I 

I 

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NAME OF SERVICE ~ I E M R E R  (1 .AST  FIRCT  ~ 1 n n l  .E INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

1  AMN 
X 

AFSN/SSAN 

I 

RECORD REVIEW 

PERSONAL APPEARANCE 

NAME  OF COUNSEL AND O R  ORGANUATION 

ADDRESS AND O R  O R G A N U A n O N  O F  COUNSEL 

TYPE GEN 

'OUNSEL 

YES 

No 
X 

ISSUES  A94.05 

INDEX NUMBER 

A49.00 

HEARING  DATE 

CASE NUMBER 

1  (  ORDER APPOINTING  THE BOARD 
1  2  (  APPLICATION  FOR  REVIEW OF DISCHARGE 
3  (  LETTER  OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
1  TAPE RECORDING  OF PERSONAL APPEARANCE 

1 

04 J a n  2006 
APPUCANT'S ISSUE AND THE BOARD S DEClSlON4L.  RATIONAI.  ARE DISCUSSED ON THE A'LYACHED  AIR FORCE DISCHARGEREVIEW BOARD DECISIONAL  RATIONALE 

FD-2005-00230 

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Case heard at Washington, D.C 

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 appli&ant's request. 

SICNATIIPP  n v  o rm n n r -  

SIGN- 

ROARD PRESIDEN.I/  - 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

1R FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB.  MD 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-2005-00230 

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:  Applicant contends discharge was inequitable  because it was too harsh.  The records indicated the 
applicant  received  an Article  15 for  sleeping on duty  as a Security Forces Journeyman.  He also received  a 
Vacation action under the UCMJ for playing video games while on front gate duty.  In addition, he received 
three Letters of Reprimand, two Letters of Counseling, two Letters of Admonishment, and was placed on the 
Control  Roster  for  dereliction  do  duty,  failure  to  go,  reporting  in  an  unserviceable uniform,  disobeying  a 
lawful order, lying and being late for duty.  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.  Applicant  states that his discharge did not 
take  into  account  the  good  things  he  did  while  in the  service.  The DRB  took  note  of the  applicant's duty 
performance  as  documented  by  his  performance  reports, 
letters  of  recommendation  and  other 
accomplishments.  They  found  the  seriousness of the willful  misconduct  offset  any positive  aspects  of the 
applicant's duty  performance.  The Board  concluded  the  discharge  was  appropriate  for  the  reasons  which 
were the basis for this case. 

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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REWIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH A1C) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Incirlik AB, Turkey on 18 Jan 
02 UP AFI 36-3208, para 5.26  (Unsatisfactory Performance).  Appeals for Honorable 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 24 Aug  80. Enlmt Age: 17 11/12.  Disch Age: 21 4/12. Educ: HS DIPL. 
AFQT: N/A.  A-50,  E-93,  G-88,  M-81. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 24 May 01. 

b.  Prior Sv:  (1) AFRes 11 Aug 98 -  5 Jan 99  (4 months 26 days) (Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as A1C 6 Jan 99 for 6 yrs. Svd: 3 Yrs 0 Mo 13 Das, all AMS. 

b.  Grade Status:  Amn  -  26 Oct 01  (Vacation of Article 15, 14 Nov 01) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 14 Nov 01, Vacation, Incirlik AB, Turkey -  Article 92. 

You, who should have known of your duties, on or about 6 
Nov 01, were derelict in the performance of those duties 
in that you willfully failed to abide by the Special 
Security Instruction, dated 10 Oct 01, as it was your 
duty to do, to wit: you played video games when you were 
to remain vigilant while on front gate duty.  Reduction 
to Airman.  (No appeal) (No mitigation) 

(2) 26 Oct 01, Incirlik AB, Turkey -  Article 113.  You, on 

or about 18 Oct 01, being on post as a sentinel at or 
near protective aircraft shelter 1-8 in the vault 
storage area, were found sleeping upon your post. 
Suspended reduction to Airman.  Forfeiture of $584.00 
pay, a reprimand, and 15 days extra duty. (No appeal) 
(No mitigation) 

e.  Additional: LOR, 02 OCT 01 -  Dereliction of duty. 

LOC, 07 SEP 01 -  Failure to go. 
LOC, 03 SEP 01 -  Reporting to a flight formation with an 

unserviceable uniform. 

LOR/CR, 13 JUL 01 -  Disobeying a lawful order. 
LOA, 04 APR  01 -  Failure to obey a lawful order. 
LOA, 29 MAR 01 -  Late for duty. 

LOR, 10 APR 01 -  Failure to obey a direct order and lying. 

f.  CM:  None. 

g.  Record of SV: 06 Jan 99 -  15 Jul 00  Spangdahlem AB  3  (HAF Dir) 

16 Jul 00 -  25 Apr 01  Spangdahlem AB  3  (CRO) 

h.  &art(&  &  Decs:  AFTR, AFSM, NATOM, AFOUA W/1 DEV, AFOSSTR. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (5) Mos  (8) Das 

TAMS:  (3) Yrs  (0) Mos  (13) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm  293) dtd 7 Jun 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

To: The Air Force Discharge Review Board 

I am requesting a change in my discharge status.  I believe that I was made an example of 
and not given a fair chance for my overall Air Force career to be taken into account.  I 
hope that I can convince you with my own statement and the statements of my employers 
to change my discharge to honorable.  I regret the mistakes I made in the military and 
would have very much like to have furished my term of service.  I had never imagined 
life outside of the military therefore only have the skills the Air Force has given me.  I am 
currently enrolled in the University of Houston Basic Peace Officer Training Course.  I 
was Security Police in the Air Force and although my chance in the military is over, I 
would like the chance to serve my local community a Police Officer.  I am aIso trying to 
improve my standard of living.  I have a 13 year old step daughter a 8 year old niece that 
I recently became a managing conservator of and a 1 year old daughter.  I am unable to 
support my family properly on a security officers salary.  I have all the other requirement 
to become a police officer except an honorable discharge. I hope that you are able to help 
and I thank you for your valuable time. 

a 

e  P~@S+&X  Td 

DEPAR'TMENT OF THE AIR FORCE 

39TH WING (USAFE) 

1 0 DEC  20D1 

MEMORANDUM FOR AMP 

FROM:  39 SFSICC 

SUBJECT:  Notification Memorandum 

1.  I am  recommending you  for discharge from the United States Air Force for Unsatisfactory 
Performance.  The authority for this action is AFPD 36-32 .md AF136-3208, paragraph 5.26.  If 
my recommendation is approved, your service will be characterized as honorable or general.  I 
am recommending that your service be characterized as general. 

2.  My reason for this action is that your performance has been unsatisfactory. 

a.  On 26 Mar 01, you  failed to obey an order to complete a written statement about the loss 
of  your wet weather gear and obtain replacement gear.  On 27 Mar 01, you were ordered 
again, yet  failed to complete these same two tasks again, and thereafter lied about your 
actions.  Both of  these incidents resulted in a LOR, dated 10 Apr 01, which was placed in 
a UIF. 

b.  On  27 Mar 01, you  reported late for duty (your third such incident), resulting in a LOA, 

dated 29 Mar 01, which was added to your UIF. 

c.  On 3 Apr 01, you failed to wear your second chance vest, IAW squadron policy, resulting 

in a LOA, dated 4 Apr 01, which was added to your UIF. 

d.  On  15 Jun 01, you disobeyed a lawful order not to communicate matters about an official 
investigation, resulting in  an  LOR, dated  13 Jul  01,  which  was  added to  your UIF.  In 
addition,  on  19  Jul  01,  you  were  placed  on  a  Control  Roster  for  your  continued 
misconduct. 

e.  On 3 Sep 01, you reported to a flight formation with an  unserviceable uniform, and were 

issued an LOC, dated 3 Sep 01, which was placed in your PI.. 

f.  On 6 Sep 01, you failed to go to a wing level appointment, and were given an LOC, dated 

7 Sep 01, which was placed in your PIF. 

g.  On  or about 2 Oct 01, you  failed to post with  all your required gear, and were given an 

LOR, dated 2 Oct 01, which was placed in your PIF. 

h.  On  18 Oct 01, you were sleeping on post as a sentinel, and were issued an Art  15, dated 
26  Oct  01,  which  was  added  to  your  UIF.  You  received  a  suspended  reduction  to 
Airman, forfeiture of $584.00 pay, a reprimand, and 15 days extra duty. 

i.  On  6 Nov 01, you  were playing video games while on front gate duty.  Your suspended 
reduction to Airman was vacated in a vacation action, dated 14 Nov 01, which was added 
to your UIF. 

2. . 

ts 

r 

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.  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 recouprnent. 

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 with the Area Defense  Counsel  at Bldg 948 on 
.  You  may  consult  civilian  counsel  at  your  own 

/COO 

at 

expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you  want  the 
separation authority to consider must reach me by IOU 
0 , / 7 k c  0 l  unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

6.  Lf 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  39th  Medical 
Group, Physical Exams at am  on  12  0- 
8.  You  have  also  been  scheduled  to  meet  with  Separations  (6-6418)  at  M I A  on 

for the examination. 

Qf 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act  of  1974.  A 
copy of Am 36-3208 is available for your use at the Area Defense Counsel's  office. 

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

Commander, 39th Security Forces Squadron 

Attachments: 
1.  Documents Supporting Discharge Action 

a.  Letter of Reprimand, dtd 10 Apr 01 
b.  AF Form 1058 Establishing UIF, dtd 10 Apr 01 wlatch 

c.  Letter of Admonishment, dtd 29 Mar 01 
d.  Letter of Admonishment, dtd 04 Apr 01 
e.  Letter of Reprimand, dtd 13 Ju10 1 
f.  AF Form 1058 Establishing Control Roster, dtd 19 Jul01 
g.  Letter of Counseling, dtd 3 Sep 0 1 wlatch 
h.  Letter of Counseling, dtd 7 Sep 01 
i.  Letter of Reprimand, dtd 2 Oct 01 wlatch 
j.  Article 15, dtd 26 Oct 01 w/atch 
k.  Vacation Action, dtd 14 Nov 01 wlatch 

2.  AF Form 3008 Supplement to Enlistment Agreement, dtd 6 Jan 99 
3.  Receipt of Notification Memo 
4.  Beyanname Closure Memo