AIR FORCE DISCHARGE REVIEW BOARD IIEAlRTNG RECORD 

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I  NAME OF SFUWCR MEMBER (LAST, FLKST MlDDLENTlAL) 
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PERSONAL APPEARANCE 

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RECORDREVIEW 

AB 
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NAME OF COIINSEL AND OR OHGANILA I  ION 

ADDRESS  ANDORORGANIZATION OF COUNSltl 

ISSUES 

A92.21 
A93.01 
A92.01 
A92.03 
A94.05 

IIEARINC. DATE 

CASE NUMBER 

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EXHIBITS SUBMlTIED TO THE WARD 

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2  1  APPLICATION FOR mVICW OF DISCIIAR(jE 

LETTER OF NOTIFICATION 

AI)l)I'I'IONAI,  EXHIBITS SIJBMITTED AT TIME OF 
PERSONAL APPEARANCE 

'I'AI'E  ItECOItDING  OF PERSONAL APPEARANCE HE 

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APPl  ICANT'S ISSUE AND  WE BOARD'S DECISIONAL  RATIONAL ARE  DISC1'SSED  ON THE ATTACHED AIR  FORCE DISCHARGE  REVIEW AQARB DECIBIWAI. RATIOKALE 

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1  Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the riglit to a persoiial 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. 

X - Upgrade, Reason and Authority, and RE Code 

A 

SAPIMKUR 
550 C S T m E T  WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE UISC'HAHGE HKVIKW HOAHU 
1535COMMANU UH, EE WINC, 3HU F L W H  
ANDREWS  AFB. MD 20702-7002 

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AF'HQ  FORM 0-2077, JAN 00 

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(EF-V2) 

Prevrous edition will bc uscd 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00358 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable  and  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  and  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 received  a  General  discharge for Pattern of Misconduct--Conduct Prejudicial to  Good 
Order and Discipline 

In  Issues  1 and 8:  Applicant contends his  conduct and efficiency ratingslbehavior and proficiency ratings 
were mostly good that he received a rating of "3"  and was  considered for promotion, on his third EPR he 
received a rating of "2"  because of two  isolated minor offenses which resulted  in an Article  15.  Records 
indicate that during his last rating period the applicant received three Letters of Reprimand for being late for 
duty (three times), disobeying an order to refrain from smoking in his dorm room (applicant was counseled 
three other times on the same infraction) and failure to go to appointed scheduled appointment with his first 
sergeant because he overslept.  The culmination of the misconduct was the Article  15 he received for again 
disobeying an order not  to  smoke in his  dorm  room.  The records also  indicate that  applicant received a 
second  Article  15 for  an  incident  during  the  same  reporting  period  for  disobeying  an  order  not  to  have 
children living in his dorm room.  The Board concluded that the misconduct was a significant departure from 
conduct expected of all military members and that the characterization of the discharge was appropriate. 

In  Issues 2 through  6 applicant  states that  he:  1) completed all career development courses with average 
scores, acquired specialty or  skill  level  for  his AFSC,  and  completed various  other training  events  which 
were beneficial in his performance of duties; 2) he deployed to support OPERATION SHJNING HOPE; 3) 
he  was  an active  support of  base  and local  events; and 4) received  several awards and  decorations.  The 
Board  took  note  of  the  accomplishments  of  the  applicant  as  documented  in  the  record  and  evidence 
provided,  but  found  the  seriousness  of  the  willful  misconduct  offset  any  positive  aspects  of  these 
accomplishments.  The Board concluded the discharge was appropriate for the reasons which were the basis 
for this case. 

In Issues 7 and  10 through  12 applicant contends that:  I) he completed a full four-year term of service and 
that his characterization should have been honorable; 2) basis for his discharge was unjust and inaccurate of 
his military service and conduct; and 3) he was not presented with the opportunity to particjpatc in probation 
and rehabilitation.  The records indicate that in addition to the already mentioned misconduct the applicant 
received  eight  Letters  of  Reprimand  (LOR),  a  Letter  of  Admonition  (LOA),  three  Letters of  Counseling 
(LOC)  and  three  Records  of  Individual Counseling  (RIC)  for  misconduct  to  include  late  for  duty  (five 
times), dereliction of duty (three times), two failure to obey a lawful order, and four incidents of failure to 
maintain  standards  for  performance  of  duty,  and  a  failure  to  go.  The  Board  found  that  through  these 
administrative actions-3-RICs, 
applicant had  ample 

3 -LOCs,  1 -LOA,  12-LORs, and two Article 15s-the 

opportunities  to  change  his  negative  behavior.  The  Board  concluded  that  the  characterization  of  the 
discharge appropriately characterized the applicant's  term of service. 

In  Issue  9 applicant  contends he  was  young  and  immature-through 
his  enlistment  he  was  learning  new 
things sometimes the hard way.  The Board considered the applicant's  contention but opined that there are 
many other airmen who are young and immature yet manage to avoid serious misconduct throughout their 
term of service thereby earning an honorable discharge.  The Board found this an unpersuasive basis for re- 
characterization of the discharge; the record reflects that the applicant was given numerous opportunities to 
improve.  The characterization of the discharge was found to be appropriate. 

In Issue 13 applicant states he has been a good citizen since his discharge.  The Board was pleased to see that 
the applicant was doing well and had a good job.  However, no inequity or impropriety in the discharge was 
suggested or  found  in the  course  of the records review.  The Board concluded that the misconduct  of the 
applicant was appropriately characterized. 

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 AB)  (HGH A1C) 

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1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr Lackland AFB, TX on 5 Sep 02 
UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline).  Appeals for Honorable Discharge, and to Change the RE 
Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 9 Feb 80.  Enlmt Age:  18 4/12.  Disch Age:  22 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-85,  E-66,  G-64,  M-28.  PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 9 Dec 98. 

b.  Prior Sv:  (1) AFRes 26 Sun 98 -  5 Aug  98  (1 month 1 0   days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 6 Aug 98 for 4 yrs. Svd: 04 Yrs 01 Mo 00 Das, all AMS. 

b.  Grade Status:  AB -  24 Jul 02  (Article 15, 24 Jul 02) 

Amn -  10 Dec 01  (Article 15, 10 Dec 01) 
A1C -  6 Dec 99 
Amn -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 24 Jul 02, Lackland AFB, TX -  Article 92.  You, having 

knowledge of a lawful order issued by Major 1 -------------: 
..-..-. 
:.-..--:, to wit: "Do not have children living in your dorm 
room," or words to that effect, an order which it was 
your duty to obey, did, on or about 2 Mar 02, fail to 
obey the same by wrongfully having a small child live in 
your dorm room.  Reduction to AB, and forfeiture of 
$200.00 pay.  (No appeal)  (No mitigation) 

(2) 10 Dec 01, Lackland AFB, TX -  Article 92.  You, who knew 

of your duties, on or about 15 Oct 01, were derelict in 
the performance of those duties in that you willfully 
failed to not smoke in your dorm room, as it was your 
duty to do.  Reduction to Airman, and forfeiture of 
$100.00 pay per month for 2 months. (No appeal)  (No 
mitigation) 

e.  Additional: LOR/UIF, 18 SEP 01 -  Failure to obey a lawful order and 

CR, 18 SEP 01 -  Failure to show improvement in current 

failure to go. 

behavior. 

LOR, 03 SEP 01 -  Failure to go. 
LOR, 14 AUG 01 -  Late for duty two times in two days. 
LOR/UIF, 10 MAR 01 -  Sleeping on post. 
LOC, 10 MAR 01 -  Dereliction of duty. 
LOR, 19 DEC 00 -  Late for duty. 
LOR, 22 NOV 00 -  Late for duty. 
LOR, 22 NOV 00 -  Knowing and willfully wrote an 

unauthorized entry in the pass on book. 

LOR, 17 NOV 00 -  Late for duty. 
LOR, 01 NOV 00 -  Late for duty. 
LOR, 25 OCT 00 -  Failure to go. 
LOR, 29 JUL 00 -  Dereliction of duty. 
LOCI 06 JUL 00 -  Failure to wear the required traffic 

safety vest while performing installation 
Entry Controller Duty. 

LOC, 23 JLTN  00 -  Late for duty. 
LOA, 09 JAN 00 -  Failure to obey a lawful order. 
RIC, 25 AUG  99 -  Failure to maintain standards. 
RIC, 11 APR 99 -  Failure to obey a lawful order. 
RIC, 24 MAR 99 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: 6 Aug  98 -  5 Apr 00  Lackland AFB  3  (Initial) 
6 Apr 00 -  5 Apr  01  Lackland AFB  3  (Annual) 
6 Apr 01 -  5 Apr  02  Lackland AFB  2  (Annua1)REF 

h.  Awards  &  Decs:  AFTR, HSM, NDSM, KCM, AFLSAR, NATO MEDAL, AFOUA. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (02) Mos  (10) Das 
TAMS:  (04) Yrs  (01) Mos  (00) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Sep 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. DD Form 214. 
3. Three Enlisted Performance Reports. 
4. Training Certificate. 
5. Special Orders. 
6. Four Letters of Appreciation. 
7. Excerpts of AFI 36-3208, 28 May 03. 
8. Appeal to AF Form 418. 
9. Written Presentation to Article  15, 23 Jul 02. 
10. Recommendation for Discharge, 9 Aug 02. 
11. Jury Duty Certification. 
12. Two Training Certificates. 

0 8  SEP  2005 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

IWease read instructions on Pager  3 and 4 BEFORE completing this 8ppllcation.l 

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Form Approved 
OMB NO. 07O4-ooO4 
Expires  Aug 31,2006 

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Thm  public reporthg b w d n  for h i s  c o t k t b n  of  information is asdm4tmd to  ovw.01  30 miwtmz p r  nrponu,  Inckdhg th Urn*  for  rwbwing h s V u c t h ,  wvching u W n g  dN4 mrcmr. 
aalh.rha  md  maintmhlnp tha  data m Q d .  md  complmting 4nd t r v l w k q  tha collutbn of  Information.  Smnd commnm rqrding this burdn ntimrm or  m y  otkrr  upA of &h eolbctian 
of Lnfomution, hcbding mmmtioru lor nduclno th. burdm, to h p r t m n t  ot h h w .  Wahlngtan H*adqurt.n  S r v k r r ,  Dtrmmm for  Infwm.tian  Opunionr ud Ropom I0704JX04). 
1215 JD- 
pof~alry for failkg to comply with 4 c o k t b n  of hformmtbn if It &.r not d*plm)c a cuwrntly valld OMll control numbn. 
PLE4SE DO NOT REfllRN YOUR  FORM TO THE ABOVE ADDRESS.  RETURN COMPLETED FORM TO W E  APPROPRWTE ADDRESS ON BACK OF 'THIS PAQE. 

Dwia H.*wmy.  B u i  1200, Arlington,  VA  222024302.  Rospndmnt.  s M d  b. m a n  th*  notwkhnndin(  m y  othr provnion of Irw.  no p a w n  shal br rubjmct to  any 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553; E.O.  9397. 
PRINCIPAL PURWSE(S):  To apply for a change in the characterization or reason for  military dischargs issued to an individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary: however, failure to provide identifying information may impede procasaing of this application.  The request for 
Social Security Number is strictly to assure proper identification of the individual and appropriate records. 
1.  APPLICANT DATA  /The purson  whose discharge is to ba reviewed).  PLEASE PRINT OR TYPE INFORMATION. 
a.  BRANCH OF SERVICE /X one1 
b.  NAME I l ~ s t ,  Flrsr. Middle Initial1 

1 c.  QRADEIRANK AT DISCHARQE 

I  d.  SOCIAL SE$lJERl !fl?fiq 

MARINE CORPS 

COAST GUARD 

NAW 

ARMY 

-b 

6.  BOARD ACTION REQUESTED /X onel 
x I CHMGE  TO HONORABLE 

(YYYYMMDD) Itf date is more than  15 yaws 
ago,  submit a OD Form  1491 
20020905 

X 

OR  SEPARATION 

3.  UNIT AND LOCATION AT DISCHAROE 

QENERAUUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT /Special cwrt-msrfl~l only1 
UNCHARACTERIZED 
OTHER /Explain1 

CHANQE TO GENERALIUNDER 
HONORABLE CONDITIONS 
CHANaE TO UNCHARACfERlZED 
/Not epplkrble for Air Force1 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 
Convience of the Government 
ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR f  QUEST /Continua in Item  14.  Sea lnstmrions on 
Page 3.1 

37th Security Forces (AETC) 
Lackland Am. TX 
6. 
Issue 1.  My conduct and efficncy ratings1 behavior and profficiency ratings were mostly good. Refer to attached documents 2-4, 
Enlisted Performance Reports (EPRs). The EPRs reflect that I have received a rating of a "3" and was considered for promotion. Ye 
for the third EPR, I received a rating of "2" and was not recommended for promotion due to two isolated minor offenses which 
resulted in Article 15s.  (continuation under Item 14) 

7. IX if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON IYWYMMDDI 

AND THlS FORM IS SUBMlTlED TO ADD ADDITIONAL ISSUES, JUSTIFICATION,  OR  MDENCE. 

8.  IN SUPPORT OF THIS APPLICATION. THE FOUOWlNG ATTACHgb DOCUMENTS ARE  SUBMITIED AS EVlbENCE:  IContinm in Elem  17. 

If milit~w documnts or M k d  records u e  relevant to your cam,  ease send co  &.I 

(1) DD F m  214, Certification of Release or Discharge & Active k t y ;  (2) AF Fom 910, Enlisted Perfomrncc Reports( 6 Aug 
1998-5 Apr 2000); (3) AF Form 910, Enlisted Performance Reports( 6 Apt 2000-5 Apr 2001); (4) AF Form 910, Enlisted 
Performance Reports( 6 Apr 2001-5 Apr 2002); (5) HazMat Awraeness Certificate; (6) AF Fom 552, USAF Ground Weapons 
Training Data(4 pages); (7) SPECIAL ORDER TE-0173: Special Mission Travel;  (continuation under Item  15) 
9.  TYPE OF REVIEW REQUESTED IX one) 

/See Item  10 of the instructions 

11.  APPLICANT MUST SIGN IN ITEM 13.0. BELOW.  If the record In queatbn b that of a deceamd or incompetent permon,  LEOAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application Is rigned by other than the applicant,  indicate 
the n n m  /pnnrl 
SWUSE 

and reladon*hlp by marking a box b l o w .  
LEOAL REPRESENTATIVE 

NEXT OF KIN 

WlDOWER 

WIDOW 

12.11.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 

/Forward noti/icatm? of any  change in address.1 

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13.  CERTIFICATION.  I mako the foregoing  ahtomanta,  an part o i  my claim,  with iuU knowledqe of the 
ponaltiom involved for willfully  maklng a f a b  statement or claim, 1U.S. Code,  Title 18, Ssctmns 287 
and  1001, provide that an individual shall be  fined under this title or imprisoned not more than 5 years, 
or both.) 

m.  S1GNAVO.E = ~ R E R 1 A n n l i c a t t t o c  ~ . = c ~ ; u J r u t r . L L  ahye1 

b.  DATE SIGNED - REQUIRED 

IYYYYMMDDI 

L ,-.-., , ..-..-. , ..-------IIIIIIIIIIIIII J 

20oso90 1 

DD FORM 293, AUG 2003 

PREVIOUS EDITIONS ARE  OBSOLETE. 

b.  TELEPHONE NU~BEBJhf&4cea  a d e l  - -------------------------. 

d.  FAX NUMBER Ilnclude Ares Code) 

CASE NUMBER 

100 not  write in this space.) 

F~zrnS- 
003sg 

Psga  1 of  4 Page 

14. CONTINUATION OF ITEM 6.  ISSUES (If applicable1 
Issue 2.  I have completed all Career Development Courses with above avenge scores and acquired the speciality or skill level of 
3PO5 1-Security Forces Journeyman. Also I have completed various other training which were beneficial in the p~tfonnnace of 
duties. Refer to attached document 1, blocks 11 and 14; and attached document 5. 
Issue 3.  Ground Weapons Training is essential element in petformance of an airmen's duties. While attending Ground Weapons 
Training, I qualified in all but one occurrence showing discipline and the ability to learn and to adapt such instruction into my 
performance. Refer to attached document 6 (4 pages). 
Issue 4.  In  1999, I have served overseas in support of OPERATION SHINING HOPE. Providing protection and security to Rinas 
Airfield, Tirana, Albania where UN supplics for humanitarian relief were flown in for refugees. Refer to attached document 2, 
block VI; and attached document 7. 
Issue 5.  There were other acts of merit which reflect my active support for base and local functions by volunteering extensive off- 
duty time. Refer to attached documents 2-4  and 8- 1 1. 
Issue 6.  I have received several awards and decorations. Refer to attached document 1, block  13.  (continued on separate paper) 

16. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If applicable) 
(8)  Letter from Fisher House, Inc. dated Apr 5,2001; (9) Letter of Appreciation from 37th Support Group Commander dated 24 
Aug 2001; (10) Letter of Appreciation from 37th Security Forces Squadron Commander dated 20 Nov 2001 ; (1 1) Letter from 

AIR FORCE INSTRUCTION 36-3208 (7  pages consisting of  1,21,29,35,37,91,  and  158); 
; (14) Memorandum from me to ~ 0 1 . i  1: - 1 - 57th SPTGICC dated 23 June 200 1 ; 

(15) Memorandum from me to 37th SFSICC dated 23 July 2002; (16) Memorandum for 37th TRWICC from 37th SFSICC  dated 
15 Aug 2002; (17) Jury Duty Certification dated 10/14/02; (1 8) Texas Department of Criminal Justice Correctional Training 
Department Certificate dated 22 October 2004; (19) Texas Department of Criminal Justice Correctional Training Department 
Certificate dated 6 December 2004. 

16. REMARKS Ilf applicable) 
I am hereby requesting a review be accomplished regarding my discharge from the United States Air Force. Upon completion of 
this review, I request change of the Discharge Characterization that I have received of "Under Honorable Conditions (General)" to 
"Honorable." Likewise, request change of the Narative Reason for Separation from "Misconduct" to "Convience of the 
Government!'  Also, last but not least, request change of  Re-Entry Code to that that which would enable me to re-enlist into this 
United States Armed Forces. 
The basis of the characterization of "Under Honorable Conditions (General)" is "when significant negative aspects of the airman's 
conduct or performance of duty ouhviegh the the positive aspects of the airman's military record" (AFI 36-3208,  1.1 8.2; refer to 
attached document 12 page 21). As you can see within my military records all that has been maintained only reflect such negative 
aspects, and for whatever reason all records which reflect the positive aspects have been disgarded. 
So at this time, I would like for you to accomplish this review of my records and the documents which I have provided to find such 
positive aspectsof my military career that would prove such characterization be unjust, and that "the quality of the airman's (mine) 
service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is 
otherwise meritorious that any other characterization would be inappropriate" (AFI 36-3208, 1.18.1; refer to attached document 12 
page 21). 
Through this review I hope that you can find substantial reason to make these changes as I have requested. 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army  Review Boards Agency 
Support Division. St. Louis 
9700 Page Avenue 
St. Louis. MO  63132-6200 
(See http://arba.arrny.pentagon.rnil) 

AIR  FORCE 

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

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. Coaat Guard 
Commandant (C-WPM1 
2100 Second Street,  S.W. Room 5500 
Washington,  DC  20593 

I 

DD FORM 293, AUG  2003 

Page 2 of  4 Paws 

Continuation of DD Form 293 for : ........................................ 
Continuation of Item 6, Issues 

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

page 1 of 2 

Issue 7.  I have completed a full four year term of service (refer to attached document 1, 
block 18). According to AFI 36-3208,2.2, the type of separation or characterization 
which I have received should have been none other than "Honorable."  Refer to attached 
document 12, page 29, table1 . 1 , and page 35. 
Issue 8.  My discharge was based on several infractions, yet they were only minor. My 
record of Article 15s indicated only isolated minor offenses such as smoking cigarettes in 
my dorm room and then having children in my dorm room. These offenses only have a 
reflection of my personal life and time, and had no connection with my conduct or 
performance as an airman. For such offenses an Article 15 and the punishment I have 
received was harsh and excessive. For the last offmse, a court-martial was pursued and 
was denied. Being so, it is obvious that these offenses did not warrant such punishment. 
Issue 9.  When I enlisted, I was only 18 and straight out of high school. I was young and 
immature. Being given such liberty out h m  under my parent's wing was difficult to 
adapt to and not take advantage of. As I continued through my enlistment, I was learning 
new things, unfortunately sometimes the hard way. 
Issue 10.  At the beginning of my enlistment I was not very knowledgeable of the 
punishment process and was unaware of the purpose and effect of a rebuttal. Therefore, 
several of letters of counseling, letters of reprimand, etc. went unanswered. So at this 
time I'd  like to address a few of such documents by presenting some of the statements or 
rebuttals which may have been left out of my military records. Refer to attached 
documents 1 6- 1 8. 
Issue 1 1.  The basis for my discharge is AFI 36-3208,5.50.2,  A Pattern of Misconduct, 
Specifically Conduct Prejudicial to Good Order and Discipline. Refer to attached 
document 12, page 91. By discharging me according to this regulation is unjust and 
inaccurate of my military service and conduct. My conduct never "disrupted order, 
discipline, or morale within the military community."  I have never dissented, disrupted, 
or degraded the mission's effectiveness. It is clear that I supported it by my awards and 
decorations and training which I have completed. Neither did my conduct bring discredit 
to the Air Force in view of the civilian community. I gave up my personal time and self 
for the civilian community and therefore presented myself as a model airman. 
Issue 12.  I was not presented with the opportunity to participate in the Air Force 
Program of Probation & Rehabilitation (P&R). P&R was not recommended by my 
commander. Refer to attached document 16, paragraph 3 of page 2. The reason given was 
that I had every opportunity for rehabilitation and that I thwarted every effort. This is not 
exactly true. After I had received the last Article 15, my actions have changed. Yes, it did 
take several hard lessons teach me that I can't do everything my way as long as I am 
senring in the military. As it is obvious, I did not reach any negative documentation there 
after. At the least, the last six months of my term of service was spotless. Therefore I do 
believe that P&R would have been beneficial and could have made a difference if I were 
given the opportunity, which could have led to the consideration to allow me to remain in 
the Air Force. 

Continuation of DD Form 293 for i 
Continuation of Item 6, Issues 

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

: . . - . . - . . . . - . . - . . - . - - - - - - - - - - - - - - - - - - - - - I  

page 2 of 2 
-  - 

Issue 12 cont.  This reason given for non-recommendation is not in accordance of AFI 
36-3208,7.2. Refer to attached document 12, page 128. Therein, is listed reasons for non- 
recommendation. Not one is applicable to my service. Therefore I should have been 
granted the opportunity of rehabilitation and re-enlistment. 
Issue 13.  I have been a good citizen since my discharge. I have served on jury duty. 
Refer to attached document 17.  I maintained employment for two years at a 
telemarketing company. Then I was employed by the Texas Department of Criminal 
Justice (TDCJ) as a correctional officer. This required that I complete their six week 
extensive training academy, which I completed. Refer to attached document 18. Also was 
required to complete On-the-Job Training, which I have completed. Refer to attached 
document 19. I have been employed by TDCJ for a year now. By completing this training 
and holding such a position within such an organization, it is clear that I do have the 
discipline, professionalism, and dedication that is required to serve within the United 
States Air Force. 

FROM:  37 SFS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct, specifically, Conduct Prejudicial to Good Order and Discipline.  The basis for my 
recommendation is AFPD 36-32 and AFT 36-3208, paragraph 5.50.2.  If my recommendation is 
approved, your service will be characterized as Honorable, Under Honorable Conditions 
(General) or Under Other Than Honorable Conditions (TJOTHC),  I am recommending that your 
service be characterized as General. 

2.  My reasons for this action are: 

a.  On 24 Mar 99, you were derelict in the performance of your duties in that during an 
exercise, you failed to get out of the car while another patrolman was being challenged by a 
perpetrator.  As a result, you received an AF Form 174, Record of Individual Counseling, dated 
24 Mar 99. 

b.  On9and 10Apr99,youfailedtoobeyanordcrissedbyTSgt~ 

and mop the floor, take out the trash and a pile of newspapers at the Valley Hi VRC prior to 
leaving your post.  As a result, you received a Letter of Counseling, dated 11 Apr 99. 

I - - - - - - - - - - - - - - - - - - -  

: to sweep 

c,  On 24 Aug 99, you were late to a briehg and had a breech of integrity,  As a result, you 

received an AF Form 174, Record of Individual Counseling, dated 25 Aug 99, 

d.  On 9 Jan 00, you were instructed to remove items from your post and failed to do so. As a 

result, you received a Letter of Admonishment, dated 9 Jan 00. 

e.  On 22 Jun 00, you failed to show up on time to guardmount.  As a result, you received a 

Letter of Counseling, dated 23 Jun 00. 

f.  On 6 Jul00, you failed to wear the required traffic safety vest while performing your 

duties.  As a result, you received a Letter of Counseling, dated 6 Jul00. 

g.  On 28 Jul00, you failed in your duties to properly control the entry to a certain vehicle 

onto the installation.  As a result, you received a Letter of Reprimand, on 29 Jul00. 

h.  On 19 Oct 00, you missed a mandatory formation. As a result, you received a Letter of 

Reprimand, dated 25 Oct 00. 

i.  On 21 Oct 00, you knowingly and willfully wrote an unauthorized entry in the pass on 

book , As a result, you received a Letter of Reprimand, dated 22 Nov 00. 

j.  On  1 Nov 00, you reported late for guardmount.  As a result, you received a Letter of 

Reprimand, dated 1 Nov 00. 

k.  On 17 Nov 00, you reported late for guardmount.  As a result, you received a Letter of 

Reprimand, dated. 17 Nov 00. 

1.  On 22 Nov 00, you reported late for guardmount.  As a result, you received a Letter of 

Reprimand, dated 22 Nov 00. 

m. On 18 Dec 00, you reported late for guardmount.  As a result, you received a Letter of 

Reprimand, dated 19 Dec 00. 

n.  On 7 Mar 01, you failed to check privately owned vehicles at the law enforcement desk, as 

you were ordered to do.  As  a result, you received a Letter of Counseling, dated 10 Mar 01. 

I 

o.  On 9 Mar 01, you were observed asleep while on post,  As a result, you received a Letter 
of Reprimand, dated 10 Mar 01 and an Unfavorable Information File (UIF) was established on 
26 Mar 01, 

p.  On 14 Aug 01, you reported late for guardmount.  As a result, you received a Letter of 

Reprimand, dated 14 Aug 0 1. 

q.  On 2 Sep 01, you reported late for guardmount.  As a result, you received a Letter of 

Reprimand, dated 3 Sep 0 1. 

r.  On 10 Sep 01, you were found smoking inside your dormitory and failed to report to the 
First Segeant's office on the same day.  As a result, you received a Letter of Reprimand, dated 
18 Sep 01.  This Letter of Reprimand was placed in your existing UIF. 

s.  On 15 Oct 01, you failed to obey a lawful instruction, not to smoke in your dorm room. 

As a result, you received an Article 15, dated 10 Dec 01.  Your punishment was reduction to the 
grade of E-1, with new date of rank of 10 Dec 01 and forfeiture of $100.00 pay per month for 2 
months. 

t.  On 2 Mar 02, you failed to obey a lawfbl order, not to have children living in your dorm 
room.  As a result, you received an Article 15, dated 24 Jul02. Your punishment was reduction 
to the grade of E-2, with new date of rank of 24 Jul02 and forfeiture of $200,00 pay. 

3.  Copies of the documents to be forward to the separation authority in support of this 
recommendation arc attached.  The Commander exercising SPCM jurisdicbon or a higher 
authority will decide whether you will be discharged or retained in the Air Force, if you are 
discharged, and how your service will be characterized.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force. 

4.  You have the right to counsel.  Military Legal Counsel has been obtained for you.  I have 
made an appointment for you to consult Area Defense Counsel, at Building 1000, on 12 Aug 02 
at 0900 hours.  You may consult civilian counsel at your own expense,  If employed, civilian 
counsel must be readily available. 

5.  You have the right to submit statements in your own 
separation authority to consider must reach me by (allow 3 
unless you request and receive an extension for good cause 
separation authority. 

6.  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. 

7,  You have been scheduled for a medical examination. You must report to Willford Hall 
Medicine Clinic, building 4550, suite 1 with your medical, immunization, and dental records for 
the initial examination of your records. 

8.  You have been scheduled for a Transition Assistance Program (TAP) 
report to the Family Support Center, Bldg 1249  1561 Stewart Street, on 
\4 00 
9.  Any personal information you f i d s h  in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use at the Commander's Support Staff. 

hours for an appointment with  k D w d  

1..-..-..-..-..-.-.----------------------------: 

Commander 

Attachments: 
1. Record of Individual Counseling dated 24 Mar 99 
2.  Record of Individual Counseling, dated 1 1 Apr 99 
3.  Record of Individual Counseling, dated 25 Aug 99 
4.  Letter of Admonishment, dated 9 Jan 00 
5.  Letter of Counseling, dated 23 Jun 00 
6.  Letter of Counseling, dated 6 Ju100 
7.  Letter of Reprimand, acknowledged on 29 Jul00 
8.  Letter of Reprimand, dated 22 Nov 00 
9.  Lette of Reprimand, dated 25 Oct 00 
10. Letter of Reprimand, dated 1 Nov 00 
1 1. Letter of Reprimand, dated 17 Nov 00 
12. Letter of Reprimand, dated 22 Nov 00 
13. Letter of Reprimand, dated 19 Dec 00 
14. Lette of Counseling, dated 10 Mar 01 
15.  Letter of Reprimand, dated 10 Mar 01 
16. AF Form 1058, Unfavorable Information File, dated 21 Mar 01 
17. Letter of Reprimand, dated 14 Aug 0 1 
18. Letter of Reprimand, dated 3 S q  01 
19. Letter of Reprimand, dated 18 Sep 01 
20. AF Form 1058, Unfavorable Information File, dated 21 Sep 01 
2 1. AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 10 Dec 01 
22. AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 24 Jul02 

DEPARTMENT OF 'THE AIR  FORCE  a 

AIR  EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR 37 TRWICC 

FROM:  37 TRWJJA 

SUBJECT:  Legal Review, Administrative Discharge, 

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

AB1 -.-......-.-.-..------------------------, 

9 

: 37 SFS 

- 

1.  AuthoritV for Action:  I have reviewed the attached administrative discharge case file 
------------------ 
!, 
regarding the respondent, AB David W. Almgren.  His commander, Major:  - - - - - - - - - - - - - e r e r e r e r  
recommends an Under Honorable Conditions (General) discharge characterization pursuant to 
AFI 36-3208, Chapter 5, paragraph 5.50.2 Conduct Prejudicial to Good Order and Discipline. 
Paragraph 5.56 indicates that you, as the Separation Authority, personally approve or disapprove 
the recommendations for a notification discharge (not board entitled) under paragraph 5.50.2, 
which result in an Under Honorable Conditions (General) characterization. The proposed 
discharge pursuant to paragraph 5,50.2 Conduct Prejudicial to Good Order and Discipline, is 
supported by a preponderance of the evidence and is legally sufficient, subject to a medical 
determination that the respondent is qualified for worldwide duty and separation. He is not 
entitled to an administrative board hearing based on time in service, grade, or any other factors. 

-. - 

Militarv Record:  The respondent has been on active duty since 6 Aug 98. 
2.  Respondent's 
AB; -. -. -. . . . . -I !is an Alarm Monitor and has been assigned to the 37 Security Forces Squadron 
since 9 Dec 98.  He has three Enlisted Performance Reports (EPRs):  5 Apr 00 (3), 5 Apr 01 (3), 
5 Apr 02 (2-referral).  His awards include:  Air Force Training Ribbon, National Defense Service 
Medal, Humanitarian Service Medal, Kosovo Campaign Medal, NATO Medal, Air Force 
Outstanding Unit Award. 

3.  Res~ondent's Response:  The respondent consulted counsel and waived his rights to submit 
statements. 

- 

4,  Analvsis: 

a.  Basis and Prprietv ofDischar~e: Paragraph 5.50.2 authorizes the involuntary separation 
of airmen who have engaged in a pattern of misconduct prejudicial to good order and discipline. 
This includes conduct of a nature that tends to disrupt order, discipline, or morale within the 
military community.  This category of misconduct usually involves causing dissent, disruption, 
and degradation of mission effectiveness.  The evidence in this case supports AB : - - - - - - - - - - - - - - a  
involuntary separation under Paragraph 5.50.2. 

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

(1)  On 24 Mar 99, ABL,.,--~ 

---------- 

exercise, by failing to get out of the car while another patrolman was being challenged by a 
perpetrator.  As a result, he received an AF Form 174, Record of Individual Counseling, dated 24 
Mar 99. 

was derelict in the perfomance of his duties during an 

Attorney Work Product 

This is a privikgcd document.  ft will not be released in whole nor in part 

without thc approval of the Staff Judge Advocate. 

-.-....-.-. 
(2)  o n 9  and  lOApr99, AB; .-.-....-. 

i failed to obey an order issued by an 

Noncommissioned Officer.  As a result, he received a Letter of Counseling, dated 1 1 Apr 99. 

-....-.-... 

result, he received an AF Form 174, Record of Individual Counseling, dated 25 Aug 99. 

(3)  On 24 Aug 99, ABL--- --_---- !was late to a briefing and had a breach of integrity,  As a 
(4)  On 9 Jan 00, AB ; - - - - - - - - - !was  instructed to remove items from his post and failed to 

I - - - - - - - - - - -  

do so.  As a result, he received a Letter of Admonishment, dated 9 Jan 00, 

(5)  On 22 Jun 00, AB: C-....-.-.. 

, - - - - - - - - - - a  

ifailed to show up on time to guardmount duty.  As a 

result, he received a Letter of Counseling, dated 23 Jun 00. 

(6)  On 6 Jul 00, AB - - - - - - - - - - '  

c -....-.-. : , failed to wear the required traffic safety vest while 

performing his duties.  As a result, he received a Letter of Counseling, dated 6 Jul00. 

- - - - - - - - - - , 

(7)  o n  28 Jul 00, AB!.  . . . . -- -. . 1 failed in his duties to properly control the entry of a 

certain vehicle onto the installation.  As a result, he  received a Letter of Reprimand, on 
29 Jul 00. 

i missed a mandatory formation.  As a result, he received a 

(8)  On 19 Oct 00, ABI ---------- 
Letter of Reprimand, dated 25 Oct 00. 
, - - - - - - - - - - - 
(9)  On21 Oct00,AB.: -----*----: 
. - - - - - - - - - -, 
(10)  On 1 Nov 00, a _ _ _ _ _ _ _ _ _ _  _I :reported late for guardmount duty.  As a result, he 

the pass on book . As a result, he received a Letter of Reprimand, dated 22 Nov 00. 

:knowingly and willfully wrote an unauthorized entry in 

i reported late for guardmount duty.  As a result, he 

ireported late for guardrnount duty.  As a result, he 

received a Letter of Reprimand, dated 1 Nov 00. 

(11)  On 1 7 ~ 0 ~  

00, ABL 

----------- 
---------- 

received a Letter of Reprimand, dated 17 Nov 00. 

(12)  on 22 Nov 00, ABI ---------- 

received a Letter of Reprimand, dated 22 Nov 00. 

-.-......-. 

(13)  On 18 Dec 00, ABi _ _ _ _ _ _ _ _ _ _  _I :reported late for guardmount duty.  As a result, he 

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

. 

. 

received a Letter of Reprimand, dated 19 Dec 00. 

(14)  On 7 Mar 01, A B ~  

----------- 
C . -. -. . . . - .I ifailed to check privately owned vehicles at the law 

enforcement desk, as he was ordered to do,  As a result, he received a Letter of Counseling, dated 
10 Mar 01. 

(15)  On9Mar01,ABi 

m"""""; 

received a Letter of ~e~rima.d;dii&i-