was totally false, and 
was then known by you to be so false.  Rdn to AB  (susp 
ti1 1 Mar 99).  (No appeal) (No mitigation) 

e.  Additional: LOC, 20 Jan 98 - 
LOC, 01 Apr 98 - 
LOA, 08 May 98 - 
LOR, 07 Jul 98 - 
LOR, 23 Jul 98 - 
LOC, 10 Sep 98 - 
MFR, 21 Oct 98 - 
MFR, 20 NOV 98 - 
VC,  17 Dec 98 - 
LOC, 11 May 98 - 

Dereliction of duty. 
Disobeying orders. 
Failure to go. 
Dereliction of duty. 
Dereliction of duty. 
Misconduct. 
Substance Abuse. 
Failure to go. 
Traffic Ticket. 
Failed CDC. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Shaw AFB) 

h.  Awards &  Decs:  AFTR 

i.  Stmt of Sv:  TMS:  (2) Yrs  (2) Mos  (9) Das 
TAMS: (1) Yrs  (8) Mos  (1) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 99/11/09. 

(Change Discharge to Honorable) 

Issue 1:  All the misconduct actions against me were minor.  The real reason 
was failure of CDC's (sic) (Career Developement(sic) Course) which constitutes an 
Honorable discharge. 

ATCHS 

none. 

DEPARTMENT OF THE AIR FORCE 
.  SHAW AIR F m E  BASE, SOUTH CAROLINA 

FK~~HT~R m a  (ACC) 

9 Feb 99 

MEMORANDUM FOR AMN 

FROM:  55 FSICC 

530 Houston Ave 
Shaw AFB SC 29152 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of misconduct and 
failure to progress in on-the-job training, under the provisions of AFPD 36-32 and AFI 36-3208, 
p~agraphs 5.50.2 and 5.26.3, respectively.  If my recommendation is approved, your service will be 
characterized as general. 

2.  My reasons for this action are: 

a.  On or about 12 Jan 98, you were derelict in the performance of your duties in that you failed to 

perform your assigned task in'a timely manner.  In addition, on or about 20 Jan 98, you failed to report to 
duty at the time prescribed.  For this misconduct, you received a letter of counseling (LOC), dated 20 Jan 
98. 

bi On or about 30 Mar 98, you disobeyed a direct order given to you by 2 L t m t o  take leave if you 

traveled outside of the 300-mile radius.  For this misconduct, you received a LOC, dated  1 Apr 98. 

'jc.  On or about 8 May 98, you failed to return to your duty section after attending ergometry training. 

For this misconduct, you received a letter of admonition (LOA), dated 8 May 98. 

d.  On or about 7 Jul98, you were derelict in the performance of your duties in that you failed to 
properly administer the squadron's suspense program.  For this misconduct, you received a letter of 
reprimand (LOR), dated 7 Jul98. 

e.  On or about 23 Jul 98, you were again derelict in the performance of your duties in that you failed to 
properly administer the squadron's  suspense program.  For this misconduct, you received a LOR, dated 23 
Jul 98. 

,A'.  You did, on or abut 6 Aug 98, go from your appointed place of duty, to wit:  building  15 11, Fuel 

Shop.  In addition, you did, on or about 6 Aug 98, with intent to deceive, make to MS 
statement, to wit:  that you  did go to sick call, saw a female doctor, and that she gave you a bottle of 
Motrin, which statement was totally false, and was then known by you to be so false.  For this, you 
received an Article 15 nonjudicial punishment, dated 2 Sep 98.  Punishment consisted of suspended 
reduction to the grade of airman basic, and 14 days extra duty. 

an official 

g.  On or about 8 Sep 98, you disconnected the smoke alarm in your dormitory room in violation of 

Shaw FLlr  Force Base Pamphlet 32-1 13.  For this misconduct, you received a LOC, dated  10 Sep 98. 

9 6 6 a P P o m E =  Zir,,  #mezica 

,,h.  On or about 30 Sep 98, you consumed alcohol at the Enlisted Club while under the age of twenty- 

one.  For this misconduct, you were referred to the Substance Abuse Clinic, as evidenced by 55 FS/CCYs 
memorandum, dated 2 1 Oct 98. 

i.  On or about 20 Nov 98, you failed to go to the base forei 
this misconduct, you were verbally counseled, as evidenced by 

lk at hanger 1614.  For 
andum, dated  14 Dec 98. 

'j.  On or about  17 Dec 98, you parked your vehicle in a prohibited area while the base was in 

THREATCON Bravo.  For this, you were verbally counseled, as evidenced by an Armed Forces Traffic 
Ticket, dated  17 Dec 98. 

3.  The reasons that support discharge for unsatisfactory performance are as follows: 
/,d On or about 7 May 98, you failed to obtain a passing score on your volume 11 Career Development 
Course test after being given six weeks to prepare.  For this, you received a LOC, dated  11 May 98. 

,b.  On or about 21 Sep 98, you failed to pass your first Career Development Course (CDC) end-of- 

course examination.  The minimum passing score was 65.  Your score was 58, as evidenced by your 
Report of Course Examination, dated 2 1 Sep 98. 

c.  On or about 2 1 Dec 98, you failed to pass your second CDC end-of-course examination.  The 

minimum passing score was 65.  Your score was 60, as evidenced by your Report of Course Examination, 
dated 21 Dec 98. 

Copies of the documents to be forwarded to the separation authority in support of this recommendation are 
attached.  The commander exercising special court-martial jurisdiction or a higher authority will decide 
whether you will be discharged or retained in the h r  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. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I have 
made a telephone appointment for you to consult Capt 

on a Feb 99, at m h o u r s .  You may consult civili 

Area Defense Counsel, 895-9530, 
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 within three duty days after receipt of the notification memorandum 
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 must report, in uniform, to the Shaw AFB Hospital, Physical Examinations Section, on & Feb 99, 
at 

hours for a medical examination. 

8.  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. 

9.  The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus monies 
which you received, if any, if you separate before completing the period of active duty you agreed to serve. 
This recoupment applies whether you voluntarily separate or are involuntarily separated.  Recoupment will 
apply regardless of the basis for involuntary discharge.  The recoupment in all cases is an amount that 
bears the same ratio to the total cost provided to you as the unserved portion of active duty bears to the 
total period of active duty you agreed to serve.  If you dispute that you are indebted for educational 
assistance, a board or other authority will make findings and recommendations concerning the validity of 
the indebtedness. 

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

Commander 

Attachments : 
1.  LOC, 20 Jan 98 
2.  LOC,  1 Apr 98 
3.  LOA, 8 May 98 
4.  LOR, 7 Jul98 
5.  LOR, 23 Jul 98 
6.  AF Form 3070,2 Sep 98 
7.  LOC,  10 Sep 98 
8.  55 FSICC Memorandum, 2 1 Oct 98 
9.  2Lt Maile's  Memorandum, 14 Oct 98 
10.  DD Form 1408, 17 Dec 98 
11.  LOC,  11 May98 
12.  Reports of Course Examination, 2 1 Sep 98 and 2 1 Dec 98 
13.  AF Form 623a, 28 Jan 99 
14.  AF Form 2096,3 Feb 99 
15.  Airman's Receipt of Notification Memorandum