AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

NAME OF SERVICE MEMBER (LAW, FIRST MIDDLE INI'I'IAL) 

'I'YPE  GEN  x 

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NAhlE OF COIlNSEL AND OR ORLANILA l'lON 

PERSONAL APPEARANCE 

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I  ORDER APPOINTING  1 I1E BOARD 

EXHI BITS SUBMITTED TO 'VHE BOARD 
1 
1  2  1  APPLIC'ATION FOR REVIEW O F  DISCHARGE 
3  1  LETTER OF NOTIFICA'I'ION 
4  1  BRIEF O F  PERSONNEL FILE 

COIJNSEId5S KtLEASE TO THF BOARD 
ADDITIONAL EXHlUlTS SUBMITTED AT 'IIMk Oh 
PEKSONAL APPEARANCE 

TAPE RECORDIN(;  Ot PERSONAL APPEARANC'F 

1 

I

l\!jllk  \  A92.35 
A92.21 

INDEX NUMBER 

A67.05 

CASE NUMBER 

1  23 Feb 2006 
APPLICANT'S ISSUE'ANIS THE BOARD'S bECIS1O'NAL RATIONAL ARE DtSCUSSED ON THE ATTACHED AIR FORCF dlSCHAUGE RBVlEW BOARD DEClSlONAl  RATIONALE 
1  Case heard at Washington.  D.C. 

1

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Advise applicant of tile decision of the Board, the right to a personal appearance with/without counsel, 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. 

. .,. 

I 

SAFIMRDR 
550 C S'TRBtYI' WES'I', SIII'I'F, 40 
RANDOLPII AFB, 'I'X  781 50-4742 

AFHQ FORM 0-2077, JAN 00 

SE('HFI'A1tY OF'I'HE AIR FORCE PERSONNEL COIINCIL 
l I H  kOH(  t UI\CH \RCE  RE\ IEH  BOARD 
1535 C O \ l \ l \ \ D   DR. EE \\ I \ L .  JHD El 0 0 H  

I 
(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00125 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reenlistment (RE) code. 

The  applicant  appeared and testified  before the  Discharge Review  Board  (DRB),  without  counsel,  at  Andrews  AFB  on  23  Feb 
2006. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5:  Applicant's  Written Statement 
Exhibit #6:  Character Statements (3) 

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

FINDINGS:  Upgrade of discharge and change of reenlistment  code are 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. 

ISSUES:  The applicant submitted multiple issues to support his contention for receiving an upgrade of discharge and a change in 
his RE code.  Namely, the applicant contends that his discharge was too harsh  and was  based upon  "isolated  acts"  of misconduct 
and  thus  were  not  serious enough  to warrant  a  "bad  discharge."  Further, the  applicant believes  that  his  efficiency  ratings  and 
"proficiency  marks,"  along with  his  many  letters  of commendation  and  good  post-service  citizenship  should  be  considered  in 
upgrading  the  characterization  of  his  military  service.  The  applicant  also  believes  that  personnel  problems  and  personality 
conflicts under new squadron leadership impaired his ability to function effectively, or words to that effect.  Finally, the applicant 
cited that his clinical history of Attention Deficit Hyperactivity  Disorder (ADHD), a condition which pre-dated  his entry on active 
military service and which he failed to disclose at the time of his entry on active military  service, and his failure to receive alcohol 
abusc counseling warrant consideration as possible causal or mitigating factors in his pattern of misconduct.  The records indicatcd 
the applicant received two Articles  15, (the first for viewinglstoring pornographic  images on a government computer) followed by 
a Vacation  Action  (for underage alcohol  consumption, drunk  and disorderly  conduct, and misappropriation of a driver's  license, 
not his own), and the second Article  15 resulting in a further grade reduction to Airman Basic, one Letter of Reprimand (for failure 
to report to duty at the prescribed time), and one Letter of Counseling (for failure to complete an outstanding task).  In response to 
the discharge action, the applicant expressed  a desire to be retained, citing the "right  path"  he was following through mentoring. 
However,  the  DRB  opined  that  through  the  aforementioned  administrative  actions,  the  applicant  had  ample  opportunities  to 
change his negative behavior, as noted  in the specific language  of the  letter of reprimand,  which  followed a letter of counseling, 
both predating  the final act of misconduct that resulted  in his discharge,  that reads: "Your  career is under  scrutiny  and you have 
absolutely no margin for error."  While the applicant clearly demonstrated a great deal of volunteerism within his organization and 
had  previously  attained  a  favorable  enlisted  performance  report,  the  pattern  of  misconduct  that  followed  far  outweighed  the 
positive  aspects of his enlistment  in the  view  of the discharge authority.  With reference  to personality  and personnel  conflicts 
within  his  squadron, the Board  noted  that the  applicant had  already been  transferred  from a previous  organization  allegedly  not 
based  upon his conduct or performance.  The Board otherwise  found no evidence of substantiated maltreatment or "singling-out" 
of the  applicant  based  upon  his  gender,  race,  physical  characteristics, personality,  or  level  of training.  With  reference  to  the 
applicant's  ADHD and alcohol consumption issues, the medical record  reflects the member was indeed interviewed by Life Skills 
personnel and received a prescribed medication for ADHD and was scheduled to attend an alcoholism awareness seminar, with the 
belief,  likely through  the history of a singular documented  episode of alcohol-associated  misconduct or the applicant's  failure to 
disclose the true depth  of his  alcohol consumption, that the  applicant  did  not require more intense  intervention,  as in the  case of 
alcohol abuse or dependency.  The applicant also cited an example of others, within  another organization, he believed  committed 
similar or worse  misconduct who  were  retained  on  active  duty.  However,  the  Board had  no  objective evidence upon  which  to 
establish an inequity was committed in the applicant's  case.  The Board was pleased  to see that the applicant has done well since 
his discharge,  having achieved  solid employment  in a state  correctional  institution,  with  participation  in  church and  community 
activities.  However,  no  inequity  or  impropriety  in  the  applicant's  discharge was  suggested  or  identified  in  the  course  of  his 
hearing that would warrant an upgrade of discharge or change in RE code. 

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. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl  rec'd  a GEN Disch fr USAF Peterson AFB, CO on 2 
Apr 04 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct  -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals  for Honorable Discharge, and to Change 
the RE Code, Reason and Authority for Disch. 

2 .   BACKGROUND: 

a. DOB: 28 May 83. Enlmt Age: 17 5/12.  Disch Age: 20 10/L2. Educ: HS DIPE. 

E-81,  G-72,  M-62.  PAFSC: 3A031 -  Information Management 

AFQT: N/A.  A - 7 4 ,  
Apprentice.  DAS: 1 Apr 02. 

b.  Prior Sv: (1) AFRes  28 Oct 01 -  3 Sep 01 (LO mos 6 das)(Inactive). 

3.  SERVICE UNDER REVIEWz 

a.  Enlisted as AB  4 Sep 01 for 6 years. Svd: 02 Y r s   06 Mo 29 Das, all AMS. 

b.  Grade Status:  AB -  20 Feb 04  (Article 15, 20 Feb 04) 

A m  -  21 Nov 03  (Vacation of Suspension, 29 Jan 04) 
A1C -  1 9   Oct 01 

c.  Time Lost:  None. 

\  d,  Art 15's:  (1) 20 Feb 04, Peterson AFB, CO -  Article 92.  You, who 

knew of your duties, on or about 9 Jan 04, were derelict 
in the performance of those duties in that you willfully 
failed to refrain from consuming alcoholic beverages 
while under the age of 21 years, as it was your duty to 
do.  Article 121.  You did, on or about 9 Jan 04, 
wrongfully appropriate a Pennsylvania driver's license, 
of a value to less than $500.00, the property of AB 

Article 134.  You were, on or about 9 Jan 04, 

drunk and disorderly which conduct was of a nature to 
bring discredit upon the armed forces.  Reduction to AB. 
(No appeal) (No mitigation) 

( 2 )   29 Jan 04, Vacation, Peterson AFB, CO -  Article 92. 

You, who knew of your duties, on or about 9 Jan 04, were 
derelict in the performance of these duties in that you 
willfully failed to refrain from consuming alcoholic 
beverages while under the age of 21 years, as it was 
your duty to do.  Article 121.  You did, on or about 9 
Jan 04, wrongfully appropriate a Pennsylvania driver's 
license, of a value of less than $500.00, the property 
.  Article 134. You were, on or about 
of AB 

9 Jan 04, drunk and disorderly which conduct was of a 
nature to bring discredit upon the armed forces. 
Reduction to A m .   (No appeal) (No mitigation) 

( 3 )   21 Nov 03, Peterson AFB, CO -  Article 92.  You did, on 

divers occasions between on or about 17 Mar 03 and on or 
about 19 May 03, violate a lawful general regulation, to 
wit:  AFI 33-129, para 6.1.3, dated 4 Apr 01, by 
wrongfully using a government computer to store and 
display pornographic websites.  Suspended Reduction to 
Amn.  Forfeiture of $100.00 pay per month for 2 months 
and Reprimand.  (No appeal )  (No mitigation) 

e.  Additional: LOR, 15 DEC 03 -  Failure to Go. 

LOCI 12 NOV 03 -  Failed to finish assigned tasks and lying 

about having completed them. 

f .   CM:  None. 

g.  Record of SV: 04 Sep 01 -  15 Apr 03  Peterson AFB  5  (JAAF  Dir) 

16 Apr 03 -  21 Jan 04  Peterson AFB  2  (CRO) 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (05) Mos  (05) Das 
TAMS: (02) Y ~ s  (06) MOS  (29) Das 

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

(Change Discharge to Honorable, and to Change the RE Code, Reason and 

Authority for Discharge.) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2.  Two copies of DD Form 214. 

2 1 NOV  2005 

< 

$ ,

- 

 

APPLICATION  FOR THE REVIEW  OF DISCHARGE OR DISMISSAL 

,  FROM THE ARMED  FORCES OF THE UNITED STATES 

(Please reed instructions on Pages 3 and 4 BEFORE completlng this 8ppllcation.l 

F ~ ~ ~ S - L J ~ / ~ S ~  

Form Approved 
OMB No.  0704-WO4 
Expires dug 3 1,  2006 

Tho Publb rspwthg burdan for thin wllsctlon at l n f o r m d ~  Ir eathated to mvsraga 30 mhutes psr respon-,  hckrdlng the h e  for mviwvha hrtructlonm, ncarohlng qxlmhg data moumr 
gmtherha and rnalntahhg the &ta  needed,  md wrnplafng and rarlewing the cdlsctbn of hformatlon.  Send wmmenta rapardlng thls burden smimate or any other aapsct of thb collection 
of hformatlon. holudlng augg.nbnr'for  raduch~ tho burdm. to Dcpnttmmt of Deferw, Wuhington Headquanun Smvkaa, Okwtorate for Inforq~ation OpemUonr a d  Repma (0704-(1004), 
121 5 Jeffcrum Dada Mghway. Sulto 1204. Amnpton,  VA  22202-4302.  Respondent. should ba awwm that notwlthat~ndhg my  othar provklon of law. no pmon shall be subject to any 
panalty for f a b g  t o  comply with r cdlsctlon d Information If it doe* not display a currmtly valld OM0 control number. 
PLEASE DO NOT RETURN YOUR  FORM TO THE ABOVE ADDRESS.  RETURN COMPLETED FORM TO l H E  APPROPRIATE ADDRESS ON BACK OF THIS PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553; E.O.  9397. 
,PRINCIPAL PURPOSE[SI:  To apply for a change in the characterization or reason for military discharge Issued to an individual. 
ROUTINE USElS):  done. 
DISCLOSURE:  ~oluntiry: however,  failure t o  provide identifying information may impede processing of this application.  The request for 
Soclal Security Number is strictly t o  assure proper identification of the individual and appropriate records., 
I. APPLICANT DATA  (The person whose disdrerge is to be mviewedi.  PLEASE PRINT OR TYPE INFORMATION. 
0 NAVY 
6; NAME A-cr  Firrt  MIML In+hll 
i 

c.  GRADOR~NK AT DlSCHARaE 

d.  SOCIAL  SECURITY  NUMBER 

- 

MARINE CORPS 

COAST GUARD 

AIR FORCE 

ARMY 

. 

. 

DATE OF DISCHARGE OR SEPARATION 1 4.  DISCHARGE CHAkACTERIZRTION RECEIVED (X onel /  5.  BOARD ACTION REQUESTED Mrnd 1 

F  1 

I?-- 1 

I  : 
I 

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(See Item  10 of the ~nstrorlons ebour counseVrepresenrative.l 

~p 11'.  'APPLICANTMUSTSIGN, IN I f K 1 3 . a .   BELOW.  If the record in questlon Is that of a deceased or incompetent person,  LEGAL PROOF OF 
,i.cj:  ,D,yrH ,P.F(INEO,MPETENCY  MUST ACCOMPANY THE APPLICATION.  If the applicatlon is signed by other than the applicant.  Indicate 
.  . 
,ha&, 
ic.=.:....,t~e 

and relationship tii marking a box below. 

'Ip;4tl 

.  . .. .. 

d.  FAX NUMBER  (Include Area Codel 

WIDOW 

WIDOWER 

NEXT OF KIN 

i 

(Farward notificatian of anv chnnae in address..) 

C 

'13.  CERTIFICATION.  I make the foregoing statements.  as part of my claim.  with full knowledge of the 
penalties involved for wilifully making a false statement or claim.  (U.S. Code,  Title 18, Secttons 287 

l  and  I W I, provide that an individual shall be fined under thls title or imprisoned not more than 5 years, 
; or both.) 
n  ' SIRYATURE . ~ W i I I f l F n l ~ l v l l i r - a ~ t  orperson in /tern 7 7 above) 

b.  DATE SIGNED - REQUIRED 

(YWYMMDDI 

d.  FAX NUMBER Ilnclude Area  Codd 
I 

CASE NUMBER 

(Do not write in this space.) 

DD FORw293: AUG 2003.  . 
. 

" .  

. 

PREVIOUS EDITIONS ARE OBSOLETE. 

' 

Page'  1 of 4 Pages 

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14. CONTINUATION OF ITEM  6. ISSUES (If applicabw 

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Page 2 oi 4 ~ i g e s  

DEPARTMENT OFTHE AIR  FORCE 

21ST SPACE WING (AFSPC) 

MEMORANDUM FOR  AB 

FROM:  21 MSSICC 
".-.  . .,-*.  .. 

SUBJECT:  Notification Memorandum 

- 

-  ..",  -,. 

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1.  I  am  recommendirrg  your  discharge  from  the  United  States  Air  Force  for 
Misconduct:  A  Pattern  of  Misconduct,  Conduct  Prejudicial  to  Good  Order  and 
Discipline.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 
5.50.2.  If my recommendation is approved, your service will be characterized as an 
Under  Honorable Conditions  (General) Discharge.  I am  recommending that  your 
service be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On or about 9 Jan  04 you were derelict  in your  duties in that you drank an 
alcoholic  beverage  while  under  the  age  of  21  years.  For  this  misconduct  a 
previously suspended nonjudicial punishment was vacated on 2 Feb 03 (Atch 1). 
You also received Nonjudicial Punishment dated 26 Feb 04 (Atch 2).  Punishment 
consisted of reduction to the grade of Airman Basic. 

b.  On  or  about  9  Jan  04  you  wrongfully  appropriated  a  driver's  license  of 
another  airman. 
For  this  misconduct  a  previously  suspended  nonjudicial 
punishment was  vacated  on  2  Feb  03  (Atch  I ) .   You  also  received  Nonjudicial 
Punishment dated 26 Feb 04 (Atch 2). 

c.  On or about 9 Jan 04 you were drunk and disorderly.  For this misconduct a 
previously suspended nonjudicial punishment was vacated on 2 Feb 03 (Atch 1). 
You also received Nonjudicial Punishment dated 26 Feb 04 (Atch 2). 

d.  Between on or about  17 Mar 03 and on  or about  19 May 03 you violated a 
lawful general regulation by wro~gfully using a government computer to store and 
display  pornography  and  by  accessing  pornographic  websites. 
For  this 
misconduct you received Nonjudicial Punishment dated 21  Nov 03.  Punishment 
consisted  of  a  reduction  to  the  grade  of  Airman  suspended  for  six  months, 
forfeiture of $100.00 pay per month for two 1710nths, and a reprimand (Atch 3). 

3.  Other Derogatory Data 

a.  On or about  15 Dec 03 you failed to  report to duty at the  prescribed time of 
0700L.  For this misconduct you received a Letter of Reprimand (Atch 4). 

b.  On or about 3 Nov 03 you failed to complete the outstanding tasks required 
to be finished before you were to take leave.  For this wrisco~iduct you received a 
Letter of Counseling (Atch 5). 

STRENGTH  AND  PREPRREDNESS 

4.  Copies of the documents to be forwarded to the separation authority In S L I P P O ~ ~  
of this recommendation are attached.  The corr~mander exercising SPCM jurisdiction 
or  higher  authority  will  decide  whether  you  will  be  discharged or  retained  in the 
United  States  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. 

8 - - - - - - - - -  

5.  You have the right to consult counsel.  Military legal counsel has been-obkjned 
to  ass-ist you.  I have  made an appointment for  you to  consult  ~ a p t a i n ~ - - - - - - - - - - - - i  
L - - - - - - - - -  i at  Building  350,  on /D / t a d  ~
, at  14'30 
9
consult civilian counsel at your own expense. 

hours.  You  may 

1

 

6.  You have the right to submit statements in your own behalf.  Any statements you 
want  the  separation  authority to  consider  must  reach  me  by  NLT  1600 hours on 
/T/Vlc;/oq 
2003  (3  workdays)  unless  you  request  and  receive  an 
extension for good cause shown.  I will send them to the separation authority. 

7.  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. 

8.  You  have been scheduled for a  medical examination.  You  must report to 21st 
Space  Wing  Medical  Group  Clinic,  559  Vincent  Street  on  /?WQC ob/  ,  at 
/ 

hours for the examination. 

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

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

Commander 

Attachments: 
1.  Vacation of Nonjudicial Punishment dated 2 Feb 04 
2.  Nonjudicial Punishment dated 26 Feb 04 
3.  Nonjudicial Punishment dated 21 Nov 03 
4.  Letter of Reprimand 
5.  Letter of Counseling 
6.  EPR 
7.  Receipt of Notification Memorandum