NAME OF SERVICE MEMBER (I,AST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GHAI)E 

I  AFSNISSAN 

I'YPP GEN 

'OUNSEL 

YES 

No 

I 

PERSONAL APPEARANCE 

NAME OF COUNSEI. ANUOH OUGANIZATION 

RECORD REVIEW 

X 
AUI)RKSS AN13 OH OUGANIZATION OF COUNSEL 

MEMBER SITTING 

- -  

llON 

I 

VOTE OP'I'HE BOARD 

GEN 

. -- 

I  UOTHC 

I 

0.1.111  R 

I 

LXNY 

ISSUES 

A92.01 

INDEX NUMBER 

A67.10 

'  1  I  ORDER APPOINTING  THE BOARD 
2  1  APP1,ICATION  FOR  REVIEW OF DISC1 IAKGE 
3  1  LETTER OF NOTl171CA'I'ION 
1  HRlEF OF PERSONNEL  FILE 
4 
COUNSL.,I.'S REI.EASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMI'1"I'F.I) A I'  TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING  OF PERSONAI. APPEARANCE HE 

IIEARINC DATE 

CASE NUMBER 

I 

14 Sep 2006 
APPLICANT'S  ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW B O A W  DECISIONAL RATIONALE 

I 

I 

I 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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. 

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

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR  FORCE PLRSONNEI.  COlJNClL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, eE WING, 3RD FLOOR 
ANDHEWS AFR, MO 10162-7002 

1 

(EF-V2) 

P r e v i o u s  edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATIONALE 

CASE NIJMBER 

FD-2005-00442 

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 oS discharge. 

ISSUE: 

Issue  1.  Although not explicitly stated, the applicant suggested that his discharge was inequitable because it 
was too harsh based upon his family problems.  He stated that his wife had committed suicide and he had 
difficulty putting his job ahead of his family. The records indicated the applicant received an Article  15, five 
Letters of Reprimand, and a Record of Individual Counseling for misconduct.  The applicant was disciplined 
with five Letters of Reprimand for making false official statements on two separate occasions, failure to go 
on three occasions, failure to perform duties and engaging in indecent acts or liberties with a child.  The 
applicant had further misconduct and the basis for his discharge when he received an Article 15 for 
disobeying a no contact order.  He was punished with a reduction in grade to airman with the reduction 
below airman first class suspended.  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 contends that he was an "ideal"  airman and 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. 

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 

W R E W S  AFB, MD 

(Former A1C)  (HGH SRA) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Mountain Home AFB, ID on 
7 May 04 UP AFI  36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 18 Feb 77.  Enlmt Age: 22 2/12.  Disch Age: 27 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-99,  E-97,  G-98,  M-91. PAFSC: 2A353A -  F15 Tactical Aircraft 
Maintenance Journeyman.  DAS: 2 Apr 03. 

b.  Prior Sv: (1) AFRes 4 May 99 -  11 May 99 (08 das) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as A m  12 May 99 for 6 yrs. Svd: 04 Yrs 11 Mo 26 Das, all AMS. 

b.  Grade Status:  A1C  -  11 Mar 04 (Article 15, 11 Mar 04) 

SrA -  05 Mar 02 
A1C  -  05 NOV 99 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 11. Mar 04, Mountain Home AFB, ID -  Article 92.  You, 

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

. - - - - - - - - - - - - - - - - - - - - . I  

L..-..-..-..-..-..----------l 

:to have no contact with : 

having knowledge of a lawful order issued by Lt Col 
............................ 
an order it was your duty to obey, did, on or about 12 
Feb 04, fail ,f;~..RbR~..f;he..~,ame by wrongfully having 
contact with i ......................  i.  Article 86.  You did, on or 
about 31 Jan 04, without authority, absent yourself from 
your unit, to wit:  366th Aircraft Maintenance Squadron, 
located at Mountain Home AFB, ID, and did remain so 
absent until on or about 2 Feb 04.  Reduction to Amn, 
with reduction below A1C suspended.  Reprimand. 
(No appeal)  (No mitigation) 

e.  Additional: LOR, 20 APR 04 -  Engaged in indecent acts or liberties with 

RIC, 09 DEC 03 -  Failure to obey a lawful order given by a 

a child. 
SNCO . 

LOR, 14 JUL 03 -  Failure to properly perform duties. 
LOR, 16 APR 03 -  Failure to go. 
LOR, 05 AUG 02 -  Failure to go on two occasions and making 

LOR, 18 JUL 02 -  Made a false official statement to a SNCO. 

a false official statement, 

DEPARTMENT OF THE AIR FORCE 

366TH AIRCRAFT MAINTENANCE SQUADRON (ACC) 

MOUNTAIN HOME AIR FORCE BASE IDAHO 

MEMORANDUM FOR A ~ C  

-----------------------------------------------------. 
i L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

.z3fAi'flac/ 

FROM:  366 AMXSICC 

SUBJECT:  Notification Memorandum 

1. 
I  am  recommending your  dischge  fi-om  the  United  States  Air  Force  for  Minor  Disciplinary 
hfkactions.  The authority for this action is AFPD 36-32 and AFI 36-3208, under the provisions of AmPD 
36-32  and  AFI  36-3208,  paragraph  5.49. 
If  my  recommendation is  approved,  your  service can  be 
I  am 
characterized  as  honorable,  general,  or  under  other  than  honorable  conditions  (UOTHC). 
recommending that your service be characterized as general. 

2.  My reasons for this action are that: 

a.  On diverse  occasions, you  engaged  in indecent  acts or  liberties with a child.  As  a result,  you 

received a Letter of Reprimand (LOR), dated 20 Apr 04.  (Atch I). 

b,  On or about 12 Feb 04, you failed to obey a lawful order given by the commander.  Between, on, or 
about  31  Jan  04  and  02 Feb  04,  you  were Absent  Without  Leave from your unit.  As a  result,  you 
received an Article 15, UCMJ, dated 1 1 Mar 04.  (Atch 2) 

c. Between, on, or about  27 Oct  03 and  28  Oct  03,  you  failed to obey a  Senior Noncommissioned 
Officer  by  not  receiving your  fld shot  when told  to  do  so.  As  a  result, you  received a  Record  of 
individual Counseling (RIC), dated 09 Dec 03.  (Atch 3) 

d.  On or about 08 Jul03, you failed to properly perform a Thru-Flight Inspection on Aircraft 86-0 179. 

As a result, you received a LOR, dated 14 Jul03.  (Atch 4) 

$g 

2 1 

e.  On or about 09 Apr 03, you  failed to show to  your  appointed place of duty, buildingm,  As  a 

result, you received a LOR, dated 16 Apr 03.  (Atch 5) 

f.  On or about 26 Jul02, you failed to show to an appointment,  On or about 05 Aug 02, you failed to 
show to your appointed place of duty, building 53 12, Elmendorf AFB, AK.  As a result you received a 
LOR, dated 05 Aug 02.  (Atch 6) 

g.  On or about  11 Jul 02, you made a false official statement to a Senior Noncommissioned Officer. 

As a result you received a LOR, dated 18 Jul02,  (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 a higher authority will 
make the final decision in this matter.  If you are discharged, you will be ineligible for reenlistment in the 
Air Force and will probably be denied enlistment in any component of the armed forces.  Any special 
pay, bonus, or education assistance funds may be subject to recoupment. 

4.  You have the'right to consult counsel.  Military legal counsel has been obtained to assist you.  I made 
an appointment  for you  to consult with the Area Defense Counsel, on  9 3 PPL 
at 
lY@  hours in buildkg 2310.  The telephone numbet is 828-2675.  You may consult civilian counsel at 

Global Power for America 

* 

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 within three workdays of the date of this memorandum unless you 
request and receive an extension for good cause shown.  1 will forward 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 hblic Health Section 
at the hospital  on Mountain Home AFB  on  2 7 A P e  I L  d y 
at  (a3 o  hours.  The telephone 
number is 828-7280. If you wear glasses, wear them to the scheduled examination. 

8.  Any  personal  information  you  furnish  in  rebuttal  is  covered  by  the  Privacy  Act  of  1974. 
Additionally, a copy of AFI  36-3208 is available for your use in the Area Defense Counsel's office or 
your squadron orderly room. 

9.  You  will  surrender your  ID  card  to  me  immediately.  Proceed  with  this  letter  to  the  Military 
Personnel  Flight  (MFjF),  Customer  Service,  Building  512,  Mountain  Home  AFB  no  later  than 
1;/  1  s d  23&flyj&hae  you will be issued a temporary ID  card good for 90 days.  If the 
discharge action is still pending at the end of 90 days, another temporary ID card will be issued to you 
until the case is finalized. 

10.  Proceed with this letter to the Security Forces, Pass and Registration Section, Building 7001, Visitor 
Control Center, no later than yti (fl b d  j  &PI & && ~ $ 1  where you will  turn in your Mountain Home 
AFB vehicle sticker and your  DO^ vehicle decal after dhich you will be issued a temporary vehicle pass 
good for 90 days.  If the discharge action is still pending at the end of 90 days, another temporary vehicle 
decal will be issued to you until the case is finalized. 

1 1. Proceed with this letter to the Traffic Management Office (TMO), in building 512, immediately after 
receiving your separation orders from the Separations Section at the MPF for arranging shipment of your 
household goods. 

7 Attachments: 
1.  LOR, dated 20 Apr 04 
2.  Art  15, dated 15 Mar 04 
3.  NC, dated 09 Dec 03 
4.  LOR, dated 14 Jul03 
5.  LOR, dated 16 Apr 03 
6.  LOR, dated 05 Aug 02 
7.  LOR, dated 18 Jul02