FD-2005-00116 

Advise applicant of the decision of the Board. 

lable to the applicant at the applicant's request. 

* CHANGE RE CODE 
+  CHANGE m~S9-y 
SIGNATURE OF RJXC#DEB 

FOR DISCHAR 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00116 

I 

GENERAL:  The  applicant appeals for upgrade of discharge to honorable and to  change the reason anc 
authority for discharge. 

The applicant appeared  and  testified before the Discharge Review Board  (DRB), without  counsel,  at  thc 
Florida State Armory, St. Augustine, FL, via video-teleconference with Andrews AFB, MD, on 23 Jan 2006. 
The following additional exhibits were submitted at the hearing: 

I - - - - - - - - .  

, - - - - - - - - - - - 
Exhibit #6 : Character reference letter dated 17 Jan 06, MGL - - - - - - - - - - J 
Exhibit #7 : Character reference letter dated 6 Jan 06, Lt Colj 
Exhibit #8  : Character reference letter dated 17 Jan 06, Capt 1 
Exhibit #9 : College of Oceaneering Transcript dated Apr 04'--------' 
Exhibit #lo: Devil's Lake College Transcript dated May 04 
Exhibit #11: NGB Honorable Discharge Form 55a dated Jan 01 
Exhibit #12: NGB Report of Separation Form 22 dated Jul04 
Exhibit #13: USA Achievement Medal dated Nov 97 
Exhibit #14: DA Form 1059, Academic Evaluation Report, dated May 01 
Exhibit #15: USA Reserve Components Achievement Medal Award dated 1 Apr 05 
Exhibit #16: Appointment to Corporal orders dated Apr 05 
Exhibit #17: Seven page Academic Evaluation dated May 05 
Exhibit #I&: Promotion to Sergeant orders dated Sep 05 
Exhibit #19: Fow page Miscellaneous Academic Completion Documents dated Mar 04 

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

FINDINGS:  The Board grants the requested relief concerning the upgrade of applicant's discharge and to 
:hange  the  reenlistment  code.  Applicant's  request  to  change  of reason  and  authority  for  discharge are 
lenied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
mpropriety  that  would justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
~rovided by applicant, the Board finds the applicant's characterization of discharge inequitable. 

The  Board concluded that  there was  no  inequity or impropriety as  concerns the  reason  and authority for 
pplicant's  discharge and denied the requested relief, noting that the case file contained one Article 15, two 
JORs, one  LOA,  and  4  RICs  for  misconduct  to  include  failure  to  go,  violating  quarters  restrictions, 
.ircurnventing his chain of command, careless driving, involvement in verbal and physical altercations with 
US ex-girlfriend, falsifying a leave document, and failure to meet training requirements for CDC upgrade in 
I timely manner. 

SSUE:  Applicant received a General Discharge for a Pattern of Misconduct Prejudicial to Good Order and 
Iiscipline. 

ipplicant contends that when he was discharged, he was not a mature adult, takes full responsibility for his 
ctions, and states that when he looks back, he has come a long way; the DRB concurred. Testimony and 
ocurnentation was introduced that after his discharge, applicant completed a one year course at the College 
f Oceaneering and subsequently worked specializing in dive medicine, served two years as a medical 
pecialist in the Georgia Army National Guard (ANG) and was honorably discharged in Jan 01, reentered 

* 

the ANG in Dec 01 and was subsequently placed on a full-time, three-year Active Guard Reserve (AGR) 
tour in Dec 03, is currently serving as a Survey Team Member and Acquisition NCO in a Weapons of Mass 
Destruction unit at Dobbins ARB, GA, that is on the forward battlefield in the war on terrorism and requires 
that he work closely with Federal Air Marshals, the US Uniformed Public Health Service, the USCG, and 
the Secret Service, and that he has been promoted to the grades of Corporal and then Sergeant since 
reentering the ANG.  The Board also noted strong recommendations from his current chain of command and 
opined that his post-service accomplishments more accurately reflect his performance and character. 

CONCLUSIONS:  The  Discharge Review  Board  concludes that  the  discharge was  consistent  with .tht 
procedural  and  substantive requirements of the discharge regulation  and  was  within  the  discretion of thc 
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  o. 
applicant's  service is more accurately reflected by an Honorable discharge.  The applicant's  characterizatior 
should be changed to honorable under the provisions of Title  10, USC  1553, and his reenlistment code bc 
changed to 3K. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF  THE  AIR  FORCE 

AIR  FORCE  DISCHARGE: REVIEW  BOARD 

ANX)REWS  AFB, MD 

(Former AMN)  (HGH A1C) 

1.  MATTER  UNDER  REVIEW:  AppL  rec'd a GEN Disch fr Grand Forks AFB, ND on 20  May 
97 UP AFI 36-3208, para  5.50.2  (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals fox Honorable Discharge, and to Change the 
Reason and Authority  for Discharge. 

2 .   BACKGROUND: 

a. DOB: 6 May 75.  Enlmt Age: 19 6/12.  Disch Age:  22 0 / 1 2 .   Educ: HS DIPL. 

AFQT: N/A.  A - 4 3 ,   E-68,  G-52,  M-81, PAFSC: 2M033A - Missile &  Space Facilities 
Apprentice.  DAS: 6 Sep 95.  .. 

b.  Prior Sv: None. 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB 30 Nov 94 fox 4 yrs. Svd: 2 Yrs 5 Mo 21 Das, all AMS. 

b.  Grade Status:  Amn  -  01 Apr 97 (Article 15, 01 Apr 9 7 )  

A1C  -  30 Mar 96 
Amn  -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 1 Apr  97, Grand Forks AFB, ND -  Article 107.  You did, 
on or about 17 Mar 97, with intent to deceive, sign an 
official record, to wit:  an AF Form 988, indicating that 
you were on leave from 10 Mar 97 to 14 Mar  97, which 
record was false in that you failed to return to the 
local area until 16 Mar 97, and was  then known by you to 
be so false.  Reduction to Airman, forfeiture of  $100.00 
pay per month for 2 months, and 7 days extra duty. 
(Appeal/Denied) (No mitigation) 

e.  Additional: RTC, 25 APR 97 -  Failure to meet training requirements. 

RIC, 27 JAN  97 -  Circumventing chain of command. 
LOR/UIF, 2 DEC 96 -  Verbal and physical altercations with 

ex-girlfriend.  (Placed on Control 
Roster). 

LOR 14 NOV 96 -  Speeding and reckless driving. 
LOA, 31 OCT 96 -  Disobeying an order and circumventing 

RIC, 25  OCT 96 -  Disobeying quarters restriction. 
RIP, 21 NOV  95 -  Failure to go. 

chain of command. 

f .   CM:  None. 

g.  Record of SV: 30 Nov  94  -  2 9   Jul 96  Grand Forks AFB  4  (Initial) 

30 Jul 96  -  02  Mar  97  Grand  Forks AFB 

3  (CRO) 

h.  Awards &  Decs :  AFTR, NDSM. 

i.  Stmt of  Sv:  TMS:  ( 2 )   Yrs  ( 5 )  Mos  (21) Das 
TAMS:  (2) Yrs  ( 5 )   Mos  (21) Das 

4 .   BASIS AMTANCED  FOR REVIEW:  Appln  (DD Fm  293) dtd 7 Mar  05. 

(Change Discharge  to Honorable, and Change the Reason and Authority  for 

Discharge) 

ISSUES ATTACHED  TO  BREIF. 

ATCH 
1. Applicant's Issues. 
2. Photo. 
3. DD Form 214. 
4. Application  Summary. 
5 .   Birth Certificate. 
6. Army National Guard Assignment  Order, 16 Dec 03. 
7. NGB 22, Report  of  Separation and Record of  Service 
8. Personnel Qualification  Record. 

Reason and Request Information 

R  Please state the reasons why your discharge should be changed. 

Maximum size is 6000 characters. 

To the review board,  Let me start by stating I am glad that I have had 
opportunities to serve i n  the US armed service. I have served with 
some of the best soldiers 1 have ever known. And for this I am truly 
greafful,  Through continuing education I have learned a great many 
lessons. The' mentoring and NCOPD has truly given me a perspective 
that is what I feel this country was founded on. Loyalty,  Duty,  Respect, 
Selfless-Service,  Honor,  Integrity,  Personal Courage. I was released In 
May 1997,  I was not a mature adult. The Air Force recognized that I 
was not ready and discharged me for misconduct. Although I was never 
court-martialed I came very close.  I did everything from disobeying 
direct orders;  missing appointments,  carless driving,  and behavior off 
base not suitable for a airman.  I look back at my infractions and realize 
that I have come along way.  I t  was not until1 I moved back home to 
GA,  that life came knocking on my door. The bills poured in,  I had no 
job and no education.  So I started applying for shools and was 
accepted a t  College of Oceaneering. I started school in Jan of 1998 and 
completed the one year technical school on Dec of 1998. I then went on 
to apply for entry i n  the Army National Guard. I was accepted on Jan 07 
1999. I did two years and was released on Jan 06 2001 into reserve 
status.Rentered  on Dec 11 2001 shortly after the Twin Towers. This 
was the deciding factor,  I knew that I wanted t o  serve my twenty years 
to my country. I went on to AGR status on Dec 15 2003. Iam currently 
on the 4th CST/WMD.  As a twenty two member unit we are on the 
forward battlefield on terrorism.  I have attended over 500 hours of 
school alone i n  the first six months that I was brought on. The team 
has no need for consumers,  they are not a jobs program. I come to 
work every day knowing that my expertise and training may be used in 
saving civillian lifes.  I strive every day to improve my knowledge skills, 
PT,  and education. I n  closing I am asking you t o  upgrade my discharge 
to honorable so that I may be entitled t o  my Montgormery G I  Bill 
bennefits. This will enable me to go to college and improve my 
education. Thankyou for time and considerations. SPC 

. ADMIN.  NCO 4th Weapons of Mass Destruction Dobbins ARB 

GA 30069 Phone 404-660-7438 

R  Board action requested:  Reason 

Change t o  Honorable and Change 

DEPARTMENT OF THE AIR FORC- 
HEADQUARTERS 31 9TM AIR REFUELING WING (AMC) 

GRAND FORKS AIR  FORCE BASE. NORTH DAKOTA 

1 9 4 7  -  1 9 9 7  

MEMORANDUM FOR AMN 

FROM:  321 MXSICC 

SUBJECT:  Notification Letter 

1. I am recommending your discharge from the United States Air Force for a pattern of 
misconduct prejudicial to good order and discipline. The authority for this action'is AFPD 36-32 
and AFI 36-3208 in accordance with paragraph 5.50.2.  If my recommendation is approved, yow 
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 or about 24 Apr 97, you failed to meet training requirements by not completing 
CDC upgrade in a timely manner.  For this misconduct, you received a LOC dated 25 Apr 97. 
(Attachment A) 

b.  On or about 17 Mar 97, you signed an official record, Air Force Form 988 with the 

intent to deceive, stating that you were on leave until 14 March 1997, which was false in that you 
failed to return to the local area until  16 March 1997.  For this misconduct you were punished 
under Article 1 S of UCMJ on 1 Apr 97.  Punishment consisted of reduction io Airman, forfeiture 
of $100 pay per month for 2 months, 7 days extra duty.  (Attachment B) 

c.  On or about 23 Jan 97, you undermine Technical Sergeant 
circumventing the chain of command and asking Technical Sergeant 
work, when you were previously informed by Technical Sergeant 
this misconduct you received a LOC dated 27 Jan 97.  (Attachment C ) 

authority by 

what time to report to 
the time to report.  For 

d.  Between on or about 20 Oct 96 and 23 Oct 96, on divers occasions you were involved 

in verbal and physical altercations with your ex-girlfriend.  For this misconduct you received a 
LOR dated 2 Dec 96, an Unfavorable Information File entry was made, and you were placed on a 
Control Roster.  (Attachment D) 

e.  On or about  9 Nov 96, you were speeding and driving reckless in your personal 
owned vehicle. You also caused damage to another vehicle while passing on the right hand 
shoulder of the road.  For this misconduct you received a LOR dated 14 Nov 96 and a 
Unfavorable Information File was established and an entry was made.  (Attachment E) 

f.  On or about 29 Oct 96, you disobeyed Master Sergeant 

order denying you 

to receive steel toe boots from Individual Equipment Issue, by circumventing the chain of 

/  command allowing you to receive steel toe boots from Individual Equipment Issue.  For this misconduct 

you received a Letter Of Admonishment dated 3 1 Oct 96.  (Attachment F) 

g.  On or about 24 Oct 96, you were place on quarters restriction for an illness, you broke this 

restriction by attending a flag football game.  For this misconduct you received a LOC dated 25 Oct 96. 
(Attachment G) 

h. On or about 8 Nov 95, you failed to go to your appointed place of duty.  For this misconduct 

you received a LOC dated 21 Nov 95.  (Attachment HJ 

3.  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 Air Force and if you are discharged, how your 
service will be characterized. I f  you are discharged, you will be ineligible for reenlistment in the Air 
Force. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  You 
have been scheduled an appointment at the Office of the Area Defense Counsel at Building 216 
on  _ifln797  at  0330  hours.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit 
authority to consider must reach me by 
extension for good cause 

own behalf.  Any statements you want the separation 

at  1.5% hours unless you request and receive an 

the separation authority. 

6.  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. 

7.  You have been scheduled for a medical exarnination.  You must report to the 3 19th Medical Group on 
m

 0 2 C ~ o u r s  

for the examination. 

a

t

8.  Deliver to me immediately your military identification card and those of your dependents.  I have 
requested that temporary identification cards be issued IAW AFI 36-3001, paragraph 4.2.  You will 
report to me by COB 6 
accomplished. 

to verify that issuance of Temporary Identification Card(s) has been 

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

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

Commander, 321 MXS 

---- 
Lt Col, USAF 

4 Attachments: 
1.  Privacy Act Statement 
2.  Supporting Documents 

a:  LOC dated 25 Apr 97 
b.  Article 15 dated 1 Apr 97 
c.  LOC dated 27 Jan 97 
d.  LOR/UIF/CR dated 2 Dec 96 
e.  LORIUIF dated 14 Nov 96 
f.  LOA dated 3 1  Oct 96 
g.  LOC dated 25 Oct 96 
h.  LOC dated 21 Nov 95 

3.  Airman's Acknowledgment 
4.  Personal Information