AIR FORCE DISCHARGE REVIEW  BOARD HEARING RECORD 

- -  - - 

1  AFSNISSAN 

TYPE GEN 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

(  AMN 
X 

RECORD REVIEW 

MEMBER SITTING 

- 
HON 

1 

- 

VOTE OF T H E  BOARD 

GEN 

UOTHC 

I  OTHER 

- -- 
I  DENY 

1 

I - 

ISSUES 

A94.05 

INDEX NUMBER 

A67.90 

1 
2 
3 
4 

HEARING  DATE 

CASE NUMBER 

I 

-- 

. . . . . . . .  

-- 

EXIllBII'S Sl;B.MI'ITED  1'0 TIIE BOARD 

I  ORDER APPOINTING THE BOARD 
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 RECORDING OF PERSONAL APPEARANCE 

I 

10 Mar 2006 
APPLICANT'S  ISSI!E  kUD 1 W i  B0.4RDD'S DEClSlOYN RATIONAL ARE DISCUSSED O h  'IHE ATTACHED AIR FORCt DISCHARGE REVIEW BOARD LJECISIOYAI.  RATIONALE 

FD-2005-00342 

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. 

*  Reason and Authority 
+  Reenlistment  Code 

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

AFHQ FORM 0-2077, JAN 00 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFR, MD 20762-7002 

I 
(EF-V2) 

Previous edition will be  used 

A 

I 
1 

1 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00342 

GENERAL:  The applicant appeals for upgrade  of discharge to honorable,  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 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 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 discharge was inequitable because it was too harsh.  The records indicated the applicant 
received three Article 15s to include vacation of a suspended sentence, one Letter of Reprimand and one 
Record of Individual Counseling for misconduct.  Applicant had several disciplinary infractions during his 
3 1 months of service.  He received an Article  15 for wrongfully entering the dormitory living quarters of a 
member of the opposite sex, under age consumption of alcohol, failing to return to dormitory and derelict in 
the performance of duties.  He received his second Article  15 for derelict in performance of duties by 
willfully failing to refer to Technical Order while performing the task of tearing down an aircraft engine. 
His Article  15 was vacated when he was derelict in the performance of duties in that he was not fully 
prepared to inprocess into the Correctional Confinement.  The applicant's  Letter of Reprimand was for being 
out of uniform and disobeying a direct order which he had been verbally counseled on several occasions by 
superiors.  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 
conduct expected of all military members.  The characterization of the discharge received by the applicant 
was found to be appropriate. 

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 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

.-------------------------------------: 
1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr Dover AFB, DE on 17 Oct 02 UP 
AFI 36-3208, para 5.50.2 (Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge, and to Change the RE Code, Reason 
and Authority for Discharge. 

MISSING MEDICAL RECORDS 

(Former AMN)  (HGH AlC) 

2.  BACKGROUND: 

a. DOB: 30 Oct 79. Enlmt Age: 20 3/12.  Disch Age: 22 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-36,  G-37,  M-43. PAFSC: 2A651A -  Aerospace Propulsion 
Journeyman. DAS: 7 Sep 00. 

b.  Prior Sv: (1) AFRes 14 Feb 00 -  28 Feb 00  (17 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 01 Mar 00 for 6 yrs. Svd: 02 Yrs 07 Mo 16 Das, all AMS. 

b.  Grade Status:  AMN -  19 Aug 02  (Vacation of Article 15, 6 Sep 02) 

A1C -  17 Apr 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 06 Sep 02, Vacation, Dover AFB, DE -  Article 92.  You, 

who knew of your duties, on or about 29 Aug  02, were 
derelict in the performance of those duties in that you 
willfully failed to be fully prepared to inprocess into 
the Correctional Confinement Facility at Camp Lejeune 
Marine Corps Base, North Carolina with all mandatory 
items, as it was your duty to do.  Reduction to Amn. 
(No appeal) (No mitigation) 

(2) 19 Aug 02, Dover AFB, DE -  Article 92.  You, who knew 

of your duties, on divers occasions between on or about 
26 Jun 02 and on or about 26 Jul 02, were derelict in 
the performance of those duties, in that you willfully 
failed to refer to Tech Order 2J-GTCP 165-16 while 
performing the task of tearing down an aircraft engine 
auxiliary power unit and perform that task in accordance 
with that tech order, as it was your duty to do. 
Suspended reduction to Airman.  Seven days correctional 
custody (Mitigated to 14 days extra duty). (No appeal) 

( 3 )   07 Jul 00, Sheppard AFB, TX -  Article 9 2 .   You did, on 

or about 17 Jun 00, violate a lawful general 

ITEM 6 
ISSUES: WHY AN UPGRADE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST 

Why am I requesting an upgrade to my service discharge?  Well the short of it is I miss the 
military.  I am currently looking to join the Air Force reserves as fire fighter.  In order to do so 
though, I would have to be granted an upgrade of my discharge from general under honorable 
conditions to honorable.  I was told I could consider the Army Reserves or Air National Guard, 
but truly, the Air Force is the only line of service for me.  Not only did I serve for the Air Force 
but I come from a strong circle of Air Force family and fiends.  I feel as though I have grown a 
lot since my original time in service, and have finally come to a point where I know what I want 
to do with myself.  I feel through fire fighting I can give back to my community and also to my 
country. 

In regards to the original discharge, I feel my punishment was severe for the incident it 
surrounded.  I always gave my all to the services I performed.  I passed all my training clkses 
with near pafect scores which were far above the requirements.  I received an Air Force 
Training Ribbon, a National Defense Service Medal, and the Air Force Outstanding Unit Award. 
You will see &om my records that the incident was neither malicious nor immoral.  It was a 
mistake; a missed step in a technical order manual.  I do not it feel it warranted my discharge.  So 
here I am, trylng to set things straight and hoping that the board can see the same, 

3 0  SEP  ?oM 

FROM:  436 CMS/CC 

SUBJECT: Not$cation  Memorandum 

1.  I am recommending your discbarge h m  the United States Air Force for a Pattern of Misconduct, 
specifically, 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 honorable or general.  I an? recommending that your service be characterized as general. 

2.  My reason fbr this action is: 

a  On or about 29 Aug 02, you were derelict in the performance of your duties by f k h g  to be 

properly prepared for your in processing to the Correctional Confinement Facility at Camp LeJeune Marine 
Corps Base, North Carolina For this misconduct the suspended reduction in rank h m  your Articte 15 
punishment was vacated on 9 Sep 02. 

b.  On divers occasions between on or about 26 Jun 02 and 26 Jul02, you were derelict in the 

performance of your duties in that you witlfdly failed to refer to Technical Order 2J-GTCPI 65-1 6 while 
performing the task of tearing down an aiPcraft engine awriliary power wit and @m  that task in 
accordarm with that Technical Order as it was your duty to do.  For this misconduct you received an 
Article 15, dated 9 Aug 02. 

c.  On or about 23 Aug 01, you disobeyed a direct order to be in proper mifbrm when wallang from 
your motorcycle to the shop.  For this misconduct you received a Letter of Reprimand, dated 24 Aug 01. 

d.  On or about 6 11.11 01, you were late returning h m  lunch and had already been verbally counseled 

for being late on previous occasions.  For this misconduct you received a Letter of Counseling, dated 
6 JulO1. 

e.  Between on or about  16 Jun 00 and  17 Jun 00, you violated several lawful general instructions by 

consuming alcoholic beverages underage, entering the dormitory living quarters of  a member of the 
opposite sex,  disobeying cdew and !%ling to stay away h m  "off limit areas on base".  For this 
misconduct you received an Article 15, dated 29 Jun 00. 

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 you. service will be 

cbamcterized.  If you are discharged, you will be ineligible fbr reenlistment in the Air Force and any special 
pay,  bonus, or higher education assistance fi,unis may subject to recoupment. 

3.  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 the Charleston Air Force Base Area Defense Counsel, Captl L - - - - - ~  
at DSN 673-4416, as soon as possible.  You may consult civilian counsel at your own expense. 

, - - - - - - 1  

4.  You have the right to submit statements in your own behalf,  Any statements you want the separation 
authority to consider must reach me within 3 dutv days unless you request and receive an extension for 
good cause shown. I will send them to the se@n 
authority.  If you hil to consult counsel or to submit 
statemeats in your own beM, your Wure wilI constitute a waiver of your right to do so.  The Privacy Act 
of 1974 covers any personal information you W h  in rebuttal.  A copy of MI  36-3208 is avahble for 
your use in the Orderly Room 

5. You have been scheduled b r  a medical examinatioa. You must report to Family Practice, Second 
Floor, Building 305, at 0730 on Tuesdav. 1 Oct  02 for the examination with Dr. i - - - l  I f  you have any 
questions or need to reschedule this appointment, please call 677-6130. 

6.  You have been scheduled br a %parations Briefing. Please report to Buildiag 520, Room 112, ext 
2155 on Tuesday, 1 Oct 02 at 0900 hours, 

7.  Execute the attached acknowledgement and return it to me immediately. 

. . - . . . . . . - . . . . . . - . . - . . . . . . - . . . -fl~.. . . . - . . . . . , 

Attachments: 
1.  AF Form 366, Vacation of Suspended Nonjudicial Punishment, dated 9 Sep 02 
2.  AF Form 3070, Art  15, dated 9 Aug 02 
3.  Letter of Reprimand, dated 24 Aug 0 I 
4.  AF Form 174, Record of Individual Counsehg, dated 6 JuJ 0 1 
5. AF Form 3070, Art 15, dated 29 Jun 00 
6. A h a d s  Receipt of Notification Memorandum 
7.  ID Card Withdrawal letter