I 

I 

1 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

- 

I  N A M r  r l r  C r . u w r r . c   n d c n l r n r n   ,r 

A C T  

r r n ~ . - -  n n ~ . . r . m   w - .  

YITIAL) 

. ., 
TYPE GEN 

YES 

- ..  . ,- 

.-  - .., . - 

PERSONAL A.P.PEARANCE 

.,... 
N A M E  O F  COUNSEL A N D  OR ORC;ANILA'I'ION 

- ... . . . 

MEMBER SITTING 

--  -- 

GHAIIE 

1  AMN 

.- ..- 

. 

. ,... 

ADDRESS A N D  OR O R C A N ~ L A I  ION OF COIINSEI. 

INDEX  NllMBER 

A67.10 

EXHIBITS SliBMlTTED 1'0 TllE BOARD 

..  ,  - 

-. 

APPLICA-TION iOR REVIEW O F  DlSCHAKCiE - -- 

3  1  1.E.I-'I EK OF NOTIFICATION 
4  /  BRIEF OF PERSONNEL FILE 

- 

1  14 Feb 2006 

I  CASE NLIMIIEY 
1  FD-2005-00350 

COUNSEL.'S  RELEASE TO 'flIE BOARD 
ADDITIONAL  EXHIBITS SUBMlTTED AT TIME OF 
PERSONAI.  APPEARANCE 

'TAPE  RECORDING; OF PERSONAL APPEARANCE 

I 

1 

( 

I 

APPLlCAhT  \ I5WE AND M€  BOARD S DF( I\IONAL  RATIONAL  ,RE DISCUSSED Oh 1 Ht ATTACHED 41R FORCE DISCHMGE RE\ ItW BOARD DE( I\IOUAL  KATIONAI  F 

I 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counscl, and tllc right to 
submit an application to the AFBCMR. 

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

.+- RE Code 
* Reason & Authority 

I 

EICLNNLP~~OF n w  n r r . r m n c n  

h 

I!  / J  

I 

Y 

1 

SMIMKUR 
550 C STREET WESI',  SUITE 40 
RANDOl.PH AFB, TX 78 150-4742 

FROM: 

SECRETARY OFTHE AIR  FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARCF  REVIEW BOARD 
1535 COMMAND DR,  EE  WING, 3RD FL,OOH 
ANDREWS AFR,  MU 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  bc used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAI, RATIONALE 

C'ASL NUMBER 

FD-2005-00350 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to change the reenlist~nent 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 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:  Applicant would like to have his discharge upgraded due to his excellent post service history.  The 
records  indicated  the  applicant  received  three  Article  15s,  three  Letters  of  Reprimand,  one  Record  of 
Individual Counseling and two Memorandums for Record  for misconduct.  The lnisconduct included  failure 
to  go  on  divers  occasions,  drunk  and  disorderly,  dereliction  of  duty,  failure  to  report  on  time,  financial 
irresponsibility, dn~nk on duty, and failure to go.  The DRB opined that through these administrative actions, 
the applicant had ample opportunities to change his negative behavior. The Board was pleased to see that the 
applicant was doing well  and has a good job  with  the United  States Army  in the  Personnel  Security Field. 
However, no inequity  or ilnpropriety in his discharge was  suggested or found in the course of the hearing. 
The Board concluded the misconduct of the applicant appropriately characterized his term of service. 

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 fbregoing findings the Board hrther 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 AMN)  (HGW A1C) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Scott AFB, IL on 11 Oct 02 UP 
AFI 36-3208, para 5 . 4 9   (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Oct 81.  EnLmt Age:  17 6/12.  Disch Age: 21 0/12. Educ: HS DIPL 

AFQT: N/A.  A-53,  E-66,  G-50,  M-72. PAFSC: 2A551J - Aerospace Maintenance 
Journeyman. DAS: 13 Nov 00. 

b.  Prior Sv:  (1) AFRes 4 May 99 -  7 Mar 00  (10 months 4 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 8 Mar 00 for 6 yrs. Svd: 02 Yrs 07 Mo 04 Das, all AMS. 

b.  Grade Status:  A m  -  5 Aug 02  (Article 15, 5 Aug 02). 

A 1 C   -  8 Apr 00. 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 3 Sep 02, Vacation, Ramstein AB, Germany -  Article 86. 

You, did, on or about 14 Aug 02, without authority, fail 
to go at the prescribed time to your appointed place of 
duty.  Forfeiture of $200.00 pay per month for 2 months. 
(No appeal) (No mitigation) 

(2) 5 Aug 02, Ramstein AB, Germany -  Article 134.  You, 

were, on or about 24 Jun 02, drunk and disorderly. 
Reduction to Airman.  Suspended forfeiture ot $200.00 
pay per month for two months.  Forty five days extra 
duty, and a reprimand. (No appeal)  (No mitigation) 

( 3 )  9 May 01, Ramstein AB, Germany -  Article 9 2 .   You, who 

knew or should have known of your duties, on or about 12 
Apr 01, w e r e   derelict in the performance of those duties 
in that you willfully failed to use the prescribed 
technical order(s) while servicing an aircraft, as it 
was  your duty to do.  You, who knew or should have known 
of your duties, on or about 17 Apr 01, were derelict in 
the performance of those duties in that you willfully 
failed to use the prescribed technical order(s) while 
servicing an aircraft, as it was your duty to do. 

Suspended  reduction to Airman.  Forfeiture of $100.00 
pay per month for 2 months.  Forty five days extra duty, 
and a reprimand. (No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 21 AUG 02 -  Failure to report for work at the 

MFR, 02 MAR 02 -  Financial irresponsibility. 
LOR/UIF, 19 APR 01 -  Failure to report f o r   work at the 

appointed place and time. 

RIC, 02 FEB 01 -  Late for duty. 
LOR/UXF, 21 NOV 00 -  Failure to go and drunk and drunk on 

appointed place and time. 

MFR, 19 JUN 01 -  Failure to report to work at the appointed 

duty. 

place and time. 

f .  CM:  None 
g.  Record of SV: 8 Mar  00 -  7 Nov 01  Ramstein AB  2  (1nitial)REF 

h.  Awards &  Decs:  AFTR, KCM, NDSM, AFOUA  W/1 OLC. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (05) Mos  (08) Das 
TAMS:  (02) Yrs  (07) Mos  (04) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd  24 Aug  05. 

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

for Discharge) 

ISSUES ATTACHED TO  BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Letter of Reference, 30 Mar  05. 
3. Base System Civilian Evaluation Report, 7 Jun 04. 
4. Base System Civilian Evaluation Report, 30 May 05. 
5 .   Army Superior Performance Award Certificate. 
6. T h r e e   Training Certificates. 
7 .   DD Form 214. 
8. Complete Copy of Discharge Package. 

3 I. AUG  2005 

APPLICATION  FOR THE REVIEW OF DISCHARGE 

FROM 'THE  ARMED FORCES OF THE UNITED STATES 

fPlwase read instructions on Pages 3 and 4 BEFORE com~leting this app/ication.l 

Form Approved 
OMB NO. 0704-0004 
Expires dug 3 1,  2006 

me puDllc  reporting burden for  thia collacfion of  intormation is ostim~tod to average 30 minutes per roaponsa,  including tho time for  reviewing imtrtrua4enS.  6aarchinp exisling data eourCeS. 
Qathsrlng and maintaining me dets needed, end  $ompletlng and raviowino the c~llqctipn of  information.  Send comrnsnts rsgsrding this burden srtirnats  or  any other espect ot thls COlleCIlon 
of  information,  including suggestions for  reducing the burden,  to the  Department of  Defense.  Executive  Servicea and Communications Directorate 107WOD04l. Roapondentr  anould  be 
aware tnm nofwithstnndlng  any  Other provirion of low,  no person %nu1 bo SUDleCt  to  any  penally for  falllnO l o  comply with a  colio~tion of informmion It It does not display a  currently  valid 
OM5 control number.  PLEASE DO  NOT  RETURN YOUR FORM TO  THE ABOVE  ORGANIZATION.  RETURN COMPLETED FORM TO  THE APPROPRIATE ADDRESS ON 
BACK OF THlS PAGE. 
-.  . 

.  . 

. 

PRIVACY ACT  STATEMENT 

AUTHORITY:  10 U.S.C.  1553;  E.O. 9397. 
PRINCIPAL PURPOSE(SJ:  To apply for a change in the c h a r a c t e r i z a t i o n  or  reason for  military discharge  issued to an individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  h o w e v e r ,   failure  t o  provide identifying information may impede processing of thls application.  The request far 
Social Security Number is strictly to assure  proper identification of the individual and appropriate  records. 
1.  APPLICANT DATA  /The oenon whose dischewe is ro be reviewed!.  PLEASE PRINT OR  TYPE INFORMATION. 
a.  BRANCH OF SERVICE  (X O ~ B )  ( 
b.  NAME /Last,  First,  Middle Inir/aI/ 

c.  GWDEIRANK AT DISCHARGE 

I X I AIR  FORCE 

I  MARINE CORPS 

d.  SOCIAL SECURITY NUMBER 

I COAST GUARD 

[ ARMY  I 

NAVY 

E-2 

2.  DATE OF DISCHARGE OR  SEPARATION 

IYYYYMMDD) 111 dale is more thalr  16 years 
ago,  submil 8 DO Form  1491 
20021 022 

3.  UNIT AND LOCATION AT DISCHARGE 

OR GEPARATION 

37AS Ramstein AFB Germany 

---- 

- 

1  HONOWBLE 
. - . . - . - . - - - 
GENERALlUNDER HONORABLE CONDITIONS 
UNDER OTHER  THAN HONORABLE CONDITIONS 
BAD CON1  . . .-,  .- -  .-- ~ 
UNCHARACTERIZED 
OTHER  lExplein) 

DUCT ISnecial court-martial onlvl 

~ 

~ 

I 

4.  DISCHARGE CHARACTERIZATION RECEIVED (Xonn) 1  5 .   BOARD ACTION 
X 

I X I CHANGE TO  HONORABLE 
. .  . 

CHANGE TO  GENERALIUNDER 

I 

- 

- 

,,-,.-,w.--- 

CHANGE TO UNCHARACTERIZED 

C 
61 

I 

I 

I 

Page 3.) 

6.  ISSUES:  W H Y  AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION  FOR THE REQUEST IConrlnue in irsm  14.  Sse Instructions on 
1 am requesting a discharge upgrade with a recommendation to change the RE code for enlistment into the Army or Arm  Reserve. 
I underjtqd and deeply regret m  past actioqs, and 1 feel that I owe an enormouse debt to the US Government for not 
my obl~gatmns wYe m the U S A ~ .  I a h  belleve that at the tune I was slrnply to young md m a t u r e  for rnllltary scrvlce. 
1 

1  7.  IX if epplicabld A N  APPLICATION WAS PREVIOUSLY  SUBMITTED ON (~YYYMMDD) 

E 

-filling 

. . 

I 

AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION,  OR EVIDENCE. 

If milirn~y documents or medical records are rslevanr ro your case,  plea~s sand copies.) 

8.  IN SUPPORT OF THlS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE  6UBMlTTED AS EVIDENCE: IConttnue in Itam  17. 
US Army civillian  erfomance ratings. Certificates of Trainin  , Letter(s) or recommendation, USAF Personnel Kccords, 
University of ~ ~ P a n d  

un-official transcript. US Army 0ffioi8  Commendation. 

I 

I 

9.  TYPE OF REVIEW REQUESTED fX one) 
V I CONDUCT A RECORD RNlEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
" ]  SUBMllTED BY ME.  1 AND/OR I c o u n s e ~ r s n r a v  WILL NOT APPEAR BEFORE THE BOARD. 
I I AND/OR /caunse~rep/e$entative~ WISH  TO APPEAR AT A  HEARING  AT NO  EXPENSE TO THE GOVERNMENT  BEFORE THE  BOARD IN THE 
WASHINQTON.  D.C.  METROPOLITAN ARE&. 
I AND/OR  Icounse(/representetivs/ WISH TO APPEAR AT A HEARING AT NO WPENSE TO THE GOVERNMENT BEFORE A  TRAVELING  PANEL CLOSECT TO 
/enter city end stete) 

(NOTE:  The Navy Discharge Review Board does not haws a trevellngpansl.l 

10.0. COUNSELIREPRESENTATIVE Ill any) NAME (Lest,  First,  Middle InlrlalJ AND ADDRESS  I b.  TELEPHONE NUMBER Ilrtcludt Area  Coclel 

[See Mern  ID ol the Instructions about ~ ~ u n ~ n I / r o p r ~ ~ ~ n l ~ t i v a . I  

I 
I 

< 

I 

C.  E-MAIL 

d.  FAX NUMBER (Include Area Code) 

11.  APPLICANT  MUST SIGN IN ITEM 13.a.  BELOW. 

If the  record In questlon Is that of a deceased or Incomprtsnt person,  LEGAL PROOF OF 

If the appacation in signed by other than the applicant,  lndlcate 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION. 
th.  name (pdnr) 

NEXT OF KIN 
7  SON ABOVE 

and relationship by marklng a box below. 
LEGAL REPRESENTATIVE 

b.  TELEPHONE  N l  I M ~ l

c.  E-MAIL 

I ~ ~ h ~ d n  
Arm-  m d n l  

- 

. 

... 

, F -  

1 of any change in address. J 

c 

13.  CER'TIFICATION.  I make the foregoing statements,  a t  part of my claim,  with full knowledge of the 
penahler Involved for wlllfully making a falsr  rtatement or claim.  1U.S.  Code,  Tltle 78,  Sections 287 
and  1001, provlde that an lndlvidual shall be fined under this title or /mprisoned not more than 5 years, 
or both.] 

--*...--- ..  .. . 

. .   - . .  

. 

CASE NUMBER 

(DO  w,ite in this space.) 
-Fb 2005- b 3 5 i l  

b.  DATE SIGNED . REQUIRED 
IYYYYMMD fh50916 

a,-.,.-..-- 

" 

I 
DD FORM 293, MAR 2004 

PREVIOUS EDITIONS ARE OBSOLETE. 

I 

I 

I 
Page 1 of 4 Pages 

Am  V1.OO 

1  14. CONTINUATION OF ITEM 6, ISSUES !If  applicable) 
Since the date of discharge 1 have remained sober and feel I  am successful in recovery. I have also regularly attended college and 
worked full time for the US Army as a civil  servant in the Personnel Security field. I am qualified and work as  an Anti-Terrorism 
Officer Level I1 instructor, the assistant intelli  ence ofncer, and assistant security manager for the 598th Transportation Terminal 
Croup in Ronerdam, The Netherlands. I feel #at  warkhg for the government is just a small piece of doing my part to repay what I 
feel I owe, and since the date of my discharge 1 have worked to improve myself and my performance both on and off duty. I would 
like the oppurtunity to serve on active duty or reserve as  a way to make amends for my past wrongs to the US Government. 
Recieving my discharge from the USAF was one of the hardest, if not the hardest thing I have had to  tackle in my life. I loved 
serving in the USAF, but was obviously not ready at the time. On the other side of things, my discharge set a motion of events into 
place that changed my life, and I've learned alot of hard lessons from. I have used this opp&ty 
servicemembers who may be experiencing similar things while serving, in an effort to keep them from going down the same path  I 
have. My general discharge alone does not leave me in-dligible for enlstiment into any branch, but the RE code of 2B does. I woul 
like to humbly request an upgrade so that I may serve again in an effort to repay past debts in a measure that goes beyond repayme1 
of my enlistment bonus. 

to work with other 

I 
I 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
9700 Page Avenue 
St. Louis, MO  63132-5200 
(See http:l/arba.army.pentagon.mil) 

Air  Force Review  Boards Agency 
SAFIMRBR 
550-C Street West,  Suite 40 
Randolph  AFB,  TX  781 50-4742 

NAVY AND MARINE CORPS 

Naval Council of  Persannel Boards 
720 Kennon Strest. S.E. 
Room 309 (NDRB) 
Washlngton Navy Yard,  DC  20374-5023 

COASTGUARD 

U.S. Coast Guard 
Commandnnt (CI-WPM) 
21 00 Second  Street,  S.W. Room 5500 
Washington, DC  20593 

I 

Db FORM 293, MAR 2004 

Page 2 of 4 Pa  es 
"1 %o 

I 

% ,

 

DEPARTMENT OF THE AIR FORCE 
86TH AIRLIFT WING (USAFE) 

FD2005-00350 

i 

I 

I 

I 
I 

MEMORANDUM FOR AMht 

FROM:  37 AS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom 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 
recornmendation is approved, your service will be charactaized as either honorable or general.  I 
am recommending that your service be characterized as general (under honorable conditions). 

2.  My reasons for this action are; 

a.  On or about 14 August 2002, without authority, you failed to go at the time prescribed to 
your appointed place of duty.  For this incident you received a Letta of Reprimand (LOR) dated 
2 1 August 2002 (Atch 1 a).  This document was placed in your existing Unfavorable Information 
File (UIF) (Atch 1 h).  Additinnally, you received a vacation to your previously suspended 
punishment dated 3 September 2002 (Atch 1 b). 

b.  On or about 24 June 2002, you were drunk and disorderly.  For this incident you received 
nonjudicial punishment dated 5 August 2002.  This document was placed in your existing UIF 
(Atch 1 c & h). 

c,  On or about 12 and 17 April 2001, you were derelict in the performance of your duties in 
that you willfully failed to use the prescribed technical order(s) while servicing an aircraft.  For 
this incident you received nonjudicial punishment dated 9 May 200 1.  This document was placed 
in your existing UIF (Atch Id & h). 

d.  On or about 16 April 2001, you failed to report for work at the appointed place and time. 
For this incident you received an LOR dated 19 April 2001.  This document was placed in your 
existing UIF (Atch le & h). 

e.  On or about 2 February 2001, you failed to report for duty on time.  For this incident you 

received a Record of Individual Counseling (RIC) dated 2 February 200 1 (Atch 1 f). 

50 Yeam of FrisndsMp and Freedom 

f. On or about 16 November 2000, you failed to report for duty on time.  You were also were 
intoxicated for duty.  For this incident you received an LOR dated 21 November 2000.  A UF 
was established and this document was placed in it (Atch 1g & h). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jwisdiction 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  ouns~l has heen obtained to assist 
, Area 

you,  I have made an appointment for you to consult 4F 
Defense Counsel, Ramstein AB, GE, Building 2111, DS  480-2182l2492 on 
ad$h 
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 24 F.),t 
at 1 2 ~ 1  hours 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

DO 

. You may consult civilian counsel at your awn expense. 

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 in uniform with 
your medical records and an escort to the Ramstein AB Clinic, Physical Exams, Building 
2121 on %5&0l/d MOO for the evaluation.  If you wear g l u e s ,  you must bring them 
with you.  If you weGcontacts, you must be able to remove them. 

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 the orderly room. 

9.  Although not a reason for discharge, Memos for Record (MFRs) for failure to make your 
Military Star Card payment and failure to report for work at the appointed place and time and the 
denial of your award of the Air Force Good Conduct Medal are additional considerations, and are 
therefore attached. 

,  LT COL, USAF 

Commander 

I 

I 

I 

Attachments: 
1.  Supporting Documents: 

a.  Vacation, 3 Sep 02 
b.  LOR, 21 Aug 02 
c.  Art  15,5 Aug 02 
d,  Art  IS, 9 May01 
e.  LOR,  19 Apr 01 
f.  RIC, 2 Feb 01 
g.  LOR, 21 Nov 00 
h.  AF Fom 1137 

2.  Additional Documentation 

a.  MFR,  2 Mar 02 
b.  MFR, 19 Jun 01 
c.  Denial of AF Good Conduct Medal 

3. Airman's Receipt of Notification Memorandum