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AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

NAML OF SERVICE MFhIRL'H I I   ncrr rm"  ""'--' " -"[T]Al,) 

GRADE 

AMN 

RECORD REVIEW 

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ADnRFSS AND OK ORGANIZA I ION O F  COUNSEL 

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INDEX  NlIMRk K 

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EXHIBITS StJBMITI'ED T O  THE ROAHL) 

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1  1 

1  ORDER API~OINTING THE BOARD 

AI'PLICA'I  ION  FOR  REVItW OF DISCHIZRGL 

BRIEF OF PERSONNEL FILE 

PLKSONAL APPEARANCE 
I  TAPF RE(.ORDINCi  OF PFRSONAL APPEARANCE 

1 

1 

1 

HE4RING  n A T F  

CASF N U M n F R  

24 Jan 2006 
APYLICANT'S  ISSUE AND ANDTHE  BOARD'S DECISIONAL RATIONAL  ARE  DISCUSSED ON THE ArfACHED  AIR  FORCF DISCHARGE REVIEW BOARD DWISIONAL  RATIONALE 

FD-2005-00146 

Case lieard at Washington, D.C. 

Advise applicant of the decision and the right to submit an application to the AFBCMR 

Names and votes will  be made available to tlie applicant at the applicant's  request. 

IT(

'

 

SAFIMRRR 
550 C: STREET WEST. SIJI'I-E 40 

FROM: 

SECRETARY OF'I'HE AIR FORCE PERSONNEL COllNCll 
AIR FORCE DIS(:H,\KGE  REVIEW  BOARD 
1535 COMMAND DR. EE WING. 3KV FLOOR 
ANIBREWS APB. MI) 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00146 

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

The applicant appeared and testified before the Discharge Review Board (DRB), via videoconference  from the Florida 
State Armory at St. Augustine, Florida, on 24 Jan 2006 with the DRB deliberation hcld at Andrews AFB, Maryland. 

Additional Exhibits and Documents:  None 

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

FINDINGS:  TJpgrade of discharge and change of reenlistment code arc denied. 

l'hc  Roard  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:  Applicant contends that he was young and immature at the time he committed the offenses that resulted  in 
his discharge.  Additionally, he  believes  that  due to reduced manning and  an  expectation  to maintain  the operations 
tempo within  his unit, he  did not receive the proper training to perform his Job.  The applicant also cited his desire to 
receive (3.1.  Rill  benefits as an additional justification  for upgrade.  'The  Board was sympathetic to the impact the loss 
of these  benefits may  have  upon  the applicant,  but  did  not  find this to be  a matter  of inequity or  impropriety  which 
would  warrant an  upgrade.  The records  indicated the applicant received  an Article  15 for recurrent unofficial  use of 
his government travel card (GTC), four Letters of Reprimand (for reckless driving, disobeying a direct order to return 
to duty, failure in  tllc performance of duties, failure to pay government travel  card bill), one Letter of Counseling for 
failure to return tools in  timely  manner and failure to account for all tools, and two Records of Individual Counseling 
for late arrivals to work.  The Board considered that minimal manning in the applicant's  shop at the time of his failure 
to  properly  install  a  fiicl control  valve  may  have  resulted  from  reduced  manning,  his  level  of training,  or a  lack  of 
available  supervisory  personnel.  IIowever,  the  Board  found  no  such mitigating  factors  in  the  applicant's  repeated 
failure to account for tools utilized  in the performance  of his daily duties.  While acknowledging that the applicant's 
spouse may have contributed significantly to the misuse of his government travel card, the Board did not find this to be 
a mitigating factor in  the applicant's  subsequent continued inappropriate use of the card following the discovery of his 
wife's misuse.  Additionally, although the applicant alleged that he only misused the card during a brief period of time, 
the  record  reflects, to the  contrary,  evidence of  misuse  spanning several  months  (between  on  or  about 8  December 
2001  and  on  or  about  22  November  2002).  The  DIU3  acknowledged  the  applicant's  previous  favorable  enlisted 
performance report covering a period  bctween 28 June 2000 and  18 March 2002.  However, the majority of the Roard 
believed that  thc totality  of the  applicant's  record  did  not  outweigh  the  overarching negative aspects of his  military 
service.  The  Roard  concluded  that  the  applicant's  collective  infractions  were a  significant departure from  conduct 
expccted of all military members and that the characterization of his discharge was appropriate. 

CONCLUSIONS:  l'l~e Discharge Rcview Board concluded that the discharge was consistent with the procedural and 
substantive reqi~iremcnts of the discharge regulation, that  it was within the discretion  of the discharge  authority,  and 
that the applicant received full administrative  due process. 

In  view  of  the  foregoing  findings  the  Board  found  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 A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Pope AFB, NC on 4 Mar 03 UP 
AFI 36-3208, para 5-49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 23 May 82.  Enlmt Age:  17 8/12.  Disch Age: 20 9/12. Educ: WS  D I P L .  
AFQT: N/A.  A-61,  E-49,  G-32,  M-42. PAFSC: 2A651A - Aerospace Propulsion, Jet 
Engines Journeyman.  DAS: 05 Feb 01. 

b.  Prior Sv: (1) AFRes 12 Feb 00 -  17 Jul 00 (5 mos 6 das) (Inactive). 

3 .   SERVICE UNDER  RENXEW: 

a., Enlisted as AB 18 Jul 00 for 6 years. Svd: 02 Yrs 07 Mo 17 Das, all 

M S .  

b.  Grade Status:  Amn  -  16 Dec 02  (Article 15, 16 Dec 02) 

A1C  -  01 Sep 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 Dec 02, Pope AFB, NC -  Article 92.  You, who knew or 
should have known of your duties, within the continental 
United States, on divers occasions between on or about 8 
Dec 01 and on or about 22 Nov 02, were derelict in the 
performance of those duties in that you willfully failed 
to use your government travel card for official 
government purposes only, as it was your duty to do. 
Reduction to Amn.  Twenty-one days extra duty and 
Reprimand.  (No appeal) (No mitigation) 

e.  Additional: LOR, 
LOR, 

15 JAN 03 - Derelict in the performance of his duties. 
01 NOV 02 - Failure to go and disobeying a direct 

order. 

LOC , 

21 OCT 02 -  Failed to return tools in a timely manner 

and failing to account for all tools. 
25 MAR 02 -  Failure to pay government travel card 

LOR, 

account, which was past due. 

LOR, 
R I C ,  
FIC, 

14 SEP 01 - Reckless driving and speeding, 
27 MAR 01 - Late for Work. 
16 MAR 01 -  Late for work. 

f .   CM:  None. 

g.  Record of SV: 28 Jun 00 - . I 8   Mar 02  Pope AFB  4  (Initial) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (00) Mos  (22) Das 
TAMS:  (02) Yrs  (07) Mos  (17) Das 

4 .   BASIS ADVANCED  FOR  R E V I E W :   Appln  (DD Fm  2 9 3 )   dtd 4 Apr 05. 

(Change Discharge to Honorable) 
. . . . . . . . . . . . . . . . . . . . .  
Issue 1:  My I-Lame  i s ;  ....................  .  Two  years  ago  I  was discharged out of 
the Air Force.  Two years ago  I  was  young  and immature and not ready for the 
responsibility of the armed forces.  At this time I under stand (sic) the 
vitality of the mistakes in my past and I'm trying to correct them.  The most 
important thing I want to do is go  to s c h o o l .   I want t o  major in criminal 
justice and become a police officer one day.  I just can't afford to go to 
school.  I would like to use t h e   Montgomery G I   B i l l   but 1 can't do  (sic) to my 
discharge.  I know the armed forces are busy these days so I would really be 
grateful if you take my case up for consideration of review. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

23D FIGHTER GROW (ACC) 

POPE AIR FORCE BASE, NORTH CAROLINA 28308 

I o F E B ~ ~  

, 2 3  AMXS 

MEMORANDUM FOR AIvQ 

FROM:  23 AMXSICC 

286 Fortress Street 
Pope AFB, NC 28308 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  You 
understand that approval of this recommendation for your discharge could result in you receiving an 
under other than honorable conditions discharge (LJOTHC), if the convening authority determines 
such characterization is warranted and directs initiation of a discharge board.  I am recommending 
that your service be characterized as general discharge under honorable conditions. 

2.  My reasons for this action are: 

a.  On or about 5 Jan 03, you were derelict in the performance of your duties to wit:  you 

improperly installed a fuel control valve and failed to account for tools used in the installation, as 
documented by a Letter of Reprimand (LOR), dated 15 Jan 03. 

b.  On or about 8 Dec 01 and on or about 22 Nov 02, you were derelict in the performance of your 

duties in that you willfully failed to use your Government Travel Card for official government 
purposes only, as it was your duty to do so, as documented by an AF Form 3070, Record of 
Nonjudicial Punishment, dated 16 Dec 02. 

c.  On or about 3 1 Oct 02, after being treated at the Pope Clinic you failed to return to duty after 

Lt Whitehorn instructed you two times to return to your unit, as documented by an LOR, dated 
1 Nov 02. 

d.  On or about 8 Oct 02, you signed out the engine change kit from CTK and failed to return the 

kit until 21 Oct 02.  In the interim, you lost the #2 apex tool assigned to that box, as documented by a 
Letter of Counseling (LOC),  dated 21 Oct 02. 

e.  On or about 4 Feb 02, you were informed that your Government Travel Card was 

approximately $349.71 past due, as documented by an LOR, dated 25 Mar 02. 

f  On or about 3 1 Aug 01, an investigation disclosed that you did operate a motor vehicle in a 
reckless manner to wit:  you were detected by Security Forces driving 43 MPH in a 30 MPH speed 
zone, as documented by an LOR, dated 14 Sep 0 1. 

g.  On or about 27 Mar 01, you arrived late to work, as documented by an AF Form  174, Record of 

Individual Counseling, dated 27 Mar 0 1. 

h.  On 12 Mar 01, 13 Mar 01, and 16 Mar 01, you arrived late to work, as documented by an AF 

Form 174, Record of Individual Counseling, dated 16 Mar 0 1. 

4.  The 43d Airlift Wing Commander, who exercises Special Court Martial (SPCM) jurisdiction or a 
higher authority,-will decide whether you will be discharged or retained in the Air Force.  Copies of 
the documents to be forwarded to the Separation Authority in support of this recommendation are 
attached.  If you are discharged, you will be ineligible for reenlistment in the Air Force and any 
special pay, bonus, or education assistance funds may be subject to recoupment. 

(extension 4-2362) at the Area Defense Counsel's office immediately 

5.  You have the right to consult counsel.  Military legal counsel has been obtained to assist 
you.  Contact SSgl 
after being sewed with this notification memorandum.  At that time an appointment will be 
scheduled for you to consult the Area Defense CounseI.  Instead of the appointed counsel, you 
may have another, if the lawyer you request is in the active military service and is reasonably 
available as determined according to AFI 51201.  In addition to military counsel, you have the right 
to employ civilian counsel,  The Air Force does not pay expenses incident to the employment of 
civilian counsel.  Civilian counsel, if employed, must be readily available. 

6. You have the right to submit a statement in your own behalf.  Any statements you want the 
Separation Authority to consider must reach me by  13 
request and receive an extension for good cause shown.  I will any submitted statements to the 
separation authority. 

03 at 

j  700 

hours unless you 

7.  If you fail to consult counsel or to submit statements in your own behalf in three days, your 
failure will constitute a waiver of your right to do .so. 

8.  You have been scheduled for a physical examination with Dr. 
Family Practice Clinic in the Pope Clinic on 11 Feb 03 at 1000 hours.  In addition, report to 
Physical ExamsILab ASAP for HZV  screening. 

Report to 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act giX474.  A copy 
of AFI 36-3208, is available for your use at the orderly room. 

h 

Commander 

Attachments: 
1.  LOR, dated 15 Jan 03 
2.  AF Form 3070, dated 16 Dec 021Written Presentation, dated 16 Dee 02/AF Form 1168, dated 

21 Nov 02 

3.  LOR, dated 1 Nov 02 
4.  LOC, dated 21 Oct 02 
5.  LOR, deted 25 Mar 02 
6 .   LOR, dated 14 Sep 0 l/DD Form 1408 
7.  AF Form 174, dated 27 Mar 01 
8.  AF Form 174, dated 16 Mar 01