AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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EXHIBITS SUBMITTED TO THE BOARD 

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1  I  ORDER APPOWTrNG THE BOARD 
2  1  APPLICATION FOR  REVIEW OF DISCHARGE 
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4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
C:OUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDJNG OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

13 Feb 2006 
APPUCAM'Y ISSUE AND THE BOARD'S DEClSlONAL RAmONAL ARB DISCUSSED ON THE ATTACHED AIR FDkCB RrsCHlUWjE REVIEW BOARD DECISIONAL RATlONALB 

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 AFRCMR. 

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

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DlSCllARCE REVIEW BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS AFB, M 6 2 0 7 6 2 - 7 ~ 2  

AFIIQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00301 

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

'The  applicant was offered a personal  appearance before the Discharge Review Board (DRB) but dcclined to 
exercise this right. 

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

FINDINGS:  Upgrade of dischargc 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. 

ISSUES 

1.  Applicant contends discharge was inequitable because his ~nisconduct was of a minor nature.  The 
records indicated the applicant received three Article  15s, two Letters of Reprimand, and four Letters of 
Counseling for ~nisconduct. The misconduct included multiple violations of Correctional Custody policies, 
failure to go on five separate occasions, dereliction of duty, failure to follow instructions, late for an 
appointment, disrespect to a non-commissioned officer, disobeying a direct order not to consume alcohol, 
and arriving incapacitated for the proper perfonnance of his dutics.  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. 

2. 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 perfonnance as docurnentcd by his perfo~lnance reports and other 
accomplishments.  They found thc 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. 

3. Applicant believes that his punishment was excessive.  The Board discussed the applicants' misconduct 
and the rehabilitation efforts made by his chain of command.  The Board concluded that the actions taken by 
his superiors were appropriate. 

4. Applicant contends that he was suffering from depression brought on by a menial job.  The Board noted 
that the applicant was a Communications Computer Systems Operations Journeyman who was diagnosed 
with mild major depressive disorder and referred to the Life Skills Center.  The DRB discussed how this 
disorder would affect his attitude and job performance.  The Board concluded that the basis and 
characterization of the discharge received by the applicant were found to be appropriate. 

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 fiirther 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 SKA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr Kelly AFB, TX on 1.2 Feb 98 UP 
AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 15 Dec 6 5 .   Enlmt Age: 27 5/12.  Disch Age: 32 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-90,  E-86,  G-90,  M-68. PAFSC: 3C051 -  Communications Computer 
Systems Operations Journeyman. DAS: 18 May 94. 

b.  Prior Sv:  (1) AFRes 7 Jun 93 -  21 Nov 93  (5 months 15 days) (Inactive). 

6 days, all AMS. 

( 2 )   Enlisted as A1C 22 Nov 93 for 4 yrs.  Svd: 3 yrs 4 months 

SEA  -  22 Mar 96.  EPRs: 5,5. 

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as SRA  28 Mar 97 for 4 yrs. Svd: 00 Yrs 10 Mo 15 Das, all 

AMS . 

b.  Grade Status:  AMN  -  22 Dec 97 (Vacation of Article 15, 23 Jan 98) 

A1C  -  22 Dec 97 (Article 15, 2 2   Dec 97) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 23 Jan 98, Vacation, Kelly AFB, TX -  Article 92.  In 
that you, having knowledge of a lawful order by TSgt 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   :not to acquire a soda at breakfast 
while assigned to the Lackland AFB Correctional Custody 
Facility, an order which it was your duty to obey, did 
at Lackland AFB, Texas, on or about 15 Jan 98, fail to 
obey the same by attempting to acquire a soda at 
breakfast, which is a direct violation of the written 
policies of  the Correctional Custody Program which you 
acknowledged receipt and understanding on 5 Jan 98.  In 
addition to receiving two Letters of Counseling dated 7 
Jan 98 and 12 Jan 98, you received one  Letter of 
Reprimand dated 15 Jan 98.  Reduction to Airman. 
(No appeal) (No mitigation) 

(2) 22 Dec 97, Kelly AFB, TX -  Article 86.  You did, on or 

about 05 Dec 97, without authority, fail to go at the 
time precribed to your appointed place of duty, to wit: 
Bldg 2000, 690th Intelligence Support Squadron.  You 

did, on or about 05 Dec 97, without authority, fail to 
go at the time precribed to your appointed place of 
duty, to wit: Bldg 143, Substance Abuse Clinic.  You 
did, on or about 09 Dec 97, without. authority, fail to 
go at the time precribed to your appointed place of 
duty, to wit: Bldg 2000, 690th Tntellegence Support 
Squadron.  You did, on or about 11 Dec 97, without 
authority, fail to go at the time precribed to your 
appointed place of duty, to wit: Bldg 2009, Dorm 
Manager's office.  You did, on or about 12 Dec 97, 
without authority, fail to go at the time precribed to 
your appointed place of duty, to wit: Bldg 1623, SA-ALC 
Finance office.  Article 107.  You did, on or about 05 
Dec 97, with intent to deceive make to TSgt 
your supervisor, an official statement, to wit: that you 
were scheduled to attend a substance abuse appointment 
at 0730 and was then known by you to be so false. 
Reduction to A1C. (Appeal/Withdrawn) (No mitigation) 

(3) 22 DeC 97, Kelly AFB, TX -  Article 92.  You, having 

knowledge of a lawful order issued by Maj. 

not to consume any alcohol, specifically stating 
no beer, no wine, and no other type of alcohol, an order 
which it was your duty to obey, did, on ow about 16 Dec 
97, fail to obey the same by wrongfully consuming 
alcohol.  Article 134.  You did, on or about 16 Dec 97, 
as a result of wrongful previous overindulgence in 
intoxicating liquor and/or drugs arrive incapacitated 
for the proper performance of your duties.  Thirty days 
correctional custody.  Suspended reduction to 
Airman. (Appeal/Withdrawn) (No mitigation) 

e.  Additional: LOR, 15 JAN 98 -  Direct violation of the written policies 

LOC, 14 JAN 98 -  Attempting to acquire a soda and 

of the Correction Custody Program, by 
attempting to acquire a soda at breakfast. 

LOC, 12 JAN 98 -  Failure to follow instructions. 
LOC, 07 JAN 98 -  Dereliction of duty and failure to follow 

disrespect to an NCO. 

LOR, 09 DEC 97 -  Late for appointment. 
LOC, 24 NOV 97 -  Failure to report to duty at the required 

instructions. 

time. 

f.  CM:  None 

g.  Record of SV: 22 Jul 96 -  21 Jul 97  Kelly AFB  5  (Annual) 

h.  Awards &  Decs:  AFAM, AFLSAR, AFTR, NDSM, JMUA, AFOEA, AFGCM. 

i.  Stmt of S v :   TMS: ( 0 4 )   Yrs  (08) Mos  ( 0 6 )   Das 
TAMS: (04) Yrs  (02) Mos  (22) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 22 JuL 05. 

(Change Discharge to Honorable) 

Issue 1:  Misconduct was minor  (lateness). 

Issue 2:  Service was honorable  (received Good Conduct Medal; asked to re- 

enlist; received highest rating on all previous E P R s ) .  

Issue 3:  Punishment was excessive (reduction of two grades; two Article 

15s, where the second was unnecessary; 30 days correction custody). 

Issue 4:  Suffering from depression (brought on by a menial job; actively 

seeking counseling on my own.  When this was discovered, my commander insisted 
on viewing my medical records; which destroyed my rapport with my therapist). 

ATCH 
1. Response to Article 15 Action, 22 Dec 9 7 .  
2. DD Form 149. 
3 .   Response to Notification of Administrative Action. 

DEPARTMENT OF THE AIR FORCE 

AIR INTELLIGENCE AGENCY 

F b Z e o ~ - &  WJ 

M E M O M D U M  FOR SRA 

FROM:  690 ISSICC 

SUBJECT:  Notification of Administrative Discharge Action Under AFI 36-3208 

1.  I am recommending your involuntary discharge from the United States Air Force for a Pattern 
of Misconduct, Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32 and 
AFI 36-3208, paragraph 5.49.  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 are: 

a.  On or about 21 Nov 97, you failed to go to your appointed place of duty at the time and 
place prescribed.  For this infraction, you received a Letter of Counseling (LOC) on 24 Nov 97. 

c.  On or about 9 Dec 97, you failed to go to your appointed place of duty at the time and 

place prescribed.  For this infraction, you received a Letter of Reprimand (LOR) dated 9 Dec 97. 

d.  On numerous occasions between on or about 5 Dec 97 and 12 Dec 97, you failed to go to 

your appointed place of duty at the time and place prescribed.  You also made a false official 
statement on 5 Dec 97, with the intent to deceive your supervisor, which was then known by you 
to be false.  For this misconduct, you received an Article 15 on 15 Dec 97.  An Unfavorable 
Information File (UIF) was also established on 22 Dec 97. 

e. ,-On-01-ab-out_l-December 1997, you, after having knowledge of a lawfUl order issued by 

Major j - - - - - - - - - - - - - - - - - - - - - - - - - - > '  690 ISSICC, not to consume alcohol, specifically stating no beer, 

no wine, and no other type of alcohol, failed to obey the same by wrongfully consuming alcohol. 
Furthermore, as a result of the previous overindulgence in intoxicating liquor you arrived 
incapacitated for work and were unable to properly perform your duties.  For this misconduct, 
you received your second Article 15 on 17 Dec 97 which was placed in your UIF on 22 Dec 97. 

f.  On or about 7 Jan 98, you failed to correct numerous discrepancies found in your 

personal living area inspection while assigned to Correctional Custody, Lackland AFB, Texas. 
Also, you were found sleeping in your bed, wearing your service uniform.  These actions 
constituted violations of Correctional Custody written regulations.  For this infraction, you 
received a LOC dated 7 Jan 98. 

g.  On or about 12 Jan 98, you exhibited substandard behavior concerning your actions 

directed towards superiors at Correctional Custody.  In addition, you failed to comply with Air 

"Freedom  Through Vigilance" 

Force standards, displayed an unprofessional attitude, and you failed to exhibit basic courtesies 
by becoming argumentative and insubordinate.  For this misconduct, you rcceived a LOC dated 
12 Jan 98. 

h.  On or about 14 Jan 98, you again exhibited substandard behavior by  attempting to 

acquire a soda at a vending machine which was in direct violation of the Correctional Custody 
regulations.  You were hlly aware of your responsibilities and the standards that must be 
maintained while assigned to the Lackland AFB Correctional Custody.  For this infraction, you 
received a LOC dated 14 Jan 98. 

i.  On or about 15 Jan 98, you were observed attempting to acquire a soda at breakfast. 

This was your second attempt to circumvent the same Correctional Custody written regulation. 
For this misconduct, you received a LOR dated 14 Jan 98, and your suspended nonjudical 
punishment was vacated on 23 Jan 98.  This vacation action was placed in your already existing 
UIF on 23 Jan 98.  You were also removed from Correctional Custody.  This failure, plus your 
previous misconduct, forms the basis for this discharge. 

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 from or retained in the Air Force.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force. 

4.  You have thc right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult  7 ~ d  #&c 
2 7  TAW  I9PP 
expense. 

hours.  You may consult civilian counsel at your own 

at  o 70 o 

on 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by jlpa  oul  29 ~s&less  you request and 
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 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - *  

P :at  0 7 / 5  

hours on  Jf JAM / ?P$ 

for the examination. 

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 the squadron's orderly room. 

Commander 

Attachments: 
1. Airman's  Acknowledgment of Receipt 
2.  Airman's  Response Ltr 

3.  LOC dtd 24 Nov 97 
4.  LOR dtd 9 Dec 97 
5.  AFFom3070-Art 15 dtd  15Dec97 
6.  AF Form 3070 - Art 15 dtd 17 Dec 97 
7.  LOC dtd 7 Jan 98 
8.  LOC dtd 12 Jan 98 
9.  LOC dtd 14 Jan 98 
10. LOR dtd 15 Jan 98 
1 1. AF Form 366 - Vacation Action dtd 23 Jan 98 
12. EPRs 
13. AF Form 1137 (UIF)