0 AFSN/SSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

X 

RECORD REVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

1 

MEMBER SITTING 

I 

VOTE OF THE BOARD 

A94.53 

INDEX  NUMBER 

A67.00 

HEARING DATE 

CASE NUMBER 

BRIEF OF PERSONNEL FILE 

PERSONAL APPEARANCE 

Advise applicant of the decision of the Board, the right to a personal appearance with/witliout counsel, and the right to 
submit an application to the AFBCMR 

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

1  " 

1  ~ n .  

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

1  FROM: 

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

1 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00355 

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 the applicant  submitted no issues contesting the equity or propriety  of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify  a change of 
discharge. 

ISSUE: 

The records indicated the applicant received two Article 15's, three Letters of Reprimand (LORs), a Letter of 
Counseling (LOC), and one Record of Individual Counseling (RIC) for misconduct.  His first Article 15 was 
for being derelict in the performance of duties for failing to refrain from drinking alcoholic beverages while 
under the age of 21.  He was also cited for using a hatchet and knife to destroy government property.  The 
second Article 15 was for being derelict in the performance of duties for negligently providing alcoholic 
beverage to persons under the age of 21.  The three LORs were for violation of base housing policy by 
failing to have a letter on file designating someone to care for quarters and pets, failure to attend a Social 
Actions class and the third for sexual harassment by making deliberate and repeated unwanted comments to 
coworkers.  His LOC was for failure to attend a scheduled newcomers briefing and the RIC was for being 
late to work.  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 

(Former AMN)  (HGH A1C) 

1.  MATTER  UNDER REVIEW:  Appl rec'd  a GEN Disch fr Minot AFB, ND on 30 Oct 95 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: 5 Aug 73.  Enlmt Age: 18 11/12.  Disch Age: 22 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-62,  G-80,  M-61. PAFSC: 3A031 -  Information Management 
Apprentice. DAS: 28 May 93. 

b.  Prior Sv: (1) AFRes 27 Jul 92 -  14 Jan 93  (5 months 18 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 15 Jan 93 for 4 yrs. Svd: 02 Yrs 09 Mo 16 Das, all AMS 

b.  Grade Status:  A m  -  27 Sep 95  (Article 15, 27 Sep 05). 

A1C -  15 May 94. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 27 Sep 95, Minot AFB, ND -  Article 92.  You, who knew 
of your duties, on or about 8 Aug 95, were derelict in 
the performance of those duties in that you negligently 
failed to refrain from providing alcoholic beverages to 
persons under the age of twenty-one years, as it was 
your duty to do.  Reduction to Airman.  (No appeal)  (No 
mitigation) 

(2) 16 Jul 93, Minot AFB, ND  -  Article 92.  Preliminary 

investigation has disclosed that you, who knew of your 
duties, on or about 8 Jul 93, were derelict in the 
performance of those duties in that you willfully  failed 
to refrain from drinking alcoholic beverages while under 
the age of 21, as it was your duty to do.  Article 108. 
Preliminary investigation has disclosed that you, did, 
from on or about 6 Jul 93 to on or about 8 Jul 93, 
without proper authority destroy by using a hatchet and 
knife, a bed of a value of about $100.00, military 
property of the United States.  Forfeiture of $100.00 
pay per month for 2 months, and 30 days correctional 
custody. (No appeal)  (No mitigation) 

e.  Additional: RIC, 05 SEP 95 -  Late for work. 

LOR/UIF, 17 JUL 95 - Violation of Base Housing policy by 

failing to have a letter on file 
designating someone to take care of 
quarters and pets. 

LOR, 13 SEP 93 -  Failure to go. 
LOR, 13 SEP 93 -  Sexual harassment. 
LOC, 23 JUN 93 -  Failure to go. 

f .  CM:  None. 

g.  Record of SV: 15 Jan 93 -  14 Sep 94  Minot AFB  4  (Initial) 

h.  Awards &  Decs:  AFTR, NDSM, SAEMR. 

i.  Stmt of Sv:  TMS: (031 Yrs  (03) Mos  (04) Das 
TAMS: (02) Yrs  (09) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Aug 05. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None 

e 

DEPARTMENT  O F  T H E  AIR F O R C E  

H E A D Q U A R T E R S  STH  BOMB W I N G   (ACC) 
M l N O T  AIR  FORCE BABE,  N O R T H  DAKOTA 

FD2005-00355 

28 Sep 95 

-MEMORANDUM FOR AMN L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : 

----------------------------------------------. 

5TH CIVIL ENGINEERING SQUADRON, MINOT AFB, ND 

FROM:  5 CES/CCQ 
SUBJECT: Letter of Notification - AFI 36-3208, Para 5.50.2 
1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically, conduct prejudicial to good order and discipline.  The authority for this action i s  Am 
36-3208, paragraph 5.50.2.  If my recommendation is approved, your discharge will be 
characterized as under other than honorable conditions, general or honorable.  I am 
recommending that your scrvict bc characterized as general. 

2.  My reasons for this action arc: 

a.  You who knew of your duties, at or near Minot Air Force Base, North Dakota, on or about 

8 August 1995, were derelict in the performance of those duties in that you negligently failed to 
refrain fiom providing alcoholic beverages to persons under the age of 21 years, as it was your 
duty to do.  You were given an Article 15,27 Sep 95. 

b.  On or about 5 Sep 95, you showed for duty at 0805 hrs.  Your duty day starts at 

0730 hrs.  This was not the fvst time you had been late.  You were given a Record of Counseling 
(ROC), 5 Sep 95. 

c.  On or about 28 Jun 95, you failed to have a letter on file at the Base Housing Office, 

designating someone to take care of your quarters and pets, in violation of base housing policy as 
established in the family housing brochure.  You were given a Letter of Reprimand (LOR), 
17 Ju195.  A Unfavorable Information File (UIF) was also established. 

d.  On or about 9 Sep 93, you did, at or near Minot Air Force Base, North Dakota, fail to 
report to a scheduled class at the Social Actions office.  You were given an LOR, 13 Sep 93. 

e.  Between on or about 15 Jun 93 and on or about 25 Aug 93, you did, at or near Minot Air 
; You were given 

Force Base, North Dakota, commit sexual harassment toward; L - - - - - - - - - - - - - - - - - - - ,  
an LOR, 13 Sep 93. 

--------------------. 

f.  Preliminary investigation disclosed that you, who knew of your duties, at or near Minot Air 
Force Base, North Dakota, on or about 8 Jul93, were derelict in the performance of those duties 

I 
i 

I> 

in that you willfully failed to refrain from drinking alcoholic beverages while under the age of 2 1, 
as it was your duty to do.  In addition, preliminary investigation disclosed that you did, at or near 
Minot Air Force Base, North Dakota, between on or about 6 Jul93 and on or about 8 Jul93, 
without proper authority destroy by using a hatchet and knife, a bed value of abut $100.00, 
military property of the United States.  You were given an Article 15, 16'Jul93 which was placed 
in your UIF folder. 

g.  On or about 14 Jun 93, you failed to go to your scheduled appointment at the newcomers 

briefing.  You failed to inform your flight sergeant that you had a scheduled appointment; 
consequently you were dispatched to the field and unable to keep this appointment.  You were 
given a Letter of Counseling (LOC), 23 June 93. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The Commander exercising SPCM jurisdiction (5 BWICC) 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.  Any special pay, bonus, or education assistance funds 
may be subjected to recoupment. 

3.  You have the right to consult counsel.  Military legal - - counsel 
I have made an appointment for you to consult C a p t a ~  
office, 300 Summit Drive, Room 306A, a t u  hours,in- 
counsel at your own expense. 

95.  YOU may consult civilian 

- - - - - -  has been obtained to assist you. 

i,  Area Defense Counsel, at his 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
95, unless you 
separation authority to consider must reach me by- 
request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

hours, on 

5.  If you fail to consult counsel or to submit statement. in your own behalf, your failure will 
constitute a waiver of your right to do so. 

45 , for the examination.  You must not drink alcoholic beverages 72 hours prior D the 

6.  You have been scheduled for a medical examination.  You must report to the Physical Exam 
Section  5th Medical Group Hospital, 10 Missile Avenue, Minot AFB, ND a t a  hours, on 
3 
exam; you must not consume fatty foods (dairy products, fried foods, eggs, red meats, and 
seafood) 24 hours prior to the exam; you must not eat, drink, smoke, or chew tobacco 14 hours 
prior to the exam (you should drink 4-6 glasses of water in the 14 hour period). 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement a of 
1974. A copy of AFI 36-3208 is available for your use in &e Orderly Room. 

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
Squadron Section Commander, 5 CES 

Attachments: 
1.  Article 15,27 Sep 95 

a,  ROC. 5 Sep 95 
b.  LOR, 17 Jul95 
c.  LOR, 13 Sep 93 
d.  LOR, 13 Sep 93 
e.  Article 15, 16 Jul93 
f.  LOC, 23 June 93 

2.  Receipt of Letter of Notification