NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

I 

I 

MEMBER SITTING 

HON 

GEN 

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

VOTE OF THE BOARD 

I  UOTHC 

OTHER 

I  DENY 

Case heard  in Washington,  D.C. 

I 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout  counsel, 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. 

BOARD DECIS1ONAL RATIONALE 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

DORSEMENT 

FROM: 

DATE:  12/12/2006 

SECRETARI  OF THE AIR  FORCE PERSONNEI.  COUNCII. 
AIR  FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR. EE WING,3RD FLOOR 
ANDREWS AFB, MD 10762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00123 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

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: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
The records indicated the applicant received three Article  15's and two Letters of Reprimand for misconduct. 
The applicant was administratively disciplined with two Letters of Reprimand for being late for training, 
failure to go, and failure to pay debts.  He received his first Article  15 for sleeping on post while being 
posted as a sentinel.  He was disciplined with a suspended reduction in grade to Airman, suspended 
forfeiture of pay, and  19 days of extra duty.  His second Article  15 was for failure to have a valid 
Government driver's  license and through his own neglect, causing damage to a government vehicle.  He was 
disciplined with forfeiture of pay for two months.  His third Article  15 was for failure to go to appointed 
place of duty.  He was punished with a reduction in grade to Airman.  The DRB opined that through these 
administrative actions, 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. 

~ttachment : 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH A1C) 

SOME DISCHARGE DOCUMENTS MISSING 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Luke AFB, AZ on 23 Aug 04 UP 
AFI 36-3208, para 5.49  (Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 2 Dec 81.  Enlmt Age: 19 6/12.  Disch Age: 22 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-71,  E-36,  G-41,  M-37. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 7 Nov 03. 

b.  Prior Sv: (1) AFRes 27 Jun 01 -  17 Sep 01  (2 months 22 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  18 Sep 01 for 4 yrs. Svd: 2 Yrs 11 Mo 6 Das, all AMS. 

b.  Grade Status:  A m  -  17 Jul 04  (Article 15, 17 Jul 04) 

A1C -  18 Jul 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Jul 04, Osan AB, Korea -  Article 86.  You, did, on 

or about 4 Jul 04, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Reduction to Airman.  (No appeal)  (No mitigation) 

(2) 20 Jan 04, Osan AB, Korea -  Article 92.  You did, on or 
about 7 Dec 03, violate a lawful general regulation, to 
wit: paragraph 2.1.2, 51St Fighter Wing Instruction 31- 
204, dated 15 May 03, by wrongfully failing to have a 
valid Government-Owned Vehicle driver's license in your 
possession while operating a Government-Owned Vehicle. 
Article 108.  You did, on or about 7 Dec 03, without 
proper authority, through neglect, damage by rolling a 
Government-Owned Vehicle, a vehicle of a value of about 
$73,123.00, military property of the United States, the 
amount of said damage being in the sum of about 
$1,801.55.  Forfeiture of $747.00 pay per month for two 
months.  (No appeal)  (No mitigation) 

(3) 22 Nov 02, Offutt AFB, NE -  Article 113.  You, on or 

about 14 Nov 02, being posted as a sentinel at post 
Echo-13, were found sleeping upon your post.  Suspended 
reduction to Airman.  Suspended forfeiture of $250.00 

pay.  Nineteen days extra duty. (No appeal) (No 
mitigat ion) 

e.  Additional: LOR, 26 MAY 04 -  Failure to pay debts &  failure to go. 

LOR, 01 OCT 02 -  Late for training. (Document missing from 

(Document missing from file) 
file) . 

f.  CM:  None. 

g.  Record of SV: 18 Sep 01 -  18 May 03  Offutt AFB  2  (Annua1)REF 
2  (Annua1)REF 

19 May 03 -  28 Jun 04  Osan AB 

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

i.  Stmt of Sv:  TMS:  (3) Yrs  (1) Mos  (28) Das 
TAMS: (2) Yrs  (11) Mos  (6) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Mar 05. 

(Change Discharge to Honorable) 

Feel that I qualify for an Honorable discharge. 

ATCH 
1. DD Form 149. 

I 

DEPARTMENT OF THE AIR FORCE 

51  Security Forces Squadron 

UNIT 2063 

APO AP 96278-2063 

MEMORANDUM FOR A M N  : 

0 5  AUG  2004 
,-----------------------------------------------. 
.----------------------------------------------- 

b 51 SFS 

FROM: 51 SFSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force based upon Misconduct- 
Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32, Military 
Retirements and Separations, and AFI 36-3208, Administrative Separation of  Airmen, Chapter 5, 
Section H, paragraph 5.49.  If my recommendation is approved, your service will be 
characterized as Honorable, Under Honorable Conditions (General), or Under Other Than 
Honorable Conditions.  I am recommending that you receive an Under Honorable Conditions 
(General) discharge. 

2.  My reaso,ns for this discharge action are as follows: 

a.  You did, at or near Offutt AFB, NB on or about 30 Sep 02, you were late for training at 

your appointed place of duty, to wit: Building 160.  For this misconduct you received a Letter of 
Reprimand, dated 1 Oct 02 and an Unfavorable Information File.  (Atch la) 

b.  You, at or near Offutt AFB, NB on or about 14 Nov 02, being posted as a sentinel at post 
Echo-13, were found sleeping upon your post.  For this misconduct you received an Article 15, 
dated 22 Nov 02.  (Atch lb) 

c.  You did, at or near Osan AB, ROK on or about 25 May 04, without authority, fail to go at 
the time prescribed to your appointed place of duty, to wit: Building 1425.  For this misconduct 
you received a Letter of Reprimand, dated 26 May 04.  (Atch 1 c) 

d.  You, being indebted to Military Star Card in the sum of $102.00 for purchases of goods 
and services, which amount became due and payable on or about 4 Mar 04, did at or near Osan 
AB, ROK, from on or about 4 Mar 04, to on or about 4 May 04, fail to pay said debt for a period 
of at least 60 days.  For this misconduct you received a Letter of Reprimand, dated 26 May 04. 
(Atch Id) 

e.  You did, at or near Osan AB, ROK on or about 7 Dec 03, violate a lawful general 

regulation, to wit: paragraph 2.1.2,51d Fighter Wing Instruction 3 1-204, dated 15 May 03, by 
wrongfully failing to have a valid Government-Owned Vehicle driver's  license in your 
possession while operating a Government-Owned Vehicle. 

f.  You did, at or near Osan AB, ROK on or about 7 Dec 03, without proper authority, 

through neglect, damage by rolling a Government-Owned Vehicle, a vehicle of a value of about 
$73,123.00, military property of the United States the amount of said damage being in the sum of 

the sum of about $1,801.55.  For the misconduct listed in paragraphs (e) and ( f )  he received an 
Article 15, dated 20 Jan 04.  (Atch 1 e) 

g.  The Respondent did, at or near Osan AB, ROK on or about 4 Jul04, without authority, 
fail to go at the time prescribed to his appointed place of duty, to wit: Building 1425. For this 
misconduct he received an Article 15, dated 17 Jul04.  (Atch 1 f )  

.------------------------ 
i 

3.  Unit Recommendations:  The 5 1 SFSICC recommends that Airman ------------------------. 
receive an Under Honorable Conditions (General) discharge, without suspension for probation 
and rehabilitation (P&R). 
4.  Member's  Res~onse: On 10 Aug 04, Arnn i:::::::::: 
----------- 
statement for your consideration.  Amrim --- --- - - ,  
serve his country and do something more fulfilling with his life.  Although he admits that he has 
not adapted well to the Air Force, he excelled in all technical training courses obtaining scores of 
90 or better and has volunteered his off duty time to numerous organizations. After he leaves the 
service, the Respondent plans to attend Arizona State University, obtain a Bachelor of Science 
degree in business administration and to one day work as a Civil Service employee.  The 
Respondent asks that you direct his characterization as Honorable so he can use his educational 
benefits and potentially gain government employment. 

:joined the Air Force because of his desire to 

:consulted counsel and submitted a 

5.  Legal Analvsis: 

a.  Basis:  AFI 36-3208, paragraph 5.49, authorizes separation based on Misconduct - Minor 
Disciplinary Infractions.  As described in paragraph 2, the Respondent has engaged in numerous 
instances of misconduct.  His repeated misconduct is the basis for discharge. 

b.  Service Characterization:  AFI 36-3208, para. 1.18.2 states that an Under Honorable 

Conditions (General) discharge is appropriate if an Airman's service has been honest and 
faithful, but when significant negative aspects of his conduct or performance of duty outweigh 
positive aspects of his military record.  The Respondent's conduct has resulted in three 
Article 15s, three LORs, and the establishment of a UIF.  As such, we concur with the 
commander's view that significant aspects of the respondent's conduct outweigh positive aspects 
of his military record.  Thus, we find that an Under Honorable Conditions (General) discharge 
characterization is appropriate. 

c.  Probation and Rehabilitation (P&R):  The corrective action provided to the 

Respondent has served as sufficient P&R.  He was given the opportunity to show improvement 
in his behavior but consistently showed an unwillingness to correct it.  As a result, we do not 
believe P&R is warranted pursuant to AFI 36-3208, Chapter 7.  Nonetheless, should you decide 
that P&R is appropriate; you must set a specific period of rehabilitation in accordance with AFI 
36-3208, paragraph 7.6.2.  This period may not be less than 6 months nor more than 12 months. 

6.  Options:  As the Special Court-Martial Convening Authority, you have the option to: 

a.  Retain the Respondent in the Air Force; 

7.  You have been scheduled for a medical examination.  You must report to the hospital at 

Zm 4 . 

O@eC, 

hours on  6.7 AGW 

Attachments: 

1.  Supporting documents 
a.  Letter of Reprimand, dated 1 Oct 02 
b.  Article 15, dated 22 Nov 02 
c.  Letter of Reprimand, dated 26 May 04 

about $1,801.55.  For the misconduct listed in paragraphs (e) and (f) you received an Article 15, 
dated 20 Jan 04.  (Atch 1 e) 

g.  You did, at or near Osan AB, ROK on or about 4 Jul04, without authority, fail to go at 

the time prescribed to your appointed place of duty, to wit: Building 1425.  For this misconduct 
you received an Article 15, dated 17 Jul04.  (Atch 1 f) 

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, and, if 
you are discharged, how your service will be characterized.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force.  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 is available to assist you. 
You may consult the Area Defense Counsel (Bldg 937, Rrn 101) at 784-6774. You may consult 
civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements that you want 
the separation authority to consider must reach me by  \qQo hours on  IOAUGOL~ (three duty 
days) unless you request and receive an extension for good cause.  I will forward any such 
statements to the separation authority. 

6.  If you fail to consult or submit statements in your own behalf, then your failure will constitute 
a waiver of your right to do so. 

8.  The Privacy Act of 1974 covers any personal information you furnish in rebuttal.  A copy of 
AFI 36-3208 is available at the Orderly Room. 

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

Commander 

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