NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

'YpE  GEN 
COUNSEL 

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1

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I X  
I NAME O F  COUNSEL AND OR ORGANlZATlON 

PERSONAL APPEARANCE 

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AMEMCAN LEGION 

MEMBER SITTING 

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ADDRESS M D  OR ORGANlZATlON O F  COUNSEL 

1  1608 K STREET NW  WASHINGTON DC 20006 

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VOTE O F  THE BOARD 

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ISSUES  A94.06 
A93.22 

WDEX NUMBER 

A67.10 

HEARING DATE 

CASE NUMBER 

1 
2 
3 
4 

X+ 
'  EXHIBITS SUBMITTED TO THE BOARD 
ORDER APPOINTING THE BOARD 
APPLICATION FOR  REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

01 Nov 2005 
API'I  ICANT'S ISSUE AKD THE BOARD'S DECISIOKAI.  RATIONAL ARE DISCUSSED ON TliE ATTACHED AlR FORCE DISCHARGE REVIEW BOARD 1)tCISIONAL  RATIOKALE 

FD-2005-00300 

I 

I 

I 

2ase heard at Washington, D.C. 

4dvise applicant of the decision of the Board. 

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

!-  CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY 

. -. 

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

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR,  EE w m e ,  ~ R D  n o o R  
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-2005-00300 

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

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB on 01 
Nov 2005. The following witnesses also testified on the applicant's behalf:  Mr. M.O. and Mrs. B. 0. 

The following additional exhibits were submitted at the hearing: 

Exhibit 5: Applicant's  Contentions 
Exhibit 6: CCAF Graduation Notification Ltr, 15 Apr 05 
Exhibit 7:  UMUC Graduation Notification  Ltr, 31 Oct 05 
Exhibit 8:  Aviano Yearly Climate Report 
Exhibit 9:  Three Character Statements (SrA W, SrA S., and SSgt W.) 
Exhibit  10:  31 FWICC  Sponsorship Policy Program Ltr,  15 Sep 04 
Exhibit 1 1 : IG Ruling, 12 Jul05 
Exhibit 12:  Terminal Leave Forms 

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

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 reason and authority for discharge inequitable. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh and medical problems prevented him 
from performing his duties.  The records indicated the applicant received an Article  15, a vacation action, one Letter of 
Reprimand, one Letter of Counseling, two Records of Individual Counseling, and a traffic ticket.  His misconduct 
included late for duty, failure to go, false official statement, dereliction of duty, sleeping on duty on two occasions, and 
speeding.  While the Board did not condone applicant's misconduct, which was a departure from conduct expected of 
all military members, they also noted applicant was not involved in serious criminal misconduct, and there were 
extenuating circumstances that may have predicated some of the incidents.  But for these offenses, applicant was a 
good airman and citizen, and has continued to be a good citizen since his discharge.  Therefore, the Board found 
sufficient mitigation  at this time to render the characterization of the discharge received by the applicant too harsh. 
The Board found the evidence submitted by the applicant sufficient to warrant an Honorable discharge and to change 
the reason and authority for the 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, 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 and the reason for the discharge is more  accurately  described 
as Secretarial Authority.  The applicant's  characterization  and reason  for  discharge  should be changed  to Honorable 
and Secretarial Authority; 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 Shaw AFB, SC on 27 Jun 05 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary ~nfractions). Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 4 Jul 81.  Enlmt Age: 17 7/12.  Disch Age: 23 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-43,  E-47,  G-34,  M-27. PAFSC: 2W151 -  Aircraft Airlift Armaments 
Systems Journeyman. DAS: 27 Mar 03. 

b.  Prior Sv: (1) AFRes 26 Feb 99 - 20 Jul 99 (4 months 25 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 21 Jul 99 for 6 yrs. Svd: 5 Yrs 11 Mo  06 Das, all AMS. 

b.  Grade Status:  A1C -  7 Jan 05  (Vacation of Article 15, 14 Feb 05) 

SrA -  21 Nov 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 14 Feb 05, Vacation, Aviano AB,  Italy -  Article 92. 

You, who knew of your duties, on or about 22 Jan 05, 
were derelict in the performance of those duties in that 
you willfully failed to wear your BDU top and carry your 
military identification card, as it was your duty to do. 
Reduction to AlC.  (No appeal) (No mitigation) 

(2) 7 Jan 05, Aviano AB,  Italy -  Article 92.  You, who knew 
of your duties, on or about 30 Nov 04, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from sleeping on duty, as it was your 
duty to go.  You, who knew of your duties, on or about 9 
Dec 04, were derelict in the performance of those duties 
in that you willfully failed to refrain from sleeping on 
duty, as itwas your duty to do.  Suspended reduction to 
AlC.  Forfeiture of $250.00 pay, 20 days extra duty, and 
a reprimand. (No appeal) (No mitigation) 

e.  Additional: LOC, 24 JAN 05 -  Failure to go. 

LOR, 06 DEC 04 -  False official statement. 
RIC, 20 OCT 04 -  Late for duty. 
TRAFFIC TICKET, 15 DEC 03 -  Speeding. 
RIC, 25 NOV 03 -  Late for duty  (Listed on Legal Review, but 

missing from file) 

f.  CM:  None. 

g.  Record of SV: 21 Jul 99 -  20 Mar 01  Hill AFB  3  (Initial) 

21 Mar 01 -  14 Dec 01   ill AFB  4  (CRO) 
15 Dec 01 -  16 Dec 02  Kunsan AB  5  (Annual) 
17 Dec 02 -  16 Dec 03  Avian0 AB  4  (Annual) 
17 Dec 03 -  16 Dec 04    via no  AB  3  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFLSAR, KDSM, GWOTEM, GWOTSM, AFOUA, AFTR. 

i.  Stmt of Sv:  TMS:  (06) Yrs  (04) Mos  (01) Das 
TAMS: (05) Yrs  (11) Mos  (06) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 22 Jul 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues. 
2. Eight Character References. 
3. Memo, Impact of Fatigue On Duty Performance, 23 Mar 05. 
4. Memo For 31 AMXS/CC, Medical Background, 22 Mar 05. 
5. Doctor's Report, 22 Mar 04. 
6. Character Reference. 
7. Letter of Appreciation. 
8. Medical Documentation. 
9. Witness Statement, 1 Jul 05. 
10. Chronological Record of Medical Care. 
11. Medical Assessment. 

DEPARTMENT OF THE AIR FORCE 

pw5--A 

8 July 2005 

MEMORANDUM FOR SAFMRBR 

FROM 

SUBJECT:  Discharge Upgrade 

1. To whom it may concern, I am writing this response to respectfully request that my general 
discharge be upgraded to an honorable discharge.  I understand that I received an Under 
Honorable Conditions (General) discharge for misconduct-minor disciplinary infractions. 

2. I would like to take the opportunity to respond briefly to some of them. 

a.  On or about 21 November 2003, I failed to report on time for duty.  I was late for work 
that day because my uncle had been involved in a serious vehicle accident.  I spoke with 
the first shirt about the accident and was given the prior day off.  On that day I went and 
spoke with a chaplain, but I was still rattled by the whole incident, and unable to sleep. 
When I finally fell asleep, I was really tired because I didn't  sleep the day before, and I 
overslept. 

b.  On or about  15 December 2003, I received an Armed Forces traffic Ticket for speeding. 
For this incident, four points were assessed against my driving record.  On 15 December 
2003, I was working on mid-shift, and the day before I was told by my expeditor that I 
was a sponsor to 
from our shop. 
to pick him up.  I told the expeditor, who released me to pick him up, but he told me to 
hurry u 
and get 
him to be late on his first day to work, and I wanted to get back to help my crew. 

y crew was in the middle of a job.  I left the shop at about 071 0 to go 
When I came back on base I was in a hurry because I didn't  want 

and he was going to catch a ride with another airman 
-at 
work.  He told me that no one showed 

c.  On or about 20 October 2004, nearly one year after I was first late to work, I failed to 
report on time for duty.  That month, there was an excessive amount of rain which was 
causing mold to grow. I am allergic to mold, and my allergies were acting up.  I was also 
diagnosed with having enlarged tonsils, which caused me to get sick frequently. On 19 
October 2004 I was standing outside in the rain for the majority of the day and the next 
day I had a fever, and was really sick.  I opted not to go to sick call because we were low- 
manned and my supervisor told me that after roll call I was not going to be allowed to 
leave.  He let me leave to get my medicine; I then returned to the shop four minutes late. 

d.  Concerning the offenses for which I received an Article 15, I was derelict in the 

performance of my duties in that I was found sleeping on duty.  I have sleep Apnea which 
is a serious disease with many side effects. Documented side effects include: excessive 

drowsiness, headaches, fatigue, depression, irritability and falling asleep whle at work, 
on the phone, or driving. I was also working mid-shift, and I had to escort an Airman 
whom I was sponsoring during his day-shift.  I made many attempts to tell my supervisor 
about the overload and my medical conditions, but no action was taken.  I was simply 
exhausted and not sleeping well. 

3.  I do not reference these incidents to avoid accountability; I just feel that some of the incidents 
could have been avoided if there had been better communication between myself and my 
supervisor. The majority of my problems began in September 2004, because I was dealing with 
an assortment of different medical conditions, mainly sleep apnea. I was also dealing with other 
medical conditions like insomnia, tonsillitis, adenoiditis, bronchitis, etc, which are indicated in 
my medical records. At times my health problems made it extremely difficult for me to 
concentrate. I made many attempts to seek medical help, I also notified my supervisor of medical 
problems. In March 2005 I had surgery in order to fix a lot of these problems.  Five of the seven 
disciplinary infractions were in the last six months while I was dealing my medical condition, 
and the two infractions were a direct result of my sleeping disorder. My ongoing health problems 
at the time were extremely difficult for me, both mentally and physically.  I am sorry that I 
allowed my personal problems to affect my work performance, which eventually led to my 
separation.  However, I feel I was able to learn from the above incidents and have since gotten 
my life under control. Since my surgery my health has improved. 

4.  The Air Force was an overall great experience for me.  I was able to serve  for 5 years and 11 
months.  I joined  the Air Force because of a sincere desire to serve my country and make a 
difference; I also wanted to see new things and experience different cultures. The military is very 
important to me. My father retired after 23 years of service; I also have two younger brothers in 
the Army fighting in Iraq.  I have always had great respect for the military and those who serve. 
I will always be grateful for the many lessons that I learned and my personal development while 
serving in the military.  I wanted the opportunity to help other people the same way other people 
have helped me.  The last six years have been wonderful for me.  I was able to attend school, 
travel, and meet some really great people. While deployed down range to Qatar last year, I was 
one of three weapons troops chosen to forward deploy Baghdad, Iraq, to help recover an F-16 
that had to divert due to a broken hydraulic pump. I have also been a part of numerous squadron 
functions, and I'm  an active member with AADD. 

5.  The Air Force means a lot to me, and I regret my enlistment was cut short due to minor 
disciplinary infractions, which were caused by medical problems.  I have already taken steps to 
start giving back to the military community that has given me so much by starting a project that 
will hopefully bring a taxi service to Aviano AB. I believe that this project will improve the 
living conditions for military members serving at Aviano AB. I also believe that this project has 
the potential to save a life. 

6.  An Honorable discharge means a lot to me and my family, and I believe it is what most 
accurately reflects my performance as an Airman.  This is why I respectfully ask you to please 
consider upgrading my discharge from a general to an Honorable Discharge. I have a family that 
I must provide for. Please consider the above information and the following attachments before 
making your final recommendation.  I just want the opportunity to become a productive citizen, 

and provide for my family. I know an Honorable discharge will equip me to be able to provide a 
better life for me and my family.  Thank you. 

RONALD WHERRY 

MEMORANDUM FOR 3  W/  C \% 

FROM:  3 1 FW/JA 

SUBJECT:  Admi 
SSN: 

arge Action, AlC 

JUN  1 0  2005 

1.  I have reviewed the following conditional waiver of discharge board and find it legally 
sufficient.  On 26 May 2005, the respondent submitted a conditional waiver of board hearing for 
misconduct.  This case is forwarded to you, as the Separation Authority, in accordance with AFI 
36-3208, paragraph 6.26, for action. 

2.  Background: 

a.  The respondent is a 23-year-old Airman First Class, assigned to the 3 1  Aircraft 

Maintenance Squadron (3 1 AMXS).  His TAFMSD is 2 1 July 1999 and he began his 6-year 
enlistment on 2 1 July 1999.  His delayed enlistment date is 26 February 1999.  He was assigned 
to his present unit on 27 March 2003.  His AQE scores are Admin - 43, Elect - 47, Gen - 34, 
and Mech - 27.  The respondent has received five Enlisted Performance Reports (EPRs) with 
one rating of "5,"  two ratings of "4,"  and two rating of "3."  He is entitled to wear the Air Force 
Training Ribbon, the National Defense Service Medal, the Air Force Longevity Service Award, 
the Air Force Good Conduct Medal, the Air and Space Campaign Medal, the Korean Defense 
Service Medal, and the Global War on Terror Service Ribbon. 

b.  On 17 May 2005,3 1 AMXSICC notified the respondent of his recommendation to forward 

the case to an Administrative Discharge Board with a recommendation of an Under Honorable 
Conditions (General) discharge under the provisions of AFI 36-3208, Chapter 5, paragraph 5.49, 
for Misconduct:  Minor Disciplinary Infractions.  The respondent is entitled to a board hearing 
according to AFI 36-3208, paragraph 6.2.2, however, he has submitted a conditional offer to 
waive this entitlement. 

3.  Basis for Discharge:  In accordance with AFI 36-3208, paragraph 5.49, a pattern of misconduct 
consisting solely of minor disciplinary infractions in the current enlistment makes an Airman subject 
to discharge.  The infractions under this section may involve failure to comply with nonpunitive 
regulations or minor offenses under the UCMJ.  Infractions of this type result, as a rule, in informal 
(reduced to writing) or formal counselings, letters of reprimand, or Article 15 nonjudicial 
punishment. 

4.  Summary of Evidence for the Government: 

a.  On 26 November 2003, the respondent received a Record of Individual Counseling (RIC) 

for failing to report for duty on time. 

"Return With Honor" 

b.  On or about 15 December 2003, the respondent received an Armed Forces Traffic Ticket 

and four points assessed against his driving record for speeding. 

c.  On 20 October 2004, the respondent received an RIC for failing to report for duty on time. 

d.  On 6 December 2004, the respondent received a Letter of Reprimand (LOR) for making 

false statements that he had pink eye and had scheduled doctors appointments.  He was released 
from duty based on his false statements. 

e.  On 7 January 2005, the respondent received an Article 15 for being derelict in the 

performance of his duties in that he was found sleeping on duty.  Additionally, this action was 
used to establish his Unfavorable Information File (UIF). 

f.  On 24 January 2005, the respondent received a Letter of Counseling (LOC) for failing to 

show for a mandatory Maintenance orientation appointment. 

g.  On  14 February 2005, the suspended portion of the Article  15 punishment was vacated due 

to the respondent being derelict in the performance of his duties in that he failed to wear his 
BDU top and cany his military identification card.  Additionally, the Vacation Action was added 
in his UIF. 

5.  Summary of Evidence for the Respondent:  The respondent consulted with military defense 
counsel and submitted a Conditional Waiver of Board Hearing memorandum waiving his right to 
an administrative board hearing on the condition that he receive no less than an Under Honorable 
Conditions (General) service characterization.  The respondent did not submit additional matters. 

6.  Discussion: 

a.  A basis for discharge exists and the respondent shouId be discharged under that 

provision.  In accordance with AFI 36-3208, paragraph 5.49, a pattern of misconduct consisting 
solely of minor disciplinary infractions in the current enlistment makes an Airman subject to 
discharge.  Minor disciplinary infractions are defined, for this purpose, as failure to comply with 
nonpunitive instructions or minor offenses under the UCMJ that result in informal (reduced to 
writing) or formal counselings, LORs, or Article 15s. In his current enlistment, the respondent has 
received one Armed Forces traffic ticket, two RICs, one LOC, one LOR, an Article 15, a Vacation 
action, and the establishment of a UIF.  Based on the respondent's substantial record of misconduct, 
he should be discharged. 

b.  The respondent should receive a General discharge.  According to AFI 36-3208, table 
1.3, Rule 1 1, the service of persons identified for discharge for misconduct may be characterized 
as Honorable, Under Honorable Conditions (General), or Under Other Than Honorable 
Conditions (UOTHC).  An Honorable discharge is warranted when the quality of the Airman's 
service generally has met Air Force standards of acceptable conduct and performance of duty or 
when a member's  service is otherwise so meritorious that any other characterization would be 
inappropriate.  A general discharge is appropriate when "significant negative aspects of the 
Airman's conduct or performance of duty outweigh positive aspects of the Airman's military 
record."  A UOTHC is appropriate when basing the reason for separation on a pattern of 
behavior or one or more acts or omissions that constitute a significant departure fiom the conduct 

"Return With Honor" 

expected of Airman.  In this case, 3 1 AMXSICC recommended a General service 
characterization. 

c.  Probation and Rehabilitation  (P&R).  According to AFI 36-3208, paragraph 7.2.7, the 

separation authority may offer P&R in any case where there seems to be a reasonable 
expectation of rehabilitation.  The respondent's clear disregard for military standards 
demonstrates his poor rehabilitative potential.  Therefore, I do not recommend probation and 
rehabilitation in conjunction with this discharge. 

7.  Errors and Irregularities:  We find no errors or irregularities prejudicial to the respondent's 
substantive or procedural rights. 

8.  Options:  According to AFI 36-3208, Chapter 6, paragraph 6.26, as the separation authority 
in this case, you may: 

a.  Reject the conditional waiver and direct the respondent either submit an unconditional 

waiver or a request for a board hearing; or 

b.  Recommend acceptance of the conditional waiver and forward this case to 16 AFICC for 

approval. 

5.  Recommendation:  I recommend you accept the respondent's conditional waiver of his right 
to a discharge board and recommend that the respondent receive an under honorable conditions 
(General) discharge.  A proposed memorandum for your signature is p c h e d .  

- p u t y  Staff Judge Advocate 

Attachments: 
1.  Commander's Recommendation 
2.  Copy of Notification Memo wlatchs 
3.  Receipt of Notification MemoExtension LtrICondi tional Waiver LtrRecoupment Ltr 
4.  EPRs 
5.  Medical Examination 
6.  6-Part RIPAD Card LtrIFinance Ltr 

"Return With Honor"