1 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - m  

TYPE  GEN 

PERSONAL APPEARANCE 

IX 

I 

GRADE 

AMN 
I 

RECORD REVIEW 

- - - - - - - - - - - - - - - a  

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANLZATION OF COUNSEL 

YES 

No 
X 

I 

I 

ISSUES  A94.11 
A01.05 

MEMBER SITTING 

HON 

I 

VOTE OF THE WARD 

GEN 

UOTHC 

I  OTHER 

(  DENY 

I 

I 

I 

-  EXHIBITS SUBMITTED TO THE BOARD 
1  I  ORDER APPOINTING  THE BOARD 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 

I  LETTER OF NOTIFICATION 

I 

BRIEF OF PERSONNEL FILE 
MEDICAL RECORDS (64 pages) 
TRAINING RECORDS (51 pages) 

/  HEARING DATE 

/  CASENUMBER 

11  Apr 2006 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACIiEa AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00202 

Case heard at Washington, D.C. 

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

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

1  ~ n .  

I  " 
I 

I 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

1  FROM: 

I 
(EF-V2) 

SECRETARY OF THE AIR FORCE PERSOYNEL COllNClL 
AIR FORCE  DISCHARGE REVIEW  BOARD 
I535 COMMAND DR.  EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

AIR FORCE DISCHARGE REVZEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00202 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 11 Apr 2006.  The applicant's mother testified as a witness on the applicant's behalf. 

The following additional exhibits were submitted at the hearing: 

Exhibit 5:  Medical records (64 pages) 
Exhibit 6:  Training records (5 1 pages) 

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

FINDINGS: Upgrade of discharge and change of reason and authority for discharge 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. 

ISSUE: 

Issue 1.  Applicant contends his discharge was inequitable because his supervisors treated him unfairly. 
Specifically, he argues they punished him for acts he did not commit, falsely accused him of lying, singled 
him out, and required him to perform duties despite his being placed on quarters due to a shoulder injury. 
The records indicated the applicant received an Article 15, four Letters of Reprimand and one Record of 
Individual Counseling for failing dorm and uniform inspections, false statements, disrespect to an NCO, 
disobeying an order, and being late to duty.  The applicant disputed many of the facts underlying these 
actions.  However, the applicant's  claims were too sweeping to be credible and were not supported by the 
statements or testimony of others.  While the medical record was ambiguous as to whether the applicant was 
placed on quarters or returned to duty, his supervisors had called the military treatment facility to check on 
his status.  Therefore, the Board was not convinced the applicant was treated inequitably.  The Board 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 the conduct expected of all 
military members.  The characterization of the discharge received by the applicant was found to be 
appropriate. 

Issue 2.  Applicant contends discharge was improper because he was wrongly denied access to medical care. 
Specifically, he contends that his discharge should have been delayed to allow further treatment of his 
shoulder.  The applicant testified that the doctor who performed his separation physical examination 
requested the applicant be placed on administrative hold pending further medical treatment, but that he was 
nevertheless discharged.  The separation physical was performed on 28 Feb 05 and documented his shoulder 
injury.  While two separate Standard Forms 88 were used to record the results of the examination (each 
recording different portions of the exam), both Forms 88 document pain and instability of the right shoulder 
in block  17(T).  One of the Forms 88 recommends further orthopedic examination of the shoulder in block 
44 but simultaneously finds the applicant "qualified for separation" in block 46.  Moreover, the Board 
concluded that if the applicant's  shoulder injury had been medically disqualifying, administrative discharge 
under AFI 36-3208 would have been more appropriate than a discharge for medical reasons.  Accordingly, 
the Board finds no impropriety in his discharge. 

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 A1C) 

MISSING MEDICAL RECORDS 

1.  MATTER  UNDER REVIEW:  Appl rec'd  a GEN Disch fr Eielson AFB AK ON 16 Mar 05 
UP AFI 36-3208, para 5.49  isco conduct  - Minor Disciplinary Infractions) .  Appeals 
for Honorable  isc charge  and Change in Reason for Discharge. 

2 .   BACKGROUND: 

a. DOB: 13 May 85.  Enlmt Age: 17 8/12. Disch Age: 19 10/12. Educ: HS DIPL. 
AFQT: N/A.  A-55,  E-46,  G-32,  M-40. PAFSC: 2A631E -  Aerospace Propulsion  ('$110 
Jet Engine) Apprentice. DAS: 10 Dec 03. 

b.  Prior Sv: (1) AFRes 21 Jan 03 -  16 Jun 03  (04 mos 26 das) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 17 Jun 03 for 4 years Svd: 01 Yrs 09 Mo 00 Das, all AMS. 

b.  Grade Status:  A m  -  31 Jan 05  (Article 15, 31 Jan 05) 

A1C -  19 Oct 04 
A m  -  19 Dec 03 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 31 Jan 05, Eielson AFB AK -  Article--2_1_ ,---- 

Yp_u,--h-alr_inq ----. 

received a lawful order from SMSgt I L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : f  
a senior NCO, then known by you to be a senior NCO, to 
refrain from operating your motor vehicle except to have 
an IM test performed or words to that effect, an order 
which it was your duty to obey, did, on or about 5 Jan 
2005, willfully disobey the same.  Article 134.  You, 
being indebted to Military Star Credit Card in the sum 
of about $68.00 for goods and services, which amount 
became due and payable on or about 11 Jan 2005, did, on 
divers occasions, from on or about 11 Oct 2004, to on or 
about 11 Jan 2005, dishonorably fail to pay said debt. 
Reduction to Amn.  Thirty days extra duty; that portion 
in excess of 15 days is suspended.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 17 FEB 05 -  Failure to meet minimum appearance 

standards and failure to follow orders. 

LOR, 25 JAN 05 -  Making a false official statement. 
LOR, 19 NOV 04 -  Failure to go at the time prescribed. 
LOR, 10 AUG 04 -  Failure to obey a lawful order, failure to 

go and disrespect towards an NCO. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (01) Mos  (26) Das 
TAMS: (01) Yrs  (09) Mos  (00) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 16 May 2005. 

(Change Discharge to Honorable and Change Reason for discharge.) 

Issue 1:  I was discharged without proper medical care. 

ATCH 
1.  DD Form 149. 
2.  Forty-eight pages of his medical records. 
3.  Three pages of Training Requirements. 
4.  Three MFRs from Supervisors. 
5.  Two page reply to LOR. 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

FROM:  354 MXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force, according to AFPD 36- 
32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of 
Airmen, under the provisions of paragraph 5.49, Misconduct - Minor Disciplinary Infractions.  If 
my recommendation is approved, your service will be characterized as Under Honorable 
Conditions (General).  I am recommending that your service be characterized as Under 
Honorable Conditions (General). 

2.  My reason for this action is: 

a.  On or about 28 May 04, your dorm room was found to have been kept in an unsanitary 

condition with dirty clothes, food wrappers, and moldy food lying throughout the entire room. 
For this incident, you received a Record of Individual Counseling (RIC), dated 3 Jun 04 (Atch 1). 

b.  On or about 30 Jul04, you failed to obey a lawkl order from a noncommissioned 

officer to complete a set of flash cards for Volume 1 of your Career Development Course, you 
failed to report to your appointed place of duty at the time prescribed, you made a false statement 
to your supervisor about being on 24-hour quarters when you were not, and you were 
disrespectful to an NCO when he directed you to report for duty.  For this incident, you received 
a Letter of Reprimand (LOR), dated 10 Aug 04 (Atch 2). 

c.  On or about 9 Nov 04 and  15 Nov 04, you failed to report to your appointed place of 
duty at the time prescribed.  You were 4 hours late the first time and 1 hour and 45 minutes late 
the second time.  For these incidents, you received an LOR, dated 19 Nov 04 (Atch 3). 

d.  On or about 24 Jan 05, you made a false statement to a Senior NCO (SNCO) regarding 
the location of your service dress uniform.  For this incident, you received an LOR, dated 25 Jan 
05 (Atch 4). 

e.  On or about 5 Jan 05, you willftilly disobeyed a lawful order from a SNCO to refrain 
from operating your motor vehicle except to have an IM test performed.  For this incident, you 
received nonjudicial punishment via Article 15, dated 3 1 Jan 05, which was placed into an 
Unfavorable Information File (Atch 5). 

f.  On or about 14 Feb 05, you willfblly disobeyed a lawful order from a SNCO, given 

during an open ranks inspection on 11 Feb 05, to get a hair cut, clean and press your uniform and 
shine your boots by 14 Feb 05.  For this incident, you received an LOR, dated 17 Feb 05 
(Atch 6). 

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 United States Air Force.  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.  The separation authority will make the 
findings and recommendations required under 10 U.S.C. Section 2005(g). 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult the Area Defense Counsel at Bldg 261 0, Rrn  160, 
on 25 FeS  o <   , at  0930  Jmhours.  You may consult civilian counsel at your own 
expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
i flu or  unless you request and 
separation authority to consider must reach me by 
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 in 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 354th Medical 
Group, 2630 Central Ave Ste, Eielson AFB, AK on  2 8  kS  &J- 
the examination. The examination is for possible administrative discharge. 

, at - O ~ Q O  

J w h o u r s  for 

8.  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 at your Area Defense Counsel's office. 

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

I 

Attachments: 
1.  RIC, dtd 3 Jun 04 (2 pgs) 
2.  LOR, dtd 10 Aug 04 (4 pgs) 
3.  LOR, dtd 19 Nov 04 (2 pgs) 
4.  LOR, dtd 25 Jan 05 (3 pgs) 
5.  AF Form 3070lAF Form 1 137, dtd 3 1 Jan 05 (7 pgs) 
6.  LOR, dtd 17 Feb 05 (2 pgs)