AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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TYPE  HON 

PERSONAL APPEARANCE 

X 
NAME OF COUNSEL AND OR ORGANIZATION 

GRADE 

AMN 

AFSNISSAN 

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RECORD REVIEW 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

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No 

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MEMBER SITTING 

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VOTE OF THE BOARD 

GEN 

UOTHC 

I  OTHER 

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DENY 

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ISSUES 

A94.05 

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INDEX NUMBER 

A67.50 

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EXHIBITS SUI)MWHGD TQ THE BOARD 

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1  I  ORDER APPOR\ITR\IG THE BOARD 
2  (  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
1  4  1  BRIEF OF PERSONNEL FILE 

HEARING DATE 

CASE NUMBER 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

/  TAPE RECORDR\IG OF PERSONAL APPEARANCE HE 

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14 Nov-2006 
A P P U C M S  ISSUE AND Me BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE R R l E W  BOARD DECISIONAL RATlONALE 

FD-2005-00086 

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Case heard in Washington, D.C. via video teleconference with Travis AFB, CA. 

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. 

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 WING, 3RD FLOOR 
ANDREWS AFB.  MD 10761-7001 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00086 

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

The applicant appeared and testified before the Discharge  Review Board (DRB), without counsel, at Travis AFB, CA 
via video-teleconference with Andrews AFB on 14 Nov 2006. 

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:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant 
received seven Letters of Counseling, four Letters of Reprimand, an Article  15, and a Vacation action for misconduct 
that included repeatedly  reporting late for work, sleeping on duty, making a false official statement, leaving the local 
area while on telephone standby, failing to return a borrowed car, uniform violation, and failure to have car insurance. 
The applicant attributed his problems to depression due to the stress of military service, financial problems related to a 
large debt he incurred prior to entering service, being away from home and relationship problems with his girlfriend. 
During testimony, the applicant reported that he had experienced problems with depression since age 15.  Evidence of 
the record and testimony revealed difficulties with college and employment during the four years following graduating 
from high school leading up to the time of enlistment into the Air Force.  While the applicant attributed reporting late 
and sleeping on duty to  depression, in testimony he  admitted many  of these instances were related to  use of alcohol 
and  working  off  duty  jobs  to  pay  his  pre-service  incurred  debt.  Review  of  medical  documentation  confirmed 
appropriate medical evaluations including mental health evaluation that concluded he was responsible for his conduct. 
Evidence of the medical record  did not  show that his  mental health provider  considered his  symptoms of depression 
warranted disability  evaluation, and at the time of separation medical examination the applicant reported  feeling well. 
The applicant felt  that  his  unit  did not offer  any help  but  the Board  noted that  the applicant was provided  financial 
counseling, alcohol abuse counseling, and mental health counseling.  The board noted multiple instances in the service 
medical  record  when  the  applicant  declined  help  recommended  by  health  care  providers.  After  considering  the 
applicant's  assertions,  the  evidence  of  the  record  and  testimony,  the  Board  concluded  that  many  instances  of 
misconduct were clearly unrelated to his feelings of depression and that his reporting  late and sleeping on duty were 
predominantly due to poor judgment  and misuse  of alcohol.  The DRB opined that through the administrative actions 
on the part of his  supervisors and the help  offered through medical and other base agencies, the applicant had  ample 
opportunities to change his negative behavior.  The Board concluded the misconduct was a significant departure from 
conduct expected of all military members.  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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Offutt AFB, NE on 2 Jun 03 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: 5 Aug 79.  Enlmt Age: 21 11/12.  Disch Age: 23 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-90,  E-84,  G-84,  M-76. PAFSC: 2T251 - Air Transportation 
Journeyman.  DAS: 18 Feb 03. 

b.  Prior Sv:  (1) AFRes 1 Aug 01 -  15 Aug 01 (14 Days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 16 Aug 01 for 4 years. Svd: 01 Yrs 09 Mo 18 Das, all 

AMS . 

b.  Grade Status:  Amn  -  21 Oct 02  (Vacation of Suspension, 10 Apr 03) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 10 Apr 03, Vacation, Offutt AFB, NE -  Article 86.  You 
did, on or about 13 Mar 03, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  Reduction to Amn.  (No appeal) (No mitigation) 

(2) 21 Oct 02, Offutt AFB, NE -  Article 86.  You did, on or 

about 23 Sep 02, without authority, fail to go at the 
time prescribed to your appointed place of duty.  You 
did, on or about 24 Sep 02, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  Artile 92.  You, who knew it was your duties, on 
divers occasions, between on or about 26 Aug 02 and on 
or about 29 Aug 02, were derelict in the performance of 
those duties in that you negligently failed to refrain 
from sleeping while on duty, as it was your duty to do. 
Suspended Reduction to Amn.  Fourteen days extra duty 
and Reprimand. (No appeal) (No mitigation) 

e.  Additional: LOR, 6 MAY 03 -  Failure to comply with law by not having 

insurance on your car. 

LOC, 1 APR 03 - Failure to comply with Air Force Dress and 

LOR, 1 APR  03 - Making a false official statement. 

Personal Appearance. 

LOC, 19 MAR 03 -  Failure to go at the time prescribed. 
LOR, 1 JUL 02 -  Dereliction of duty. 
LOR, 26 APR 02 -  Borrowed a Car and failed to return it in 

a timely manner. 

VC, 18 APR 02 -  Late to work. 
LOC, 19 APR 02 -  Multiple time you failed to go at the time 

LOC, 17 FEB 02 -  Left the local area while on phone 

prescribed. 
standby . 

LOC, 18 DEC 01 -  Late for Class. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (01) YrS  (10) Mas  (01) Das 
TAMS: (01) Yrs  (09) Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 16 Feb 05. 

(Change Discharge to Honorable.) 

Issues Attached to Brief. 

ATCH 
1.  ~pplicant's Issues. 
2.  Copy of DD Form 214. 
3.  Extracts from Medical Records. 
4.  Character Reference. 

7.  SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Security Number on each document.) 
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; WILL NOT BE  UIBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

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ARE  USTED BELOW AND ARE ATTACHED TO  THIS APPLICATIOIY: (Continue on a plam sheet ofpaper if m m  space is needed.) 
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a.  DOCUMENT 1 : 
Clinical Dwression Diagnosis from Dr.: 
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b.  DOCUMENT 2: 
Mental Health Records between the time periods of 19JAN02 - 02JUN03 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
c.  DOCUMENT 3: 
A character letter addressed fiornl- -- --- ----- --- 
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8.  ISSUES 

i my former elementary school principle and Marine veteran. 

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The Board will consider any issue submitted by you prior t o  closing the case for deliberation.  The Board will ako review the case t o  

determine whether there are ahy issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
wrlting t o  issues of concern to you unless those issues are listed or incorporated by specific reference below.  Carefully read the instructions 
that pmein to Block B prior to completing this part of the application.  If you need more space,  submit additional issues on an attachment. 
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visikbthementat health fitcility between-the -time periodof-ldJAMQ2 - 0 3 W 3 d  the - 

-I-weaM%e to have theboardieview r n j ~  generat mder-hm~mb!ecim&tions &e@gebased  on-my medical evideaee 
-myfrequent 
-doctors-biaposis of elinid depression-caused bymy milItilrysemke; E believe my typeof-discharge wasinequitable- 
miberhrgmy-commandwtts a w m 1  was suffering~omdepression but deniebqkave whFhad r-tebit 
to - 
-regroup-myself; They chose htead-to-discharge me due to miscmduct which lattest tube caused-by mydejnession - - 
xaushigrny-lack of fommcl ability to domy duties.-f mendy suffer h m  depression-caused b y m j d i t a r y m i c e -  
whichis cansing-abt of pain and saffxing in my life.-I-fief my health isgetting worse a n d - I a m f h g  ithardto- - - - 
wanttowake up andiive; mdmy ability-tofbcus has gotten worse.-I-m-being denied-VA-heip~c~rnyseroice- 
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was a yeaf and 9mon€hs; md no€ €be-2  years-reqahed to receive VA hetp. Please-review my case and help-detembe- - 
'Ifmy  &charge-is'iaequiklrle  w 1f a faeacal-orh-orio~lsleedis~-age wouldbe-wmmre-d: 1 wo-uld likelegal- - - - - - - - - 
-~resmGi€ion-b-ut-c-mb€ aff3rd it; nor can f find~aayone?~~blp:I~h-ave-con~~~~m~y 
veferm-relateddserYices - - - - - 
>- - mcfuiig P3riCfiCi%iLegGoh; T h 3 - - C d i f o - m % - D E p W e n f   of VeErrfiXe-flices,-SaCr~3nfo- C-o-UBV Vetem- SeiViCEf  - - 
To-  Pfo -*=-  - - - 
Mather A373 Mental HeatiiFa3ilitJ.; L3garA.X so lie^,-Swofd3- - 
VAeXn S~~C6s-CMtefYTafi~-AFBTA-Kospltal, 
€o fifipi,riie-With  my - 
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case and may be mvd?5d-Wiitli my i%eI  ThaiilyouG6@-much Tofy6FConsiderafion-%i -G-niitfirr - - - - - - - - - - - - - - 

es, adTfiVis-M. Ba?bKBoxe< aUiil%d States Sena€o~EomCaXfo~~-a-@~-d 

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I I HAVE USED ADDITIONAL ISSUES AS  AN ATTACHMENT TO MIS APPUCATION. 
: I PREVIOUSLY SUBMrrrED AN APPUCATIOW  ON  (Enterdate) 
: THE ABOM ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED. 

I  AND AM COMPLITING THIS FORM IN ORDER TO  SUBMIT ADDITIONAL ISSUES. 

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9.  CERTIFICATION 

1 make the foregoing statements as part of my application with 

full knowledge of the penalties involved for willfully making a false 

statement. (US, Code, Tile 78, Section 7007, provides that an individual shall be fined under this title or imprisoned not more than Spars, 
or both.) 

a.  DATE (WWMMDD) 

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I b.  SIGpUAmC ----------- ......................... 

ARMY 

NAVY & MARINE CORPS 

: 
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I I  Naval Council of Personnel Boards I 
Army Review Boards Agency 
: 720 Kennon Street,  S.E. 
Support Division, St. Louis 
ATTN:  SFMR-RBR-SL 
; Rm.  309 (NDRB) 
9700 Page Avenue 
I  Washington Navy Yard,  DC 
St.  Louis, MO  631 32-5200 
(See http://arba.aftny.pentagon.mll)  : 20374-5023 
DD FORM 293, DEC 2000 

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Page 2 of 4 Pages 

AIR FORCE 

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COASTGUARD 

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: 5504 Street West,  Suite 40  : 2100 Secohd Street,  S.W. 
I :  Randolph AFB,  TX  781 50-4742 : I Washington, DC  20593-0001 

: Commandant (G-WPM) 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS, 5 5 7 ~  WING (ACC) 
OFFUTT AIR  FORCE BASE, NEBRASKA 

MEMORANDUM FOR AMN : 

---------------------------------------------. 

(Wh 03 

1 55 OSS 

FROM:  55 OSSICC 

SUBJECT:  Letter of Notification 

1.  I am recommending your discharge from the United States Air Force for Misconduct--Pattern 
of Misconduct.  The authority for my recommendation is AFPD 36-32 and AFI 36-3208, 
paragraph 5.50.2.  If my recommendation is approved, your service will be characterized as 
honorable or general.  I am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 13 December 2001, you were late for duty.  In addition, you were late for roll call on 

1 8 December 200 1.  For these incidents you received a Letter of Counseling, dated 1 8 December 
2001.  (Atch 1-1) 

b.  On  17 January 2002, you left the local area while on telephone stand-by, despite being 
instructed to remain in the local area.  For these incidents you received a Letter of Counseling, 
dated 1 7 February 2002.  (Atch 1-2) 

c.  On 1 5 April 2002 and 19 April 2002, you were late for duty.  For these incidents you 

received a Letter of Counseling, dated 19 April 2002.  (Atch 1-3) 

d.  On 8 April 2002, you borrowed a car from another airman and failed to return her car on 

time.  For this incident you received a Letter of Reprimand, undated, but receipted for on 26 
April 2002.  (Atch 1-4) 

/ 

e.  On 26 June 2002, you were sleeping on duty.  For this incident you received a Letter of 

Reprimand, dated 1 July 2002.  (Atch 1-5) 

f.  On 26 August 2002 and 29 August 2002, you were sleeping on duty.  On 23 September 

2002 and 24 September 2002, you were late for duty.  For these incidents you received 
Nonjudicial Punishment, dated 21 October 2002, consisting of a suspended reduction to the 
grade of Airman, fourteen (14) days extra duty, and a reprimand.  In addition, an Unfavorable 
Information File (UIF) was established.  (Atch 1-6) 

g.  On  13 March 2003, you were late for duty.  For this incident you received a Letter of 

Counseling, dated 19 March 2003.  (Atch 1-7) 

h.  On  13 March 2003, you were late for duty.  For this incident you received Vacation of 
Nonjudicial Punishment, dated 10 April 2003, consisting of reduction to the grade of Airman 
with a new date of rank of 21 October 2002.  (Atch 1-8) 

i.  On 21 March 2003, you lied in an attempt to move off base.  For this incident you received 

a Letter of Reprimand, dated 1 April 2003.  (Atch 1-9) 

j.  On 1 April 2003, you failed to adhere to proper dress and personal appearance by failing to 

wear your nametag and tie with your service dress uniform.  For this incident you received a 
Letter of Counseling, dated 1 April 2003.  (Atch 1-1 0) 

k.  On 2 May 2002, you lied about whether your car had the proper insurance.  For this 

incident you received a Letter of Reprimand, dated 6 May 2003.  (Atch 1 - 1 1) 

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 probably any other 
branch of the military. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an 
302, Phone 4-3939, pt 
your own expense. 

i,  Bldg 323C, Room 
03  . YOU  may consult civilian counsel at 

C..................-..-a 

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 a fl &j 0 3   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 on 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 the 55th Medical 
Group, at  1 3~ on  LQ  flq  0 3 
for the examination.  Please pick up your medical 
records prior to your appointment. 

8.  You have been scheduled for an initial separation appointment.  You must report to the 
55th Mission Su  port Squadron, Separations and Retirements Section, Room 235, Bldg 323C, at 
joQO 

on  14 YYl~,u03  withyourescort. 

9.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in the unit orderly room. 

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

.................................................................. 

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Commander, '55  Operations Support Squadron 

Attachments: 
Atch  1-1; LOC, dated 18 Dec 01 
Atch  1-2; LOC, dated 17 Feb 02 
Atch  1-3; LOC, dated 19 Apr 02 
Atch  1-4; LOR, undated, receipted for 26 Apr 02 
Atch 1-5; LOR, dated 1 Jul02 
Atch  1-6; NJPIUIF, dated 2 1 Oct 02 
Atch  1-7; LOC, dated 19 Mar 03 
Atch 1-8; Vac of NJP, dated 10 Apr 03 
Atch 1-9; LOR, dated 1 Apr 03 
Atch  1-1 0; LOC, dated 1 Apr 03 
Atch  1-1 1 ; LOR, dated 6 May 03