AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
VARIE OF SKH\'ICE MEMBER (LlIST, FIKSI' MIDDLE INI'IIAI,)
.........................
c.-....-.-....-....-----:
YPE GEN
V ES
NO
X
I
I
PERSONAL APPEARANCE
X
RECORD REVIEW
I
NAME OF ('OVNSEL AND OR OHGANI%ATION,
AUUKESS AND OR 0RI;ANIZATION Ob C OIINSEL
MEMBER SITTING
GRADE
AMN
AFSNISSAN
.---------------
- - - - - - - - - - - - -1
-
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I
ISSUES
A92.35
A01.07
A94.05
INDEX NUMBEU
A67.30
HEARING UA I F
CASE NllhlBER
:ase heard at Washington, D.C
X *+
1
2
3
4
EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING TIIE BOARD
APPLICA'l'lON FOR REVltW OF DISCIIARCE
LETTER OF NO'I'I PICATION
BRIEF 01: PERSONNEL FILE
COUNSEL'S REI.EASE TO 'I'HE BOARD
ADDl'fIONAL CXIIIBI I S SUBMITTED A'f TIME 01:
PEKSONAL. APPEAKANC'F
I'APF RECORDIN(? O F PFRSONAL APPt ARANC'I:
idvise applicant of the decision of the Board, the right to a persotial appearance withlwithout counsel, and the right to
ubmit an applicatioli to the AFBCMR
James and votes will be made available to the applicant at the applicant's request.
Reason and Authority
- Reenlistment Code
TO:
SAFIMKHR
550 C STREET WES'I', SlJl'l'E 40
RANDOLPII AFB, 'TX 78 150-4742
AFHQ FORM 0-2077, JAN 00
bHOM:
I
I
(EF-V2)
SECRETARY OF T H E AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND OR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD~2005-00330
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change the reenlistment code.
The applicant was offered a personal appearance bel'ore the Discharge Review Board (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, 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 for one isolated incident in
30 months of service. The records indicated the applicant received an Article 15 for misconduct. The
Article 15 stated the applicant was derelict in the performance of his duties in that he negligently failed to
maintain current registration on his vehicle; resisted being apprehended by 35t" Security Forces; and
operated a vehicle in a reckless manner by driving at a high rate of speed and failing to stop at a posted stop
sign. This misconduct resulted in reduction in grade to airman basic and restriction to Misawa AB for thirty
days. The DRB opined that through these administrative actions, the applicant had ample opportunities to
change his negative behavior. The Board concluded the n~isconduct 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. 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 performance as documented by his performance reports,
letters of recommendation and other accomplishments. They found the 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.
Issue 3. Applicant contends the discharge was improper because the 35th FWICC informed him that he
would receive an honorable discharge. The DRB took note of applicant's contention and determined that the
35t'1 Fighter Wing Commander was not the final discharge authority. The administrative discharge was
properly elevated to the next level of command, 5th ~ i
conditions (general) discharge. The DRB concludes that the discharge was consistent with the procedural
and substantive requirements of the discharge instruction and was within the discretion of the discharge
authority and that the applicant was provided full administrative due process.
Force Commander, who directed an under honorable
r
Issue 4. Applicant claims he was questioned by Security Forces members without a rights advisement, in
violation of Article 3 1, UCMJ, and that his discharge was improperly based on these statements. The
applicant was represented by counsel for both his Article 15 and his administrative discharge and submitted
a response to each action. Neither response clainled a violation of Article 3 1. The applicant failed to
provide sufficient evidence to the Board to show that his Article 3 1 rights were violated. Instead, the
summary of the Security Forces interview with the applicant, AF Form 3545, indicates the investigators had
no reason to suspect the applicant of a crime until he spontaneously confessed after being advised to tell the
truth. Moreover, the applicant stated on the attachment to his DD Form 293 that the Security Forces
members were surprised when he "blurted out 'I did it!"' At that point, the applicant was read his rights. He
requested a lawyer and the interview was terminated. The Board found no impropriety in the Security
Forces interview.
CONCLUSIONS:
l'he 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 ior
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 SRA)
'-.-....-......-...-----------I
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Misawa AB, Japan on 16 Oct 04
UP AFI 36-3208, para 5.52.3 (Misconduct - Commission of a Serious Offense).
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority
for Discharge.
2. BACKGROUND:
a. DOB: 2 2 Dec 82. Enlmt Age: 19 3/12. Disch Age: 22 0/12. Educ: HS DIPL.
AFQT: N/A. A-96, E-98, G-98, M-91. PAFSC: 2A332 - Avionic Systems Apprentice.
DAS: 27 Feb 03.
b. Prior Sv: (1) AFRes 5 Apr 02 - 13 May 02 (I month 9 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as A1C 14 May 02 for 6 yrs. Svd: 02 Yrs 05 Mo 03 Das, all AMS
b, Grade Status: Arnn - 18 Aug 04 (Article 15, 18 Aug 04)
SrA - 14 Mar 04
c. Time Lost: None.
d , Art 15,s: (1) 18 Aug 04, Misawa AB, Japan - Article 92. You, who
knew or should have known of your duties, on or about 22
Jun 04, were derelict in the performance of those duties
in that you negligently failed to maintain current
registration on your vehicle, as it was your duty to do.
Article 95. You. did. on or about 22 Jun 04. resist
being apprehended by SSgt 1. .......................... :,
Security Forces, a person authorized to apprehend the
accused. Article 111. You, did, on 22 J U ~ 04, in the
parking lot of the Misawa Life Plaza, operate a vehicle,
to wit: a passenger car, in a reckless manner by driving
at a high rate of speed and failing to stop at a posted
stop sign. Reduction to AB (reduction below Airman
suspended). Restriction to the limits of Misawa AB for
30 days. Reprimand. (No appeal) (No mitigation)
.............................
I 3sth
e. Additional: None.
f. CM: None.
g. Record of SV: 14 May 02 - 15 Oct 03 Misawa AB 5 (HAF Dir)
h. Awards & Decs: NDSM, AFOUA, AFTR, AFOSLTR.
i. Stmt of Sv: TMS: (02) Yrs (06) Mos (12) Das
TAMS: (02) Yrs (05) Mos ( 0 3 ) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 03 Aug 0 5 .
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge)
ISSUES ATTACHED TO BRIEF,
ATCH
1, Applicant's Issues.
2. Three Letters of Appreciation.
3 . Ten Letters of Recommendation.
4 . Involuntary Discharge Approval.
5 . Response to Discharge Notification.
6 . Email Correspondence.
APPLICATION FOR THE REVIEW OF DISCHARGE OR DlSMlSSAL
FROM THE ARMED FORCES OF THE UNITED STATES
(Ueasa mad i n s t m c t h on Pages 3 and 4 BEFORE comphting this appllcat/on.)
Form Approved
OMB NO. 07w-oow
Expires Aug 3 1, 2006
Tho publg mpurUng bvrkn for *la colhtlon of lnfmadm Ir artinntad lo awrrgo 30 minuton par mwnob. includnp lhr timm fw rwbrvinq inrtrwUon6, sawcMng doting dam roursu.
glthring and rnmhndninn h m I t b wdd, bnd oomplning and reviewing lha cdbctbn of informtion. 8md commls mplrdha thil burdrn anmnr of any othar umn of rNr coli~ctlon
of Information. lnclud'm# ru#pInlonr Mc rmclng rho bvdm, to Dapanmnl of 0.fmn. Wawhington MrcMuanam Sorvlcar, Dlr.clarla f a Infwrnarisn Opmrndons md R w r
10704.0M)41.
1215 Jdlmraon Orvlr nighwry, Bull* 12W. Arlington, VA 22202-4302. Ramponkntt ahould ba rwarr thN nslwilhrundin# sny other provirion of law, no prson rhrll be rubpct to any
mndtv for fdlha t o oomDlv wle a dlutlon of Infermallon it It h
&BE
AUTHORITY: 10 U.S.C. 1553: E.O. 9397.
DO NOT R ~ U R N YOUR FORM TO THE ABOVE ADDREG. RETURN COMPETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.
I PRINCIPAL PURPOSE(6): To apply for a changa In thR characterization or reason for military discharge issued t o an Individual.
ROUTINE USEIS): Nono.
DISCLOSURE: Voluntarv: however, failure to wovidr ~dsntifying information may impede processing of this application. The request for
Soclal Security Number
strictly t o assurs proper ldontiflcatlon-of the individuel.and-appropriata records.
not d d a v a ounrnlly valid OM6 contml numhr.
PRIVACY ACT STATEMENT
m
a. GRADEIRANK AT 6tSCHARCE
, - - - - - - - - - - - - -
d. SOCIAL SECURITY NUMER
OR SEPARATION
35th AMXS, Misawa AB Japan
I
I
I
I
Pa (r 3.1
AN UPGRADE M CHANGE 18 REQUESTED AND JUSTIFICATION FOR THE REQUEST /Continue in hem 14. See instruct/ons on
6. I S U E B ~
I.) dne offense in 30 months of otherwise flawless service. 2.) Given an Honorable Discharge!~ Brig. Gen. I - - j 35th FWICC,
- - -:. This was without any notice or
then due to an "error in discharge authority", recicved a General discharge by Lt. Gen. [-------
contact from any superiors in my chain. 3.) Was not properly read Article 31 rights prior to interrogation by Security Forces.
,---
7. IX if opplicablel AN APPLICATION WAS PREVIOUSLY SUBMITTED ON IYYYYMMDDI
AND THIS FORM 16 GUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.
N SUPPORT OF THIS APPLICATION,
If m7ita documents ot medical words ere reievenl lo your caee. pleese send c0piss.l
' 8 .
E-mails, fiernorandurns, Letter of Commendation, Flight Commanders Award, Letter of Achievement, 8 Letters of
Recommendation
FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Conrmnue ~n /tom f 7.
9. TYPE OF REVIEW REQUESTED (X one)
I ., I CONDUCT A RECORD REVIEW OF MY DISCHAROE EAMD ON MY MILITARY PERBONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
1 SUBMITTED BY ME. I AND/OR Icouns&eprmentativel WILL NOT APEAR BePORE THE WARP, -
I I ANDIM I ~ ~ ~ n $ ~ ~ o p n m t a l l v s I
I WASHINGTON, D.C. METROPOUTAN AREA.
I AND/OR Imml/mpresenratlve) WISH f O APPeAH AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL GLOEEST TO '
(NOTE: The hbvy fichorgs Review Roerd does no1 have B treveling panel./
Iunter city and stare)
WISH TO A P E M AT A HE4RING AT NO EXPENSE TO ME GOVERNMENT BEFORE THE BOARD IN THE -
10.a. C O U N G E L I R E P R E ~ M M # 11n'liol) AND ADDRESS I b. TELEPHONE NUMBER Ilnclude Area Cod.)
/See hem 10 af rha insrructlons abut counsoUreprsseniaiiva./
1
1
4
o. E-MAIL
d. F A X NUMBER /Include Area Code)
I
I
11. APPLICANT MUST SlQN IN ITEM 13.a. BELOW. I f the tewrd i n qwstion is that of a decesrsd or incompetent person, LEGAL PROOF OF
DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the ap Ilcatlori Is rlgned by orher than the applicant, Indicate
the riama Iw/nti
and reletlon&lp by morklng s box below.
EQAL REPRESENTAT~VE
OTHER /~aec//y/
WIDOW n WIDOWER
NEXT OF KIN
IForwarcl norUlcrt/on at any chanpe in 8ddresa.l
1 a m u s e
-----------------------.
12.a. CURRENT MAILING ADDRESS 6F AWUCAN'F OR PERSON
I
I
-----------------
13. CERTIFICATION.
I make tho foregoing datm~~antr. sr part of my clalm. wlth full knowkdge of the
penaWea Involved for willfully making a false rtntomant w claim. (U.S. Code, Title 18, Sectlons 287
and 1001, provide that an individual shall te f h d under this titla or irnprisamd not more than 5 years,
or bath. J
. - . . . . .
b. DATE SIONED - REdCllRED
b. TEEPHONE N U ~ ~ E B J & ~ A ~ H . Q ~ ~ )
a, E.MAIL ; c-* - - c- - - - - - - - - - - - - -
.....................
d . FAX NUMBER lItk?~U* Are&-c~
AF | DRB | CY2007 | FD2006-00368
The records indicated the applicant received two Article 15's for misconduct. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF. Applicant's Issues.
AF | DRB | CY2006 | FD2005-00323
MEMBER SITTING INDEX NUMBER A66.00 I I I ISSUES A94.02 A01.14 A94.12 A01.32 I HEARING DATE I I I I I I I EXHISITS SUBMITTED TO THE BOARD I 1 2 3 4 ORDER APPOINTING THE BOAUD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL 1:ILE COUNSE1,'S REI.EASE 'f0 '11 IE BOARD ADDITIONAI, EXHIBITS SUBMITTED AT T I M E OF; PERSONAL APPEARANCE I TAPE RECORDING OF PERSONAI, APPEARANCE 02 Feb 2006 -PLICANT'S FD-2005-00323 ISSUE wm BOARD'S DECXSIONAC RATIONAL A l E DISCUSSED ON...
AF | DRB | CY2004 | FD2004-00113
So I ask that you please review my records and change my discharge to Honorable. On or about 16 Jan 97, you stole two compact discs and one pair of sweatpants valued a $45.44 from, the Army Air Force Exchange Service at Misawa Air Base, Japan, for which, you received an Article 15 on 10 Feb 97 and a Unfavorable Information File on 16 Jan 97. This counseling is documented in a Memorandum for Record dated 12 Apr 99 concerning this incident.
AF | DRB | CY2007 | FD2006-00471
The records indicated the applicant received two Article 15s, a Vacation, and two Letters of Reprimand for misconduct. 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. Sleeping on Post During the time I was under investigation for the fire alarm incident, I was pulling guard duty.
AF | DRB | CY2006 | FD2005-00441
\\IL41 1 0 \ O k COL\ltI i MEMBER SITTING llON I VUTE OF THE 'BOAfll) AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE YUMBER FD-2005-00441 GENERAL: The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Former AB) (HGH AMN) 1. LOR, 31 MAY 0 2 - Dereliction of duty.
AF | DRB | CY2007 | FD2006-00417
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00417 GENERAL: The applicant appeals for upgrade of discharge to honorable. 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. The Board concluded that characterization of the discharge received by the applicant to be appropriate.
AF | DRB | CY2007 | FD2006-00261
ISSUES: Applicant received a General discharge for Misconduct--Drug Abuse Issue 1: The applicant submitted no issues and requested that the review be completed based on the available service record. 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 A I R FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB,...
AF | DRB | CY2006 | FD2005-00380
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD . Attachments 1) Applicant DD Form 2 14 2) Applicant narrative describing background of events surrounding non-judicial punishments 3) AF Form 3070 (Article 15) 18 Oct 02 4) AF From 3070 (Article 15) 20 Apr 04 5) Brief on first issue of propriety - failure for leadership to send applicant to financial counseling 6) Brief on first issue of equity - applicant discharge was inconsistent with standards of discipline based on similiar conduct 7)...
AF | DRB | CY2007 | FD2006-00244
The records indicated that the applicant received two Article 15's, a Letter of Reprimand, and a Letter of Counseling for misconduct. For these actions you received a Letter of Counseling, dated 05 January 2004. Copies of the documents to be forwarded to the separation authority in support of this recornmmdation are attached.
AF | DRB | CY2007 | FD2006-00354
b. Grade Status: A m - 26 Aug 04 (Article 15, 26 Aug 04) A1C - 5 Sep 03 c. Time Lost: None. Thank you for your time and consideration, Sincerely, -- - 75STH AIR- hUlNTENANCE SQUADRON (ACC) DEPARTMENT OF 'L1BE AIR FORCE DAVIS-MONTHAN AIR FORCE BASE, ARIZONA SEP 1 6 2004 MEMORANDUM FOR AMN~ ................................................ FROM: 755 AMXSICC SUBJECT: Notification Memorandum 1, I am recommending your discharge from the United States Air Force for Misconduct: A Pattm of...