AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE GEN 
3 N 9 8 b  : NAME OF COUNSEL AND OK OIN;ANIZA  I  ION 

PERSONAL APPEARANCE 

YES 

No 
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GRADE 

1  AIC 

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ADDRESS A N D  OR ORGANILA [ I O N  OF COUNSEL 

RECORD REVIEW 

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ISSUES 

A94.05 

INDEX NUMBER 

A49.00 

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HEARING  DATE 

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I  ORDER APPOINTTNG THE BOARD 

'  ECXHlEII$$  BUBMITTED TO THE BOAR0 

1  1 
2  1  APPLICATION  FOR REVIEW OF DISCHARCiE 
3  1  LETTER 01:  NOTIFICATION 
1  BRIEF OF PERSONNEL FILE 
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COUNSEL'S RELEASE '1'0  I'HE  BOARD 
ADDITIONAL EXHIUITS SUBMITTED AT TIME OF 
PERSONAI,  APPEARANCE 
I  TAPE RECORDING  OF PEKSONAL APPEARANCE 

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28 Jul2006 
APPLICANT'S ISSUE- AVD THEBOARD'S DEiISlOK.4L RATIOKAI.  ARE DISCUSSLD ON THE ATTACHtD AIK FORCE  DISCHARGE KEVlEW BOARD DECiSlOhAL  RATlOhALt: 

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Case heard in Washington, D.C. 

Advise applicant of the dccisioil of the Board, the right to a personal appearance withtwithout  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 WE$ I, SUI f t  41) 
RANDOI,PH  AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

AIR  kORC L DISC HAKGE HEVIEW BOARD 
1535 COMMAND UR, EE WING, 3RD FLOOR 
ANDHEWS A ~ B ,  M U  20762-7002 

E PERSONNEL COIINC 1L 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMRER 

FD-2005-00446 

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 of discharge. 

ISSUE: 

Issue  1.  Although not explicitly stated, the applicant contends his discharge was inequitable because it was 
too harsh.  He states that he was not given the opportunity to retrain and the reason for discharge as an 
unsatisfactory performer is not justified.  The records indicated the applicant received four Letters of 
Reprimand, two Letters of Counseling, a Memorandum for Record, and a Letter of Evaluation for 
misconduct.  The records also indicate applicant had two End of Course failures.  In reverse order of 
occurrence, applicant failed two End of Course Exams by scoring 56 and 60, which is below the minimum 
required passing  score of 65.  He failed to complete the Motivational  Flight course due to substandard 
performance, failure to accept responsibility for his actions and the inability to comply with training 
standards.  He received Letters of Reprimand for dereliction of duty and being late for duty on repeated 
occasions.  He was further counseled for misuse of a government computer and failure to go.  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. 

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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB, MD 

(Former AlC)  (HGH AlC) 

1 .   MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF Moody AFB, GA on 29 Jul 
03 UP AFI  36-3208, para  5.26.1  (Unsatisfactory Performance).  Appeals  for 
Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 7 Aug  81.  Enlmt Age:  18 1/12.  Disch Age: 21 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-86,  E-72,  G-66,  M-68. PAFSC: 2A532B -  Helicopter Maintenance H- 
60 Apprentice. DAS: 29 Aug  02. 

b.  Prior Sv:  (1) AFRes 28 Sep 99 -  1 Feb 00  (4 months 4 days) (Inactive). 

3 .  

SERVICE  TJNDER  REVIEW: 

a.  Enlisted as AB 2 Feb 00 for 6 yrs. Svd: 03 Yrs 05 Mo 28 Das, all AMS. 

b.  Grade Status:  A1C -  17 Mar 00 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 02 JUL 03 -  Late for duty. 

MEMO, 01 JUL 03 -  Using tobacco in unauthorized locations, 
wearing the wrong hat, failing to follow 
technical data, and being late for work. 

LOR, 25 JUN 03 -  Late for duty. 
LOC, 02 JUN 03 -  Failure to go. 
LOCI 15 NOV 02 -  Misuse of government computer. 
LOE, 23 MAY 02 -  Using canteen as a spittoon and lying 

about it while assigned to the 
Motivational Flight, failing as a result 
of it. 

LOR, 08 APR 02 -  Late to work. 
LOR, 05 APR 02 -  Dereliction of duty. 
EOC, 27 APR 01 -  Failure of End of Course Examination. 
EOC, 15 JUN 01 -  Failure of End of Course Examination. 

f .   CM:  None. 

g.  Record of SV: 01 Feb 00 -  01 Oct 01  Moody AFB  5  (Initial) 

02 Oct 01 -  30 Jul 02  Moody AFB  2  (Cmdr Dir)REF 
30 Jul 02 -  12 Feb 03  Moody AFB  4  (Cmdr Dir) 
13 Feb 03 -  30 Jun 03  Moody AFB  2  (Cmdr Dir)REF 

h.  Awards  &  Decs:  AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (10) Mos  (02) Das 
TAMS:  (03) Yrs  (05) Mos  (28) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Nov  05. 

(Change Discharge to Honorable) 

Issue 1:  T  feel the discharge I received was not only the incorrect one, I 

should have been given the opportunity to retrain in a Military Occupational 
Specialty within the needs of the United States Air  Force.  I do not feel a 
discharge for Unsatisfactory Performance was justified for being late, allegedly 
not turning in a tool, and bringing a toy in to work.  I failed my CDC's  (sic) 
and was given a waiver for my 5 level.  Then I was told that I would be 
retrained in another MOS and that never happened.  I gave 110% all the time.  I 
feel the easy way out for the Air  Force was to discharge me.  Hopefully this 
board will see it was not the correct way of handling my situation. 

ATCH 
1. DD Form 214. 
2. Three Enlisted Performance Reports. 
3. Memorandum For 347 MOS/MXOT,  11 Oct 02. 
4. Memorandum For 347 MOS/MXOT, 08 Oct 02. 
5. Memorandum For 347 MOS/MXOT,  17 Oct 02. 
6. Memorandum For 347 MOS/MXOT, 25 Sep 02. 
7. Three Letters of Support. 
8. Letter of Reprimand, 14 Feb 03. 
9. Letter of Reprimand, 05 Apr 02. 
10. Letter of Counseling, 15 Nov 02. 

TO 

ACTION 

1  ROW/CCC  Coord  ! 

L..-..-.IA.-.I.-..-....-..crrL.. 

TO 

ACTION 

A 

--,.,- 

SIGNATURE (Fumme), GRADE AND DATE 

.. ..--- 
.- .. 

STAFF SllMMARY SHEET 

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RQWICC 

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sign- 

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SURNAME OF ACTION MRCER MU W E

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-.----]'-SUSPENSE 

DATE 

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Administrative Separation - A1C I ................................... 
SUMMARY 
1.  Tab I contains a letter for 347 RQWICC's signature directing that A1Ci 
honorable conditions (general) discharge without an opportunity for probafibii kid-fe-fiibilitation (P&R).  Tab 2 conta~ns 
347 AMXSICC's recommendation for an under honorable conditions (general) discharge without P&R for 
unsatisfactory job performance and the case file.  Tab 3 contains the legal review finding the basis for the discharge to 
be legally sufficient. 

:be separated with an under 

' 347 AMXS 
:, 

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:consulted military counsel and submitted a response requesting that he be retained, or in the 

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,L - - - - - - - - - - - . 

2.  AlC: 
alternative, receive an honorable discharge. 

1 3.  347 AMXSICC does not recommend barment. 
1 4.  As the Special COW-Martial Convening Authority, you have the following options: 

a,  Direct that AIC 

.------------ 
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ibe retained; 

b.  Approve an honorable discharge with or without the opportunity for P&R; or 

c.  Approve an under honorable conditions (general) discharge with or without P&R. 

RECOMMENDATION 
5.  RQWICC sign the letter at Tab  1 ordering AICc ............ be discharged under honorable conditions (general). 
,.... .RA...L ...................... 

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t 
SIiRXidge Advocate 

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3 Tabs 
1. RQWICC Memo, Barment Letter 
2, Case File 
3. Legal Review 

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DEPARTMENT OF THE AIR FORCE 

347TH RESCUE WING (ACC) 

MOODY AIR FORCE BASE, GEORGIA 

MEMORANDUM FOR AlC! 

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

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

15 July 2003 

; 347 AMXS 

FROM:  347 AMXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for failure to perform 
assigned duties properly.  The authority for this action is AFI 36-3208, paragraph 5.26.1.  If my 
recommendation is approved, your service will be characterized as honorable or under honorable 
conditions (general).  I am recommending that your service be characterized as under honorable 
conditions (general). 

2.  My reasons for this action are as follows: 

a.  On or about 27 Apr 01, you took the End of Course Exam (EOCE) and scored 56 
percent, which is below the minimum required passing score of 65 percent.  This was 
noted in a copy of your Course Examination (Atch la). 

b.  On or about 15 Jun 01, you took your second EOCE and scored 60 percent, which is 
below the minimum required passing score of 65 percent.  This was noted in a copy of 
your Course Examination (Atch la). 

c.  On or about 4 Apr 02, you were derelict in the performance of your du.ties, to wit: you 
left your duty section without properly accounting for your tools.  For this offense you 
received a Letter of Reprimand (LOR), dated 5 Apr 02 (Atch lb). 

d.  On or about 5 Apr 02, you were derelict in the performance of your duties, to wit: you 
were late reporting to your duty section.  For this offense you received a LOR, dated 8 
Apr 02 (Atch 1 c). 

C.............. 

e.  On or about 23 May 02,41 RQSICC received a Letter of Evaluation (LOE) from TSgt 
--------------- 
1 Motivational Flight Chief.  While assigned to the Motivational Flight, you 
used your canteen as a spittoon.  When asked about the contents of the canteen, you 
stated that it was tap water from  your apartment.  After pouring out several cups of 
tobacco juice,  you continually denied using tobacco.  You failed the Motivational Flight 
because of these actions (Atch Id). 

f.  On or about 13 Sept 02, you received a referral Enlisted Performance Report (EPR). 
You were rated ineffective for how well you supervise/lead and rated does not comply 
with minimum training requirements.  The rater commented "Unsatisfactory attitude 
toward training-lacked  drive to complete upgrade training waiver requirements 
following two career development course failures-removed 
from upgrade training for 
inadequate progress."  "Failed to complete the Motivational Flight course-substandard 
performance due to integrity issues, failwe to accept responsibility for his actions, and 
inability to comply with training standards--could  translate to aircraft maintenance and 
jeopardize life and equipment." 

g.  On or about 15 Nov 02, you did, use government property in an unauthorized manner 
during duty hours, to wit: used the Internet to identify collectible action figures (toys). 
For this offense you received a Letter of Counseling (LOC), dated 15 Nov 02 (Atch 1 e). 

h.  On or about 6 Feb 03, I notified you that I intended to recommend you be discharged 
under honorable conditions (general) for failure to perform assigned duties properly.  I 
later withdrew my ,-..... 
request in favor of a "90-day observation period."  On 1 Sul03, your 
supervisor, SSgt I . . . . .:' ' documented your progress during that observation period.  In his 
report, he refers to several instances of verbal counseling for using tobacco in 
unauthorized locations, wearing the wrong hat, failing to follow technical data, being late 
for work (Atchs If and lg). 

i,  On or about 2 Jun 03, you did, fail to report to your duty section on time.  For this 
offense you received a LOC, dated 2 Jun 03 (Atch lh). 

j.  On or about 25 Jun 03, you were derelict in the performance of your duties.  For this 
offense you received a LOR, dated 25 Jun 03 (Atch 1 i). 

k.  On or about 2 Ju103, you did, report late to your duty section.  For this offense you 
received a LOR, dated 2 Jul03 (Atch lj). 

1.  On or about 14 Jul03, you received a referral Enlisted Performance Report (EPR). 
You were rated "Inefficient, an unprofessional performer" for how well you performed 
assigned duties, "fails  to meet minimum standards," and "ineffective" in how well you 
supervise/lead."  The rater's comments included, L'Nurnerous infractions related to 
tobacco use policy and dress and appearance," Improvement counseling does not last," 
"Works up to par only under direct supervision," 

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 will probably be precluded from enlistment in any 
component of the armed forces,  Any special pay, bonus, or education assistance funds may be 
subject to recoupment. 

MEMORANDUM FOR 347 AMXSICC 

15 July 2003 

SUBJECT:  Receipt of Notification Memorandum 
1.  I received the notification memorandum, dated 15 July 2003 at  0 q x0 
IF 

hrs on the 
day of July 2003, informing me of processing according to AFI 363208, paragraph 

5.26.1. 

2.  I understand that I have the right to: 

a.  Consult counsel. 

b.  Submit statements in my own behalf. 

c.  Waive either of the above rights. 

3.  I acknowledge that: 

a.  I have received copies of the documents to be forwarded to the separation authority in 
support af the recommendation for my discharge. 

b.  I have been given an appointment to consult military counsel. 

4.  I understand that: 

a.  This action may result in my discharge from the Air Force with an honorable discharge. 

b.  My failure to consult counsel or to submit statements will constitute a waiver of my 
rights to do so. 

34TTH RESCUE WING (ACC) 

MOODY AIR FORCE BASE, GEORGIA 

6 February 2003 

MEMORANDUM FOR A 1 Ci 

L . . - . - . . . . - . - . . . . - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r n  

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5 347 AMXS 

FROM:  347 AMXSICC 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for failure to perform 
assigned duties properly.  The authority for this action is AFPD 36-32 and AFT  36-3208, 
paragraph 5.26.1.  If my recommendation is approved, your service will be characterized as 
honorable or under honorable conditions (general).  I am recommending that your service be 
characterized as under honorable conditions (general). 

2.  My reasons for this action are as follows: 

a.  On or about 27 Apr 01, you took the End of Course Exam (EOCE) and scored 56 percent, 
which is below the minimum required passing score of 65 percent.  This was noted in a copy 
of your Course Examination (Atch la). 

b.  On or about 15 Jun 01, you took your second EOCE and scored 60 percent, which is below 
the minimum required passing score of 65 percent.  This was noted in a copy of your Course 
Examination (Atch 1 a). 

c.  On or about 4 Apr 02, you were derelict in the performance of your duties, to wit: you left 
your duty section without properly accounting for your tools.  For this offense you received a 
Letter of Reprimand (LOR), dated 5 Apr 02 (Atch lb). 

d,  On or about 5 Apr 02, you were derelict in the performance of your duties, to wit: you 
were late reporting to your duty section.  For this offense you received a LOR, dated 8 Apr 
02 (Atch 1 c). 

e.  On or about 23 May 02, you received a Letter of Evaluation (LOE) from TSgt I - - ----mi 
------- 
: Motivational Flight Chief,  While assigned to the Motivational Flight you did use your 
1......3 
canteen as a spittoon.  When asked about the contents of the canteen, you stated that it was 
tap water from your apartment.  After pouring out several cups of tobacco juice, you 
continually denied using tobacco.  You failed the Motivational Flight because of these 
actions (Atch ld). 

-------- 

f.  On or about 13 Sept 02, you did, receive a referral Enlisted Performance Report (EPR). 
You were rated ineffective for how well you supervise/lead and rated does not comply with 
minimum training requirements.  The rater commented "Unsatisfactory attitude t o w d  
training-lacked  drive to complete upgrade training waiver requirements following two 
career development course failures-removed 
progress."  "Failed to complete the Motivational Flight course--substandard  performance 
due to integrity issues, failure to accept responsibility for his actions, and inability to comply 
with training standards---could  translate to aircraft maintenance and jeopardize life and 
equipment." (Atch 1 e) 

from upgrade training for inadequate 

g.  On or about 15 Nov 02, you did, use government property in an unauthorized manner 
during duty hours, to wit: used the Internet to identify collectible action figures (toys).  For 
this offense you received a Letter of Counseling (LOC), dated 15 Nov 02 (Atch 1 f). 

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 will probably be precluded from enlistment in any 
component of the armed forces.  Any special pay, bonus, or education assistance h d s  may be 
subject to recoupment. 

3.  You have the right to consult counsel.  Military legal 
I have made an appointment for you to consult Capt- -- ----- ----- -- -; Area Defense Counsel, in 
Building 5 107 Austin Ellipse, Moody AFB, GA, extension (DSN) 460-3421, on 7 Februarv 
2003 at 0900 hrs.  Please take your copy of this Notification Memorandum and attachments with 
you to your appointment.  You may consult civilian counsel at your own expense. 

counsel has been obtained to assist you. 

,- 

4.  You have the right to submit a statement in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after receipt of this 
notification letter unless you request and receive an extension for good cause shown.  I will send 
them 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 the Moody Air 
Force Base Hospital, Public Health, Building 3296, on 10 Februarv 2003 at 1020 hrs for the 
examination.  This is a mandatory appointment.  Be sure to bring your medical records to this 
appointment. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AF136-3208 is available for your use in the orderly room. 

8.  Execute the attached acknowledgment and return it to me immediately. 

L..-.-..-..-..-..-.------------------------' 

Commander, 347 AMXS 

Attachments: 
1.  Supporting Documents, Reasons for Discharge 

a.  Copy of Course Examination, 27 Apr 01 
b.  Copy of Course Examination, 1 5 Jun 0 1 
c.  LOR, 5 Apr 02 
d.  LOR, 8 Apr 02 
e.  LOE, 23 May 02 
f.  Referral EPR, 13 Sept 02 
g.  LOC, 15 Nov 02 

2.  Receipt of Notification Memorandum