AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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

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PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

GRADE 

SRA 

AFSNISSAN 
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X 
ADDRESS AND OR ORGANIZATION  O F  COUNSEL 

RECORD REVIEW 

YES 

No 
X 

MEMBER SITTING 

HON 

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GEN 

I  UOTHC 

I  OTHER 

I  DENY 

VOTE OF THE BOARD 

ISSUES  A92.35 
A94.05 

1 

INDEX NUMBER 

A67.90 

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EXHIBITS SUBMITTED TO THE BOARD 

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I  ORDER APPOINTWG  THE BOARD 

1 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 

HEARING DATE 

CASE NUMBER 

PERSONAL APPEARANCE 

3 May 2006 
-\PPLICAKT  S  ISStit AKD M E  B O M D ' S  DECISIONAL RATIOYAL  ARE DISCUSSED OF\' THE ATTAClIIID  .AIR  FORCE DISCHWGE REVIEW BOARD DECISIONAL  KATLOYNE 

FD-2005-00378 

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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 

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

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YNDORSEMENT 

DATE:  518/2006 

I  FROM 

I 
(EF-V2) 

SECRETARY O F T H E  AIR FORCE PERSONNEL COllNClL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING.  3RD  FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH  AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

1 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00378 

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 1.  Applicant contends discharge was inequitable because it was too harsh and that the minor mishaps 
that took place were after his scheduled separation date of November 27,200 1.  However, due to the 
implementation of the Stop Loss Program, his separation date was extended indefinitely.  The records 
indicated the applicant received an Article  15 for failures to go on November 6, 20, and 29-30,2001, 
resulting in forty-five days extra duty.  Applicant had four Letters of Reprimand for failure to go, caused 
self-injury, disrespect to a superior commissioned  officer, sleeping on duty, failure to maintain standards of 
discipline and misuse of a government computer.  Applicant had one Letter of Counseling for failure to go 
while he was working on his car stereo during the duty day, despite previous warnings and during feedback 
sessions.  Applicant notes the minor mishaps happened after his scheduled Date of Separation (DOS).  The 
DRB made note of this and also considered that applicant had seven disciplinary infractions prior to his 
scheduled DOS.  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 
December 8,  1997) 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. 

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 SRA)  (HGH SRA) 

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1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr MacDill AFB, FL on 1 Feb 02 
UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and ~ i s c i ~ i i n e )  .  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 6 Oct 78.  Enlmt Age: 18 7/12.  Disch Age: 23 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-69,  E-85,  G-72, 
Communications Equipment Journeyman. DAS: 12 Jan 00. 

M-52. PAFSC: 2E151 -  Satellite &  Wideband 

b.  prior Sv: (1) AFRes 30 May 97 -  25 Nov 97 (5 months 27 days)(Inactive). 

3.  SERVICE UNDER REVIEW:  (Examiner's Note: There appears to be an extension to 

enlistment, however,  it  is missing  from the file. 
Appears extended by STOP LOSS). 

a.  Enlisted as AB 26 Nov 97 for 4 yrs. Svd: 04 Yrs 02 Mo 07 Das, all AMS. 

b.  Grade Status:  SrA -  26 Nov 00 
A1C -  26 Mar 99 
Amn -  26 May 98 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 18 Dec 01, MacDill AFB, FL -  Article 86.  You, did, on 
or about 6 Nov 01, without authority, fail to go at the 
time prescribed to your appointed place of duty.  You, 
did, on or about 20 Nov 01, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  You, did, on or about 29 Nov 01, without 
authority, fail to go at the time prescribed to your 
appointed place of duty.  You, did, on or about 30 Nov 
01, without authority, fail to go at the time prescribed 
to your appointed place of duty.  Forty five days extra 
duty. (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 13 JAN 02 -  Failure to go, caused self-injury, and 
disrespect to a superior commissioned 
officer. 

LOR, 22 OCT 01 -  Sleeping on duty. 
LOR, 18 JUN 01 -  Failure to maintain standards of 

discipline. 

LOC/UIF, 30 MAY 01 -  Failure to go. 
MFR, 13 MAY 01 -  Failure to go, on three different days. 

MFR, 13 MAY 01 -  Dereliction of duty. 
LOR/UIF, 24 JUL 00 -  Failure to obey a lawful order, and 

RIC, 27 MAY 00 - Misuse of a government computer. 

misuse of a government computer. 

f.  CM:  None. 

g.  Record of SV: 26 Nov 97 -  25 Jul 99  Andersen AFB  4  (Initial) 

26 Jul 99 -  25 Jul 00  MacDill AFB  3  (Annua1)REF 
26 Jul 00 -  25 Jul 01  MacDill AFB  2  (Annua1)REF 

h.  Awards &  Decs:  AFTR, AFOSSTR, AFLSAR, AFOUA. 

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

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 14 Sep 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Stop Loss Programs. 
3. DD Form 214. 

$ 5   SEP  2005 

OR SEPARATION 

To Whom It May Concern: 

I'm writing to request an upgrade to my discharge and to receive 

documents stating I served my first term honorably. 

My date of separation from the USAF was supposed to be November 27, 
2001.  Because of the tragic event that occurred on September 1 1,2001, I was prohibited 
by the Stop Loss Program to separate on my date of separation.  This prevented me from 
accepting career job opportunities available to me around my Separation Date and also 
prevented me from furthering my education. On February 2nd, 2002 I was given a General 
Discharge (Under Honorable Conditions) because of minor mishaps that took place after 
my original separation date.  I f d y  believe that my  discharge should be updated to an 
honorable discharge due to these circumstances. 

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I was informed by the VA that I needed to have my certification stating 
that I served my 4 years honorably.  Because of the September 11 event that occurred I 
was unable to receive my certification.  My DD-214 states that I received the Longevity 
Award which clearly states that I served my 4 years honorably. 

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I firmly believe that my discharge should be upgraded and I should receive my 
certification 

Sincerely, 
................................ 

I* 

I 

DEPARTMENT OF THE AIR FORCE 

6TH AIR MOBILITY WING (AMC) 
MACDILL AIR FORCE BASE, FLORIDA 

18 JAN  2002 

MEMORANDUM FOR SENIOR AIRMAN! .................................................... 
FROM:  6 CS/CC 

a 

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SUBJECT: Notification Memormdum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct Consisting of Conduct Prejudicial to Good Order and Discipline.  The authority for 
this action is AFPD 36-32 and AFT  36-3208, Chapter 5, Section H, paragraph 5.50.2.  If my 
recommendation is approved, your service will be characterized as honorable or under honorable 
conditions (general).  I am recommending that your service be characterized as an under 
honorable conditions (general). 

2.  My masons for this action are as follows: 

a.  Between on or about 6 Jan 02 and between on or about 11 Jan 02, you failed to report at 
the time prescribed to your appointed place of duty, caused self-injury without intent to avoid 
service, and displayed disrepect toward a superior commissioned officer.  This incident resulted 
in a Letter of Reprimand, dated 13 Jan 02 (Tab B). 

b.  Between on or about 6 Nov 01 and between on or about 30 Nov 01, you failed to report at 

the time prescribed to your appointed place of duty.  This incident resulted in Nonjudicial 
Punishment under Article 15, Uniform Code of Military Justice, dated 18 Dec 01 (Tab C). 

c.  On 13 Oct 01, you were derelict in the performance of your duties.  More specifically, you 
wrapped up in a sleeping bag and slept in your work place.  This incident resulted in a Letter of 
Reprimand, dated 22 Oct 01 (Tab D). 

d.  On 18 Jm 01, you failed to maintain standards of discipline in regards to maintenance of 

government quarters and facilities.  This incident resulted in a Letter of Reprimand, dated 
18 Jun 0 1 (Tab E). 

e.  On 8 May 01, you failed to report at the tirne prescribed to your appointed place of duty. 
More specifically, you were in the parking lot working on your vehicle during your prescribed 
duty time.  This incident resulted in a htter of Counseling, dated 13 May 01,  This document 
was placed in your Unfavorable Information File, dated 30 May 01 (Tabs F & G). 

f.  Between on or about 11 May 01 and between on or about 13 May 01, you failed to 
report at the time prescribed to your appointed place of duty.  This incident resulted in a 
Memorandum for Record, dated 13 May 01 (Tab H). 

g.  On 13 May 01, you were derelict in the performance of your duties.  More specifically, 

failed to run at the squadron fitness run, after being briefed on 26 Apr 01 and again on 12 May 01 
that you are required to do so unless you have a valid waiver from the base hospital.  This 
incident resulted in a Memorandum for Record, dated 13 May 01 (Tab I). 

h.  Between on or about 9 Jun 00 and between 

order given to you by your supervisor, SS& 
j not to visit computer chat rooms 
using government computers.  This incideni-iiiidilIeZ KYIZfter of Reprimand, dated 24 Jul00 
and an Unfavorable Information file, dated 4 Oct 00, was established (Tabs J & K). 

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on or about 1 Jul00, you failed to obey a lawful 

i.  On  14 May 00, you misused government property by accessing chat rooms on a government 

computer.  This incident resulted in an AF Fonn 174, Record of Individual Counseling, dated 
27 May 00 (Tab L). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached, 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, 
you will be ineligible for reenlistment in the Air Force, and any special pay, bonus, or education 
assistance finds may be subject to recoupment. 
4.  You have the right to consult counsel.  Militq-:p-wgll&  been obtained to assist you.  I 
have made an appointment for you to consult Capti 
bn 18 Jan 02 at 1500 hrs. 
You may consult civilian counsel at your own expense. 

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

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me by*  Xon &a unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

6.  If you fail to consult counsel or to submit statements on 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 the 6th Medical 
Group Hospital - Physical Exams, at  1400 hours on 24 Jan 02 for the examination. You must 
report to the Physical Exams Section 30 minutes prior to pick up your DD Form 2697. 

8.  Any personal information you funish 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.  Execute the attached acknowledgment and rehun it to me iwnai~tely. 

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'  Commander, 6ih- ~omm~niiiibiis~ 

~&adron 

Attachments: 
a.  Respondent's Acknowledgment 
b.  Letter of Reprimand, 13 Jan 02 
c.  AJ? Fonn 3070, Record of Nonjudicial Punishment Proceedings, dated 18 Dec 01 
d.  Letter of Reprimand, dated 22 Oct 01 
e.  Letter of Reprimand, dated 18 Jun 01 
f.  AF Form 1058, Unfavorable Information File Action dated 30 M y  01 
g.  Letter of Counseling, dated 13 May 0 1 
h.  Memorandum for Record, dated 13 May 01 
i.  Memorandum for Record, dated 1 3 May 0 1 
j.  AF Form 1058, Unfavorable Information File Action dated 4 Oct 00 
k.  Letter of Reprimand, dated 24 Ju100 
1.  AF Form 174, Record of Individual Counseling, dated 27 May 00