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AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD 

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 TYPE  GEN 

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PERSONAL APPEARANCE 

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MEMBER SITTING 

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VOTE OF THE B W R D  

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GRADE 

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RECORDREVIEW 

ADDRESS AND OR ORGANUATION OF COUNSEL 

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ISSUES  A93.01 

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INDEX NUMBER 

A67.10 

$XHlBlT$ SUBMITTED TO THE BOARD 

1  ORDER APPOINTING TtIE BOARD 

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1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER  OF NOTlFICATlON 
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BRIEF OF PERSONNEL, FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAI. APPEARANCE 

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HEARING DATE 
27 Jan 2006 
MPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE  DISCUSSED ON THE ATTACHU) ALR FORCE DISCHARGE RIVIEW BOARD DECISIONAL RATIONALE 

FD-2004-00144 

CASE NIJMBER 

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Case heard at Washington, D.C., without the applicant's presence.  He did not appear for a scheduled personal appearance. 

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. 

' 

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
FWNDOLPH AFB. TX 781504712 

SECRETARY OF THE AIR FORCE PERSONNEL COIlNClL 
ALR FORCE DJSCHARCE REVIEW BOARD 
1535 COMMAND D R  EE WING, 3RD FLOOR 
ANDREWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00144 

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

'The applicant was offered a personal appearance before the Discharge Review Board (DRB) and scheduled a 
personal appearance via video teleconference, but failed to appear. 

?'he  following additional exhibits were submitted at the hearing: 

None 

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 impropriety that would justify  a change of discharge. 

ISSUE: 

Issue 1.  The applicant cited his desire to receive the (3.1. Bill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement that he understood he must 
receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to 
the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or 
impropriety which would warrant an upgrade. 

Issue 2.  Applicant contends that he should not be penalized indefinitely for a mistake he made when young. 
The DRB recognized the applicant was 22 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The Board opined the applicant was older 
than the vast maiority of first-term members who properly adhere to the Air Force's  standards of conduct, 
and also noted he was enlisted in the AF Reserves for 2 years prior to serving on active duty.  The DRB 
concluded that the characterization  of the applicant's discharge was appropriate due to the misconduct. 

Issue 3.  The applicant stated he was told his discharge could be upgraded in six months.  The DRB noted 
the issue was common, the result of miscommunication.  While a discharge may be upgraded after six 
months, the upgrade is by no means automatic.  A discharge is upgraded only if the applicant and the DRB 
can establish an inequity or impropriety took place at the time of discharge.  In this case, none was found, so 
the Board denied the appeal. 

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 Rrief 

DEPARTMENT OF THE A I R   FORCE 

AIR  FORCE DISCHARGE REVIEW  BOARD 

ANDRFWS  AFB,  MD 

(Former AB)  (HGH A1C) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Randolph AFB, TX on 18 D e c   02 
UP AFI 36-3208, para 5 . 4 9   (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 7 Sep 80.  Enlmt Age: 18 11/12.  Disch Age: 22 3/12. Educ: HS DIPL. 
AFQT: N/A.  A-63,  E-25,  G-27,  M-14. PAFSC: 3P031 -  Security Police Apprentice. 
DAS: 7 Jan 02. 

b.  Prior Sv: (1) AFRes  25 Aug 99 -  27 Sep 01.  Svd:  2 yrs 1 month 2 days, 

of which AMS is 4 months. 

3 .   SERVICE UNDER  REVIEW: 

a.  Enlisted as A m  28 Sep 01 for 4 yrs. Svd: 1 Yrs 2 Mo 20 Das, all AMS. 

b.  Grade Status:  AB  -  21 Nov 02 (Article 15, 21 Nov 02) 

A m  -  7 Oct 02  (Vacation of Ar~icle 15, 21 Nov 02) 
A1C -  28 Jul 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 21 Nov 02, Randolph AFB, TX -  Article 107.  You, did, 
on or about 18 Oct 02, with intent to deceive, make to 
SSgt 
official statement, to wit: "I was not present during 
the altercation or see or hear anything," or words to 
that effect, which statement was totally false, and was 
then known by you to be so false.  Reduction to AB,  and 
14 days extra duty. (No appeal) (No mitigation) 

i  Security Forces Investigator, an 

(2) 21 Nov 02, Vacation, Randolph AFB, TX -  Article 107. 

You, did, on or about 18 Oct 02, with intent to deceive, 
Security Forces Investigator, 
make to S S g t  
an official scaeemenc, to wit:  "1 was not present during 
the altercation or see or hear anything," or words to 
that effect, which statement was totally false, and was 
then known by you to be so false.  Reduction to Airman. 
(No appeal)  (No mitigation) 

(3) 7 Oct 02, Randolph AFB, TX -  Article 86.  You, did, on 

or about 24 Sep  02, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Article 91.  You, having received a lawful order from 

a noncommissioned officer, then 

T S g t  
known by you to be a a noncommissioned officer, to "work 
on your CDC1s" or words to that effect, an order which 
it was your duty to obey, did, on or about 24 Sep 02, 
willfully disobey the same.  Suspended reduction to 
Airman, forfeiture of $ 2 0 0 . 0 0   pay per month for 2 
months, and 30 days restriction. (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 19 SEP 02 -  Missed two mandatory appointments. 

LOR, 16 APR  02 -  Misappropriation of a government credit 

card. 

f .   CM:  None. 

g .   Record of SV:  None. 

h.  Awards &  Decs:  AFOUA. 

i.  Stmt of S v :   TMS: ( 3 )   Yrs  ( 3 )   Mos  ( 2 4 )   Das 
TAMS:  (1) Yrs  ( 6 )  MOS  (21) D a s  

4 .   BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 14 Apr 04. 

(Change Discharge to Honorable) 

Issue 1:  I ,  

would like to request an upgrade on my discharge 

from honorable under general conditions to honorable.  1 was discharged over a 
year and a half ago.  At the time of my discharge, I was told if I stayed  (sic) 
out of trouble for six months, I could get my discharge upgraded.  The main 
reason I am requesting an upgrade is for educational purposes.  I would like to 
use my Montgomery G.I. bill  (sic) to continue my education.  While in the 
military I had a hard time adapting to the lifestyle of the Armed Forces.  I was 
a security forces member, and I grew frustrated that my schedule would not allow 
me to attend classes.  I joined the military to get an education, save money, 
travel, get leadership skills, and meet people from different backgrounds from 
my self. 

ATCH 
1. DD Form 2 1 4 .  

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR AB 

w --- 

-7- 

FROM:  12 SFSICC 

SUBJECT:  Notification Memorandum-Administrative  Discharge 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is Air Force Policy Directive 36-32 and Air Force 
Instruction 36-3208, Chapter 5, Paragraph 5.49.  If my recommendation is approved, your service 
will be characterized as Honorable or General.  I am recommending your service be characterized 
as General. 

2.  My reasons for this action are as follows: 

a.  On or about 18 Oct 02, you made, with the intent to deceive, to SSgt 

Security 
Forces Investigator, an official statement, to wit: "I  was not present during the altercation or see 
or hear anythmg,",  or words to that effect, which statement was totally false, and was then known 
by you to be so false. For this action, you received vacation of Article 15, UCMJ, (dated 7 Oct 
02) on 21 Nov 02 and punishment under Article 15, UCMJ, dated 2 1 Nov 02, which was filed in 
your Unfavorable Information File (UIF). 

b.  On or about 24 Sep 02, without authority, fail to go at the time prescribed to your 

appointed place of duty; and you, having received a lawful order from TSgt 
a 
non-commissioned officer, then know by you to be a non-commissioned officer, to "work on 
your CDC's"  or words to that effect, an order which it was your duty to obey, did, on or about 
24 Sep 02, willfully disobey the same.  For this action, you received an punishment under 
Article 15, UCMJ, dated 7 Oct 02, which was filed in your UIF. 

c.  On or about 13 Sep 02, you failed to go at the time prescribed to your appointed place of 

duty.  For this action, you received a Letter of Reprimand &OR),  dated 19 Sep 02. 

d.  On or about 16 Apr 02, you were derelict in the performance of your duties in that you 

willfully failed to refrain fiorn using your Bank of America Govenment Travel Card for other 
than authorized official travel.  F& this action, you received an LOR, dated 16 Apr 01. 

3.  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 Air Force.  ]If you 
are discharged, you will be ineligible for reenlistment in the Air Force and will probably be 

denied enlistment in any component of the armed forces.  Any special pay, bonus, or education 
assistance funds may be subject to recoupment. 

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  An appointment has been made for you to consult Cap' 
on  12 a&@, C ) k  . You may consult 
Counsel, Bldg. 399, Room B-40 (7-2274) at  l W 0  
civilian legal counsel at your own expense. 

Area Defense 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me by  q&.,m  unless you request and receive 
an extension, in writing, for showing good cause.  I will send them to the separation authority. 

6.  If you fail to consult counsel or 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  & ~ j r  
14 10 
early. 

on  y DEC 02  . You will be seen by& 

- . Please report 15 minutes 

at 

8.  You must rennrt tn  17. MSSIDPMhRS (Separations), 12 MSSIFMFC (Finance),  12 CESICEH 
and 12 MSS/DPS (Family Support Center) within 24 hours of this 
(Base Housing- 
notification. 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act.  A copy of 
AFI 36-3208 is available for your use in the unit personnel office. 

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

Attachments: 
1.  Supporting Documents 

a,  AFForrn 1137 
b.  Art. 15, dtd 21 Nov 02 
c.  Vacation of Suspended NJP, dtd 2 1 Nov 02 
d.  Art 15, dtd 7 0ct 02 
e.  Written presentation for Art. 15, undated 
f,  LOR, dtd 19 Sep 02 
g.  LOR, dtd 16 Apr 02 

2.  Member's Receipt of Notification Memorandum 
3.  Stmt of Understanding/Recoupment Statement