AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 
--  -'---r a n i n n #  I? INITIAL) 

GRADE 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR OR(;ANIZATION 

TYPE GEN 
&m$fey: 

YES 

No 
X 

MEMBER SITTING 

I  AB 
X 
ADDRESS AND OR ORGANLZATION OF COUNSFI. 

RECORD REVIEW 

I 

ISSlLS 

A941 1 

INDEX NU3lBER 

I 

A67.50 

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EXHIBITS SUBMITTER TO TklE BOARD 

1 
2 

1 3 

4 

ORDER APPOINTWG THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
I.ETTf  K OF NOTIHCATION 
BRIEF OF PERSONNEL  FII,E 
COUNSE1,'S RELEASE TO I I1E RONID 
ADDI'I'IONAL EXHIBITS SUBMITTED AT TIME; OF 
PERSONAL APPEARANCE 

TAPE RECORDINL'I OF PERSONAL APPEARANCY 

HEARING DATE 
27 Jan 2006 
APPLICANT'S ISSUE N 

CASE NUMBER 

BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE A T T A C ~ D  AIR FORCE DISCHARGE REVleW BOARD DEClSlONAL RATIOWALE 

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Case heard at Washington, D.C.  The applicant was offered a personal appearance before the Discharge Review Board 
(DRB) via video teleconference  between the Florida State Armory, St. Augustine, Florida and Andrews AFB, MD on 27 
January 2006 but declined to exercise this right. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 
1 Names and votes will be made available to the applicant at the applicant's request. 

-.Pup- 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFR, 'TX  78 150-4742 

JNDORSEMrnT 

I 

- A   >  L 

-- 

FROM: 

DATE:  1127/2006 

-- 

--.- 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MU  20762-7002 

AFHQ FORM 0-2077, J A N  00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00460 

GENERAL:  The  applicant  appeals for upgrade  of  discharge  to  honorable.  The applicant  was  offered  a 
personal  appearance  before  the  Discharge  Review  Board  (DRB)  via  video  teleconference  between  the 
Florida State Armory, St. Augustine, Florida and Andrews AFB, MD but declined to exercise this right.  The 
attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  lJpgrade 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.  Applicant contends he was denied his G.I. Bill educational benefits.  He also contends his recruiter 
lied to him about his military career and that he was not promoted in grade after basic and technical school 
training based upon his pre-service participation in the Army JROTC Officer program and the JROTC Rifle 
Team.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant and 
his confusion about the nature of his military career but determined that these issues were not a matter of 
inequity or impropriety which would warrant an upgrade. 

Issue 2.  The applicant alleged his supervisor made racial statements and was racially biased.  The Board 
noted that the disciplinary actions against the applicant was undertaken by individuals other than the 
supervisor identified by the applicant.  Despite the applicant's assertions, the Board found no evidence of 
racial bias in the applicant's  discharge. 

Issue 3.  Finally, the applicant contends that he was "wronged" by this discharge.  He further asserted that he 
hadn't  received correctional custody or any type of discharge hearing.  The applicant is correct in his 
assertion.  However, his commander was not obligated to punish him with correctional custody under either 
Article 15, UCMJ action taken against him and the Board believed that sufficient rehabilitative processing 
was conducted by the applicant's unit prior to his discharge.  In addition, because the commander 
recommended the applicant's  separation with a general discharge, the applicant was not a noncommissioned 
officer, and the applicant had not served more than six years, he had no discharge board entitlement.  The 
Board concluded that the applicant's misconduct, as especially reflected in his numerous offenses under 
Article 86, UCMJ for failing to go to his appointed place of duty, was a significant departure from conduct 
expected of all military members.  The characterization of the discharge received by the applicant was also 
found to be appropriate. 

Issue 4.  The Board noted that the applicant's Air Force Overseas Short Tour Ribbon and his Small Arms 
Expert Marksmanship Ribbon were not reflected in his commander's recommendation for discharge or the 
base level legal review.  The Board concluded, however, that these omissions did not amount to prejudicial 
error. 

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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE RETIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AB) 

(HGH  AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Travis AFB, CA on 30 Sep 91 
UP AFR 39-10, para 5-47(b) (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB:  1 Jan 73.  Enlmt Age: 17 2/12.  Disch Age: 18 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-66,  G - 6 4 ,   M-57. PAPSC: 63130 -  Apprentice Fuels 
Specialist. DAS: 16 Dec  9 0 .  

b.  Prior Sv:  (1) AFRes 15 Mar 90 -  15 Aug  90  (5 months 1 day) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB  16 Aug 90  for 4 yrs. Svd: 1 Yrs 1 Mo 15 Das, all M S .  

b.  Grade Status:  AB -  29 Aug 91 (Article 15, 29 Aug 91) 

A m  -  16 Feb 91 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 29 Aug 91, Anderson AFB, Guam -  Article 86.  You did, 

on or about 16 Aug 91, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Reduction to AB.  (No appeal) (No mitigation) 

(2) 29 Aug 91, Anderson AFB, Guam -  Article 86.  You did, 
on or about 5 Aug 91, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Forfeiture of $100.00 pay.  Fifteen days restriction, 
and 15 days extra duty.  (No appeal)  (No mitigation) 

e.  Additional: RIC, 16 SUL  91 -  Financial irresponsibility. 

LOR,  03 JUN 91 -  Destruction of government property. 
LOR, 28 APR  91 -  Failure to go. 
AAFES  LTR, 14 FEB 91. -  Bad check. 
DD 1408,  06 J U N   90 -  Driving without a driver's license in 

his possession. 

f .  CM:  None 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM, AFOSSTR, SAEMR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  ( 6 )  Mos  (16) D a s  
TAMS:  (1) Y r s   (1) Mos  ( 1 5 )   D a s  

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 19 Oct  0 4 .  

(Change Discharge  to Honorable) 

ISSUES ATTACHED  TO B R I E F .  

ATCH 
1. Applicant's  Issues. 
2 .   DD  Form 2 1 4 .  

APPLICATION FOR 'THE  REVIEW  F DISCHARGE OR DISMISSAL 

FROM THE ARNlED  FORCE  OF THE UNITED STATES 

(piease read instructions on Pages  3 and 4 BEFORE completing this application.) 

9 

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Form Approved 
OMB No.  07W0004 
Expires Aug  31, 2006 

The  public reporling  burden for this  collect~on of  information is  est~rnared to average 30  minutes per  response,  including  tha time for reviewing instructions,  scorching axi5tiW data sources. 
gathering and maintainiw the data needed,  and completin~ and reviewiw the  collection of  information.  Send comments regardiw this burden estimata or  any other mpect of this collection of 
information,  including  supgesfions for  reducing the  burden,  to Department  of  Defense.  Washimton  Haadquarters  Services,  Diractorate  for  Information Operation.  and Reports 10704-00641, 
1215  Jefferson Davis  Highway,  Suite  1204. Arlington.  VA  22202-4302.  flespondenta  should  be  aware  that  notwithstanding any  other  provision of law.  no paraon shall  bo  subject t o  any 
penalty for  failing t o  comply  with a collection of information if it does  not display 4  currently  valid  OM0 control number. 
PLEASE DO  NOT RETURN YOUR  FORM TO THE ABOVE ADDRESS.  RFTURN COMPLETED FORM TO THE APFROPRIATE ADDRESS  ON BACK OF THIS PAGE.. 

PRIVACY ACT S f  ATEMENT 

AUTHORITY:  1 0  U.S.C.1553;  E.O.  9397. 

I PRINCIPAL PURPOSE(S1: TO apply for a  change i n  the characterization or  reason for military discharge issued t o  an individual. 
I ROUTINE USEIS): None. 
I Social Security N u m b e r  IS  n r ~ c t l y  to assure proper i d a n t i f ~ c a t ~ o n  of t h e  individuayand  appropriate  records. 
1. APPLICANT DATA (The persdn  whose discharge is  to be reviewed).  PLEASE PRINT OR  TYPE INFORMATION. 
a.  BRANCH OF SERVICE  IX one)  I 

DISCLOSURE: Voluntary;  however,  failure  t o  provide identifying information m a   impede processing o f  this application.  The request f o r  

1 ARMY 1 

COAST GUARD 

MARINE CORPS 

AIR  FORCE 

NAW 

b.  N A ~ F  11aw Xiircr  ~ i r l d f -  I ~ ; ~ ; S I I  

d.  SOCIAL SECURITY NUMBER 

4.  D~SCHARGE CHARACTERIZATION  RECEIVED  one/ 

2. DATEOF DISCHARGE  OR  sEy*wATlON 
YWYMMDDJ (If date is more than  15 
years ago, submit a DD Form  749 

3.  UNIT AND LOCATION AT D l   CHARGE OR 

SEPARATION bgSmh 

. 

C 

HONORABLE 
GENERAUUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT lSpemal court-martial only) 

mwa! 

bd. 

UNCHARACTERIZED 
OTHER lFxplain) 

5. BOARD ACTION REQUEST ED IX  one) 
 CHANGE TO HONORABLE 
- 

CHANGE TO GENERALIUNDER HONORABLE 
CONDITIONS 
CHANGE TO UNCHARACTERIZED 
[Not applicable for Air  Force) 
CHANGE NARAATIVE REASON FOR 
SEPARATION TO: 

NO  JUSTIFICATION FOR THE  REQUEST /Continue in Item  14. See instructions on Page  3.) 

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19. TYPE OF REVIEW REQUESTED (X one1 

C.  E-MAIL 

d. FAX NUMBER Ilnclude Area  Code) 

11. APPLICANT MUST SIGN IN ITEM 13.8. BELOW.  If the record in question is that of  a deceased or incompetent person,  LEGAL PROOF OF DEATH OR 

INCOMPETENENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the applicant,  indicate 
the name (print) 

and  relationship  by marking  a box  below. 

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S P ~ W F  

I wlnnw I WOWFR 

-1 NFXT 

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R F P ~ F N T A T  VF  I 

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

(Forward notification of any change in address.) 

OTHER  (Speclfy) 

b.  TELEPHONE  NUMBER Ilnc/ude Area Codel 
1 

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7 

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13. CERTIFICATION.  I makc the foregoing  statements,  as part of  my claim,  with full knowledge of the penalties involved for 

willfully  makina  a  false  statement or claim.  (U.S.  Code,  Title 18, Sections 287 and  1001, providc  that an individual shall be 
fined under this title or  imprisoned not more than 5 years,  or  both.) 

0  S I G N A T I  IELMXlI I I R F n   ~ A n n l i r a n d r  n ~ r r n n  h ltrm  I I 3hnvs1 

1 
/ 
Dl0 FORM-~~WA(JG-/~O~~ 

b.  DATE SIGNED - REQUIRED 

(YYYYMMDD) 

0e-f /Q 

PREVIOUS EDITIONS ARE  OBSOLETE. 

-  -  ..  - 

d.  FAX NUMBER finclude Area  Code) 
I 

CASE  NUMBER 

{Do not  wrlte in thls space.) 

Fn $4' 
o d T 7  

Page 1 of 4 Pages 

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s!nol '3s 'uo!s!n!a uoddns 

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DEPARTMENT O F  THE AIR  F O R C E  
HEADQUARTERS 633D AIR BASE WING  (PACAP) 

APO S A N  FRANCISCO 96334-5000 

. 

. 

i c a t i a n   L e t t e r  

13 Sep  91 

1  am recpmmendi,ng  your  d i s c h a r g e   f r o m   the United  S t a t e s   Air 

1. 
Farce  for  a  pattern o f   misconduct,  c a n d u c t   p r e j u d i c i a l   tb  goad 
order  and  d i s c i p l i n e .   The  authority f a r   t h i s   a c t i o n '   is AFR 
39-10, 
service w i
' r e c ~ r n n i e n d i n ~  t h a t   yo~b- service b e   t z h a r a c t e r i z e d   as general. 
2..  ky reasons far  t h i s   a c t i o n   are: 

l   b e   characterized  as  honorable  ar  g e n e r a l .   I am 

5-47b.  I S   m y   recammendatian  is approved,  your 

l

a. 

On  (3; 

abaut  16'Aug  91,  y-ab  failed t o  go to youk 

appointe,d p l a c d   of  duty. 

( A t c h   1,  G r t i r l e   15 d ' a t e d   29  A u g  

b.  On  or  a b a u t   5  Aug  '71,  yau  f a i l e d   t o   go  t o  your 

appointed  place o f   duty. 

( A t c h   2,  A r t i c l e   19 d,ated  22  Acig  91) 

c. 

O n   o r   abaut  5  July 91,  you failed to pay  your  account 
a t   the E n l i s t e d   Open  Mess..  I A t c h   3 ,  AF  F a r m   174  d a t e d   16  3 u l  
91 1 

A .  

d .  

t3;  or  about  25  May  91,  YOLI  w i l l f ~ ~ l l y  damaged government 

p r o p e r t y   b y   punching  a  h a l e   in a bathroom  door. 
LOR/UIF dated  3  Jun  91) 

f f i t c h  ' 4 ,  

e.  On  o r   about  28  Apr  91,  y a u   f a i l e d   t o  r e p a r t   to your 

a p p o i n t e d   place of  duty. 

( A t c h   5; LOR  dated  28 A p r   9 1 )  

f. 

tln  D r   about  14  F e b   91,  you wrote  a  bad  check  t o  t h e  

( A t c h   5 ,   A A F E S   F o r m   7200-75 d a t e d   14 Feb 

Guam M a i n   Exchange. 
91 1 

g .  

On  or  about  6  Jan  91,  you  v i o l a t e d   AFR  125-14  b y  

driving withct~cgh a  d r i v e r s   license i n   your  p a s s e s s i o n .  
7,  DD  Form  1408  d a t e d   b  Jun 90) 

f A t c h  

Copies  af t h e   dacuments  to be forwarded to the separation 
authority in s u p p a r t   a f   t h i s  recommendatian  a r e   a t t a c h e d .   The 
commander  e x e r c i s i n g   SPCM  j u r i s d i c t i o n   or  h i g h e r   authority w i l l  
decide whether  you wi  11  b e   d i s c h a r g e d   ar  r e t a i n e d   i n  t h e  A i r  
F o r c e   and, 
characterized.  If  you  a r e   d i s c h a r g e d ,   you  will  be  ineligible 
f c r   r e e n l i s t m e n t   i n  the A i r   Farce. 

i f  you  are discharged,  h a w   your  service w i

l   be 

l

. ,., 
. .  ,z; 

Fa-+ 

have  the right to consult counsel.  Military l e g a l  
has been obtained to assist you.  I  have  made an 
ent far you to consult t h e   Area  Defense Counsel, 

Eldg  21000,  36h-2281  a t   J J ? d ~ f ~ n  

.  You  m a y   consult eivi 1 ian counsel at your 

You  have  the right to submit statements in your'own  behalf. 

4. 
Any statements you want  the separation authority to considgr 
must  reach m e   by 
unless yo~t request 
and receive an  extension for good  cause shown.  I  will  send 
them  ta the separation authority. 

1  8  S  ~ j p  P 1 

5.  I f   you fail to c o n s u l t   counsel ar to submit statements in 
your  awn  behalf, your f ai lure wi 1 1  cansti t u t e   a waiver  a+ your 
right ta da so. 

6 .   You  have  been  scheduled f a r   a medical examination.  Y o u  
m u s t   report to the 6 3 3 d   Medical  Group at  a73d  haur-s  on 
2354t?t  9 1 
7.  Any  personal  information you furnish in rebuttal is covered 
by  the Privacy Act  Statement as explained  in AFR 39-lO, 
attachment 6.  A  copy of  AFR 39-10 is available %ar  your  use  in 
t h e  Unit Orderly Roam. 

far the examination. 

8.  Execute the attached acknowledgment and  return it to me 
i mmedi ate1 y. 

Commander 

Lt Col , USAF 

8 Atchs 
1.  Art  15, 29 Aug  '71 
2.  Art  15, 22  Aug  91 
3.  AF  F m   174,  16  J u l   91 
AF  Fm  1058, 3 Jun  91 
4. 
5.  LOR, 28 Apr  91 
6 .   AAFES  F m   7200-75, 

14  Feb  91 
DD Fm  1408, &  Jun 90 

7. 
8.  Rcpt  for 

Notification Ltr