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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF COUNSEL AND OR ORGANIZ4TION kl 
I-- 

I 

MEMBER SITTING 

IITIAL) 

GRADE 

AFSNISSAN 

ADDRESS AND OR ORGANl7ATION 01; COUNSEL 

HoN 

I 

GEN' 

YQTE OF TBIE BOARD 

' i:,$$#- 

I-  UO~I;C  I  OTHER  I  DENY 

'A -*.*-+--r 

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ISSUES  A93.01 

INDEX NlJhlRFR 

A67.50 

- 

HEARING DAIE 

CASE NUMBER 

I 

I 
F ~ ~ B I T S  

1  I  ORDER APPOMTmG TIIE BOARD 

S U B M I T T E D ~ T , ~ ? ~  ~ ( 9 9  

J l  

I 

I 

APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDMG OF PERSONAL APPEARANCE 

I 

13 Feh 2006 
APPLICANT'S ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED (Al THE ATTACHED AIR  FQRCE  DISCHARGE REVIEW BOARD DECISIONAL RATIONALF; 

FD-2005-00337 

I 

I 

I 

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. 

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

' . 

-+  0,  8 
I C 

'  Y 
, .  

I( 

< 

TO- 
. .. . 

SAFIM RBR 
550 C STREET WEST, SUITE 40 
RAN W L P H  A m ,  TX 78 150-4742 

' IIVDpRSEMENT 

I  FROM: 

SECRETARY OF TIIE AIR FORCE PERSONNEL COI'NCIL 
AIR FORCE DISCIIARGE RE\  IFH  BOARL) 
1535 COMMAND D R  EE WING, 3RD FLOOR 
ANDREWS AFB, Mn 20762-7002 

L 

AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

Previous edition will be used 

I 

I 

I 

- 

AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATIONALE 

CASE NUMBER 

FD-2005-0033+7 

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

The applicant was offered a personal appearance before 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 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. 

ISSUE:  Applicant contends that he should not be penalized indefinitely for a mistake he made when young. 
The records show that the applicant received two Article  15s, two Letters of Reprimand, and four Letters of 
Counseling for misconduct.  The misconduct included disorderly conduct, disrespect to a 
non-commissioned officer, disobeying a lawful order, traffic violations, failure to follow a direct order, 
failure to properly follow the chain of command, and wearing an earring while in unifonn.  The DRB 
recognized the applicant was 22 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. 

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 fbrther concludes that there exists no legal or equitable basis fbr 
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 AB)  (HGH A1C) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr F.E. Warren AFB, WY on 2 Aug 
01 UP  AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 10 Aug 78. Enlmt Age: 20 1/12.  Disch Age: 22 11/12. Educ: HS DIPL. 
AFQT: N / A .   A-83,  E-64,  G-70,  M-37. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 10 May 99. 

b.  Prior Sv:  (1) AFRes 16 Sep 98 -  01 Dec  98  (2 months 16 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  02 Dec 98 for 4 yrs. Svd: 02 Yrs 08 Mo 01 Das, all AMS. 

b.  Grade Status:  AB  -  01 Jun 01 (Article 15, 01 Jun 01) 

A m  -  20 Sep 00 (~rticle 15, 20 Sep 00) 
A1C  -  02 Oct 99 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 01 Jun 01, F.E. Warren AFB, WY -  Article 134.  You 
were, in Cheyenne, Wyoming, on or about 29 Apr 01, 
disorderly after having been told your employment with 
K-Mart was terminated by throwing a schedule at ;---------; 
-------------------. 
candy--tax ,--, clenching your fist at the said : - - - - - - - - ;  
:-----------------:, 
upside down, knocking down the pharmacy sign on your way 
out, and saying "Fuck K-Mart" over the PA system. 
Reduction to AB, restriction to F.E. Warren AFB, WY, for 
45 days, and 45 days extra duty. (Appeal/Denied) (No 
mitigation) 

'  damaging an eight foot table by turning it 

;the operations manager, knocking over a 

I - - - - - - - - -  

L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .  

I - - - - - - -  

, - - - - - - - - - 3  

(2) 20 Sep 00, F.E. Warren AFB, WY -  Article 91.  You, on 

or about 11  S e D   00. were disrespectful in language 
toward SSgt 
officer, then known by you to be a superior 
noncommissioned officer, who was then in the execution 
of her office, by saying to her "I'm not signing any 
fucking paperwork" and "paperword doesn't scare me," or 
words to that effect.  Reduction to Airman.  Suspended 
reduction to AB.  (No appeal) (No mitigation) 

a noncommissioned 

e.  Additional: LOR/CR, 30 MAR 01 -  Disobey a lawful order, and disrespect 

to an NCO. 

LOC, 31 lJUL  00 -  Several traffic violations. 
LOCI 31 JUL 00 -  Disobeying a lawful order. 
LOR, 31 JUL  00 -  Failure to follow a direct order. 
LOC,  16 JWL  00 -  Failure to properly follow the chain of 

LOC, 14 MAY 00 -  Wearing an earing while on base and in 

command. 

unif orrn. 

f .  CM:  None 

g.  Record of SV: 02 Dec 98 -  01 Aug 00  F.E. Warren AFB  3  (~nitial) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  ( 0 2 )   Yrs  (10) Mos  (17) Das 
TAMS:  (02) Yrs  (08) Mos  (01) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm 2 9 3 )   dtd 17 Aug  05. 

(Change Discharge to Honorable) 

Issue 1:  I would like to request an upgrade in my discharge because, 

although I try to go through life without any regrets, I do regret not leaving 
the Air Force on better terms.  If I could do it all again, it would be 
different.  I would do it the right way, by doing what I signed up for and 
staying in for the full four years (or maybe longer).  I would make the most of 
my time there and I would make everyone proud of me.  Now I realize that I 
cannot go back and do it all over, but I do have the opportunity to no longer 
regret having an Honorable W/General Conditions Discharge on my record.  This is 
what I am respectfully asking for.  Please upgrade my discharge to Honorable. 

Thank you for your consideration on this matter 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

90TH SPACE WING (AFSPC) 

2  3  JUL  2001 

MEMORANDUM FOR AB 

FROM:  790 SFSJCC 

SLBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct.  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 honorable or under 
honorable conditions (general).  I am recommending that your service be characterized as under 
honorable conditions (general). 

2.  My reasons for this action are: 

a.  You were, in Cheyenne, Wyoming, on or about 29 Apr 01, disorderly, after having been 

told your employment with K-Mart was terminated, by throwing a schedule ~POUD~T-L-C, 
the operations manager, knocking over a candy jar, clenching your fist at the said 

damaging an eight foot table by turning it upside down, knocking down the 

pharmacy sim on your way out, and saying "Fuck K-Mart" over the PA system, in violation of 
Article 134, UCMJ.  For this offense, you were punished under Article 15, UCMJ, on  1 Sun 01. 
Punishment consisted of reduction to the grade of airman basic, restriction Francis E. Warren Air 
Force Base, Wyoming for forty-five days, and forty-five days extra duty. 

b.  You, having knowledge of a lawful order given to you by your Flight Sergeant stating that 
you will not be allowed to partake in off-duty employment, did, at or near Francis E. Warren Air 
Force Base, Wyoming, fail to obey the order and show disrespect to a Senior Noncommissioned 
Officer and Noncommissioned Officer by making a false statement about your employment.  For 
this misconduct, you received a Letter of Reprimand (LOR), dated 30 Mar 01.  This LOR was 
placed in your Unfavorable Information File (UP). 

c.  You, at or near Francis E. Warren h r  Force Base. Wvorning. on or about 11 Sep 00, were 
disrespectful in language toward Staff Sergeant 
a noncommissioned officer, 
then known by you to be a superior noncommissioned officer, who was then in the execution of 
her office, by saying to her "I'm  not signing any fucking paperwork" and "paperwork  doesn't 
scare me," or words to that effect, in violation of Article 91, UCMJ.  For this offense, you were 

punished under Article 15, UCMJ, on 20 Sep 00.  Punishment consisted of reduction to the grade 
of airman and suspended reduction to the grade of airman basic.  You also had a UIF established. 

d.  You did, at or near Francis E. Warren Air Force Base, Wyoming, in or about 2 months, 
accrue several traffic violations.  For this misconduct, you received a Record of Counseling, 
dated 3 1 Jul00. 

e.  You did, at or near Francis E. Warren Air Force Base, Wyoming, during the month of 

Jul00, fail to obey a lawful order given to you by SSgt 
attend monthly training.  For this misconduct, you received a Record of Counseling, dated 
31 Jul 00, 

your supervisor, to 

f.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 20 Jul00, fail 

to arrive at MSgt 

1  retirement ceremony, as instructed by your Flight Sergeant, TSgt 

For this misconduct, you received an LOR, dated 31 Jul00. 

g.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 10 Jul00, 

fail to follow your proper chain of command by not notifying anyone in your chain of command 
about your status after receiving medical treatment.  For this misconduct, you received a Record 
of Counseling, dated 16 Jul 00. 

h.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 9 May 00, 

fail to obey an Air Force Regulation, 36-2903, Dress and Appearance of Air Force Personnel, by 
wearing an earring while on base and in uniform.  For this misconduct, you received a Record of 
Counseling, dated 14 May 00. 

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 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, or education assistance funds may 
be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult with an attorney at the Area Defense Counsel's 
Office at Building 292, extension 3248, on  d3 XU\ 01 
consult civilian counsel at your own expense. 

.  You may 

at  O(i.30 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays after receipt of  the 
notification memorandum, that date being  Q b X 4   0 I 
receive an extension for good cause shown.  I will send any statements you submit to the 
separation authority for his consideration. 

, unless you request and 

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 Physical Exams at 
0700 hours, on  2~ s,\  A \ 

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 in your Command Support Staff office. 

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

nder, 790tEI Security Forces Squadron 

, Maj, USAF 

Attachments: 
1.  Article 15, dated 1 Sun 01 
2.  AF Form  1058 wlAtch:  LOR, dated 30 Mar 01 
3.  Article 15, dated 20 Sep 00 
4.  Record of Counseling, dated 31 Jul00 
5.  Record of Counseling, dated 3 1 Jul 00 
6.  LOR, dated 31 Jul00 
7.  Record of Counseling, dated 16 Jul00 
8.  Record of Counseling, dated  14 May 00 
9.  Other derogatory data not listed in the Notification Memorandum:  three Armed Forces 
Traffic Tickets