MEMBER SITTING 

HEARING DATE 

CASE NUMBER 

Case heard at Washington, D.C. 

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. 

T WEST, SUITE 40 
AFB, TX 78150-4742 

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-2005-00266 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DM),  without  counsel,  at 
Andrews AFB on 01 Dec 2005. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: Character reference letters (2) 

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

FINDINGS:  The discharge is upgraded to honorable. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received  numerous disciplinary actions over a prolonged period  of time for minor infractions but 
performance of duty was satisfactory and the applicant was retained and deployed with his unit.  The DRl3 
noted that the  documented  incidents of misconduct while deployed that  triggered  the discharge were  of a 
trivial nature and concluded that the punishments for these incidents were  unusually harsh  and  resulted  in 
discharge  under  two  months  prior  to  the  expiration  of  the  applicant's  term  of  service.  The  DRl3  also 
considered the mitigating facts and  circumstances regarding incidents of tardiness and  financial difficulties 
as evidenced in the record as well  as in testimony and, by  majority vote, concluded that the discharge was 
too harsh  in light of the positive aspects of his service.  However, the Board  concluded that the reason for 
discharge should not be  changed because his misconduct caused his commanders to lose confidence in his 
ability to meet standards of performance and it properly describes the basis for discharge. 

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 the Board 
concludes that the totality of the evidence of the record and that during testimony indicates the character of 
discharge was too harsh and 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. 
The  applicant's  characterization should  be  changed  to  Honorable  under  the  provisions  of  Title  10, USC 
1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Moody AFB, GA, on 20 Jul 04 
UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct  -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Jan 82.  Enlmt Age: 18 5/12.  Disch Age: 22 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-67,  G-76,  M-78. PAFSC: 2A552 - Helicopter Maintenance 
Journeyman.  DAS: 16 Apr 01. 

b.  Prior Sv: (1) AFRes 24 Jul 00 -  12 Sep 00  (1 mo  19 das) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 13 Sep 00 for 4 years. Svd: 03 Yrs 10 Mo 08 Das, all 

AMS . 

b.  Grade Status:  A1C -  5 Jun 03  (Vacation of Article 15, 11 Sep 03) 

SrA -  13 Jan 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 11 Sep 03, Vacation, Moody AFB, GA -  Article 92.  You, 

who knew of your duties, on or about 28 Aug 03, were 
derelict in the performance of those duties in that you 
willfully failed to not sleep while on duty, as it was 
your duty to do.  Reduction to A1C.  (No appeal)  (No 
mitigation) 

(2) 5 Jun 03, Moody AFB, GA -  Article 86.  You, did, on 

divers occasions between on or about 20 May 03 and on or 
about 23 May 03, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Suspended Reduction to AlC.  Restriction to base for 14 
days and 14 days extra duty. (No appeal)  (No mitigation) 

e.  Additional: LOR, 04 JUN 04 -  Failed to use proper hygiene. 

LOC, 25 APR 04 -  Failure to obey a lawful order and lack of 
LOR, 06 FEB 04 -  Failure to go at the time prescribed. 
LOR, 21 JAN 04 -  Failure to pay just debts. 
LOR/UIF, 15 MAY 03 -  Disrespect for authority and 

attention to detail. 

LOR/UIF, 21 APR 03 -  Continually late reporting to work, 

disobeying a direct order. 

over the past few months. 

over the past few months. 

LOR, 24 MAR 03 -  Failure to go at the time prescribed. 
LOC, 18 MAR 03 -  Failure to go. 
LOR, 16 JAN 03 -  Civilian arrest for Deposit Fraud. 
LOR, 06 JUN 02 -  Failure to Account for tools at end of 

shift. 

f.  CM:  None. 

g.  Record of SV: 13 Sep 00 -  12 May 02  Moody AFB  5  (Initial) 

13 May 02 -  12 May 03  Moody AFB  2  (Annua1)REF 
13 May 03 -  12 May 04  Moody AFB  1  (Annua1)REF 

h.  Awards &  Decs:  AFTR, NDSM, AFEM, AFOUA W/1 OLC, GWTEM, AFESR W/1 OLC. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (11) Mos  ( 2 7 )   Das 
TAMS:  (03) Yrs  (10) Mos  (08) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 31 Jan 05. 

(Change Discharge to Honorable) 

Issue 1:  I was informed by ADC at Moody AFB that I would receive (sic) my 

MGIB upon reciept  (sic) of a General Discharge.  The VA Dept has informed me 
this was incorrect.  Had I known that I would have requested a honorable 
discharge from my Wing Commander. 

Issue 2:  Difficulties in finding employment, have had multiple companies 

turn down applications. 

ATCH 
None. 

! 

DEPARTMENT OF THE AIR  FORCE 

347'CH AIRCRAFT MAINTENANCE SQUADRON (AFSOC) 

MOODY AIR  FORCE BASE, GEORGIA 

MEMORANDUM FOR A1 

FROM:  347 AMXS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct:  A Pattern 
of Misconduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this action is 
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, your service 
will be characterized as an Under Honorable Conditions (General) Discharge. I am recommending 
that your service be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On or about 6 Jun 02, you failed to account for tools prior to departure at the end of your 
duty day by not returning a 7/64 inch allen wrench socket which you signed for on an AF 
Form  1297.  For this offense you received a Letter of Reprimand (LOR) on 6 Jun 02 (Atch 
1 a). 

b.  On or about 13 Nov 02, you were arrested by the Lowndes County Sheriffs Department 

and charged with deposit fraud, where you wrote two insufficient funds checks to Wal Mart. 
For this offense you received a LOR on  16 Jan 03 (Atch lb). 

c.  On or about  18 Mar 03, you failed to go at the time prescribed to your appointed place of 
duty at the assigned hour.  For this offense you received a LOR on  18 Mar 03 (Atch lc). 

d.  On or about 24 Mar 03, you failed to go at the prescribed appointed time to your place of 
duty at the assigned hour.  For this offense you received a LOR on 24 Mar 03 (Atch Id). 

e.  On or about 9 Apr 03, you failed to go at the prescribed appointed time to your place of 

duty at the assigned hour. The offense established an Unfavorable Information File (UIF). 
For this offense you received a LOR on 21 Apr 03 and an UIF was established (Atch le). 

f.  On or about the week of 4-10 May 03, you conducted yourself in an unfavorable manner as 

a member of the Air Force. On 6 May, you continued to hammer metal cable wedges 
without wearing safety glasses after being told to put them on by a Senior 
Noncommissioned  Officer (NCO). On 8 May, you were in the process of assaulting another 
member of the unit until you saw a Senior NCO. For these offenses you received a LOR on 
15 May 03. This was also placed in the UIF (Atch 1 f). 

g.  You did on divers occasions between on or about 20 May 2003 and on or about 23 May 
2003, without authority, fail to go at the time prescribed to your appointed place of duty. 
For this offense you received Nonjudicial Punishment pursuant to Article  15, UCMJ, on 5 
Jun 03.  Punishment included a reduction to the grade of Airman First Class (suspended), 
restriction to the limits of Moody AFB, GA for 14 days and  14 days extra duty (Atch lg). 

h.  On or about 28 Aug 03, you were derelict in the performance of your duties by falling 

asleep while on duty.  For this offense the suspension of demotion to A1 C was vacated on 
11 Sep 03 (Atch 1 h). 

i.  On or about 16 Dec 03, it was discovered that you failed to pay a known debt to lSt Franklin 
Financial Company on a loan you contracted with them on 27 Aug 03.  For this offense you 
received a LOR on 21 Jan 04 (Atch li). 

j.  On 6 Feb 04, you failed to go to your prescribed appointed place of duty. For this offense 

you received a LOR on 6 Feb 04 (Atch lj). 

k.  On or about 25 Apr 04, you failed to dispose of unserviceable items after being ordered to 
do so by a Senior NCO.  Because of your disregard for discipline, you received a LOC on 
25 Apr 04 (Atch  lk). 

1.  On or about 3 Jun 04, you failed to use proper personal hygiene. For this offense you 

received a LOR on 4 Jun 04 (Atch 11). 

Copies of the documents to be forwarded to the separation authority in 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 United  States 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 and any special pay, bonus, or education 
assistance hnds may be subject to recoupment. The separation authority will make the findings 
and recommendations required under 10 U.S.C. Section 2005(g). 

3.  You have the right to consult counsel.  Military leg 
have made an appointment for you to consult Captain 
ELLIPSE, on  1 Jul04 at  1430 hours.  You may consult civilian counsel at your own expense. 

d to assist you.  I 
at 5 107 AUSTIN 

4.  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 this 
notification letter unless you request and receive an extension for good cause shown.  I will send 
them to the separation authority. 

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 Moody Air Force 
Base Hospital, Physical Exams, Building 3296, on 6 July 2004, at 0730 hours for the examination. 

7.  Any personal information you hmish in rebuttal is covered by the Privacy Act of 1974.  A copy 
of AFI 36-3208 is available for your use at 347 RQWIJA. 

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

commander, 347 AMXS 

Attachments: 
1.  Supporting Documents 
a.  LOR, dated 6 Jun 02 
b.  LOR, dated 16 Jan 03 
c.  LOR, dated 1 8 Mar 03 
d.  LOR, dated 24 Mar 03 
e.  LOR, dated 21 Apr 03 with AF Form  1058, UIF Action 
f.  LOR dated  15 May 03 with AF Form 1058, UIF Action 
g.  AF Form 3070, dated 5 Jun 03 
h.  AF Form 366, dated 11 Sep 03 
i.  LOR, dated 2 1 Jan 04 
j.  LOR, dated 6 Feb 04 
k.  LOC, dated 25 Apr 04 
1.  LOR, dated 4 Jun 04 

2.  Receipt of Notification Memorandum