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V 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

N A M F  n~ c~r)\,~c'r: 

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IITIriL) 

GRADE 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

TYPE GEN 

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YLS 

No 
X 

MEMBER SITTING 

INDEX  NUMBER  A67.50 

I 

AlC 

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, X  RECORD REVIEW 

ADDRESS AND OR ORGANIZATION  OF (.OUNSEI. 

I 

.  E X H I B I T ~ ~ ~ ~ ~ M ~ T ~ E D  
1  I  ORDER APPOINTMG THE BOARD 
1  2  /  APPLICATION 1:OK  REVIEW O F  DISCHARGE 

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IIEAIUNG DATE 

CASE NUMBER 

LETTER OF NOl'IFlCATION 

PERSONAL APPEARANCE 
I  TAPE KECORDING OF PERSONAL APPEARANCE 

I 

24 Jan 2006 
APPLICANT'S ISSUE AM, THE  BOARD'S DECISIONAL RATIONAL  hRt DISCUSSED ON TW ATTACHED AIR FORC6 DISCHARGE =VIEW  BOARD DECISIONAL RATIONALE 

FD-2005-00278 

I 

I 

I 

Case heard via video-teleconference  between Andrews AFB, MD and St Augustine, FI,. 

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

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

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550 C S'I'KEET WEST, SUITE 40 
RANDOLPH  AFB, TX 78 150-4732 

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SECRETARY  OF THE AIR FORCE PFRSONNEL COVNCII, 
AIR FORCE DISCIIARGE  RhVlEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DEClSIONAL RATIONALE 

CASE NllMBER 

FD-2005-00278 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  ( D M )  and  was 
scheduled to participate  in a video-teieconference,  but  did not appear at the time specified.  Because he did 
not keep the appointment, his case was considered as a non-personal appearance case. 

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: 

Issuc.  The applicant cited his desire to receive the G.1. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement acknowledging that he must 
receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to 
the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or 
impropriety which would warrant an upgrade.  The DKR examined the basis for discharge and thc 
supporting documents as well as the Area Defense Counsel's  submission on behalf of the applicant, but 
could find no impropriety or inequity which would justify  an upgrade in service characterization. 

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 

DEPARTNENT  OF THE AIR FORCE 

A I R   FORCE  DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  BID 

(Former AlC) (HGH AlC) 

1.  MAPTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Grand Forks AFB, ND on 10 Sep 
02 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 17 Sep 80. Enlmt Age: 17 7/12.  Disch Age: 21 11/12. Educ: HS DIPL 
AFQT: N/A.  A-90,  E-71,  G-55,  M-69. PAFSC: 3P051 -  Security Forces Journeyman 
DAS: 28 Nov 98. 

b.  Prior Sv: (1) AFRes 28 Apr 98 -  07 Jul 98 (2 months 10 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 8 Jul 98 for 4 yrs. Svd: 04 Yrs 02 Mo 03 Das, of which 

AMS  is 04 y r s   01 month 29 days (excludes 5  days lost time). 

b.  Grade Status:  A1C -  08 Nov 99 
AMN -  08 Jan 9 9  

c.  Time Lost:  27 Jun 02 -  02 Jul 02 (5 days). 

d.  Art 15's:  (1) 23 May 02, Grand Forks AFB, ND -  Article 92.  You, who 

knew of your duties, between on or about 8 Apr 02 and on 
or about 25 Apr 02, were derelict in the performances of 
those duties in that you willfully failed to refrain 
from using your Bank of America government travel card 
while not on temporary duty status or permanent change 
of station status, as it was your duty to do.  Suspended 
reduction to Airman.  Ten days extra duty.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 31 JUL 02 -  Civil arrest and confinement for long term 

neglect and child abuse resulting in the 
death of an infant child. 

LOR, 02 J U N   02 -  Missed final housing inspection. 
LOR, 15 MAY 02 -  Failure to obey a lawful order. 
LOC, 15 MAY 02 -  Failure to obey a lawful order. 
LOR, 15 MAY 02 -  Failure to obey a lawful order. 
LOC, 04 MAR 02 -  Failure to report at the required time. 

f.  CM:  None. 

g.  Record of SV: 08 Jul 98 -  07 Mar 00  Grand Forks AFB  3  (Initial) 

08 Mar 00 -  07 Mar 01  Grand Forks AFB  4  (Annual) 
08 Mar 01 -  07 Mar 02  Grand Forks AFB  4  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFLSAR, AFOUA. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (04) Mos  (14) Das 
TAMS: (04) Yrs  (01) Mos  (29) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02 J U ~  05 

(Change Discharge to Honorable) 

I s s u e   1:  To enable the use of the MGIB &  to continue my career in law 

enforcement. 

ATCH 
1. Enlisted Peformance Reports. 
2. Certificate of Appreciation. 
3. Letter of Appreciation. 
4 .   Certificate of Completion. 
5. Two Certificates of Appreciation. 
6 .   Two Training Certificates. 
7. Armed Forces Expeditionary Medal. 
8. Six Training Certificates. 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS. 3 19TH AIR  REFUELING WING IAMC) 

GRAND FORKS AIR FORCE BASE. NORTH DAKOTA 

MEMORANDUM FOR AlC 

FROM:  3 19 SFS/CC 

SUBJECT:  Addendum to the Notification Memorandum, dated 14 August 2002 

I. On 14 Aug 02, I recommended your discharge from the United States Air Force for the commissio&f 
a serious offense in accordance with AFPD 36-32 and AH 36-3208, paragraph 5.52.3.  This is to notify 
you that I have decided to change my recommendation for the basis of your discharge to a pattern of 
misconduct, conduct prejudicial to good order and discipline, in accordance with AFPD 36-32 and 
AFI 36-3208, paragraph 5.50.2.  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 reasons for this action arc: 

a.  On or about 8 Aug 01, your infant child died in your assigned quarters on Grand Forks AFB, 

resulting in your arrest and confinement by the Grand Forks County Sheriffs Department on 27 Jun 02. 
The child exhibited indications of a failure to thrive based on long term neglect.  An autopsy showed 
bruising indicative of child abuse within the two days preceding the death.  Injuries included bruises on 
the infant's head, buttocks, leg, and stomach areas.  Furthermore, bleeding was noted in the brain and an 
injury to the spinal column near the neck.  Yor this misconduct, you received a Letter of Reprimand 
(LOR), dated 3 1 Jul02 (Attachment A to Notification Letter dated 14 Aug 02). 

b.  On divers occasions, on or about 3 1 May 02, TSgt 

you  supervisor, was notified that you 

rescheduled your final housing inspection on four different occasions.  For this misconduct, you received 
a Letter of Reprimand (LOR), dated 2 Jun 02 (Attachment B to Notification Letter dated  14 Aug 02). 

c.  On divers occasions, between on or about 8 Apr 02 and on or about 25 Apr 02, you wrongfully 

used your Bank of America government travel card while not on temporary duty or permanent change of 
station status.  For this misconduct, you received an Article  15, dated 23 May 02, and an Unfavorable 
Information File (UIF), dated 28 May 02 (Attachment C to Notification Letter dated  14 Aug 02). 

d.  On or about 14 May 02, you disobeyed a lawful order given by MSgt 

, by failing to properly 
contact MSgt Flickenger when told to do so.  For this misconduct, you received a LOR, dated 15 May 02 
(Attachment D to Notification Letter dated  14 Aug 02). 

e.  On or about  14 May 02, you disobeyed a lawful order given by SSgt 

by failing to weigh-in 
and get measured for body fat by the requested cut-off date.  For this misconduct, you received a Letter 
of Counseling (LOC), dated 15 May 02 (Attachment E to Notification Letter dated 14 Aug 02). 

f.  On 13 May 02, you disobeyed a lawful order gven by SSgl 

by failing to read a three page 
report during guard mount.  For this misconduct, you received a LOR, dated 15 May 02 (Attachment F to 
Notification Letter dated 14 Aug 02). 

g.  On or about 19 Feb 02, you failed to report to urinalysis by the required time.  For this misconduct, 

you received a LOC, dated 4 Mar 02 (Attachment G to Notification Letter dated 14 Aug 02). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation have been previously provided with the 14 Aug 02 Notification Letter.  The commander 
exercising SPCM jurisdiction 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.  As noted in the Notification Letter dated 14 Aug 02, you have the right to consult military legal 
counsel or civilian counsel at your own expense.  Additionally, you were informed of your right to 
submit statements in your own behalf.  I gave you until 8 3  August 2002 to submit any statements you 
wanted the separation authority to consider, or to waive these rights.  I am giving you an additional three 
duty days from receipt of this addendum to consult with counsel and submit any matters, unless you 
request and receive an extension for good cause shown.  I will send them to the separation authority.  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. 

5.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A Privacy 
Act statement is attached.  A copy of AFI 36-3208 is available for your use in the squadron orderly room. 

% paj, WAF 

ohnrnander, 3 19 SFS 

Attachments: 
1.  Privacy Act Statement 
2.  Acknowledgement of Receipt of Addendum to the Notification Memorandum 
3.  Discharge under AFI 36-3208 Memorandum 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 3 1 S T H  AIR REFUELING WING (AMC) 

GRAND FORKS AIR  FORCE BASE. NORTH DAKOTA 

MEMORANDUM FOR A 1 C 

FROM:  3 19 SFSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for the commission of a serious 
offense.  The authority for this action is AFPD 36-32 and AFI 36-3208 in accordance with paragraph 
5.52.3.  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:  On or about 8 Aug 01, your infant child died in your assigned quarters 
on Grand Forks AFB, resulting in your arrest and confinement by the Grand Forks County Sheriffs 
Department on 27 Jun 02.  The child exhibited indications of a failure to thrive based on long term 
neglect.  An autopsy showed bruising indicative of child abuse within the two days preceding the death. 
Injuries included bruises on the infant's head, buttocks, leg, and stomach areas.  Furthermore, bleeding 
was noted in the brain and an injury to the spinal column near the neck.  For this misconduct, you 
received a Letter of Reprimand (LOR), dated 3 1 Jul02 (Attachment A). 

3.  Other derogatory data: 

a.  On divers occasions, on or about 3 1 May 02, TSgt 

1 you supervisor, was notified that you 

rescheduled your final housing inspection on four different occasions.  For this misconduct, you received 
a Letter of Reprimand (LOR), dated 2 Sun 02 (Attachment B). 

b.  On divers occasions, between on or about 8 Apr 02 and on or about 25 Apr 02, you wrongfully 

used your Bank of America government travel card while not on temporary duty or permanent change of 
station status.  For this misconduct, you received an Article 15, dated 23 May 02, and an Unfavorable 
Information File (UIF),  dated 28 May 02 (Attachment C). 

c.  On or about 14 Mav 02, you disobeyed a lawful order given by MSgt 

I by failing to properly 
when told to do so.  For this misconduct, you received a LOR, dated. 15 May 02 

contact MSg 
(Attachment D). 

d.  On or about 14 May 02, you disobeyed a lawful order given by S S g t  

by  failing to weigh-in 
and get measured for body fat by the requested cut-off date.  For this misconduct, you received a Letter 
of Counseling (LOC), dated 15 May 02 (Attachment E). 

e.  On 13 May 02, you disobeyed a lawful order given by S S g t  

)y failing to read a three page 
report during guard mount.  For this misconduct, you received a LOR, dated 15 May 02 (Attachment F). 

f.  On or about 19 Feb 02, you failed to report to urinalysis by the required time.  For this misconduct, 

you received a LOC, dated 4 Mar 02 (Attachment G). 

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 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.  You 
have been scheduled an appointment at the Office of the Area Defense Counsel at Building 306, Room 
32 1, on  (  L(  &&  o'A  at  @& 0  hours.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your 
authority to consider must reach me by 3 0  &q(&t  - 
extension for good cause shown.  I will send them 

you want the separation 

unless you request and receive an 

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 the 3 19th Medical Group on 
W1t9 0 1 at 

I O 40  hours for the examination. 

8.  Deliver to me immediately your military identification card.  I have requested that a temporary 
identification card be issued MW AFI 36-3026(I), paragraph 4.2.  You will report to me by COB 
10 verify that issuance of temporary Identification Card has been accomplished. 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A Privacy 
Act statement is attached.  A copy of AFI 36-3208 is available for your use in the squadron orderly room. 

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

, Maj, USAF 

Chmander, 3 19 SFS 

Attachments: 
1.  Privacy Act Statement 
2.  Supporting Documents 
a.  LOR, dated 3 1 Jul02 

3.  Other Derogatory Data 
b.  LOR, dated 2 Sun 02 
c.  Article 15/UIF, dated 23 May 02, wlresponse 
d.  LOR, dated 15 May 02 
e.  LOC, dated 15 May 02 
f.  LOR, dated 15 May 02 
g.  LOC, dated 4 Mar 02 

4.  Acknowledgement of Receipt of Notification Memorandum 
5.  Discharge under AFI 36-3208 Memorandum 
6.  Personal Information