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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE INITIAL) 
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TYPE GEN 

PERSONAL APPEARANCE 

GRADE 

AMN 

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X 

RECORD REVIEW 

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CoU~sIEL 

1 ES 

No 

X 

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NAME O F  COUNSEL AND O R  ORGANIZATION 

ADDRESS AND OR ORGANIZATION  O F  COUNSEL 

MEMBER SITTING 

HON 

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GEN 

I  UOTHC 

I  OTHER 

I  DENY 

VOTE OF THE BOARD 

I  1 
2 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDMG OF PERSONAL APPEARANCE 

HEARING DATE 

1  3 Mav 2006 

CASE NUMBER 

1  FD-2005-00360 

1 

I 

I 

APPLICAKT'S ISSL'E kVD THE B0.4RD'S DECISlObAI.  KATIO&AL ARE  DISCUSSED OX 'THE ATTACIED  AIK FORCE DISCHARGE REVIEW BOARD DECISIONAL  KATIOUALE 

1  Case heard at Washington, D.C. 

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

I Names and votes will be made available to the applicant at the applicant's request, 

, S ! G ~ ~ ~ , F R E C P P ' 3 P A P P P P P P P a  

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------------ 1 -  1 ..-,.  -..-. w-..K*-,.-~ 

T U R E O Z O A R D  

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DEN 

SIGJ 

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

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR.  EE WING. 3RD FLOOR 
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-2005-00360 

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  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: 

Issue I.  The records indicated the applicant received an Article 15 and a Vacation, for failures to go.  He 
received three Letters of Reprimand for failure to go, failure to pass room inspection and a conviction by 
civil court for driving under the influence.  The applicant also received a Letter of Counseling for failing to 
obey a lawful order in which he was directed to get a hair cut and had been counseled on two previous 
occasions concerning his dress and appearance.  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.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on February 
13,2002) that he understood he must receive an Honorable discharge to receive future educational 
entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

Issue 3.  The applicant stated he was led to believe his discharge would automatically be upgraded in six 
months.  While a discharge may be upgraded after six months, the upgrade is by no means automatic.  A 
discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place 
at the time of discharge.  In this case, none was found, so the Board denied the appeal. 

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 McChord AFB, WA on 19 Nov 04 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 8 May 82.  Enlmt Age: 19 7/12.  Disch Age: 22 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-56,  G-66,  M-64. PAFSC: 1A231 -  Aircraft Loadmaster 
Apprentice. DAS: 1 Dec 02. 

b.  Prior Sv: (1) AFRes 14 Dec 01 -  30 Jan 02  (1 month 17 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 31 Jan 02 for 4 yrs. Svd: 02 Yrs 09 Mo 20 Das, all AMS. 

b.  Grade Status:  AMN -  01 Jul 04  (Vacation of Article 15, 16 Aug 04) 

A1C -  31 May 03 
AMN -  31 Jul 02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 16 Aug 04, Vacation, McChord AFB, WA -  Article 86. 

You, did, on or about 2 Aug 04, without authority, fail 
to go at the time prescribed to your appointed place of 
duty.  You, did, on or about 5 Aug 04, without 
authority, fail to go at the time prescribed to your 
appointed place of duty.  Reduction to Airman. 
(No appeal) (No mitigation) 

(2) 1 Jul 04, McChord AFB, WA -  Article 86.  You did, on or 

about 18 Jun 04, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Suspended reduction to Airman.  Restriction to McChord 
AFB, WA for 30 days, and a reprimand. (No appeal)  (No 
mitigation) 

e.  Additional: LOR/UIF, 28 JUL 04 -  Convicted in Civil Court of DUI. 

LOR/UIF, 08 JUN 04 -  Failure to go. 
LOR, 17 MAR 04 -  Failed room inspection. 
LOCI 10 DEC 03 -  Failure to obey a lawful order. 
RIC, 24 FEB 03 -  Failure to go. 

f .  CM:  None. 

g.  Record of SV: 31 Jan 02 -  30 Sep 03  McChord AFB  5  (Initial) 

01 Oct 03 -  30 Sep 04  McChord AFB  1  (Annua1)REF 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS: (02) Yrs  (11) Mos  (06) Das 
TAMS:  (02) Yrs  (09) Mos  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 07 Sep 05. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting an upgrade of my discharge.  I was led to believe 

that I would be eligible for all my VA benifits  (sic) including the GI Bill, and 
that my discharge would automatically be upgraded to honorable after 6 months, 
if I accepted this discharge.  It was not until later that I found out that I 
was not elegible for my benifits  (sic) and requested to stay in the military at 
which time I was told it was to late to change. 

ATCH 
1. DD Form 214. 
2. Certificate of Achievement. 
3. Three Aircraft Commander's Reports on Crew Member. 
4. Six Training Certificates. 
5. Letter of Appreciation. 

FROM:  I0 ASICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force based on minor 
disciplinary infractions.  The authority for this action is AFPD 36-32, Military Retirements and 
Separations, and AFI 36-3208, Administrative Separation of  Airmen, para 5.49.  If my 
recommendation is approved, then your service will be characterized as honorable or general 
(under honorable conditions).  I am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 05 Aug 04, you failed to go at the time prescribed to your place of duty,  For 
this infraction, your suspended punishment was vacated.  You were punished with a reduction to 
Amn.  This action was placed in your existing Unfavorable Information File (LJLF).  (See Atchs 
1 a and lh.) 

b.  On or about 02 Aug 04, you failed to go at the time prescribed to your place of duty.  For 
this infraction, your suspended punishment was vacated.  You were punished with a reduction to 
Arnn.  This action was placed in your existing Unfavorable Information File (UIF).  (See Atchs 
1 a and lh.) 

c.  On or about 18 Jun 04, you failed to go at the time prescribed to your place of duty.  For 
this infraction, you received an Article 15.  This action was placed in your existing UIF.  (See 
Atchs l b  and 1 h.) 

d.  On or about 14 Jun 04, you operated a motor vehicle while intoxicated.  You subsequently 

pled guilty to driving under the influence (DUO and received a fine, a jail  sentence and 
suspension of your civilian driving priviledges,  For this infkaction, you received your third Letter 
of Reprimand (LOR),  This action was placed in your existing UIF.  (See Atchs 1 c and  lh.) 

e.  On 7 Jun 04, you failed to show at a scheduled appointment.  For this infraction you 

received your second LOR.  This action initiated your UIF.  (See Atchs Id and lh.) 

f  On 2 Mar 04, you failed to maintain your dorm room in inspection order.  For this 

infraction you received your first LOR. (See Atchs 1 e and Ih.) 

g.  On 09 Dec 03 you were ordered to get a haircut, an order which you failed to obey,  For 

this infraction you received a Letter of Counseling (LOC).  (See Atch 1 f.) 

h.  On 24 Feb 03, you failed to show at your appointed place of duty.  For this infraction you 

received a Record of Individual Counseling (RIC).  (See Atch I g.) 

3.  I have attached copies of the documents to be forwarded to the separation authority in support 
of my recommendation.  The commander exercising special court-martial (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 discharged, then you will 
be ineligible for reenlistment in the Air Force and will probably be denied enlistment in any 
component of the armed forces.  Any special pay, bonus, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult legal counsel.  Military legal counsel is available to assist you. 
You have an appointment to consult Area Defense Counsel, ,305 6th Street, McChord AFB, WA 
98438,982-2240, on 04 Nov 04 at 0990 hours.  You may consult civilian counsel at your own 
expense. 

5.  You have the right to submit statements in your own behalf.  Any statements that you want 
the separation authority to consider must reach me by  5 0 0  V 0 4 /dObllr- (three workdays) 
unless you request and receive an extension for good cause.  I will forward any such statements 
to the separation authority. 

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

7.  You have been scheduled for a mandatory Transition Pre-separation Counseling appointment 
at the Family Support Center, bldg 55 1, on 02 Nov 04 at 1330 hours. 

8.  You have been scheduled for a medical examination.  You must report to Family Practice in 
building 690, on 04 Nov 04 at 0745 hours with your medical records. 

9.  The Privacy Act of 1974 protects any personal information you furnish in rebuttal.  A copy of 
AFI 36-3208 is available for your use in the orderly room. 

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

L . - . - . . - . . - . - . . - . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

Commander 

: 

Attachments: 
1,  a.  AF  Form 366, dated 16 Aug 04 

b.  AF Form 3070, dated I  Jul04, w/ atchs 
c.  LOR, dated 28 Jul04 
d.  LOR, dated 8 Jun 0 1 
e.  LOR, dated 17 Mar 04 
f.  LOC dated 10 Dec 03 
g.  RIC dated 24 Feb 03 
h.  AF Form 1 137, undated 

2.  Airman's  Receipt of Notification Memorandum