~ 
1  NAME OF SERVICE MEMBER (LAST, FIRST M1DDI.E  INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1 

-'" 
I 

I 

i 

PERSONAL APPEARANCE 

NAMh OC  COUNSLL AND OR ORtiAN164TION 

- -- 

I  x  I 

I 

L 

RECORD REVIEW 

C............., 

AI)UHhS5 ANI)  OH OHGAN114 1 ION OF COI'NSEI. 

I 

I 

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

MEMBER SITTING 

llON 

I 

VOTE OF THE BOARD  I  ', 
I  ~JOTHC I"  OTHE'R' 

j " "  

CiEN 

I 

DENY 

X*+ 

X*+ 

X* 4 

x*+ 
x*+ 

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

ISSUES 

A93.01 
A92.17 

INDEX NUMBER 

A67.90 

HEARING  DA'I'E 

CASE NUMBER 

EXHlBLTS SOBMlTTED TO THE BOARD 

1 
2 
3 
4 

ORDER APPOIN I ING  I l l b  BOAlil) 
APPLICATION  I'OR  KbVltW OF  DISCHARGE 
LETTER OF NOTIFICATION 
' BRIEF OF PERSONNEL FILL 

COUNSbl.'S  RELEASE TO THE BOARD 
ADDITIONAL  EXHlBlTS SUBMI I'I'ED AT TIME OF 
PI-.RSONAL APPEARANCE 

TAPE RECORDING O r  PERSONAI. Al'l'tARANCE  HE 

- 

14 Sep 2006 
API'LICAKT'S  ISS1:E AND THE ROARD'S DECISIOVAI.  RATIONAI  ARE DISCIISSED ONTME ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAI.  RATIONALE 

I 

I 

I  FD-2005-00356 

I 

I 

I 

1  Case heard in  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 
1  Names and votes will  be made available to the applicant at the applicant's request. 
*  Reason and Authority 
+ Reenlistment Code 

I 
I 

l 

C . . . - . . - . . - . . - . . - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - p - - - - - - - - r F - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2  

SAFIMRBR 
550 C Sl'WE'r WEST. SUITE 40 
MN  DOLPti AFB, 'I'X  781 50-4742 

INDORSEMENT 

FROM: 

DATE:  WlM006 

SECRETARY OF THE AIR FOHCE PEHSONNEL. COIINCII. 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535COMMAND DH, EE WING,3HD FI.OOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00356 

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

ISSUES: 

Issue 1.  The applicant has expressed a desire for upgrade of his discharge to allow for reenlistment into the 
armed forces.  He also contends he was ill-prepared for the environment which he was exposed to during his 
first assignment at Loring AFB, Maine.  The records indicated the applicant received two Article 15's, a 
Letter of Reprimand, and two Records of Individual Counseling for misconduct.  The applicant was 
administratively disciplined for failure to meet a mandatory appointment, failure to perform assigned duties, 
and operating a privately owned vehicle while under revocation.  He was further disciplined with an Article 
15 for damaging a government window and for being drunk and disorderly.  He received a suspended 
reduction to airman, which was remitted on 30 Oct 9 1, and 14 days of extra duty.  His second Article 15 was 
for failure to go to appointed place of duty.  He was reduced in grade to airman basic, forfeited pay and 
required to perform 14 days of extra duty.  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. 

Issue 2.  Although not explicitly stated, applicant implies that his discharge did not take into account the 
good things he did while in the service. The DRB took note of the applicant's duty performance as 
documented by his performance reports, letters of recommendation and other accomplishments.  They found 
the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. 
The Board concluded the discharge was appropriate for the reasons which were the basis for this case. 

Issue 3.  Applicant contends that he should not be penalized indefinitely for a mistake he made when young. 
The DRB recognized the applicant was 19 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 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 

N R E W S  AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Loring AFB, ME on 13 Dec 91 
UP AFR 39-10, para 5-4723 (Pattern of. Misconduct -  Conduct Prejudicial to Good 
Order and ~iscipline). Appeals for Honorable Discharge, and to Change the RE 
Code, Reason and Authority for Discharge. 

2.  BACKGROUND : 

a. DOB: 22 Feb 72.  Enlmt Age: 18 1/12.  Disch Age: 29 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-60,  E-71,  G-57,  M-83. PAFSC: 45730C - Apprentice Strategic 
Aircraft Maintenance Specialist. DAS: 28 May 91. 

b.  Prior Sv:  (1) AFRes 4 Apr 90 -  22 Nov 90 (7 months 19 days)(~nactive). 

3 .   SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 23 Nov 90 for 4 yrs. Svd: 01 Yrs 00 Mo 21 Das, all AMS. 

b.  Grade Status:  AB -  7 Nov 91 (Article 15, 7 Nov 91). 

Amn -  Unknown. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 7 Nov 91, Loring AFB, ME  -  Article 86.  You did, on or 

about 21 Oct 91, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Reduction to AB, forfeiture of $75.00 pay, and 14 days 
extra duty.  (Appeal/Denied) (No mitigation) 

12 Sep 91, Loring AFB, ME -  Article 108.  You did, on 
or about 31 Aug  91, without proper authority, willfully 
damage a window, military property of the United States, 
the amount of said damage being in the sum of about 
$400.00.  Article 134.  You were, on or about 31 Aug  91, 
drunk and disorderly.  Suspended reduction to Airman 
(Remitted on 30 Oct 91).  Fourteen days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: RIC, 22 OCT 91 -  Failure to meet a mandatory appointment. 

RIC, 07 OCT 91 -  Failure to perform assigned duties. 
42 CSG/CD LTR, 19 SEP 91 -  Revocation of base driving 

privileges for 1 year. Cited by 
local civilian police for administratively 
operating under the influence of alcohol. 

LOR, 06 SEP 91 -  Operate a privately owned vehicle while 

under revocation, violating a lawful order 
by the Support Group Commander. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  D e c s  :  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (08) Mos  (10) Das 
TAMS: (01) Yrs  (00) Mos  (21) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 30 Aug  05. 

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

for Discharge) 

ISSUES ATTACHED TO BREIF. 

ATCH 
1. Applicant's Issues. 
2 .   DD Form 214. 

- 

0 8  SEP  2005 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages 3 and 4 BEFORE completing this application.) 

Form Approved 
OMB No. 0704-0004 
Expires Aug 3 1,2006 

I

'

 

Ths  public rmporting burden for this collection of  information is estimated to averape 30 minutes par responrpe,  including the time for reviawing instructions, searching existing data sources. 
gatharing and malntalnlng tha data needed.  and completing and reviewing the collection of information.  Sand commenta regarding this burden estimate or  m y  other aspect of this colle~tlon 
of  informetlon, bcludng suggaations for  reducing the burden,  to Depanment of Dafense,  Washington Headquarters Sa~ices, Directorate for  Information Operations and Repotts 10704-00041, 
1215 Jefferson  Davis Highway,  Suits  1204. Arlington,  VA  22202-4302.  Raspondenu should b. awam that notwithstanding any other provision of  law,  no person shall be subbct to any 
penalty for  failing to comply with a collection of information if it does not display a currently valid OMB cornml number. 
PLEASE DO NOT RETURN YOUR  FORM TO THE ABOVE ADDRESS.  RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE. 

. . . . - . . - 
PRIVACY ACT STATEMENT 

AUTHORITY:  1 0  U.S.C.  1553; E.O.  9397. 
PRINCIPAL PURPOSE(S):  To apply for a change in the characterization or reason for  military discharge issued to an individual. 
ROUTINE USE(S1:  None. 
DISCLOSURE:  Voluntary; however, failure to provide identifying information may impede processing of this application.  The request for 
Social Security Number /s strictly to assure 
1.  APPLICANT DATA  (The aerson whose discharoe is to be reviewed).  PLEASE PRINT OR  TYPE INFORMATION. 
a.  BRANCH OF SERVJCE (X one) 
b. W E

identification of the individual and apprqpriate records. 

I X  I AIR  FORCE 

1 MARINE  CORPS 

I COAST GUARD 

c.  GRADEIRANK AT DISCHARGE 

I ARMY  I 

1  NAVY 

 1La.w- Fkr .Mi.WleJoirwU.  ., 

.----------------------------- 
4 -- 

d.  SOCIAL S~$.c~~I~~-~JMME? 

A R  

.  - 

  . 

I 

( 

.

.

-2. DATE OF DISCHARGE OR SEPARATION 

4.  DISCHARGE CHARACTERIZATION RECEIVED /Xone) 

(WYYMMDD)  (If date i s  more than  15 years 
ago,  submit a DD Form 149) 
1991112113 

3.  UNIT AND LOCATION AT DISCHARGE 

OR  SEPARATION 

X 
--- 

HONORABLE 
GENERAWUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS - 
BAD CONDUCT (Specla1 court-martial onlyl 
UNCHARACTERIZED 
OTHER /Explain) 

5.  BOARD ACTION REQUESTED /X one) 
X 

CHANGE TO HONORABLE 
CHANGE TO GENERAUUNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHARACTERIZED 
(Not appl~cable for A s  Force) 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

I 

_ I  

42 OMS (SAC) Loring AF]3, ME 
1 6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REOUESTED AND JUSTIFICATION FOR  THE REQUEST (Continue in ltem 14.  See instmctions on  1 
Upgrade is requested for the purpose of reenlistment, justification for the request is the time transpired and AB Schmotzer has a 
more mature and stable environment. 

Page 3.). 

I 

I 

I 

I 

y y  

7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMlmED ON IWYYMMDDI 

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

8.  IN SUPPORT OF THlS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue i n  ltem 17. 

If milit8ry documents or medical records ate relevant to your case,  please send cppiesl 

9.  TYPE OF REVIEW REQUESTED IX onel 

CONDUCT A  RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMllTED BY ME.  I AND/OR (counsel/representativel WILL NOT APPEAR BEFORE THE BOARD. 
I AND/OR  (counsel/reptesentativd  WlSH TO APPEAR AT A  HEARING AT  NO EXPENSE TO THE GOVERNMENT BEFORE THE EOARD IN THE 
WASHINGTON.  D.C.  METROPOLITAN AREA. 
.. 

. . - ~ . .  . 

x  I AND/OR  ~counsel/reprcsentative) WlSH TO APPEAR  AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
10.a.  COUNSELIREPRESENTATIVE /If any) NAME (Last,  First,  Middle Initial) AND ADDRESS 

(NOTE:  The Navy Discharge Review Board does not have a traveling panel.) 

(enter city and stare)  C01lege Station 

b.  TELEPHONE NUMBER /Include Area Code) 

Houston Texas 

(See ltem 10 of the instructions about counsel/representative.l 

I 

c.  E-MAIL 

d.  FAX NUMBER /lnc/ude Area Codel 
I 

11. 'APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the record in question is that of a deceased or incompetent person,  LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application Is slgned by other than the applicant,  indicate 
the name (print) 
SPOUSE 

and relationship by marking a box below. 
LEGAL REPRESENTATIVE ( OTHER (specify) 

NEXT OF  KIN 

WIDOWER 

WIDOW 

(Forward notification o f  any change in address.) 

12.a.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 
-------------------------------------. 
I 

YLY-I 

13.  CERTIFICATION. 

I make the foregoing statements, as part of  my claim,  with full knowledge of the 
penalties involved for willfully making a false statement or claim.  (U.S. Code,  T~tle 18, Sections 287 
and  1001, provide that an individual shall be fhed under this ritle or imprisoned not more'than 5 years, 
or both.) 

' a.  SIGNATURE - REQUIRED (Appl~cant or person m Item 11 above) 

b.  DATE SIGNED - REQUIRED 

(YYYYMMDD) 

2005108130 

CASE NUMBER 

(Do not  write in this space.) 
Fb -5- 
mS6 

b.  TELEPHONE NU,WE.Fi  U u ~ # s A m - C q d e l  

c,  E-MAIe ........................... 

L..-....-..-..-..-I 

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

d.  FAX NUMBER (Include Area Code) 
I 

w 

DD FORM 293, AUG 2003 

PREVIOUS EDITIONS ARE OBSOLETE. 

Page 1 of 4 Pages 

14. CONTINUATION OF ITEM 6. ISSUES (If applicable) 
I  ask that the board please consider that at the time of my enlistment I was only 18 years old. Given my assignment at Loring AFB, 
ME I was placed in an enviroment that I was ill prepaired for. The country was involved in a conflict with Iraq and my base was 
constantly on alert. I don't know if it is general practice, but on our base minors were allowed to consume alcohol on base due to the 
relative distance to Canada, where the minimum drinking age was 16. At the time this was a huge challenge for a recient high 
school graduate now ordered to deal with stresses that are perplexing to most 25-30 year olds. I only make this request because of 
my since of honor and love for this country. I feel like I let down my fellow airmen and my aircraft tail #0059. While I have time 
left to give I wish to reenlist and re-fufill my obligation to this country and the Air Force. I ask to please let these words persuade 
the board to grant the change in status so that I may become the asset that I should have been. 

16. REMARKS  (If applicable) 
I  ask the board to please understand the situation that I was in and acknowledge that it was many years ago. Since then I have 
matured and become a man that could be a valuable Air Force asset. My only guess is that had I not been involved in a few 
undesirable situations that I would given my passion for the aircraft and the Air Force that I would be a successful NCO. 
My only regret is that my commanding officers did not see my potential and make arrangements additional training so that I would 
not be appealing to this board today. If you are able to find my training records you will notice that for my short time in the Air 
Force I excelled rapidly as a Crew Chief (45730C) APR STRAT MAINT SPECL (KC-135). 

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://arba.army.pentagon.mil) 

AIR  FORCE 

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

I 

DD FORM 293, AUG 2003 

I 

NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street,  S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-5023 

-- 

COASTGUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
2100 Second Street,  S.W. Room 5500 
Washington,  DC  20593 

I 
Page 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 
HEADQUARl'ERS  42D BOMBARDMENT WING ISACI 

LORING AIR  FORCE BASE.  MAINE OA751.SO00 

n u u ~ e n  Letter of  Notification 

02  December  1991 

ro: 

42 OMS  (SAC) 

. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

AB  r ...................................................... 
1.  I am recommending your  distcha~~e from  the United States Air Force for 
A Pattern of  Misconduct, Conduct Prejudicial to Good Order  and Discipline. 
The authority  for this action is AFR 39-10, paragraph  5-47b.  If  my 
recommendation is approved,  your service will be characterized as  honorable or 
general.  I am recommending that your ~ e ~ v i c e  be characterized as  general. 

2.  My reason for this action is evidenced by  the following: 

a,  On or about 29 July 91, you violated a lawful order.  You operated 

your privately owned vehicle while under revocation, a violation  of  Article 92 
o f   the UCMJ. For this you received a Letter of  Reprimand. dated  06 Sep 91 
(Attachment 1) . 

b.  On or about 31 AuE  91.  you did without proper authority, willfully 

damage  a window which was the ~ r o ~ e r t v  of  the United States aovernment, the 
amount of said damage being  in the sum of about  $400.00.  Also on or about 31 
AuR  91. y o u   were  drunk and disorderly.  For theae offenses you r e c e i v e d   an 
Article  15, dated  17 Sep 91.  You received  14 day8 extra duty.  (Attachment 2 ) .  

c .   On or about 09 Jun 91, you were  cited by  the Limestone Police 

Department for Administratively Operating Under the Influence of alcohol.  For 
this your driving privileges were revoked on or about  19 Seo  Dl  (Attachment 
3 ) .  

d.  On or about 07 Oct 9 1 ,  you failed to perform Your assigned duties as 
bay o r d e r l y   and C.Q..  Further, your duty performance was also noted by Ms~t 
Scott as  beinf substandard.  For this you received  a Letter of Counseling, 
dated 07 Oct 91  (Attachment 4 ) .  

e .   On or about 21 Oct 91, you failed to attend a Social Actiong Track-2 
briefing and a Track-3 sre-briefing.  When c o n t a c t e d   about this incident your 
response was  that you were unawape of the scheduled a~pointments. althou~h you 
had signed the appointment acknowledfment slip and had  it on your person.  For 
this you received an Article  15, dated 22 Nov  91.  You received  a reduction  to 
the Rrade of Airman  Basic, forfeiture of  675.00 pay  and  14 days extra duty 
(Attachment 5 ) .  

Copies of  the documents to be forwarded to the separation authority in support 
of  this re~ommendation 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 discharRed, you will be  ineligible for 
reenlistment  in  the Air POFCI. 

3 .   You  have  the  riRht  to consult counsel.  Military  legal counsel hag  been 
I have made an appointment  for you  to c o n s u l t   with 
obtained  to assist you. 
:,  the Area  Defense Counsel, located  in BldR  6000, e x t .   2541, on 
Capt I ---------- 
02 Dec  1991 at, 1400  houre.  You may  consult civilian counsel at your own 

----------. 

- expense. 

4.  You have  the right to submit statements  in your own  behalf.  Any  statements 
05 Dec 
you want the separation authority to consider must reach me bv 
1991 unless vou  reauest and receive an extension  for  good cause shown. 
send them to the separation authority. 

I will 

5 .   If you fail to consult counsel or to submit statements  in your own behalf, 
your failure will constitute a  waive^  of  your right to do s o .  

6.  You have  been  acbeduled  for a medical  examination.  You must report to the 
Physical Exam Unit.  42d  Medical  Group, Loring AFB ME, at  0700  hours on 
- 03 Dec  1991  for the examination. 

7 ,   Any  personal information you furnish in rebuttal i s   covered by  the Privacy 
Act  Statement as  explained  in AFR 39-10, attachment 6. A  COPY of AFR 39-10 i s  
available for your use  at your ordorlv room. 

8.  Execute  the attached acknowledgment and return i t  to me  immediately. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

L . . - . . . . - . . . . - . . - . - - - - - - - - - - - - - - - - - - - - - - - - - - - !  

Section Commander, 42 OMS 

5  Atchs 
1.  LOR -  06 Sep 91 
2.  AF FM 3070 -  17  Sep  91 
3.  Revocation Ltr -  19 S ~ D  91 
4.  LOC -  07 Oct 91 
5 .   AF FM 3070 w/atchs  -  22 Nov  9 1  
2.  Airman's  R e c e i ~ t  of Letter of 

Notification