AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI,) 
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mUNSEL  :,,:A 

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NAME O F  COUNSEL ANL) O H  OHCANIZATION 

YES 

NO 
X 

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MEMBER SITTING 

! 

A FSNISSAN 

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

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RECORD REVIEW 

ADDRESS AND OR ORGANLZATION O F  COUNSEL 

HON 

GEN 

UOTHC 

OTHER 

DENY 

I 

I 

I 

I 

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lssuEs  A92.15 
A49.00 
A92.01 
A67.10 
A92.03 

INDEX  NUMBER 

1 

'  ' 

I 

I 

I 

I 

EXHIBlTS SIJBNITFED TO 3"HE  BOARD ' 

1 
2 
3 
4 

ORDER APPOMTMG TI IE  BOAR0 
APPLICATION FOR REVIEW OF DISCIIAKCiL 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE '1'0 THE BOARD 
ADDITIONAL EXI-IIBI'I'S SIJBMI'II'ED A'f  TIME O F  
PERSONAL APPEARANCE 

TAPE RECORDING OF PEKSONAI,  APPEARANCF. 

HEARING DATE 

CASE NllMBER 

APPLI(  A h T  S lSSlrE A W  l l i t  BOARD S DEClSlOhAL  RATIONAL ARE DISCIJSSED  09 THk A l  I AL HED AIR FORCE DISCHARGE REVIEW UOAHU UkCIbIONAL RATIOVALE 

I 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/witl~out 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. 

, ". 
.I--. 

SAFIMRUK 
550 C STREET WEST, SIJI'I'E 40 
KANDOI.PH AFB, TX 78150-4742 

I  FROM: 

SECRETARY O F  THE AIR FORCE PERSONNEL COIINCIL 
AlK E'OKCG UISCHAKGE  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 NUMBEK 

FD-2005-00439 

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 thc 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.  Although not explicitly stated the applicant contends his discharge was inequitable because it was 
too harsh and it wasn't  explained to him that with good behavior he could have cleared his personnel file of 
the Letters of Counseling (1,OC's)  and Letters of Reprimand (LOR'S).  The records indicated the applicant 
received three Letters of Reprimand and two Records of Tndividual Counseling for misconduct.  The LOR'S 
were administered for drug abuse, dereliction of duty, failure to go and violation  of dress and appearance 
standards.  He also received two Records of Individual Counseling for failure to obey a lawful order and 
being late for work.  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.  Applicant  states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

Issue 3.  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 
January  19,2000) 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. 

If he can provide additional documented information to substantiate an issue, the applicant should consider 
exercising his right to make a personal appearance before the Board.  Tf  he should choose to exercisc his 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual 
evidence of the inequity and any exemplary post-service  accomplishments  as well as any contributions to the 
community. 

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. 

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 Eielson AFB, AK on 6 Nov 
02 UP AFI 36-3208, para 5.49 and 5.26.3  (Misconduct -  Minor Disciplinary 
Infractions and Unsatisfactory Performance -  Failure to Progress in On-The-Job 
Training).  Appeals  for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 9 Jan 80.  Enlmt Age:  19 10/12.  Disch Age: 22 9/12. Educ: HS DIPL. 
AFQT: N/A.  A-77,  E-67,  G-52,  M-43. PAFSC: 2W131C -  Aircraft Armament Systems 
Apprentice. DAS: 15 Jun 00. 

b.  Prior Sv:  (1) AFRes 24 Nov  99 -  5 Jan 00  (1 month  12 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 6 Jan 00 for 6 yrs. Svd: 02 Yrs 10 Mo  01 Das, all AMS. 

b.  Grade Status:  SrA -  18 Sun 02 
A ~ C  -  18 Feb 00 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR/UIF, 16 MAY 02 -  Dereliction of duty and failure to go. 

LOR/UIF, 13 MAY 02 -  Violations of dress and appearance. 
RIC, 08 APR  02 -  Late for work. 
LOR, 21 JUN 01 -  Drug abuse. 
RIC, 23 MAR  01 -  Failure to obey a lawful order. 

f.  CM:  None. 

g.  Record of SV: 6 Jan 00 -  31 Aug  01  Eielson AFB  4  (HAF Dir) 
1 Sep 01 -  31 Aug  02  Eielson AFB  3  (Annual) 

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

i.  Stmt of Sv:  TMS:  (02) YrS  (11) Mas  (13) Das 
TAMS:  (02) Yrs  (10) Mos  (01) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 09 Nov 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Forms 214  (Member 4 &  1). 
3. Certificate of Recognition, 
4. Load Training and Certification Document. 
5. Letter of Support, 18 Oct 02. 

Dear Mllitary Dlscharge Board: 

October 21.  2005 

llke to get my dlscharge up graded from a general to an honorable dlscharge, My 

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

My name is I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. 
specialty w a s > ~ 1 3 1 ~  

(Armament Apprentice).  An armament apprentice has 

i and I am writing because I would 

to take two tests to so they can upgrade to a 2W151 C.  I passed my first test, but the 
second series of test,  I didn't pass. I took the test twice and was still unable to pass, I was 
given the optlon to stay In the mllltary or get out, I really dldn't know what I wanted to 
do, and at the time I felt it was best that I got out.  Probably with a little encouragement I 
would have stayed In, 

I really enjoyed my job In the mllitary. I wasn't the perfect airman at flrst. I had 

received three LOC (letter of counseling) and three LOR  (letter of reprimand). The military 
took a whlle to get use to, I was still young and a little immature, In many cases, it takes 
time for first time airman to get adjusted to being so far away from home and away from 
family, 

After getting adjusted I started to perform very well. I recelved Load Crew of the 
Quarter (Oct-Dec 01) and recelved Load Crew of the Month (March, June, July, August 
and September). I also had a 1M)% pass rate on my QA evaluations, Before I was 
discharged from the mllitary I received Load Crew of the Year for the 2002 physlcal year, 
Whlch I have not recelved my Certlflcate or trophy. 

I was never told that with good behavior and my awards that my LOC's and 
LOR's could be thrown out by my flrst-sergeant, It was only mentioned to me after my 
discharge process had already been started. Having these incldents on my record made 
me feel that If I stayed in my career in the military would have gone no where. If I was 
glven thls lnformatlon I feel I would have stayed In the mllltary or recelved an Honorable 
Discharge. 

Below Is a list of my issues from section 8 of my DD form 293 and why I feel my 

discharge was Inequitable: 

1. It wasn't explained to me that with good behavior I could clear my personal 

flle of the LOC's and LOR's that I received. 

2,l was deployed to serve my country durlng war tlme, Also receiving Armed 
Forces Expedltlonary Medal and Alr  Force Outstanding Wnlt Award w/ Valor 
3.1 received 100% pass rates on my Quality Assurance evaluations and Load 

Crew of the Year. 

I hoped that I have explained well enough, why I feel I deserve the chance for an 

Honorable Dlscharge; I also need this Honorable Discharge to recelve my Montgomery 
GI 8111.  As  you know, there aren't clvlllan jobs like an armament apprentice so I'm trylng to 
get an education to better support my family.  Thank you for your time and I appreciate 
your conslderation, 

Sincerely, 

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

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

22 Oct 02 

MEMORANDUM FOR 354 FWICC 

FROM:  354 FWIJA 

SUBJECT:  Legal Review of AFPD 36-32 and M I  36-3208 Discharge Action - SrAi 

------------ 
- ----------- m 

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

; 354 AMXS, PACAF 

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

1.  I have reviewed the discharge package of SrAi ....................... 
sufficient to continue processing this action.  The initiating commander recommends discharge 
pursuant to AFI 36-3208, ~dmiiistrative Separation o f ~ i h e n ,  paragraph 5.49, Misconduct - 
Minor Disciplinary Infractions, and paragraph 5.26.3, Unsatisfactory Duty Performance - Failure 
to Progress in On-the-Job-Training.  The commander further recommends a general discharge 
characterization, without the opportunity for probation and rehabilitation (P&R).  These 
recommendations meet the criteria set forth in M I  36-3208 and are supported by a preponderance 
of the evidence. 

!and consider it legally 

2.  DISCUSSION: 

:failed to 

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

-_ 
to contact his dorm manager to resolve an 

- - - - - - - - , 
a.  In support of this action, the commander cites the following reasons:  (1) SrA  - - - - - - -, 
obey a lawful order given to him by MSgt ;--- ----- --- 
issue concerning his moving from one room to another; (2)  He actively acted as a "look out" 
while a civilian friend smoked marijuana; (3)  He was delinquent in making his Military Star Card 
payment; (4)  He failed to go to his assigned duty location at the prescribed time; (5)  He was not 
in compliance with Air Force Dress and Appearance Standards when reporting to his duty 
location; (6)  He failed to show up for a court appearance in Fairbanks, Alaska, (7)  He failed his 
end-of-course examination with a score of 57; and (8)  He again failed his end-of-course 
examination a second time with a score of 60.  The misconduct is evidenced by three Letters of 
Reprimand, an Unfavorable Information File and two Records of Individual Counseling. The 
CDC failure is documented in the case file as is the opportunity afforded to him after the first 
failure to participate in supervised study during regular duty hours. 

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

b.  The foregoing also supports the commander's recommendation to characterize SrA 

bervice as general.  Had the sole basis for discharge been his failure in on-the-job 

C-..-..-.-.. 

training, an honorable discharge would have been warranted.  However, given his pattern of minor 
disciplinary problems, the significant negative aspects of his conduct outweigh the positive aspects 

This communication is privileged as attorney workproducr andor as an attorney-client communication, or is subject 
to another privilege recognized under law.  Do not distribute, forward  or retransmit without the prior approval of the 

EieLron AFB Legal Oflce. 

of his record,  Further, his service is not otherwise so meritorious that an honorable 
discharge is appropriate nor is his misconduct severe enough to warrant less than a general 
discharge characterization. 

c.  Finally, the commander's recommendation that SrA  - - - - - - -, 

: not be given the opportunity 

. 

by the case file.  The unit attempted, using various methods, to rehabilitate 

- - - - - - is - - supported 
. - - - - - - - - :for continued military service.  However, such attempts have proven ineffective. 

for SrAi P&R 
Continued MR is, therefore, not appropriate for this case. 
3.  ERRORS AND IRREGULARITES:  None.  All procedures required by AFI 36:3208  have 
been properly complied with and the case has been appropriately processed,  SrAi - - - - - - - -, 
:was 
entitled to and did confer with legal counsel.  He submitted matters for your review, which are 
located at tab 6. 

4.  OPTIONS FOR THE SPECIAL COURT-MARTIAL CONVENING AUTHORITY:  As 
Special Court-Martial Convening Authority, you are the separation authority for this action.  You 
may: 

a.  Retain the Respondent in the Air Force; 

b.  Direct the case be reinitiated under another paragraph, if you deem it appropriate; 

c.  Recommend the Respondent be separated citing paragraph 5.49 as the primary reason, 
with an honorable discharge, with or without probation and rehabilitation, and forward the case to 
1 1 AFICC for action; 

d.  Direct the Respondent be separated citing paragraph 5.49 as the primary reason, with a 

general discharge, with or without probation and rehabilitation; or 

e.  Direct the Respondent be separated citing paragraph 5.26.3 as the primary reason, with 

an honorable discharge, with or without probation and rehabilitation. 

5.  RECOMMENDATION:  I find that the reasons listed in the commander's report are sufficient 
to warrant discharge under AFI 36-3208, paragraphs 5.49 and 5.26.3.  Given SrA ------------ iecord 
as a whole, the recommendation that paragraph 5.49, Misconduct - Minor Disciplinary Infractions, 
be the primary basis for discharge is appropriate.  Accordingly, I recommend that he be discharged 

, - - - - - - - - - - - 

This communication is privileged  m attorney work product andlor as an attorney-client communication, or is subject 
to another privilege recognized under law.  Do not distribute, forward  or retrammit without the prior  approval of the 

Eielson AFB Legal OBce. 

from the United States Air Force pursuant to AFT  36-3208, paragraphs 5.49 and 5.26.3, with 
paragraph 5.49 as the primary basis.  I further recommend his discharge be characterized as 
general, without the opportunity for probation and rehabilitation. 

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

I concur. 

b - . . - . - . . - . . - . . - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :  

Assistant Staff Judge Advocate 

L - . . - . . - . . - . . - . . - . . - - - - - - - - - - - - - - p - - - - * - - - - - - - - - - - - - - :  

Deputy Staff Judge Advocate 

This communication is privileged  ar attorney workproduct andlor as an attormy-client communication, or is subject 
to another privilege recognized under law.  Do not distribute, forward  or retransmit without the prior approval of the 

Eielson A FB Legal Ofice. 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR SRA! 

............................................ 
. -. . . . -. . -. . -. . -. -. - - - - - - - - - - - - - - - - - - - - - - - - -:, 

: 354 AMXS, PACAF 

FROM:  354 AMXSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions and Unsatisfactory Duty Performance - Failure to Progress in On-the-Job Training, 
The authority for this action is AFPD 36-32 and AFI 36-3208, paragraphs 5.49 and 5.26.3.  If my 
recommendation is approved, your service will be characterized as honorable or general.  I am 
recommending that your service be characterized as general. 

2.  My reasons for this action are as follows: 

........., a.  On or about 19 Mar 01, you failed to obey a lawful order given to you by MSgt: -------- , 
.-------- 
io contact your dorm manager to resolve an issue concerning your moving from one room 
to another.  For this infraction, you received a Record of Individual Counseling, dated 23 Mar 01 
(Atch 1). 

m 

---------. 

b.  Between on or about 20 Feb 01 through on or about 23 Apr 01, you actively acted as a 

"look out" while a civilian friend smoked marijuana.  For this, you received a Letter of 
Reprimand, dated 21 Jun 01 (Atch 2). 

c.  On or about 29 Nov 01, you were delinquent in making your Militmy Star Card 

Payment.  For this infraction, your charge and check-cashing privileges were suspended (Atch 3). 

d.  On or about 8 Apr 02, you failed to go to your assigned duty location at the prescribed 
time.  For this infraction, you received a Record of Individual Counseling, dated 8 Apr 02 (Atch 
4)- 

e.  On or about 10 May 02, you were not in compliance with Air Force Dress and 

Appearance Standards when reporting to your duty location.  For this infraction, you received a 
Letter of Reprimand, dated 13 May 02 (Atch 5). 

f.  On or about 16 May 02, you failed to show up for a court appearance in Fairbanks, 

Alaska.  For this infraction, you received a Letter of Reprimand, dated  16 May 02 (Atch 6). 

g.  On or about 20 Jun 02, you failed your end-of-course examination with a score of 57. 

As a result, you were placed on mandatory study time (Atch 7).  Then on or about 28 Aug 02, 
you again failed your end-of-course examination a second time with a score of 60.  This 
discharge action was then initiated (Atch 7). 

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 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 funds may 
be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal 
I have made an appointment for you to consult Capt \-- --- ----- --- --- --- -- - -, 
Counsel, Building 3 112, Room 143, Eielson AFB, Alaska, on  IL  OL+ 03 at  &We  /L/30  . 
You may consult civilian counsel at your own expense. 

counsel has been obtained to assist you. 

: Area Defense 

,  ...................... 

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 (3 duty days) a\ O G ~ ,  2 ~ 3 ,  , 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 the Physical 
Examination Section, 3 54th Medical Group, Building 3349, at  1 0 0  o  on  17  OG+ Oa 
examination. 

for the 

8.  Any personal information you M s h  in rebuttal is covered by the Privacy Act of 1974. A 

&AFI 36-3208 is available for your use in your orderly room. 

,-----.----------------.----------------------, 

............................................... 
Commander, 354 AMXS 

Attachments: 
1.  AF Form 174, dtd 23 Mar 0 1 
2.  Ltr of Reprimand, dtd 2 1 Jun 0 1 (2 pgs) 
3,  Military Star Card Memo, dtd 29 Nov 01 
4.  AF Farm 174, dtd 8 Apr 02 
5.  Ltr of Reprimand, dtd 13 May 02 
6.  Ltr of Reprimand, dtd 16 May 02 w l M  Forms 1058 and 1 137 (4 pgs) 
7.  Student History Query, dtd 1 1 Sep 02 (3 pgs) 
8.  Report of Investigation, dtd 26 Apr 01 (9 pgs)