- 

* I" 

r.',,.-  ,"- 3IIARGE REVIEW BOARD IIEARING RECOKD 

NI'rlAl.) 

GRADE 

TYPE  CjEN 

.~ -- 

-- 

ADDKESS AND OR ORGANIZATION OF  ('OUNSTL 

HON 

I 

CiEN 

I  UOTHC 

OTHER 

I  DENY 

INDEX N U M b k n  

' A67.10 

(:ASK  NUMBER 

I 

I 

EXHIBITS SUBMITTED TO THE BOARD 

I 

I 

1 
2 
3 
4 

ORDER APPOINTTNG THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTlFlCATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDI'TIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

14 Feb 2006 
APPLICANTS ISSUE, ANDTHE WARD'S DEC1SIONAL RATIONAL NCe L)ISCUSSED ON THE ATTACHED AIR FORm DISCHARGE REVIEW BOARD DECISIONAL RATImALE 

FD-2005-00331 

I 

I 

I 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witlllwithout counsel, and the right to 
submit an application to the AFBCMR. 

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

TO: 

SAFlMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INq0RSEMENT 

. . 

I 

'  DATE:  2116t2006 

SECRETARY  OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE D I S C b R C E  REI'IEW R O A W  
1535 COMMAND DR EE WlKG, JRD PLDOR 
ANDREWS AFB, MD 20762-7002 

AFIIQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

- 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00331 

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

The applicant was offered a personal appearance before the Discharge Review Hoard (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. 

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: 

Issue  1.  Applicant contends discharge was inequitable because he was discharged for failing the weight 
management program.  The records indicated the applicant received two Article  1 Ss, three Letters of 
Reprimand, and one Record of Tndividual Counseling for misconduct.  Thc misconduct included failure to 
obey a lawful order, financial irresponsibility on divers occasions, and failure to progress in Phase I of the 
Weight Management Program. 'T'he  DRB opined that through thcse administrative actions, the applicant had 
ample opportunities to change his negative behavior. The Hoard noted that Pdilurc to progress in the weight 
management program was one of several reasons leading up to the applicant's dischargc.  The 
characterization of the discharge received by  the applicat~t was found to be appropriate. 

Issue 2.  Thc applicant cited his desire to receive the G.1. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he 
understood he must receive an Honorable discharge to rcceive future educational entitlements.  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 Iurther 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 

A I R   FORCE DISCHARGE REWIEW  BOARD 

ANDREWS  AFB,  MD 

(Former A1C)  (HGH  SRA) 

1.  MATTER UNDER REVIEW:  A p p l   rec'd  a GEN Disch f r  Nellis AFB, NV on 1 Apr 03. 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary ~nfractions). Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 25 Jul 78.  Enlmt Age:  20 2/12.  Disch Age:  24 8/12. Educ: HS DIPL. 

E-54,  G-55,  M-65.  PAFSC:  3V031 - Visual Information 

AFQT: N/A.  A-98, 
Apprentice. DAS: 4  Aug 99. 

h.  Prior Sv:  (1) AFRes 23 Oct 98 -  27 Oct 98 (5 days) (Inactive). 

3 .  

S E W I C E   UNDER REVIEW: 

a.  Enlisted as A1C 28 Oct 98 for 6 yrs. Svd: 04 Yrs 05 Mo  05 Das, all AMS. 

b.  Grade Status:  A1C -  21 Nov 02  (Vacation of ~sticle 15, 10 Mar 03) 

SrA -  28 Feb 01 

c.  Time Lost:  None 

d.  Art 15's:  (1) 10 Mar 03, Vacation, Nellis AFB,  NV  -  Article 92.  You, 

having knowledge of a lawful order issued by LtCol 

,  to wit: "you must immediately 

contact the Finance Office to inform them of your return 
to the dorm," dated 22 Oct 02, an order which you 
acknowledged and which it was your duty to obey, did, 
from on or about 22 Oct 02 to on or about 12 Feb 03, 
fail to obey the same by failing to notify the Finance 
Office of your return to the dorm.  Reduction to A1C. 
(No appeal) (No mitigation) 

(2) 21 Nov 02, Nellis AFB, NV  -  Article 134.  You, being 

indebted to Nova Financial Service in the sum of $265.00 
for a loan, which amount became due and payable on or 
about 1 Oct 02, did, at or near Las Vegas, Nevada, from 
on or about 1 Oct 02 to on o r   about 5 Nov 02, 
dishonorably fail to pay said debt.  Suspended reduction 
to A l C .   (No appeal) (No mitigation) 

e.  Additional: LOR, 05 FEB 03 -  Failure t o   progress in Phase I of the 

LOR/UIF, 18 SEP 02 -  Financial irresponsibility. 
LOR/UIF, 04 SEP 02 -  ~inancial irresponsibility. 

weight and Body Fat Management Program. 

RIC, 13 JUL 02 -  Financial irresponsibility. 

f.  CM:  None. 

g.  Record of SV: 28 Oct 98 -  15 Apr 00  Nellis AFB  3  (HAF Dir) 
16 Apr 00 -  15 Apr 01  Nellis AFB  5  (Annual) 
16 Apr 01 -  15 Apr 02  Nellis AFB  5  (Annual) 

h.  Awards  &  Decs:  AFTR, NDSM, AFLSAR, AFOUA, AFOEA. 

i.  Stmt of Sv:  TMS:  (04) Yws  (05) Mos  (10) Das 
( 0 4 )   Yrs  ( 0 5 )   Mos  (05) Das 

TAMS: 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02 May 05. 

(Change Discharge to Honorable) 

Issue 1:  To receive MGI Bill benefits, I served the USAF honorably and was 

discharged for weight management. 

ATC W 
None. 

DEPARTMENT OF THE AIR FORCE 

99th COMMUNICATION SQUADRON (ACC) 

NELLIS AIR FORCE BASE, NEVADA 

- 

MEMOMNDUM FOR A1C 

FROM:  99 CSICC 

1 8 MAR  2003 

9 9  CS 

SUBJECT:  Notification Memorandum - Administrative Discharge AFI 36-3208 

1.  I am recommending your discharge from the United States Air Force for 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 8 Jul02, you were counseled about delinquent payments to an account 

involving encyclopedias.  Also, your government travel card was past due 30 days.  On 18 Jul02, 
you stated that you were 2 months behind on your vehicle payments.  On 22 Jul 02, your 
encyclopedia and government travel card accounts were still delinquent.  For your actions, you 
received n Record of Individual Counseling (ROIC) on 13 Jul02; 

b.  On or ghnllt 30 Aug 02, the acting 99 CS/CCF, MSgt 

r  received a phone 
wanted to report the 

of Legal Services GNM International. Mr. 

call from Mr 
receipt of a $125.00 check received from you was returned due to insufficient funds.  During the 
conversation, Mr, 
~ndicated the following information.  You were currently $290.00 past 
due on a $1,200.94 education package.  You had not made a valid payment an the debt since 
Mar 02.  Mr. 
calls.  When Mr. 
you received a Letter of Reprimand (LOR) on 4 Sep 02 and this action established an 
Unfavorable Information File (UIF); 

nade numerous attempts to contact you but you had not returned any of his 
said that you were uncooperative, and disrespectful, For your actions, 

c.  On or about between 29 Aug 02 and 2 Sep 02, you were 6 months delinquent on an 
education package, $309.00 unpaid for braces, and $450.00 unpaid on truck payments.  In 
addition, you were over 90 days delinquent on your government travel card in the amount of 
$83738, and 60 days past due for $1,345.16.  For your actions, you received an LOR on 
18 Sep 02 and this action was placed in your UIF; 

d.  You, being indebted to Nova Financial Service in the sum of $265.00 for a loan, which 

amount became due and payable on or about 1 Oct 02, did at or near Las Vegas, Nevada, from on 
or about 1 Oct 02 to on or about 5 Nov 02, dishonorably fail fo pay said debt.  For your actions, 
you were punished under Article 15, Uniform Code of Military Justice (UCMJ) consisting of a 
suspended reduction to the grade of airman first class; and 

e.  You. having knowledge of a lawful order issued by Lieutenant Colonel 

to wit:  "you must immediately contact the Finance Office to inform them of your 
return to the dorm," dated 22 Oct 02, an order which you aclmowledged and which if was your 
duty to obey, did, at or near Nellis Air Force Base, Nevada, from on or about 22 Oct 02 to on or 
about 12 Feb 03, fail to obey the same by failing to notify the Finance Office of your return to the 
dormitory.  For your actions, on 10 Mar 03 the suspended portion of the Article 15, UCMJ 
punishment received on 21 Nov 02 was vacated.  You were reduced to the grade of airman first 
class. 

3.  Additional derogatory information not used as a basis or for service characterization, but to 
decide if you should be discharged or whether you should receive probatiolti and rehabilitation: 
on or about 10 Jan 03, you failed to make satisfactory progress in Phase I of the Weight and Body 
Fat Management Program.  Specifically, you did not lose 5 pounds or 1 percent body fat.  For 
your actjons, you received an LOR on 5 Feb 03. 

4.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force, and, if 
you are discharged, how your service will be characterized.  If you we discharged, you will be 
ineligible for reenlistment in the Air Force and will probably be denied enlistment in any 
component of the Armed Forces. 

I I '.00 hours.  You may consult civilian counsel at your own expense. 

5 .   You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult the Area Defense Counsel at Bldg 625 on 
18ma f?  at 
c+ 
6.  You nave me tight to submit statements in your own behalf.  You have three (3) duty days 
from the dateltime served to submit statements in your behalf.  Any statements you want the 
at  o  1.5  hours unless you 
separation authority to consider must reach me by a, mprit 
request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

7.  In the event the commander exercising Special Court-Martial jurisdiction or a highcr authority 
approves your discharge, separations will out-process vou.  Your initial separations briefing is 
scheduled for JQ, 

f 0: clo  hrs. sS1\4 

on 

8.  If you fail to consult or to submit statements in your own behalf, your failure will constitute a 
waiver of your right to do so. 
9.  You have been scheduled for a medical examination at the 99th Medical Group on  al m Anat 
10:30  hrs. .-' 

10.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFT 36-3208 is available for your use in your Unit Orderly Room. 

I 

F 

1 1.  Execute the attached acknowledgment and return it to me immediately, 

~t 

(201,  USAF 

C 

Attachments: 
1.  ROIC, 13 Jul02 
2.  AFFom 1058 
3.  LOR, 4 Sep 02 
4,  LOR, 18 Sep 02 
5 .  Article 15,21 Nov 02 
6.  AF Form 366 
7.  LOR, 5 Feb 03 
8.  AF Form 1137