1 
1  NAME OF SERVICE MEMBER (I,ASl', F I R S T  M1L)I)LE INITIAL) 

AIR FORCE DISCHARGE REVTEW BOARD HEARING RECORD 

1  GRADE 

TYPE GEN 
CoUNsEL 
No 
X 

YES 

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PERSONAL APPEARANCE 

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NAME O F  COUNSEI, AND O R  ORGANIZATION 

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MEMBER SITTING 

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WANDA R. LANGLEY 

ISbllES 

A94.05 

INDEX  NUMBER 

A67.50 
A67.90 

HEARING DATE 

CASE NUMBER 

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1  FD-2005-00318 

APPLICANT'S  ISSL'E AW THE BOARD'S  DECISIONAL  RATIOYAL  ARE  DISCUSSED ON THE A'I'TACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE 

1  15 Feb 2006 
1  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 AFBCMR 

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

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 - /  - WDORSEkIENT 

 

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

'  AFHQ FORM 0-2077, JAN 00 

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FROM: 

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DATE: 2/26/2006 

. .- 

SECRETARY O F  THE .41R  FORCE PERSONNEI.  COUNCII. 
AlH PORCE DISUHARGE  REVIEW llO.4RD 
I535 COMMAND DR. EE WING, 3RU PLOOH 
ANDIWWS AFB, MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

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AIC 

RECORD REVIEW 

X 
ADDRESS ANU  OR ORGANIZATION O F  COUNSEL 

-?, 

HON 

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VOTE OF THE BOARD 

GF.N  I*/ UOTIIC  I  O T H E ;
X 

pppp 

X 

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X 

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E x m r T s  SUBMITTED 1*p THE BOARD 

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1  I  ORDER APPOINTING; .THE  BOARD 
1  2  1  APPI,ICATION FoK  REVIEW OF DISC'llARCiE 
I  3  1  LETTER OF NO.I'IFICATION 
4  1  BRIEF OF PERSONNEL FILE 

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COUNSEL'S RELEASE 'TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMIT'I'ED  AT TlME OF 
PERSONAL APPEARANCE 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00318 

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 was offered a personal  appearance before the Discharge Review Roard (DRB) 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  and  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.  He contends that he was 
not given full representation by the Area Defense Council and further contends that he was punished twice. 
First with the Article  15, reduction in rank, 15 days extra duty and a probationary fine.  Second, after serving 
his punishment, his commander submitted him for an early discharge.  The records indicated the applicant 
received an Article  15, a Letter of Reprimand, five Letters of Counseling, and four Records of Individual 
Counseling for misconduct.  The misconduct included being absent from place of duty (10 days), making a 
false official statement, failure to obey orders, reporting late for duty on five separate occasions, dereliction 
of duty, missed recall notification and missed scheduled training.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  Although 
applicant contends he was punished twice by being discharged after his Article 15, discharge is not 
punishment.  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. 

Issue 2.  The applicant states he has lost his veterans benefits, unable to obtain a job  in the profession that he 
has experience, not eligible for unemployment due to the early release and has had to borrow thousands of 
dollars from his wife's  parents.  He has requested change of RE Code and upgrade of his discharge so that 
he may enlist in the US Marine Corp or US Army as justification  for upgrade.  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. 

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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE  DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Davis-Monthan AFB, AZ on 4 
Jun 04 UP AFI 36-3208, para 5,50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge, and to Change 
the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Jul 82.  Enlmt Age: 17 8/12.  Disch Age:  21 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-55,  E-40,  G-32,  M-31. PAFSC: 3A051 -  Information Management 
Journeyman. DAS: 7 Dec 00. 

b.  Prior Sv: (1) AFRes 3 Apr 00 -  7 Aug  00  (4 months 5  days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 8 Aug 00 for 4 yrs. Svd: 03 Yrs 09 Mo 27 Das, all AMS. 

b.  Grade Status:  A1C  -  23 Apr 04 (Article 15, 23 Apr 04) 

SrA -  09 Aug  03 
A1C  -  09 D e c   01 
Amn  -  09 Feb 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 23 Apr 04, Davis-Monthan AFB, AZ -  Article 86.  You, 
did, on or about 20 Mar 04, without authority, absent 
your  (sic) from your place of duty at which you were 
required to be, to wit: 355th Equipment: Maintenance 
Squadron, located at Davis-Monthan AFB, AZ, and did 
remain so absent until on or about 29 Mar 04.  Article 
107.  You, did, on or about 25 Mar 04, with intent to 
deceive, make to TSgt 
statement, to wit: "I am in Phoenix" or words to that 
effect, which statement was totally false, and was then 
know by you to be so false.  Reduction to A1C. 
Suspended forfeiture of $250.00 pay per month for 2 
months.  Fifteen days extra duty. (No appeal) (No 
mitigation) 

a false official 

e.  Additional: LOC, 07 OCT 03 -  Failure to obey orders. 

LOR, 03 OCT 03 -  Late for duty. 
LOC, 28 AUG 03 -  Late for duty. 
R I C ,   20 MAR 02 -  Missed Recall notification. 
RIC, 18 NOV 02 -  Missed scheduled training. 

RIC, 04 SEP 02 -  Dereliction of duty. 
RIC, 13 AUG 02 -  Tardiness. 
LOCI 2 2   FEB 02 -  Late for duty. 
LOC, 04 FEE 02 -  Late for duty. 
LOCI 08 J A N   02 -  Returning to work late. 

f.  CM:  None. 

g.  Record of SV: 08 Aug 00 -  28 May 02  Davis-Monthan AFB  4  (Initial) 

29 May 02 -  08 Apr 03  Davis-Monthan AFB  5  ( C R O )  

h.  Awards &  Decs:  AFTR, NDSM, SAEMR. 

i.  Stmt of Sv:  TMS:  ( 0 4 )   Yrs  (02) Mos  (01) Das 
TAMS: (03) Yrs  (09) Mos  (27) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 04 A p r   05. 

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

for Discharge) 

ISSUES ATTACHED TO BREIF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Congressional Correspondence. 
4. Seventeen Letters of Support. 

To Whom It May Concern: 

I attest all this is to the best of my memory, 

My name is 

, also known as 

, my social security number is 

. I served in the United States Air Force as an Information Manager with the 3 5 P  
Equipment Maintenance Squadron, 355& Maintenance Group, 3 S h  Wing, Davis-Montham Air 
Force Base, Tucson, Arizona.  I love the Air Force and I am proud that I had the opportunity to 
serve our country.  I was trained very well fiom the Air Force and I enjoyed the pride and honor 
coming from serving our country.  My family and I are very proud Americans and want nothing 
more than to contribute to this country and be good citizens.  Unfortunately the last year of our lives 
has been very hard on us since being forced to leave the Air Force.  I do not regret enlisting in the 
Air Force and if given the opportunity to reenlist I would do it instantly.  After my early discharge 
we tried to live in Tucson, but we had to move back home and move in with my wife's parents.  It 
has been challenging to get hired anywhere because of my discharge.  I tried to reenlist in the Air 
Force or enlist in the Army or Marines, but was told that I have to wait 2 years because of my 
discharge separation code.  I am willing today and was willing at the time of my discharge to 
continue to serve our country. I do not understand why I was not given a chance to prove that, 
except that at the time I was discharged I was told the Air Force was downsizing and may still be 
downsizing.  Had the Air Force not been downsizing I believe I would have been able to serve the 
remainder of my enlistment and receive an honorable discharge rather than a general discharge.  I 
am writing this letter to humbly ask that you please upgrade my general discharge to honorable.  I 
was discharged from the United States Air Force prematurely, June 4m 2004, with a general 
discharge.  My enlistment originally ended August 8& 2004.  1 was discharged even though I 
requested and wanted to continue to serve our cowtry. 

and three year old daughter 

, my then five year old son 

After just returning from my deployment in Ferrara, Italy, I made a selfish and foolish decision.  I 
know that if I had not made the decision to leave the local area without taking leave during the 10 
days I was given to recuperate from my TDY, I would still be enlisted in the United States Air 
Force and serving our country.  Before I deployed to Ferrara, Italy, I took leave and drove my 
family to Kennewick, Washington (where we grew up and where we cmently reside) so that my 
could be 
wife 
with family and fiiends while I was gone.  I deployed to Italy on November 5fh 2003.  After I 
returned fiom Italy March 16& 2004 and in processed with my squadron, I made an unwise and 
irrational decision.  During the time that I was given to recuperate after my deployment I flew back 
to Kennewick, Washington to be reunited with my wife and children and drive them home.  I did 
not request leave for this trip.  My supervisor 
Kennewick.  I told her that I was in Kennewick, Washington picking up my family.  My supervisor 
then informed om commander that I was in Kennewick with my family.  At that point I was ordered 
to return to base as quickly and safely as possible, which I did.  When I retumed to base I received 
an article 1 5 for being AWOL.  My punishment was 15 days of extra duty details, a reduction in 
rank from SrA to A1 C, and a probationary fine. I served out my punishment and did all that was 
asked of me with a positive attitude.  I h o w  I should have taken leave and I regret that decision 
very much, I am still truly sorry for my actions.  I made a poor decision based on emotion because I 
missed my family very much and I was stressed at the fact that my wife 

called me while I was in 

and my children, 

, were missing me.  My son 

was having a lot of emotional 

problems because of my extended absence (gone for over four months).  I had every intention of 
returning.  I was not trying to desert by running away, I love the Air Force.  Nor was I trying to not 
fulfill my enlistment contract, in fact 1 was considering re-enlisting.  Also, everything we owned 
was in our house in Tucson, Arizona where we lived in base housing,  My intention was to pick up 
my family and get back as soon as I could. 

I did not rebut the Article 15 and I did not seek counsel from the Area Defense Council (ADC).  I 
signed the Article 15 the day it was served to me because I believe that when you make a mistake 
you own up to your responsibilities, take your  punishment and l e a  from it.  I did everything asked 
of me with a positive attitude and continued to serve the Air Force, I tried to impress the 
commander and chief master sergeant by staying late after work supporting the mission.  After I 
completed my punishment my goal was to put it behind me and to serve our country to the best of 
my abilities.  1 was warned that the commander was considering an early discharge but I thought it 
was a scare tactic.  I did not think that the commander would discharge me after he had already 
punished me and I had only two rnontbs remaining of my enlistment and had done nothing wrong 
after receiving the Article 15 . Also because I lived in base housing, I thought that it would be a 
very harsh punishment to be discharged and thrown off-base especially with a family.  I was 
shocked and dismayed when I was told by my commander that he was putting a package together to 
have me discharged early.  I was truly Kghtened and felt betrayed.  I believed that if I trusted the 
commander and those appointed over me and owned up to what I had done without trying to get out 
of it and being honest, that they would give me a fair chance.  It wasn't  until the commander 
notified me that he intended to have me discharged that I sought help from the ADC. 

The following are reasons why I am requesting my discharge be upgraded to honorable: 

, because the commissioned ADC officer 

only offered advice was that I should attain as many letters of 

1.  I was not given full representation by a commissioned officer with the ADC, instead I 
was helped by his paralegal, SSgt 
was TDY.  SSgt 
recommendation as possible (which I did and have attached to this letter, 16 letters) and that 
I should ask for probation and rehabilitation to prove that I was more than capable of serving 
our country at least until my enlistment ended instead of pursuing early discharge.  When 
my commander was presented with my rebuttal package he denied my request because the 
regulation for probation and rehabilitation stated a candidate for this program needed at least 
6 months of retain ability to qualify.  I only had 2 months of retain ability left.  My 
commander didn't even consider the request that I was told to present to him because I did 
not qualify for it.  I believe my council shonld have known this before advising and 
presenting it to me and ultimately to my commander, but she was only a paralegal not an 
actual ADC officer. 

2.  I was punished twice.  First with an article 15, a reduction in rank from SrA to AlC, 15 
days of extra duty to include weekends, and a probationary fme.  Then second, after I served 
out my punishment and did everything asked of me, 1 was put in for early discharge.  I was 
not given a chance for rehabilitation.  I had not done anything wrong after receiving my one 
and only Article 15 and I wanted to continue and serve our country.  Many commissioned 
and noncommissioned officers wrote letters of recommendation on my behalf.  My own 
supervisor, TSgt 
of recommendation on my behalf to allow me to complete me enlistment endangering her 

believed the punishment was too extreme and wrote a letter 

own career for me.  They and I believe that the punishment of an early discharge was too 
extreme and that I should have at least been given the opportunity to prove that I am 
wholeheartedly sorry for my actions and learned fiom my mistake.  I truly wanted to prove 
after my mistake that I would grow f?om it to become an even stronger person, for my 
family, my fellow Airmen and for the Air Force.  I was not given that opportunity. 

3.  It was very overwheltnbg and very str.essful for my family and my self.  I was told that I 
had to find a place off-base for my family to live immediately.  I can not remember the exact 
amount of days that I was given to out-process only that it was not a lot of time, maybe 7 to 
, and I had to find a safe place to live and find a new school for 
10 days.  My wife, 
my son since he attended school on-base.  It was extremely stressful for Alexander to be 
moved to a new school where he had no fiends.  Also, I had to be escorted everywhere on 
base during my out-process like I was a criminal and could not be trusted.  It was 
humiliating. None of my family back home with the exception of my wife's parents knew 
what was happening and we were ashamed to tell anyone else because my wife and I were 
so devastated.  We did not want to move back to Kennewick with everyone knowing that I 
was discharged from the Air Force prematurely.  So we stayed in the local area thinking I 
could collect unemployment and seek a good paying job, but with my discharge being 
general I soon realized how difficult things were going to be.  I was unable to find gainful 
employment and ultimately we moved back to Kennewick, Washington because we were 
financially strapped, having exhausted our emergency fund and not being able to collect 
unemployment because I did not complete my 111 enlistment. This experience is still very 
emotional for my family and I, we are very hurt and ashamed of what has happened, but we 
also know that I brought this upon us. I only ask for a chance. 

I have lost my MGI Bill which I paid into for a year and now can not seek education.  I have lost 
my Veterans benefits and status.  I am unable to attain a job in the profession that I have experience 
and training received from the Air Force because of my discharge.  I was not even eligible to collect 
unemployment to help support my family because I was discharged prematurely and did not fulfill 
my enlistment.  I have had to borrow thousands of dollars from my wife's parents and they still 
continue to support my family and I.  All this has been very embarrassing and I am ashamed at how 
things have turned out.  I have even tried to reenlist in the other armed services but I can't even 
return to serving our country because of the discharge sepamtion code.  This has affected my life 
and it will continue to affect my life forever unless I am given a chance. 

My beliefs are not to complain and to take a punisbent when you have done wrong.  However, I 
and several others believe I was treated unjust and my family and I are suffering.  I pray that this 
situation is one of those cases where an upgrade is merited.  I have learned a great deal fiom that 
terrible decision and I do regret it very much.  I am determined to handle that mistake with a 
positive attitude and I know that owning up to my responsibilities has made me an even wiser, 
stronger person because of the experience.  Since my discharge I have maintained a patfclean 
record and I have continued to be a good citizen.  The core values of the Air Force; integrity, 
service before self, and excellence in all I do are embodied in me forever.  I respectfully ask that 
you please consider my request and upgrade my discharge to honorable or please at least allow me 
the opportunity to enlist right now in the armed forces so I can clear my name, serve our country 

and prove what a good person and a good soldier I really am.  I feel that my calling is in the armed 
forces and serving our country.  Please, all I require is a chance and I will not fail you. 

Sincerely, 

@ 

DEPARTMENT OF THE AIR FORCE 

355113 EQUIPMENT MAINTENANCE SQUADRON (ACC) 

DAVIS-MONTHAN AIR FORCE BASE, ARIZONA 

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MEMORANDUM FOR  A1 C 

FROM:  355 EMSICC 

SUBJECT:  Notification ~bnorandum 

MY  0 6 2004 

1. I am recommending your discharge frorn'the United States Air Force for Misconduct:  A 
Pattern of Misconduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this 
action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, 
your service will be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On 8 Jan 02, you failed to report as ordered.  As a result, you received a Letter of 

Counseling (LOC) on 8 Jan 02 (Tab A). 

b.  On 4 Feb 02, you failed to report for duty as scheduled.  As a result, you received an LOC 

on 4 Feb 02 (Tab B). 

c.  On 22 Feb 02, you failed to report for duty as scheduled.  As a result, you received an LOC 

on 22 Feb 02 (Tab C). 

d.  On 13 Aug 02, you failed to report for duty as scheduled.  As a result you received a 

Record of Individual Counseling (RIC) on 13 Aug 02 (Tab D). 

e.  On 4 Sep 02, you were derelict in the performance of your duties as you failed to complete 

the flight distributions at the end of the duty day as is your responsibility.  As a result, you 
received a RIC on 4 Sep 02 (Tab E). 

f.  On 18 Nov 02, you failed to report for duty as scheduled.  As a result, you received a RIC 

on 18 Nov 02 (Tab F). 

g.  On 20 Mar 03, you failed to respond to a squadron recall.  As a result, you received a RIC 

on 20 Mar 03 (Tab G). 

h.  On 28 Aug 03, you failed to report for duty as scheduled.  As a result, you received an 

LOC on 28 Aug 03 (Tab H). 

i.  On 3 Oct 03, you failed to report for duty as scheduled.  As a result, you received an Letter 

of Reprimand (LOR) on 3 Oct 03 (Tab I). 

1 

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n or about 7 Oct 03, were derelict in the performance of your duties and you failed to 

a lawful order when you did not ensure official documents were delivered to another office 

7 Oct 03 (Tab J). 

k.  Between on or about 20 Mar 04 and 29 Mar 04, you were absent fiom your place-ofd~v~ 

In addition, you made a false official statement concerning your whereabouts to TSgti 
------------. 

!. As a result, you received punishment under Article 15, UCMJ, on 23 Apr 04 

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(Tab K). 

3.  Copies of the document; to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the United States 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, or education assistance 
funds may be subject to recoupment. The separationauthorky will make the findings and 
recommendations required under 1 0 U. S .C. Section 2005(g). 

4.  You have the right to consult counsel.  Military legal -cowsel  has been obtained to assist you. 
I have made an appointment for you to consult C&  ---------- ;at 

at  0 4  00  hours.  You may consult civilian counsel at your own expense. 

fl\&sa51 0 , 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  1 8 f i  fi q  oq  unless 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 behalt your failure will 
constitute a waiver of your right to do so. 
~ e d  C L t k  
7.  You have been scheduled for a medical examination.  You must report to 7 k/ A  j  F ~ ~ A G ~  
m

hours for the examination. 

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8.  You have been scheduled for an initial outprocessing briefing.  You must report to the 
Military Personnel Flight (MFjF), Separations Element, building 2300, room 120, at 
\;jbo 
please call 228-5326. 

for the outprocessing briefing.  If you have questions, 

hours on  6  MA 

9.  Any personal information you M s h  in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use at Area Defense Counsel's office. 

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

Commander 

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1.  Supporting Documents:  LOG, 8 Jan 02 (1 pg); LOC, 4 Feb 02 (1 pg); LOC, 22 Feb 02 (1 pg); 
RIC, 13 Aug 02 (2 pgs); RIC, 4 Sep 02 (2 pgs); RIC, 18 Nov 02 (2 pgs); RIC, 20 Mar 03 (2 pgs); 
LOC, 28 Aug 03 (1 pg); LOR, 3 Oct 03 (1 pg); LOR response, 8 Oct 03 (1 pg); LOC, 7 Oct 03, 
and response comments (3 pgs); AF Form 3070, Record of Nonjudicial Punishment Proceedings, 
23 Apr 04 and supporting evidence (4 pgs); and, Response to Offer of Nonjudicial Punishment, 
21 Apr 04, (2 pgs). 
2.  Receipt of Notification Memorandum 

7'