INDEX  NIJMBER 

A67.10 

ISSUES  A92.15 
A92.21 
A92.01 
A94.05 
A92.05 

X *+ 

X *+ 

X *+ 

X  *+ 

1 
2 
3 
4 

SUXlNiTTGD TO TIIE BOARD 

-IT$ 
ORDER APPOINTING  THE BOARD 
APPLICATION FOR REVIEW Ok  DISUHAKGt 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RE1,EASE TO THE BOARD 
ADDITIONAL EXIIIBITS SUBMITTED AT TIME O F  
PERSONAL APPEARANCE 

TAPE  RECORDING  OF PERSONAL APPEARANCE 

-- 

HEARING DATE 

CASE NUMBER 

05 Jul2006 
MPLICAW'S ISSUE AWD TfiEBOARD'S DEClSlONALRATIOW  ARE DlSCUSSED M THE ATTACHED AIR POME DlSCHARGE&VIEW  BOARa DECISIONAL RATDNALE 

FD-2005-00414 

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. 

*  Reason and Authority 
+  Reenlistment Code 

.-..- 
SIGNPJRWF 

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

RECORDEX..  -. LA+&. . -. . -. 4.. -. . -. . -. . -. . -. . - J SL~~~~ATVF.?F ??PPP~RE?~.T.. -. . -. . -. . -. . -, 

A 

A 

/ 

C 

TO: 

YLCLM 

- *,  , "- 

, ,  

, 

"m 

SAFIMRHR 
550 C STREET WEST, SUl.fF, 40 
RANDOLPII AFB,  1 X 78 150-4742 

FROM. 

P , ,  

-- --- 

DATE-: 7/11/2006 

- A  

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FI.OOR 
ANDREWS AFR, M D  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASL NUMBER 

FD-2005-00414 

GENEIZAL:  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. 

ISSUE: 

Issue 1.  Although not explicitly stated, the applicant suggested that his misconduct was inequitable because 
it was too harsh.  The records indicated the applicant received an Article  15, three Letters of Reprimand, and 
one Letter of Counseling for misconduct.  He received an Article 15 for being derelict in the performance of 
his duties in that he negligently failed to update the mission monitoring card for timely alerting crew 
members and failure to complete the Tanker Task Force Mission; and was disrespectful towards a non- 
commissioned officer.  He was reduced to the grade of airman, suspended forfeiture of $150.00 pay for two 
months and a reprimand.  He received three Letters of Reprimand for failure to report on two separate 
occasions and allowing three off-base visitors to be unescorted in dormitory room.  He also received a Letter 
of Counseling for being late for work on two occasions.  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 May 8, 
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. 

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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF McGuire AFB, NJ on 14 
Oct 04 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for Discharge. 

2 .   BACKGROUND: 

a. DOB: 8 Sep 83.  Enlrnt Age: 17 11/12.  Disch Age: 21 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-56,  G-57,  M-47. PAPSC: 1C351 -  Command Post Journeyman. 
DAS: 15 Aug 02, 

b.  Prior Sv: (1) AFRes 22 Aug 01 -  22 Apr 02 ( 8   months 1 day) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  23 Apr 02 for 4 yrs. Svd: 02 Yrs 05 Mo 22 Das, all AMS. 

b.  Grade Status:  Amn  -  9 Aug 04 (~rticle 15, 9 Aug 04) 

A1C -  23 Feb 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 9 Aug 04, McGuire AFB, NJ -  Article 92.  You, who knew 
of your duties, between on or about 24 May 04 and on or 
about 25 May 04, were derelict in the performance of 
those duties in that you negligently failed to update 
the mission monitoring card for timely alerting crew 
members and failed to complete the Tanker Task Force 
Mission, Ethyl 11, as it was your duty to do.  Article 
91.  You, on or abo~;--?-JyA--?P.~--wSre 
disrespectful in 
language toward SSgt 1 .....-.-.-.-........-it 
officer, then known by you to be a superior non- 
commissioned officer, who was then in the execution of 
his office, by saying to him, I1DudeH, "What are you 
crazy?  Of course I took care of i t u ,  and "Who do you 
think I am?" or words to that effect.  Reduction to 
Airman.  Suspended forfeiture of $150.00 pay per month 
for 2 months.  Reprimand.  (No appeal)  (No mitigation) 

a non-commissioned 

e.  Additional: LOR, 16 AUG 04 - Allowed three off-base visitors to be 

unescorted in dormitory room. 

LOR, 13 AUG 04 -  Failure to go. 
LOR, 01 JUN 04 -  Failure to go. 
LOC, 27 APR 04 -  Late for work on two occasions. 

f.  CM:  None. 

g.  Record of SV: 23 Apr 02 -  23 Dec 03  McGuire AFB  4  (Initial) 

h.  Awards &  Decs:  NDSM, AFTR, AFOUA W/1 OLC. 

i.  Stmt of Sv:  TMS: (03) Yrs  (01) Mos  (23) Das 
TAMS: (02) Yrs  (05) Mos  ( 2 2 )   Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 7 Nov 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 149. 
3. DD Form 214, 
4. AF Form 100. 
5. Ten Training Certificates. 
6. High School Diploma. 
7. Certification Certificate; 
8. College Admittance Letter. 
9. College Transcript. 
10. VA Letter. 
11. Enlisted Peformance Report, page 1. 
12. Verification of Contribution to Montgomery GI Bill 
13. Correspondence from the Governor of Pennsylvania. 
14. Commendation Email. 

Board for Correction of Air Force Records 
Am: sAF/ MIBR 
550-C Street West Suite 40 
Randolph AFB, TX 78150-4742 

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

Appealing for Correction of Military Record. 
---------------------. 
i joined the Air Force in the spring of 2001 in Reading, PA 
Ii 
and I took an oath in June 2001 in Harrisburg, PA. The date that 1 entered 
into Basic Military training was in April of 2002. From basic military training 
I graduated with the National Defense Service Medal, AF training Ribbon, AF 
Outstanding Unit Award W11 OLC, After completing a few additional 
training programs at Kemler AFB, Mississippi I was tmnsferred to McGuire 
Air Force Base 305th Air Mobility Wing Command Post, New Jersey, In 2003 
I was serving my Country for 5 month in A1 Dbafra Air Base, United Arab 
Nation. When I finished and returned to McGuire 305th Air Mobility Wing 
Command Post I was promoted to the rank of E3. In addition to 2003  I 
recruited two men to the USAF.  Prior to these events the command post was 
under command by Major: - - - - - - - - ,  
post was very high. Once major i 
drop dramatically, and there were requests for about 8 separations in less 
then a one-year period. The Staff Sergeant at the time that I worked under for 
over 2.5 years. SSGT~ 
conversation about the Philadelphia Eagles, like we would normally carry out. 
--------. 
During the conversation I must have referred to SSGT(: -------. 
i as 6bDude", 
Which he did not even realize that I called him "Dude" nor take offense, 
MaJ*,i""""". 

i  During this time morale in the command 
, - - - - - - - - - - . 
L --------- C 

bad I were having a friendly and private football 

itook command, the morale seemed to 

iat the time was listening to our conversation and heard me call 

L - - - - - - - - - -  

l 

I - - - - - - - -  

--------- 
L -  ----- - - l  

. . . . . . . . . 
L - - - - -   -- - a  

~ ~ u d c " .  The next day I was called into his olilce and received a 
!referred tn as SCDisrespecting 

SSG* 
letter of reprimand for as what Major: ----------. 
an NCO.  I apologized and signed the letter of reprimand in front of Major 
, - - - - - - - - - - - 

!and my supervisor at the time SSGT! 

3  About two days later 

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

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

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

L -.-.-.-.-.: 

I was writing a rebuttal to the letter of reprimand I received.  I told my 
supervisor about the rebuttal I was writing, because I did not think it was 
--------------. 
right, because I did not offend anyone at all,  My supervisor SSGTi .-.-.-.-.-.-.-' 
!about the rebuttal and later he called me back into 
imformed Major! 
his office and said he was going to take away the letter of reprimand. Then 
about w week or 80  later I found out that be was going to give me an Article 15 
for this incident. I was demoted to E2 the NCO even told the officer that he 
was not offended by anything what I said, but the Command Post Chief at the 
time asked the NCO to sign a document saying that he was offended, because 
he was called Udude.* I am truly sorry wbat happen and I loved serving my 
time in the U.S. Air Force. When I consulted with a Military counselor he 
suggested that I should not rebuttal Article I was frightened s t  that time that I 
would perhaps go to prison or the command post chief would give me a 
dishononable discharge. After the War in November of 2004 when I return to 
McGuire 305th Air Mobility Wiag Command Post, New Jersey my job 
performance slightly draped for some reason I had drlfllculty to performing 
my job after I return from deployment and I was separating from my fianc6e. 
At that time I ask my NCO if they could give me some room to recover from 
my stress from work and from personal crisis. This request was totally 
rejected.  After my discharge I started my college career and resumed my 
civilian life. I am heart broken due to this type of discharge from active duty 
from the Air Force and X lost my job and 811 my Vetemas benefits and GI Bill, 
Just to let you know that every man in our family served in the military 
honorably, one rank was n 

commander of a Navy vessel In Argentina, s Major in Poland, Private US 
Army and USMC. Pleage note from the document AF IMT 100 the request for 
separation line #14 mark is 'CGeneraln. In my Certificate of Release DD214 
line 13 in missing Deployment and Good Conduct Medal and line 28 
(Misconduct) sbould be change to Connivance of Government, line 27 4H 
should be changeso I could reenter the military after my college if I desire. I 
hope that my record DD214 could be corrected within a year. As you can see I 
lost all my military benefits my job just because I was not so perfect and 
called my friend at work a 6'Dude". For over two years there were no 
problems with my performance only, when the new leadership change and my 
job perf'ormance slightly drop then there was ao other option for me tben to 
resign from USAF. 

Thank you for you understanding and continued support. 

Including list of documents with for you reference: 

DD149 
DD214 

+  Request and Authorization for Separation 

Copy of my High School Diploma 
CertidcrrteBaslcMilitary Training 

*  CerCificate Command Post Apprentice 
Certificate Fimt Duty Statioa Airmen 

DEPARTMENT OF THE AIR FORCE 

308TH MISSION SUPPORT SQUADRON 

MCOUlRE AFB, NEW JERSEY 08641 

28  Sep 04 

MEMORANDUM FOR AMN~ 

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

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

FROM:  305 MSSICC 

SUBJECT: Notification Memorandum 

1.  I am recommendiw your discharge from the United States Air Force for Misconduct:  M i o r  
Disciplinary Infractions.  The authority for this mtion is AFPD 36-32 and AFI 36-3208, parapph 
5.49.  If my recommendation is approved, your service will be characterized as an Under 
Honorable Conditions (General) Discharge.  I am recommending that your service be characterized 
as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a On or about 23 and 24 Apr 04, you failed to go to your place of duty on time, for wbich you 

received a Lettm of Counseling (LOC), dated 27 Apr 04. 

b.  On or about 25 May 04, you failed to go to your place of duty, for which you received a 

Letter of Reprimand (LOR), dated 1 Jun 04. 

c.  Beween on or about 24 May 04 and on or about 25 May 04, you failed to update the 

mission monitoring oard for timely alerting crew members and failed to complete the Tanker Task 
Force Mission.  On or about 7 Jul04, you were disrespectfbl in language toward a h o w n  superior 
noncommissioned officer, for which you received nonjudicial punishment dated 9 Aug 04.  For this 
misconduct you received a reduction to the grade of E-2 (Airman), a suspended forfeiture of 
$150.00 pay per month for two months, and a reprimand. 

d.  On or about 3 Aug 04, you failed to obey a lawful order by allowiug three off-base visitors 
to be unoscorted in the dormitory while you were at work, for which you received a LO& dated 16 
Aug 04. 

e.  On or about 13 Aug 04, you failed to go to your place of duty, for which you received an 

LOR, dated 13 Aug 04. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the United States 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 
funds may be subject to recoupmmt.  The separation authority will make the findings and 
recommendations required under 10 U.S.C. Section 2005(g). 

3.  You have the right to consult counsel.  Military leg?! .cou~sq! has be?  pbtained to assist you.  I 
:at Building 2906 Room 
have made an appointment for you to consult Caphid. 
116, on 28 kpny, at 
expense. 

hours. You may consult civilian counsel at your own 

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

009 

00 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
1 &k  04  unless you request and 
separation authority to consider must reach me by 
receive an extension for good cause shown. I will send hem to the separation authority. 

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

6.  You- have been scheduled for a medical examination. You must report to Ambulatory Health 
Care Clinic, McGuire AFB on 

/ 0s f  bLJ  , at  BRW 

hours for the examination. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A copy 
of AFI 36-3208 is available for your use at your squadron orderly room. 

the attached , acknowledgment and return it to me immediately. 

........-.............  Am..... 

Commander 

Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification Memorandum