AIR FORCE DISCHARGE REVIEW BOARD IIEARING RECORD 

VAhlE OF SERVICE MEMBER (LAST, FIRST h1ll)l)l.E  I NI'I'IAI.) 
.---------------------- 

:YPE GEN 

PERSONAL APPEARANCE 

YES 

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Na 

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

MXMBER SITTING 

AFSNISSAN 

RECORD REVIEW 

ADDRESS ANDORORCANIZATlON  OF COUNSEL 

VOTE OFTHE BOARD 

llON 

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GI-N 

I  UOl*IIC' 

I  OIIIFI< 

I 

DENY 

HE,\HING  OAI'E 

CASE NIIMHEH 

PERSONAL APPEARANCE 

05 Oct 2006 
APPLICANT'S  ISSLE AhD THE BOARD'S DECISIONAI  RATIONAL  AKI!  VISCUSSED VN THE ATTACIIED AIR  rORCE  DISCHARGE REVIEW BOARD DF.CISION.41.  HATIONA1.E 

FD-2005-00432 

I 

I 

I 

l s e  heard in Washington, D.C. 

idvise applicant of the decision of the Board, the right to a personal appearance witldwithout counsel, and the right to subn~it an 
ipplication to the AFBCMR 

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

'-----C;/'-‘--' 
..,. 

10 

SAFIMRnR 
550 C STKECT WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

Ih'WRSEMEhT 

FRO\1 

DATE:  10/16/2006 

FECRETARV OWfHC  AIR FORCE PEKSONNEL COUNCIL 
AIR FORCE DlSCllARCE REVLEW BOARD 
1535 COMMAND D&  EE W N C ,  3RD F U M R  
ANDREWS AFB, MD 20162-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00432 

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 the  applicant submitted no  issues contesting the  equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify  a change of 
discharge. 

ISSUE:  Applicant received a  General  discharge for Pattern  of  Misconduct--Conduct Prejudicial to  Good 
Order and Discipline and Condition that Interferes with Military Service--Mental Disorder 

Applicant did not submit any issues regarding the  inequity or impropriety of his discharge, but  did  submit 
that the characterization of his discharge has prevented him from obtaining federal and contracting jobs.  He 
would like his discharge upgraded to have access to better job  opportunities.  The records indicate that the 
applicant received an Article  15 with a vacation, seven Letters of Reprimand, a Letter of Counseling and a 
Memorandum for Record for misconduct to include disobeying a lawful order, dereliction of duty, disrespect 
to a superior commissioned officer, failure to obey and order or regulation, failure to meet standards of duty 
performance and training, failure to go, and failure to maintain standards.  In addition, the records show that 
the  applicant  had  demonstrated  a  pattern  of  maladjustment  throughout  his  military  service  and  despite 
intervention had not acquired the substantial skills to deal with work  stressors and lacked the motivation for 
self-improvement; future prognosis  for adjustment to military  standards of behavior was  considered poor. 
After  review  of  the  records  the  board  was  not  able  to  determine  any  mitigating  correlation  between  the 
applicant's  conduct  and  his  medical  condition; no  inequity or  impropriety was  suggested or  found in the 
course of reviewing the records.  The Board concluded that the characterization of the discharge received by 
the applicant was 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 should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB, MD 

(Former AlC)  (HGH SEW) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Andrews AFB, MD on 13 
Dec 04 UP AFI 36-3208, para 5.50.2 &  5.11.9  (Pattern of Misconduct -  Conduct 
Prejudicial to Good Order and Discipline and Condition that Interferes with 
Military Service -  Mental Disorder).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 15 Mar 81. Enlmt Age: 18 11/12.  Disch Age: 23 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-50,  E-44,  G-46,  M-34. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS:  12 Jul 03. 

b.  Prior Sv:  (1) AFRes 7 ~ a r '  00 -  11 Apr 00  (1 month 5 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Apr 00 for 6 yrs. Svd: 04 Yrs 08 Mo 02 Das, all AMS. 

b.  Grade Status:  A1C -  20 Aug 04  (Article 15, 20 Aug 04) 

SrA -  26 Sep 02 
A1C -  26 May 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 21 Oct 04, Vacation, RAF Alconbury, UK -  Article 86. 

You did, on or about 4 Oct 04, without authority, fail 
to go at the time prescribed to your appointed place of 
duty, to wit: Building 586, Base Fitness Center. 
Forfeiture of $792.00 pay.  (No appeal)  (No mitigation) 

20 Aug 04, RAF Alconbury, UK - Article 86.  You, did, 
on or about 11 May 04, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: the Specialty Knowledge Test portion of your 
Weighted Airman Promotion System test at Building 592, 
Chapel Annex, RAF Alconbury, UK.  You, did, on or about 
16 Jul 04, without authority, fail to go at the time 
prescribed to your appointed place of duty, to wit: 
Annual Security Forces Weapons Training at Building 612, 
RAF Molesworth, UK.  Reduction to A1C.  Suspended 
forfeiture of $792.00 pay.  Fourteen days extra duty, 
and a reprimand.  (Appeal/Denied) (No mitigation) 

e.  Additional: CR, 21 JUL 04 -  Sustained pattern of poor duty performance. 
LOR/UIF, 05 JUL 04 -  Failure to maintain minimum standards. 
LOR/UIF, 06 MAR 04 -  Failure to go. 

LOC/UIF, 15 FEE 04 -  Failure to go. 
LOR, 10 SEP 02 -  Failure to obey an order. 
LOR, 15 AUG 02 -  Failure to meet the standards of duty 

performance and training. 

LOR, UNDATED -  Failure to obey an order. 
LOR, UNDATED -  Disrespect to a commissioned officer. 
MFR, UNDATED -  Dereliction of duty. 
LOR/UIF, 19 MAR 01 -  Failure to obey an order. 

f.  CM:  None. 

g.  Record of SV: 12 Apr 00 -  11 Dec 01  Tinker AFB 
12 Dec 01 -  11 Dec 02  Tinker AFB 
12 Dec 02 -  11 Dec 03  RAF Alconbury  3  (Annul) 

3  (Initial) 
3  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFEM, AFLSAR, AFOUA W/VALOR W/2 OLCS, 

AFGCM, AFOSLTR. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (09) Mos  (07) Das 
TAMS:  (04) Yrs  (08) Mos  (02) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Em 293) dtd 27 Sep 05. 

(Change Discharge to Honorable) 

Issue 1:  I have been denied contracting &  several federal jobs because of 
my type of discharge,  Also, I'm supporting myself and I need access to better 
jobs. 

ATCH 
1. DD Form 214. 
2. Memorandum For 413 ABS/CC,  16 Sep 04. 

DEPARTMENT OF THE AIR FQRCE 
38M COMBAT SUPPORT WING (USAFE) 

MEMORANDUM FOR 38 CSWICC 

30 November 2004 

FROM:  423 ABSIJA 
-....-.-....-....  --------------- 
SUBJECT:  Legal Review - Involuntary Discharge (-.. .. ..-.. ..-.. . J,  ~1 C,; --------------- 3 
1.  FACTS AND CIRCUMSTACNES: On 24 November 2004,423 ABSICC recommended 
; be involuntarily discharged from the United States Air Force pursuant 
that AlCi - - - - - - - - - - - - - - - - - - ,  
to AFPD 36-32 and AFI  36-3208, paragraphs 5.50.2 (Pattern of Misconduct, Conduct Prejudicial 
to Good Order and Discipline) and 5.1 1.9 (Condition that , - Interferes 
with Military Service, 
Mental Disorder).  423 ABSICC recommended that A1 C: - - - - -:be given an under honorable 
conditions (general) discharge without probation and rehabilitation. 

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

- - - - - 

2.  EVIDENCE: 

a.  Evidence for the Government: For a detailed listing of the misconduct supporting this 
discharge under AFI 36-3208, paragraph 5.50,2, please see 423 ABSICC's Notification 
Memorandum, dated 17 November 2004, paragraphs 2(a)-(k).  For a detailed description 
of the condition supporting this discharge under AFI 36-3208, paragraph 5.1 1.9, please 
see the same Notification Memorandum, paragraph 2(1). 

b.  Evidence for the Respondent:  AlCi 
, - - - - - - , 
matters in his own behalf; however, after consulting with his military counsel, A 1 C; - - - - - 
elected not to present any documents for your consideration. 

;was afforded the opportunity to submit 

------ 

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3. DISCUSSION: As the separation authority in this matter, you should make four 
determinations:  (1) whether a basis for discharge exists; (2) whether an involuntary discharge is 
appropriate in this case; (3) if discharge is appropriate, how the discharge should be 
characterized; and (4) whether probation and rehabilitation is appropriate. 

...- ...., 

a.  Bases for Discharge:  A1 C \ -------- :misconduct and his diagnosed mental disorder 
make him subject to discharge under two provisions of AFI 36-3208.  First, paragraph 
5.50 states that Airmen are subject to discharge for a pattern of misconduct in the current 
enlistment consisting wholly or in part of misconduct more serious than that considered 
under paragraph 5.49 (i.e., failure to comply with nonpunitive regulations or minor 
offenses under the UCMJ). Furthermore, paragraph 5.50.2 states that this pattern of 
misconduct includes actions that tend to disrupt order, discipline, or morale within the 
military community and usually 
mission effectiveness.  A1 C; --------- ;lengthy history of documented misconduct falls 

causing dissent, disruption, and degradation of 

. - - - - - involves 

- - - , 

squarely under this basis for discharge.  Second, paragraph 5.1 1 states that Airmen may 
be discharged based upon a mental condition (in this instance a mental disorder under 
paragaph 5,ll.g) when it is confirmed by a psychiatrist or psychologist that the disorder 
is so severe that the member's ability to function effectively in the military environment 
is significantly impaired.  However, the existence of this condition does not bar 
separation for any other reason authorized in AFI 36-3208 (e-g., misconduct).  Also, 
paragraph 5.1 1 states that discharge under this provision is not appropriate if the 
Airman's record would support discharge for another ~ ~ ~ s w k s u c h  
unsatisfactory performance.  Accordingly, while ~l C! --------- $iagnosed  mental disorder 
is a valid basis for discharge, the primary reason for discharge should be listed as 
misconduct if you use both reasons for discharge. 

as misconduct or 

b.  Ap~ropriateness of Dischawe:  AFI 36-3208, paragraph 6.1.1, lists the factors that you 
.------ Among these factors are the seriousness 
should consider in making this determination. 
of the circumstances that make A1 C 1 - - - - - jsubj ect to discharge, whether those 
circumstances are likely to continue or recur, and whether he has the ability to perform ------. 
his duties effectively now and in the future.  Throughout his Air Force tenure, A1 Ci.. 
has consistently demonstrated a blatant disregard for good order and discipline.  His 
repeated pattern of misconduct at both Tinker AFB and RAF Alconbury has led to 
numerous counselings, reprimands, and ultimately to nonjudicial punishment and a 
------. continued to misbehave, resulting in the 
reduction in rank.  Nonetheless, AlC!------ 
vacation of his suspended nonjudicial punishment.  Given his documented track record, it 
------- --:will change his derelict ways.  Therefore, discharge is appropriate. 
is unlikely ~1 

c.  Characterization of Dischawe:  AFI 36-3208, paragraph 1.17.3, requires that you 
consider the Airman's age, length of service, grade, aptitude, physical, and mental 
condition, and the standards of acceptable conduct and performance for Airmen in 
determining the proper characterization. Paragraph 1.18.2 states that when an Aiman's 
service has been faithful on the whole, yet significant negative aspects of the Aiman's 
conduct or performance of duty outweigh the positive aspects ofhjsrecord, an under 
honorable conditions (general) discharge is appropriate. ~ l d  
misconduct clearly outweighs the positive aspects of his military record, albeit not 
enough to characterize his service as being under other than honorable conditions 
(UOTHC - the worst administrative characterization possible), so a general discharge is 
proper in this,jpt=e. 
It is worth noting that should you approve the discharge based 
only on A1C: C . - . - . - . . ! mental condition (paragraph 5.1 1.9), you would be ---------. 
obligated to give 
him an honorable discharge characterization. However, by using AlC; -------- pattern of 
misconduct (paragraph 5.50.2) as the basis (or at least as one of the bases), you are 
authorized to impart the more suitable general characterization. 

ipattern of 

- - - - - - - - - ,  

d.  Probation and Rehabilitation:  This concept involves the conditional suspension of an 
administrative discharge in deserving cases where a member is given the chance to show 
he or she may still meet Air Force standards. Under AFI 36-3208, paragraph 7.3, an 
Airman must have the potential to serve satisfactorily and the capacity to be rehabilitated 
before an offer of probation and rehabilitation is appropriate. Additionally, it is 

appropriate to do so only when retention on active duty in a probationary status is  ------. 
consistent with the maintenance of good order and discipline in the Air Force.  A1 C i - - - - - j 
has already failed to respond to the unit's numerous xehabilitativea~~pts, and it is 
unlikely any W e r  endeavors will be successhl.  Retaining A I C:  - - - - - :in  the Air Force 
will only serve to degrade mission effectiveness and unit morale, thus an offer of 
probation and rehabilitation is unwarranted in this case. 

I - - - - - - -  

I - - - - -   I 

4.  OPTIONS: As the separation authority, you must direct or recommend one of the following 
courses of action:  (1) direct that A1 C; - - - - - i be discharged, specifying the basis or bases for 
discharge, while determining whether an under honorable conditions (general) discharge or 
honorable discharge is appropriate, with or without a suspension for probation and rehabilitation; 
(2) direct that A1 C; . -. . . ; be retained; (3) if you deem the only appropriate ------. 
basis to be a pattern of 
-  Ci - - - - - j receive an 
misconduct (AFI 36-3208, paragraph 5.50.2) and you still desire that 
honorable discharge, you must recommend to 3 AFJCC that A1 C l-. . . .i  be awarded such a 
discharge characterization; or (4) direct that a board be convened to determine whether A1 C 
, - - - - - - 
; . . . . . i should be discharged with an under other than honorable conditions (UOTHC) discharge. 
NOTE: If you determine that the sole basis for discharge in this case should be for a mental 
disorder (MI 36-3208, paragraph 5.11.9),  further processing must cease until a new Enlisted 
Performance Report is completed in accordance with AFI 36-3208, paragraph 6.4.1. 

- - - - - A1 

5.  RECOMMENDATION:  The evidence in this discharge file is factually and legally 
sufficient to support 423 ABSJCC's recommendations. We recommend you sign the attached 
memorandum directing that A1 C j 
Air Force pursuant to AFI 36-32OgImp&agraphs 5.50.2 and 5.1 1.9 (specifymg the primary reason 
for discharge being paragraph 5.50.2, Pattern of Misconduct, Conduct Prejudicial to Good Order 
and Discipline), with an under honorable conditions (general) discharge.  We further recommend 
that you do not offer probation and rehabilitation in this case. 

jbe  involuntarily discharged from the United States 

. -. -. - - 

6.  If you have any questions about this discharge file, please contact me at DSN 268-3535. 

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

1 

Deputy Staff Judge Advocate 
423d Air Base Squadron 

-  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  
%taff  ~ u d ~ e  Advocate 
423d ~ i r ~ a s e  

Squadron 

k 

DEPARTMENT OF THE AIR FORCE 
COMBAT SUPPORT WING (USAFE) 
3 8 ~ ~  

NOV  1 7 

FROM:  423 ABS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct, Conduct Prejudicial to Good Order and Discipline, and for a Mental Health 
Condition that Interferes with Military Service,  The authority for this action is AFPD 36-32 and 
Am 36-3208, paragraphs 5.50.2 and 5.1 1.9.  If my recommendation is approved, your senice will 
be c h a r a c t a  as honorable or general.  I am recommending that your service be characterid 
as general. 

2.  My reasons for this action are: 

Under paragraph 5.50.2: 

a.  You did, on or about 12 February 2001, disobey a lawful order given by a 
nollcommissioned officer.  For this instance of misconduct, you received a Letter of 
Reprimand, dated 19 March 2001 (Attachment 3), and an Unfavorable Information File, 
dated 22 March 2001 (Attaclummt 4) was established. 

b.  You were, on or about 16 August 2001, derelict in the performance of your duties in 
that you failed to wear web gear while posted on a gate waiving WTic onto base. This 
instancc of misconduct is documeated in a Memorandum for Record, undated 
(Attadmm 5). 

G.  You did, on or about 28 August 2001, disrespect a superior commissioned officer.  For 
this instance of misconduct, you received a Letter of Reprband, undated (Attachment 6). 

d.  You did, on or about 3 September 2001, fail to obey a lawful regulation in that you 
were found waiving traffic onto the base while talking on a personal cell phone and you 
also were found to have a personal television in your possession while on post.  For these 
instances of misconduct, you received a Letter of Reprimand, undated (Attachment 7). 

c.  You were, between on or about 8 August 22002 and on or about 14 August 2002, 
derelict in the perfomce of your duties in that you failed to take adequate steps to finish 
your endsf-course exams for your CDCs in a timely manner.  Also, on or about 15 
August 2002, you again were derelict in the performance of your duties in that you were 
unable to give a proper post briefmg to your fight chief.  For these instances of 
misconduct, you received a Letter of Reprimand, dated 15 August 2002 (Attachment 8). 

f.  You did, on or about 10 September 2002, disobey a la& 
noacommiS~oncd officer.  For this instance of misconduct, you received a Letter of 
Reprimand, dated 10 September 2002 (Attachment 9): 

order given by a 

g.  You did, on or about 11 February 2004, without authority, fait to go at the time 
prescribed to your appointed place of duty, specifically a Nuclear Biological Chemical 
W&e 
Counseling, dated 15 February 2004 (Attachment 10). 

training class.  For this instance of misconduct, you received a Letter of 

h.  You did, on or about 1 March 2004, without authority, firil to go at the time prescribed 
to your appointed place of duty, specifically a squadron commander's call.  For this 
instance of misconduct, you received a Letter of R e p h a d ,  dated 6 Mkch 2004 
(Attachment 11). 

i.  You were, on or about 30 June 2004, derelict in thc pefionnance of your duties in that 
you Wed to meet the minimum requirements of multiple reevaluation quality control 
practical exercises. For this instance of misconduct, you received a Letter of Reprimand, 
dated 5 July 2004 (Attachment  12).  You were also placed on a Control Roster, dated 
2 1 July 2004 (Attachment  13). 

j.  You did, on or about 11 May 2004, without authority, fail to go at tbe time prescribed 
to your appointed place of duty, specifically the Specialty Knowledge Test of you WAPS 
test,  Also, you did, on or about 16 July 2004, without authority again fail to go at. the 
time prescribed to your appointed place of duty, specifically your annual Swurity Forces 
weapons training.  For these instances of misconduct, you received nonjudicial 
punisbent, dated 20 August 2004 (Attachment 14),  for which you were reduced in rank 
fiom SrA to A1C. 

k. You did, on or about 4 October 2004, without authority, fail to go at the time 
prescribed to your appointed place of duty, specifically to the base fitness center for 
mandatory physical fitness training.  For this instance of misconduct, you suspended 
nonjudical punishment was vacated,  dated 21 October 2004 (Attachment  15). 

Under pangraph 5.1 1.9: 

1.  You were diagnosed by Major; ......................  I a licensed clinical psychologist, as 
having a mental disorder so were that your abiity to function effectively in the military 
environment is signif3cmtly impaired.  This is documented in a memorandum, dated 
September 2004 (Attachment  16). 

16 

3.  Copies of the documents to be  forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising 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 specid pay, bonus, or education assistance Arnds may be 
subject to recoupment. 

4.  You have the right to consult counsel. Military legal counsel will be obtained to assist you. 
You may make arrangements to consult an Area Defense Counsel fiom W Lakenheath by 
calling them at 226-3608.  You may also consult civilian c o w l  at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
on  24  /l/ nJ 
separation authority to consider must reach me by 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

OQ- 

2004 

6.  If you fail to consult c o d  or to submit statements in your own beha& your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a mdcal aamhtion.  You must report to the RAF Upwood 
Clinic at 

\ ( 0 i l  

8.  Any personal information you fumish in rebuttal is covered by the Priv  Act of 1974.  A 
copy of AFI 36-3208 is available for 

on  / 9 Ufio  - 2004 for the axamination. 
use at the 413 ABS Orderly wl 

......-.-. .... I .-.-. A ...-.- -  .. . -.-.-...., 

Attachllmts: 
1.  Receipt of Notifiation Memorandum 
2.  Statement of Understandin8 
3.  Letter of Reprimand, dated 19 March 200 1 
4.  AF Form 1058 (UIF),  dated 22 March 200 1 
5.  Memorandum for Record, undated 
6. Letter of Reprimand, undated 
7.  Letter of Reprimand, undated 
8.  Letter of Reprimand, dated 15 August 2002 
9. Letter of Reprimand, dated 10 September 2002 
10.  Letter of Counseling, dated  1 5 February 2004 
1 1.  Letter of Reprimand, dated 6 March 2004 
12.  Letter of R e p h d ,  dated 5 July 2004 
13.  AF Form 1058 (Control Roster), dated 2 1 July 2004 
14. AP Form 3070 CNJP), dated 20 August  2004 
15.  AF Form 366 (Vacation of NJP),  dated 21 October 2004 
16.  Mental Health Evaluation, dated 16 September 2004 
17.  Withdrawal of Authority to Bear and Use Fiearms, dated 16 July 2004