AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRSI' MIDDLE INITIAI,) 

rYPE GEN 

PERSONAL APPEARANCE 

CR4DE 

1  A l C  

X 

1 

RECORI) REVIEW 

NAME OF COIJNSEL ANU OX ORGANIZATION 

AUURES3 AND O R  ORGANIZATION OF COUNSEL 

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No 
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ISSUES 

A94.11 
A94.05 

INDkX NUMBER 

A67. I 0  

HEARING  DATE 

CASE NUMBER 

1 
2 
3 
4 

1 

EXHlBlTS SUBMlTI&D TO THE BOARD 

ORDER Al'l'OFJTING  T'Hk  BOARD 
APPI,ICA'I ION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FIIX 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBI'I'S  SUBMITTED AT TIME C)F 
PERSONAL APPEARANCE 

I'AI'E  RECORDING OF PERSONAL APPEAIiANCE 

APPLICANT'S ISSUE kVD T I E  BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON 1HE ATTACHED .AIR FOKCE DISCHARGE REVIEW BOARD DECISIONAL RATION 4Lk 

I 

I 

Zase heard at Washington, D.C. 

idvise applicant of the decision of the Board, the riglit to a persolla1 appearance with/without counsel, atid the right to 
ubmit an application to the AFBCMR 

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

'Reason and Authority 
-Reenlistment Code 

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TM~I)~~EMEPJT 

-.- - - - - - - - - - - - - - - - - -, 

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DATE:  7/314001r 
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-- 

TO: 

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

-- 

-- 

AFHQ FORM 0-2077, JAN 00 

SECRETARY O F  THE AIR  FUKCB PERSONNEI, COUNCIL 

-- 

Previoi~s edition will  be used 

AIR FORCE DlSCHARGE REVIEW BOARD DEClSIONAL RATIONALE 

CASE NUMBER 

FD-2005-00256 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, to change the reason and 
authority lor the discharge. and to change the recnlistrnent code. 

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

FINDINGS:  Upgradc of discharge, change of reason and authority for discharge, and changc 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. 

ISSUE: 

Issue.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15 and four Letters of Reprimand for misconduct.  In reverse order of 
occurrence, the applicant received four Letters of Reprimand for missing dental appointments, being late for 
work and driving under the influence of alcohol.  'She Article  15 was for being on post as a sentinel and 
found sleeping on duty.  He was reduced to airman first class and suspended forfeiture of pay.  The DRS 
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 expcctcd 
of all military members.  The characterization of the discharge received by the applicant was found to be 
appropriate. 

If he can provide additional documented information to substantiate an issue, the applicant should consider 
exercising his right to make a personal appearance before the Board.  If he should choose to exercise his 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual 
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the 
community. 

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 thc 
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 01. 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 A1C)  (HGH SRA) 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Minot AFB, ND on 26 Jan 05 UP 
AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 01 Apr 79.  Enlmt Age: 20 0/12.  Disch Age: 25 9/12. Educ: HS DIPL. 
AFQT: N/A.  A-68,  E-42,  G-70,  M-30. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 23 Sep 99. 

b.  Prior Sv:  (1) AFRes 21 Apr 99 -  27 Apr  99  (7 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 28 Apr 99 for 6 yrs. Svd: 05 Yrs 08 Mo 29 Das, all AMS. 

b.  Grade Status:  A1C -  14 Dec 04  (Article 15, 14 Dec 04) 

SrA -  18 Oct 01 
A1C -  11 Jun 99 

c.  Time Lost:  None. 

d.  Art 15's: 

(1) 14 Dec 04, Minot AFB, ND -  Article  113.  You, on or 

about 26 Nov 04, being on post as a sentinel on the east 
side of the RAPCON were found sleeping upon your post. 
Reduction to AlC.  Suspended forfeiture of $200.00 pay 
per month  for 2 months.  Thirty days extra duty. 
(Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 11 NOV 04 - Missed dental appointment. 

LOR/UIF/CR, 10 NOV 04 -  Driving under the influence of 

LOR, 05 OCT 04 - Late for work. 
LOR, 29 SEP 04 -  Missed dental appointment. 

alcohol. 

f.  CM:  None. 

g.  Record of SV: 28 Apr 99 -  30 Dec 00  Minot AFB  5  (Initial) 

31 Dec 00 -  30 Dec 01  Minot AFB  5  (Annual) 
31 Dec 01 -  30 Dec 02  Minot AFB  5  (Annual) 
31 Dec 02 -  15 Oct 03  Minot AFB  3  (CRO) 

h.  Awards  &  Decs:  AFAM, AFTR, NDSM, AFLSAR, AFEM W/GOLD BOARDER. 

i.  Stmt of Sv:  TMS:  (05) Yrs  (09) Mos  ( 2 6 )   Das 
TAMS:  (05) Yrs  (08) Mos  (29) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Jun 05. 

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

Authority) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Service Medal Award Verification. 
4. Memorandum For Minot District Court. 
5. Article 15 With Response. 
6. Congressional Correspondence. 
7. Department of the Army Deployment Orders. 
8. Narrative Summary  (Clinical Resume). 

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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St. Louis, MO  63132-5200 
lsee http:llc~rba.army.pentagon.mil) 

AIR FORCE 

Air  Force Revlew Boerds Awncy 
SAFlMRBR 
660-C Street West,  Suite 4 0  
Randolph AFB,  TX  78 150-4742 

N A W  AND MARINE CORPS 

Naval Council of  Personnel Board8 
720 Kennon Street, S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S. Coast Guard 
Commandant /&WPM) 
2100 Second Street, S.W.  Room 5500 
Washington,  DC 20693 

OD FORM 293, MAR 2004 

page 2 of 4 Pages L 

@ DEPARTMENT 

THE N R   FOR^ 

HEADQUARTERS 5TH BOMB WING (ACC) 
MINOT AIR FORCE BASE, NORTH DAKOTA 

MEMORANDUM FOR  5 BWICC 

19 Jan 05 

FROM:  5 BWIJA 
------------------- 
SUBJECT: Legal Review - AFI 36-3208, Paragraph 5.49 Discharge, A1C L ------------------ 

--------------- 
:..-..-..-..-.-o 

: 5 SFS, Minot AFB, ND 

1.  I have reviewed the administrative discharge action against AlC: .------------------- 
legally sufficient to support his general discharge from the Air Force. 

, - - - - - - - - - - - - - - - - - - -  

j and find it 

2.  BASIS FOR THE ACTION:  Administrative action against A1C I------- 
misconduct pursuant to AFI 36-3208, Administrative Separation of  Airmen, 28 Mar 03, Chapter 
5, Section H, Paragraph 5.49 (Minor Disciplinary Infractions).  The pattern of misconduct 
consists of the following: 
a.  On 26 Nov 04, A 1 C I::::::; 

while on post as a sentinel on the east side of the RAPCON 

C - . . - . . - j is based on 

was found sleeping upon his post.  He was punished under Article 15 of tho UCMJ on 14 Dec04. 

b.  On 9 Nov 04, AlCi-------- 

-..-..-.. bgain failed to show for a mandatory class 3 appointment at the 

dental clinic which he missed just six weeks prior.  He received an LOR on 1 1 Nov 04. 

c.  On 18 Oct 04, AlC: -------- jwas  arrested by Minot Police for Driving Under the Influence of 

I - - - - - - - -  

Alcohol.  On 1 Nov 04, he was convicted of this offense by the civilian court, and received a 
$325.00 fine.  He received a Letter of Reprimand (LOR) on 10 Nov 04. An Unfavorable 
Information File was established and he was added to a Control Roster. 

I - - - - - - - -  

d.  On 5 Oct 04, AlC : ....... .has late for duty for the second day in a row.  On 4 Oct 04, he 

was excused because of vehicle problems.  A1C : C . - . . - . . :contacted his supewisor on 5 Oct 04, 15 
minutes prior to show time for work to inform him he would be late due to vehicle problems.  He 
received an LOR on 5 Oct 04. 

- - - - - - - , 

e.  On 29 Sep 04, AlC!------- 

.-..-..- 

j again failed to show for a mandatory class 3 appointment at the 

dental clinic.  He received an LOR dated 29 Sep 04.  (Atch 1) 

3.  MATTERS SUBMITTED BY THE RESPONDENT:  On 7 Dec 04, A1 ~ i - - - - - - - '  :was given 
the opportunity to consult with Capt - - - - - - - - - - - - - - - - 
:,  Area Defense Counsel at Minot Air Force 
Base, ND.  He choose to submit a statement for your consideration.  (Atch 3) 

L --- --- -l 

4.  DISCUSSION:  The four questions you must address in this matter are as follows: 

a.  BASIS FOR DISCHARGE:  In deciding whether A1 C ; - - - - - - j is to be discharged, you 

, - - - - - - - a  

must first determine if there is a basis for discharge.  By d e f ~ t i o n ,  minor disciplinary infractions 
involve failures to comply with nonpunitive regulations or minor offenses under the UCMJ 
which result in counseling, letters of reprimand, or Article 15s. In determining whether there is a 
.---------- 
basis for discharge, you may only consider the misconduct described in paragraph 2.  A1C 
discharge exists in this case. 

iconduct falls within the definition of minor disciplinary infractions, and thus, a basis for 

L..-.-..-.. 

b.  APPROPRIATENESS OF DISCHARGE:  If you determine a basis for discharge exists, 

, - - - - - - - . 
C -. - - - - -1 

, - - - - - - - , 

:should be discharged.  You may consider A1C 
i entire military record when making this determination.  A1 C ; - - - - - - - :has 5 years and 9 

you must next determine whether AlC: 
---------- 
L-.-.. monKsSbf active duty service. His current enlistment began on 28 Apr 99.  He has received four 
.----- 
fairly ~ o o d  Enlisted Performance Reports in this enlistment.  However, as this case shows, A1C 
- 
:has also repeatedly failed to conform to Air Force standards. He has been given 
'. -. -. .-.I 
opportunities to correct his deficiencies, as evidenced by receiving four LORs and having a U F  
established before .-------. 
measures, A 1 C; - - - - - - - I  :failed to correct his course.  Regardless of the difficulties AlC j ------- jwas 
facing during this period (as he explains in his response), he had no excuse for his irresponsible 
conduct.  Particularly for a member of Security Forces, DUI and sleeping on post are serious 
matters.  I concur with his squadron commander in recommending discharge. 
-------- 

receiving an Article 15. Despite these rehabilitative and disciplinary .------- 

c.  CHAMCTERIZATION OF SERVICE:  If you determine A1 C ; - - - - - - -ishould be 

discharged, you must also determine the characterization of the discharge.  Characterization of 
service is determined solely by the member's military record during the current enlistment.  The 
three possible characterizations of service are as follows: 

(1)  Under Other Than Honorable Conditions (UOTHC):  A UOTHC discharge is 

appropriate when the member's conduct is a significant departure from the standards expected of 
Airmen.  A recommendation for a UOTHC discharge carries with it the right to an administrative 
discharge board. 

(2)  Under Honorable Conditions (General):  A general discharge is appropriate if an 

Airman's service has been honest and faithful, but significant negative aspects of the Aiman's 
conduct or performance of duty outweigh the positive aspects of the Airman's military record. 

(3)  Honorable: An honorable discharge is appropriate when the quality of an Airman's 
service generally has met Air Force standards of acceptable conduct and performance of duty or 
has been so meritorious that any other characterization would be inappropriate. 

In this case, A1C : 
discharge.  However, his pattern of irresponsibility justifies a general discharge. 

jmisconduct has not been so deleterious as to warrant a UOTHC 

L..-..-.-. 

I - - - - - - - - - -  

d.  PROBATION AND REHABILITATION (P&R): If you decide discharge is warranted, 
you must also decide if P&R is appropriate.  You may offer P&R in any case there seems to be a 
- 
Cj- - - - - - - expectation 
reasonable 
:commander does not recommend P&R. 
:has failed to respond to repeated rehabilitative measures.  Based on his record, it is 
1 - - - - - - -1 

of rehabilitation.  AlG 

--------  - I  

..-..-..-.I 

unlikely he would respond to P&R if given the opportunity,  Accordingly, P&R should not be 
offered in this case. 

5.  ERRORS AND IRREGULARITIES: There are no errors or irregularities which materially 
affect the procedural or substantive rights of the member. 

6.  ACTION WHICH MAY BE TAKEN:  As the Special Court Martial authority, your options 
are: 

. - - - - - - - , 

a.  Retain AlC j .-..-..- jif  the evidence does not support discharge; 

b.  Return the case to the squadron for processing under a more appropriate provision; 

c.  Return the case to the squadron to entitle AlCi -------- i to a discharge board hearing if you 

believe a UOTHC discharge may be warranted; 

...-..-. 

d.  Discharge A1C : -------- jwith  a general discharge, with or without suspension for P&R; or, 

I - - - - - - - -  

e.  Forward your recommendation with specific reasons for an honorable discharge, with or 

without suspension for P&R, to 8 AFICC. 

7.  RECOMMENDATION:  I recommend you separate A1 CZ 
without suspension for probation and rehabilitation.  If you concur, please sign the letter at 
attachment 1. 

, - - - - - - - . 
L - - - - - - - j  with a general discharge 

8.  BARMENT:  Under Section 21 of the Internal Security Act of 1950 (50 U.S.C. 797), 
commanders of military installations may direct who is aithorized m w . t o  military inst~llations 
and what areas of the installation are accessible.  Such directives are legally enforceable against 
all persons, whether or not those persons are subject to the Uniform Code of Military Justice. 
Installation commanders have broad authority to exclude persons from their command.  DoD 
Directive 5200.8, paragraph c(2);  AFI 3 1-209, paragraph 1.7.  An installation commander may 
not, however, exercise this power in an arbitrary or capricious manner.  Cafeteria Workers v. 
McElroy, 367 U.S.  886 (1961), at 893.  The commander should consider the individual, the 
reason for the debarment, and the need for good order, discipline, and security on the installation, 
and ensure the length of bannent is reasonable under the circumstances.  The installation 
commander's authority to bar is non-delegable.  AFI 3 1-10 1, paragraph 8.9.  Lt Col l--- --- --- - j 
does not believe that A1C j ----------- hisconduct necessitates barment from base.  I concur with the 
commander's recommendation. 

----------- 

.----------- 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

-------------- 

staff ~ F f ~ d v o c a t e  

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

Attachments: 
1.  Letter 
2.  Case File 

@ DEPARTMENT OF THE AIR FOR a 

HEADQUARTERS 5TH BOMB WINO (ACC) 
MINOT AIR FORCE BASE, NORTH DAKOTA 

MEMORANDUM FOR  A1 C ;. . -. . -. . -. . -. . -. -. . -. . -. . -. . -. . . . -. . -. . -1, 
FROM:  5 SFSICC 

i 5 SFS 

SUBJECT:  Letter of Notification - AFI 36-3208, Paragraph 5.49 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
primarily, minor disciplinary infiactions.  The authority for this action is AFPD 36-32, Military 
Retirements and Separations, 14 Jul93, and AFI 36-3208, Administrative Separation of  Ainnen, 
9 Jul04, Chapter 5, Section H, Paragraph 5.49.  If my recommendation is approved, your 
discharge will be characterized as general or honorable.  I recommend your discharge be 
characterized as general. 

2.  My reasons for the action are: 

a.  You, on or about 26 Nov 04, at or near Minot Air Force Base, North Dakota, being on post 

as a sentinel on the east side of the RAPCON were found sleeping upon your post.  You were 
punished under Article 15 of the UCMJ on 14 Dec04. 

b.  On 9 Nov 04, you again failed to show for a mandatory class 3 appointment at the dental 

clinic which you missed just six weeks prior.  You received an LOR on 11 Nov 04. 

c.  On 18 Oct 04, you were arrested by Minot Police for Driving Under the Influence of 

Alcohol.  On 1 Nov 04, you pled guilty to this offense and received a $325.00 fine.  You 
received a Letter of Reprimand (LOR) on 10 Nov 04.  An Unfavorable Information File was 
established and you were added to a Control Roster. 

d.  On 5 Oct 04, you were late for duty for the second day in a row.  On 4 Oct 04, you were 

excused because of your vehicle problems.  You contacted your supervisor on 5 Oct 04,15 
minutes prior to show time for work to inform him you would be late due to your vehicle 
problem.  You received an LOR on 5 Oct 04. 

e.  On 29 Sep 04, you again failed to show for a mandatory class 3 appointment at the dental 

clinic.  You received an LOR dated 29 Sep 04. 

3.  The Letter of Notification with attachments will be forwarded to the separation authority in 
support of this recommendation.  The commander exercising Special Court Martial jurisdiction 
(5 BWICC) 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. 

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 Captain l . . -. . - - .-_. . -. lat the Area Defense 
Counsel Oflice, Bldg 475, Room 306A, Friday, 7 January, 2005 @ 0900 hours.  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 
separation authority to consider must reach me by \ 300 hours on 
2005, unless you 
request and receive an extension for good cause shown.  I will send any statements you provide 
to the separation authority. 

6.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of y o u  right to do so. 

7.  You have been scheduled for a medical examination. You must report to the 5th Medical 
Group Hospital, 10 Missile Avenue, Thursday, 13 January 2005 @ 1340 hours for the 
examination.  You must not drink alcoholic beverages 72 hours prior to the exam. 

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

9.  Sign the attached acknowledgment and the Statement of Understanding and return them to me 
immediately. 

:-..-..-..-.-..-..--------------------------------------' 

Commander, 5th Security Forces Squadron 

Attachments: 
1.  Receipt of Letter of Notification 
2.  Statement of Understanding 
3.  AF Form 3070, Record of Nonjudicial Punishment Proceedings, 29 Dec 04 
4.  Letter of Reprimand,  1 1 Nov 04 
5.  Letter of Reprimand, 10 Nov 04 
6.  Letter of Reprimand, 5 Oct 04 
7.  Letter of Reprimand, 29 Sep 04