I 

I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 
1  AIC 

RECORD REVIEW 

I 

AUUKESS AND OH OKGANIZATION OF COUNSEL 

I 

rVPE GEN 

YES 

, 

No 
X 

PERSONAL APPEARANCE 

X 
NAME OF COUNSEL AND OK OR(;ANIWTION 

MEMBER SITTING 

ISSUES  A94.05 

INUEX  NUMBEK  A67. 

HEARMG DATE 

CASE NUMBER 

2 
3 
4 

APFI,ICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEI. FI1.E 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
TAPE RECORDING OF PERSONAL APPEARANCE 

12 Jan 2005 
. @ P ~ ~ A J W S I ~ ~ & ~ Q  

I 

FD-2005-00304 

TH6 BOA~D'S DWISIONAL R k 1 1 0 ~ ~ ~ :  

ARE DISCUSSED ON 

ATTACWD A&  p:ORQi DISCtihaE WIEW%OARD R ~ & \ Q N &  MTJ86JhJ.E 

I 

I 

,I' 

Case heard at Washington, D.C. 

t 

Advise applicant of the decision of the Board. 

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

SAFIMRBR 
550 c S~I'WET wwr, SLJITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY O F  TllE AIR  FORCE PERSONNEL COUNCIL 
.UR FORCE DISCILUKE  REVIEW BOARD 
1535 CO.M\I,WD  D R  EE WNG. 1RD 1;1.00K 
ANDREWS AFB, MD 20762-7001 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-20051)0304 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 12 Jan 2005. 

The following additional exhibits were submitted at the hearing: 

None. 

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

FINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  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 1.  Applicant contends discharge was inequitable because it was too harsh.  Similarly, he states his 
discharge was based on minor infractions.  The records indicated the applicant received two Memoranda for 
Record, two Records of Individual Counseling, and six Letters of Reprimand.  These actions addressed the 
applicant's repeated failure to go to his appointed place of duty at the time prescribed, loss of his line badge, 
speeding on the flight line, and failure to use chocks on a vehicle.  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 the conduct expected of all military members. 
The Board discussed the possibility that the discharge was inequitable because an adjustment disorder would 
have been a more appropriate basis for discharge.  The Board discussed the fact the applicant sought help 
from a Chaplain after suicidal ideation and was referred to the Behavioral Health Center (BHC).  The 
applicant told the BHC he was depressed over his parents'  illnesses, but declined treatment and anti- 
depressant medication, saying he desired instead to be discharged or transferred to his home state of Ohio. 
The Board also noted the applicant's  suicidal gesture on 4 March 2001, the fact that he recovered from his 
depression, and that it has not recurred.  The basis and characterization of the discharge received by the 
applicant were found to be appropriate. 

Issue 2.  Applicant states that his discharge resulted from discrimination by his supervisors.  Similarly, he 
states he was treated unfairly and inappropriately.  He contends he was assigned "grunt work" because he 
was a junior Airman.  However, the applicant could not provide any specific examples of discrimination.  He 
complained of being required to empty aircraft latrines, to work continuous night shifts, and to take his days 
off on weekdays rather than weekends.  He admitted these duties were inherent to his AFSC and that other 
Airmen performed the same tasks.  He stated he was yelled at, sworn at, and called "swear-word"  names by 
peers and supervisors.  The Board determined this did not amount to discrimination. 

Issue 3.  Applicant states his discharge misrepresents his morals and hard work.  The DRB took note of the 
applicant's duty performance as documented by his letter of evaluation, AF Training Ribbon, and AF 
Outstanding Unit Award.  The applicant did not receive an AF Good Conduct Medal.  The Board found the 
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. 

Issue 4.  Applicant contends that he should not be penalized indefinitely for a mistake he made when young. 
The DRB recognized the applicant was 24 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The Board opined the applicant was older 
than the vast majority of first-term members who properly adhere to the Air Force's  standards of conduct. 
The DRB concluded that the characterization of the applicant's  discharge was appropriate due to the 
misconduct. 

Issue 5.  Applicant requests his reenlistment eligibility code be changed to allow him to join the Air Force 
Reserves or Air National Guard.  He states he is more mature and would succeed if allowed to reenlist. 
However, the Board concluded this was not a sufficient basis to change his reenlistment eligibility code. 

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 

I 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former ALC)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Travis AFB, CA on 13 Apr 01 
UP AFL  36-3208, para 5-49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 4 Mar 77.  Enlmt Age: 22 9/12.  Disch Age: 24  1/12. Educ: HS DIPL. 

AFQT:  N/A.  A-61,  E-46,  G-SO,  M-51. PAFSC: 2 T 2 3 1   - Air Transportation 
Apprentice. DAS: 26 Jun 0 0 .  

b.  Prior S v :   (1) APRes  16 Dec 99 -  22 Feb 00 (2 months 7  days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 23 Feb  00 for 6  yrs. Svd: 01 Yrs 01 Mo 22 Das, a11 AMS. 

b.  Grade Status:  A1C -  10 Apr 00 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 
LOR, 
LOR, 
LOR, 
LOR, 
LOR, 
RIC, 
MFR , 
MFR , 
R I C ,  

13 MAR 01 - 
18 FEB 01 - 
09 FEB 01 - 
24 JAN 01 - 
18 JAN 01 - 
04 DEC 00 - 
21 NOV 01 - 
16 NOV 00 - 
1 6   NOV  00 - 
07 NOV 00 - 

Failure to go. 
Dereliction of duty. 
Security violation. 
Speeding on the flightline. 
Failure to go. 
Failure to go. 
Failure to go. 
Late for duty. 
Late for duty. 
Failure to go. 

f .   CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, AFOUA. 

i,  Stmt of S v :   TMS: (01) Y r s   (03) Mos  (29) Das 
TAMS:  (01) Yrs  (01) Mos  (22) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 23 Jul  0.5. 

(Change Discharge to Honorable) 

Issue 1:  I feel the reason for my discharge was unjust and incorrect.  I 

also feel that the discharge I received is preventing me from furthering my 
career.  I feel my discharge of misconduct misrepresents my morals and my hard 
work 1 put in when I was in active duty.  I feel as if I was discriminated 
against after making a couple mistakes.  My officers in charge had blackballed 
me since the begining  (sic).  I feel I was treated unfairly and inappropriately. 
I was given a misconduct discharge for unjust acts.  I made minor infracitons 
which my superiors made out to be into more extreme infractions.  I gave every 
task I was given 110% and was never was treated like I was treated as an airman 
should be treated. 

ATCH 
1. Notification Memorandum, 28 Mar 01. 

DEPARTMENT OF THE AIR FORCE 
60TH AERIAL PORT SQUADRON (AMC) 

MEMORANDUM FOR A1 C 

60 A P S  

FROM:  60 APSICC 

90 Ragsdale Street 
Travis AFB CA 94535-2941 

SUBJECT:  Notification Memorandum 

1.  I am recommending your  discharge from the United  States Air Force pursuant to AFT  36- 
3208, paragraph 5.49,  Misconduct, Minor Disciplinary Infractions.  If  my  recommendation is 
approved,  your  service  may  be  characterized  as  Honorable,  General,  or  Under  Other  than 
Honorable Conditions.  I am recommending that your service be characterized as General. 

2.  My reasons for this action are: 

a.  On or about 4 Nov 00, you  failed to report for duty, resulting in a RIC, dated 7 Nov 00 

(Atch 1, Tab 1). 

b.  On  or  about  13 Nov  00  and  16 Nov  00,  you  failed  to  report  for  duty  at  the  time 

prescribed, resulting in a letter of reprimand (LOR), dated 4 Dec 00 (Atch 2, Tab 1). 

c.  On or about 21 Nov  00, you  failed  to  go  to a mandatory Airman's  call,  resulting in a 

record of individual counseling (RIC), dated 21 Nov 00 (Atch 3, Tab 1). 

d.  On or about 18 Jan 01, you failed to report for duty at 0545, resulting in a LOR, dated 

18 Jan 01 (Atch 4,  Tab 1). 

f.  On or about 21 Jan 01, you were caught speeding on the flightline in a fleet servicing 

truck, resulting in a LOR, dated 24 Jan 01 (Atch 5, Tab 1). 

g.  On  8 Feb  01,  you  left your  area line badge unattended and unsecured,  for which you 

received a LOR, dated 9 Feb 01 (Atch 6, Tab 1). 

h.  On or  1 1 Feb 01, you were observed taking a Galaxy C-5 Step Truck to a C-5 without a 
chock in place.  You  stated that you had been too busy and had  forgotten the chock.  For this, 
you received a LOR, dated 18 Feb 01 (Atch 7, Tab  1). 

i.  On or about 13 Mar 01, you failed to report for duty at 0545, resulting in a LOR, dated 

13 Mar 01 (Atch 8, Tab 1). 

,/ 

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 are to 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 monies,  or  education 
assistance finds may be subject to recoupment. 

4.  You have the right to consult with an attorney.  Military legal counsel has been obtained to 
assist you.  I have made an appointment for you to  speak with Captain 
Area 
Defense  Counsel,  540  Airlift  Drive,  Bldg.  381,  Suite  D-100,  Travls  AYH,  cabtornia, 
at Q!m 
94535-2479, DSN 837-4569; Commercial, (707) 424-4569, on  Z q  flh CB / 
You may also consult civilian counsel at your own expense. 

1 

1 
I 

5.  You have the right to submit statements on your own behalf.  Any  statements you wish the 
separation authority to  consider must reach me b  (three workdays from service of this letter) 
hours, unless you request and receive 

, no later than  14d6 

O r  &/ 

an extendon for good cause.  I will send the separation authority any documents you submit. 

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

7.  You have been scheduled for a separation physical examination on 4 Apr 01  at 0915. You 
also have an appointment at the Family Practice Clinic on  10 Apr  01 at  1300 to consult with 
Dr. Anderson. 

8.  Any personal information you furnish in rebuttal will be covered by the Privacy Act of 1974. 
A copy of AFI 36-3208 is available for your use in the Orderly Room. 

, 

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

. -   - 

Commander 

Lt Col, USAF 

Attachments: 
1.  RIC,7NovOO 
2.  LOR, 4 Dec 00 
3.  RIC, 21 Nov 00 
4.  LOR, 18 Jan 01 
5.  LOR, 24 Jan 0 1 
6,  LOR, 9 Feb 01 
7.  LOR, 18 Feb 01 
8.  LOR, 13 Mar01