AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
.............................. 

GRADE 

SRA 

AFSNISSAN 
--------------- 

C-..-..-..-..-' 

C..................-..-..-..-.' 
rYPE  GEN 

'OUNSEL 

YES 

No 

X 

X 

PERSONAL APPEARANCE 

RECORD REVIEW 

NAME O F  COUNSEL AND OR ORGANIZATION 

ADDRESS  AND OR ORGANIZATION O F  COUNSEL 

MEMBER SITTING 
..................................... 

- 

4 

J 

4 

ISSUES 

A94.11 
A94.05 

INDEX NUMBER 

A67.10 

VOTE OF THE BOARD 

HON 

GEN 

UOTHC 

OTHER 

DENY 

X 

X 

X 

X 

X 

EXHIBITS SUBMITTED TO THE BOARD 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 

APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

HEARING DATE 

I  CASENUMBER 

13 NOV 2006 
APPLICANT'S  ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON THE A'ITACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00426 

Case heard via video teleconference between Andrews AFB, MD and Travis AFB, CA. 

Advise applicant of the decision of the Board 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. 

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

TO: 

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

INDORSEMENT 

FROM: 

DATE:  11/13/2006 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR,  EE WING, 3 R D  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-2005-00426 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and  to  change the reenlistment 
code. 

The applicant appeared and testified before the Discharge Review Board (DRB) without  counsel via video 
teleconference between Andrews AFB, MD and Travis AFB, CA on 13 Nov 2006. 

The following additional exhibits were submitted at the hearing: 

Exhibit #6: Applicant's Opening Remarks 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of 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 contends discharge was inequitable because it was too harsh and didn't take into consideration his 
time in Iraq, the death of his grandfather and his wife leaving him and taking his children out of state.  The 
records indicate the applicant received an Article 15 for failing to report for mandatory PT and six Letters of 
Reprimand, to include: going TDY to a training class that he'd  already attended, failing to get out of a 
vehicle and provide "spotting"  assistance to the driver who subsequently backed into a light and caused 
damage to a government vehicle, lying to the first sergeant concerning the number of traffic tickets he'd 
received, failing to report for mandatory PT, failing to utilize his mandatory PT time properly, and failing to 
answer his cell phone and respond to an air conditioning emergency at the Officers Club.  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.  As such, the characterization of the discharge received by the applicant was found to be 
appropriate. 

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 and reenlistment code 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) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Fairchild AFB, WA on 25 
Aug 04 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Aug 79.  Enlmt Age: 18 8/12.  Disch Age: 25 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-35,  E-39,  G-46,  M-48. PAFSC: 3E151 -  Heating, Vent, A/C, & 
Refrigeration Journeyman. DAS: 1 Apr 04. 

b.  Prior Sv: (1) AFRes 10 Apr 98 -  13 Oct 98  (6 months 4 days)(Inactive). 

( 2 )  Enlisted as AB 14 Oct 98 for 4 yrs.  Svd:. 3 yrs 1 month 
15 days, all AMS.  AMN -  29 Mar 99.  A1C -  14 Feb 00.  SrA -  14 Oct 01.  EPRs: 
4,4. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 30 Nov 01 for 6 yrs. Svd: 02 Yrs 08 Mo 25 Das, all 

AMS . 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 16 Jun 04, Fairchild AFB, WA  -  Article 86.  You, did, 
on or about 4 Jun 04, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: Bldg 2249, Fitness Center.  Suspended reduction to 
AlC.  Suspended forfeiture of $250.00 pay per month for 
2 months.  Thirty days extra duty. (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 22 JUL 04 -  Dereliction of duty. 

LOR/UIF, 02 JUN  04 -  Not using physical training time as 

LOR, 13 MAY 04 -  Late for mandatory formation. 
LOR, 16 OCT 03 -  Speeding on base and making a false 

intended. 

statement. 

LOR, 27 JUN 03 -  Dereliction of duty. 
LOR, 14 MAY 03 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: 14 Jun 01 -  15 May 02  Hickam AFB 

4  (CRO) 

HEADQUARTERS 92D AIR REFUELING WING (AMC) 

FAIRCHILD AIR FORCE BASE WASHINGTON 

MEMORANDUM FOR SRAL-. -. -. . -. . -. . -. . -. . . . -. . -. . -. . -. . -. -. . -. . -. . -. -1 

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

AUG  1 0 2004 

FROM:  92 CESICC 

SUBJECT:  Notification Memorandum 

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

2.  My reasons for this action are: 

a. You were scheduled for a TDY to Sheppard AFB, TX for Systems I class.  You were 

briefed about the school and when asked if you attended this class you stated that you had only 
been to the Controls class.  You were two hours late for the first day of class and after sitting in 
the class for 5 days you were informed that you had already attended this course, at which point 
you had to be released from class for return back to Fairchild AFB, WA.  For this action, you 
received a Letter of Reprimand dated 14 May 03. 

b. On or about 13 Jun 03, you were a passenger in a vehicle that had an accident while 

driving in reverse in front of building 2266, where a light pole was hit and destroyed.  Yoii have 
been briefed on proper vehicle backing procedures on numerous occasions.  Your lack of 
initiative by not getting out of the vehicle and spotting resulted in damage to goveinment 
property.  For this action, you received a Letter of Reprimand dated 27 Jun 03. 

c. On or about 4 Oct 03, you were stopped by the 92 SFS for speeding.  When questioned, 

the First Sergeant asked you if you had ever received any other tickets on base and you said 
"no."  She asked a second time if you had ever received any speeding tickets and you said "once, 
at [your] last base."  After reviewing your PlF, the First Sergeant found these to be false 
statements.  This was the third speeding ticket in two years at this base with another ticket for 
failure to obey traffic signs or signals.  For this conduct, you received a Letter of Reprimand 
dated 16 Oct 03. 

d. On or about 28 Apr 04 and on or about 10 May 04, you failed to report to mandatory 
physical fitness at the prescribed time.  For these actions, you received a letter of reprimand 
dated 13 May 04. 

e. On or about 26 May 04, you failed to utilize your mandatory physical training time 

properly.  For this action, you received a Letter of Reprimand dated 2 Jun 04. 

f. You, did, at or near Fairchild AFB, WA, on or about 4 Jun 04, without authority, fail to go 

at the time prescribed to your appointed place of duty, to wit: Bldg 2249, Fitness Center.  For 

AMC--Glob01 Rench f i r  Americn 

this action, you received an Article 15 dated 16 Jun 04,  The punishment included the reduction 
to the grade of AlC (suspended), forfeiture of $250 pay par month for 2 months (suspended), 
and 30 days extra duty. 

g. On or about 15 Jul04, you failed to answer your standby cell phone and respond to an 

emergency no air conditioning call at Club Fairchild from the base fire department night service 
catdesk in support of an official function.  For this action, you received a Letter of Reprimand 
dated 22 Jul04. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recom~nendation are attached.  The commander exercising SPCM jurisdictioi~ 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 recoupment.  The separation authority will make the findings and 
recommendations required under 10 U.S.C.  Section 2005(g). 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult Captain LORI M. GILL at 200 W. Bong.Strect, 
on 13 &q  04 , at  1403 
expense. 

hours.  You may consult civilian counsel at your own 

5. You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by D*, 
IBWC, *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 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 Physical Exams, 92 
MDG on 
hours for the examination.  Report to Physical Exams 
30 minutes prior to your appointment to complete a DD Form 2697. 

, at 

8.  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 the orderly room. 

9.  Execute the attached acknowledgment and return it to m e p e d i a t e l y .  

7 Attachments: 
1.  LOR dated 14 May 03 (2 pages) 

2.  LOR daied 27 Jun 03 (2 pages) 
3. LOR dated 16 Oct 03 (2 pages) 
4. LOR dated 13 May 04 (2 pages) 
5. LOR dated 2 Jun 04 (4 pages) 
6. ~rtici'e 15 dated 16 Jun 04 (3 pages) 
7. LOR dated 22 Jul04 (2 pages)