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AIR FORCE DISCIIARGE REVIEW BOARD HEARING RF:COHD 

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CouNse+ 

j  NAhlE L F  COUNSEL AND OR ORC:ANI7..4TION 

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ADDRESS AND OR ORGhN17ATION 01: COUNSEL 

MEMBER SITTING 
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EXHIBITS SUBMlTTED TO THE BOARD 

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I  ORDER APPOrNTING THE BOARD 

-&I--"- 1.ETTER OF NOTIFICATION 

BRIEF OF PERSONNEL F!LJ- 

APPLICATION FOR  REVIEW OF DISCHARGE 

APPLICANT'S ISSUE AKD THE BOARD'S  DECISIONAL RATIONAL ARE  DISCllSSEO ON  W E  ATrACHED AIR  FORCR DISCHARGE REVIEW BOARD DECISICJNAL RATIONA1E 

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CASE NUMBER 

FD-2005-00247 

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1  Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a pcrsonal appearance witwwithout counsel, and the right to 
submit an application to the AFRCMR. 

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

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

SECWrAHY OF THE AIR FORCE PERSONNEL COUN(:IL 
AIR FORCE DlSCllARCE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3Rn FLOOR 
ANDREWS AFB, hW 20762-7002 

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AFHQ FO:RM 0-2077, JAN 00 

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(EE-V2) 

Previous edition will be used 

--_I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMHb H 

FD-2005-00297 

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

The applicant  was offered  a personal appearance before the Discharge Review Board  (DRH) 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. 

'I'he  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: 

1.  Applicant contends that he is more responsible now and has learned from his past mistakes.  The records 
indicated the applicant received two Article  15s, five Letters of Reprimand, four Letters of Counseling, and 
two Records of Individual Counseling for misconduct.  The misconduct includcd writing a check for 
$883.59 and not having sufilcient funds for payment of the said check, downloading and printing hate and 
racist literature on a governn~cnt computer, missed appointments, dereliction of duty, unauthorized use of a 
government computer, hilure to obey a direct order on divers occasions, financial irresponsibility, 
insubordination, failure to obey a l a w f ~ ~ l  order, backing a government vehicle without a spotter, 
inappropriate e-mail, disrespect to a non-commissioned  oflicer, and misuse of a government vehicle.  'I  he 
DRt3 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 frorn conduct expected 
of all military members.  'l'he characterization of the discharge received  by  the applicant was found to be 
appropriate. 

'I'hc  DRB was pleased to see that the applicant was doing well post-service and 11as a job with the Army 
2. 
National  Guard.  Ilowever, no inequity or impropriety in his discharge was suggested or found in the course 
of the hearing.  'The Board concluded the misconduct of the applicant appropriately characterized  his term of 
service. 

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 thc 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 o r  discharge, thus the applicant's discharge should not be changed. 

Attachrncnt : 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AlC) 

I,  MATTER UNDER REVIEW:  Appl rectd a GEN Disch fr Scott AFB, IL on 22 Aug 01 UP 
AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 16 Mar 80.  Enlmt Age: 18 8/12.  Disch Age: 21 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-70,  E-79,  G-52,  M-45. PAFSC: 2T131 - Vehicle Operations 
Apprentice. DAS: 01 Jun 9 9 .  

b.  Prior Sv: (I) AFRes 30 Nov 98 -  15 Dec 98 (16 days) (Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enlisted as Amn  16 Dec 98 for 6 yrs. Svd: 02 Yrs 08 Mo 07 Das, all AMS. 

b.  Grade Status:  Amn  -  02 Aug 01  (Article 15, 02 Aug 01) 

A1C -  28 Mar 99 

c.  Time Lost:  None. 

d.  Alrt  1 5 ' s :   (1) 02 Aug 01, Scott AFB, I L   -  Article 123a.  You, did, on 
or about 15 Jun 01, with intent to defraud and for the 
procurement of things of value, wrongfully and 
unlawfully make to Midas, a certain check drawn upon 
Scott Credit union in words and figures as follow, to 
wit: Check #183, in the amount of $883.59, dated 15 Jun 
01, then knowing that you, the maker thereof, did not or 
would not have sufficient funds in or credit with such 
bank for the payment of the said check in full upon its 
presentment.  Reduction to Airman, and 30 days 
restriction. (No appeal)  (No mitigation) 

(2) 03 May 00, Scott AFB, XL -  Article 92.  You did, on or 

about 16 Apr 00, violate a lawful general regulation, to 
wit: paragraph 6.1.3 of AFI 33-129, Txansmission of 
information via the Internet, dated 1 Aug 99, by 
wrongfully downloading and printing on a government 
provided computer "hate and racist literature." 
Suspended reduction to Airman.  Forfeiture of $50.00 pay 
per month for 2 months, and a reprimand. (No appeal) (NO 
mitigation) 

e.  ~dditional: LOC, 20 JUL 01 -  ~ i s s e d  appointment. 

ZOC , 
LOR, 
LOR, 

06 JUN 01 -  Dereliction of duty. 
31 MAY 01 -  Unauthorized use of a government computer. 
16 MAY 01 -  Failure to obey a direct order on divers 

occasions. 

LOC , 
LOR, 
LOC , 

05 MAR  01 -  Financial irresponsibility. 
12 FEB 01 -  Dereliction of duty. 
09 FEB 01 -  Insubordination and failure to obey a 

LOR, 

3 0   JAN 01 -  Backing a government vehicle without the 

lawful order. 

use of a spotter. 

towards an NCO 

use of a spotter. 

RIC, 

02 JAN 01 -  Inappropriate E-mail and disrespect 

LOR, 
RIC, 

22 DEC 00 -  Misuse of a government vehicle. 
12 DEC 00 -  Backing a government vehicle without the 

f.  CM:  None. 

g.  Record of SV:  16 Dec 98 -  15 Aug 00  Scott AFB  2  (1nitial)REF 

16 Aug 00 -  23 Jan 01  Scott AFB  4  (CRO) 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (08) Mos  (24) Das 
TAMS: (02) Yrs  (08) Mos  (07) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Jul 05. 

(Change Discharge to Honorable) 

Issue 1:  Am  more responsible.  Learned from mistakes.  Now in Army National 

G u a r d .  

ATCH 
None. 

MEMOMNDUM FOR M 

A* 

FROM:  375 TRANSICC 

SUBJECT: Notification Letter 

375 TRANS, 

1. I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFI 36-3208, paragraph 5.49.  If my 
recommendation of discharge is approved, your service may be characterized as honorable, under 
honorable conditions (general) or under other than honorable conditions (UOTHC).  I am 
recommending that your service be characterized as under honorable conditions (general). 

2.  My reasons for this action are: 

a.  On or about 15 Jun 01, you did wrongfully and unlawfully make to Midas, a certain check 
drawn upon Scott Credit Union then knowing that you would not have sufficient funds or credit 
with Scott Credit Union of payment of the said check.  For this offense you received Non- 
judicial  Punishment, dated 27 Jul 01 (Atch IIA). 

b. On or about 20 Jul01, you missed a scheduled dental appointment.  For this offense you 

received a Letter of Counseling, dated 20 Jul01 (Atch 143). 

c.  On or about 6 Jun 01, you failed to clean and service a vehicle after using it.  For this 

offense you received a Letter of Counseling, dated 6 Jun 0 1 (Atch 11C). 

d.  On or about 23 Dec 00, you e-mailed a St. Louis based escort service requiring the use of 

an escort for a New Years Eve party using a government computer.  For this offense you 
received a Letter of Reprimand, dated 3 1 May 01 (Atch l/E). 

e.  On divers occasions between on or about 1 Apr 01 to on or about 16 May 01, you failed to 
obey a direct order from a Non-Commissined Officer to obtain insurance on your vehicle, to get 
proper license plates and not to drive vehicle until this action were completed.  For this offense 
you received a Letter of Reprimand, dated 16 May 01 (Atch Ill?). 

f.  On or about 21 Oct 00 and on or about 21 Feb 01, you failed to make mantldy payments on 

your Military Star Account.  For this offense you received a Letter of Counseling, dated 5 Mar 
01 (Atch 1/H). 

g.  On or about 12 Jan 01, you failed to properly perform the operator's daily inspection or the 

monthly tire pressure check on a government vehicle and signed the AF Form 1800 signifying 

that you had accomplished the vehicle inspection.  For this offense you received a Letter of 
Reprimand, dated 12 Feb 01 (Atch 1A). 

h.  On or about 9 Feb 01, you displayed insubordinate conduct and failed to obey a lawhl 

order.  For this offense you received a Letter of Counseling, dated 9 Feb 01 (Atch l/J). 

i.  On or about 30 Jan 01, you backed a government vehicle without the use of a spotter.  For 

this offense you received a Letter of Reprimand, dated 30 Jan 01 (Atch 1K). 

j.  On or about 29 Dec 00, you sent an e-mail to a Non-Comrnisioned Officer "ordering" 

him to change the schedule to fit your desires.  For this offense you received a Letter of 
Counseling, dated 2 Jan 01 (Atch 1L). 

k.  On or about 20 Dec 00, you misused a government vehicle.  For this offense you received 

a Letter of Reprimand, dated 22 Dec 00 (Atch 11M). 

1.  On or about 11 Dec 00, you backed a government vehicle without the use of a spotter. 

For this offense you received a Letter of Counseling, dated 12 Dec 00 (Atch IN). 

m.  On or about 16 Apr 00, you violated a lawful general regulation by wrongfully 

downloading and printing on a government-provided computer inappropriate literature,  For this 
offense you received Non-Judicial Punishment, dated 20 Apr 00 (Atch 11G). 

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 bc discharged or retained in the Air Force.  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 with the Area Defense Counsel, Building 7, Scott 
AFB, IL, DSN 576-3246 on &&q 01 
at  h,*,00 hrs.  You may consult civilian counsel at 
your own expense. 

5.  You must report to the 375th Medical Group, Physical Examinations Section with your 
medical records for a doctor to determine if further action is required. 

6.  You will report before close of business tomorrow (or the next duty day) to the Transportation 
Management Office (TMO), building P-10, Outbound Assignments, to complete a Scott Air 
Force Base Form 241Personal Property Appointment Sheet.  That worksheet must be cornpletcd 
and returned to TMO within 5 days. 

7.  You will call before close of business tomorrow (or the next duty day) to Special Actions at, 
military pay, Bldg P-10, to make arrangements concerning your military pay. 

8.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 duty days of your receipt of this letter 
unless you request and receive an extension for good cause shown.  1 will send them to the 
separation authority. 

9.  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. 

10.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement as 
explained in AFI 36-3208.  A copy of AFI 36-3208 is available for your use in the squadron 
orderly room, 

- .   - 
r,  Maj, 

Commander 

Attachments: 
1.  Supporting Documents 
2.  Airman's  Acknowledgement