AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

1  AFSNISSAN 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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rYpE  GEN 

PERSONAL APPEARANCE 

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1 NAME OF COUNSEL AND OR ORGANIZATION 

'OUNSEL 

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GRADE 

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RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

VOTE OF THE BOARD 

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UOTHC 

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OTHER 

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ISSI'ES 

EXHIBITS SUBMITTED TO THE BOARD 

IYDES NLIHBER 

A94.05 

A49.00 

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1 
ORDER APPOINTING THE BOARD 
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APPLICATION FOR REVIEW OF DISCHARGE 
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LETTER OF NOTIFICATION 
1  4  1  BRIEF OF PERSONNEL FILE 

HEARING DATE 

24 Aug 2006 

/  CASENUMBER 

Case heard in Washington,  D.C. 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE HE 

1 

Advise applicant of the decision of the Board, the right to a personal  appearance withlwithout 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. 

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S AFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

FROM 

DATE:  8/30/2006 

SECRETARY OF TllE AIR  FORCE PERSONNEL COI'NCIL 
AIR FORCE DISCHARGE REVIEH BOARD 
153SCO\IMAYD  DR. EE HIYC.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 NUMBER 

FD-2005-00452 

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, applicant contends discharge was inequitable because it was too 
harsh.  The records indicated the applicant received two Article  15's, a Vacation, two Letters of Reprimand, 
six Letters of Counseling, and a Memorandum for Record for misconduct.  The two Article  15's and 
Vacation action were as a result of being absent from place of duty.  He was punished the first time with a 
suspended reduction in grade to airman first class and 14 days of extra duty.  The second punishment was a 
reduction to airman first class.  The third and final punishment was a reduction in grade to airman.  The 
records further indicated the applicant had twelve disciplinary infractions within a six month period of time 
for failures to go; reporting late for duty; failure to report for physical training; and misuse of government 
travel card.  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 during his initial 
enlistment.  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 stated he was told his discharge could be upgraded.  While a discharge may be 
upgraded, the upgrade is by no means automatic.  A discharge is upgraded only if the applicant and the DRB 
can establish an inequity or impropriety took place at the time of discharge.  In this case, none was found, so 
the Board denied the appeal. 

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 AMN)  (HGH SRA) 

1.  MATTER UNDER  REVIEW:  Appl recld a GEN Disch fr USAF Charleston AFB, SC on 19 
Feb 99 UP AFI 36-3208, para 5.26.1  (Unsatisfactory Performance).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Aug 71.  Enlmt Age: 23 1/12.  Disch Age: 27 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-36,  E-63,  G-78,  M-62. PAFSC: 33351 -  Structural Specialist. 
DAS: 4 Jun 97. 

b.  Prior Sv:  (1) AFRes 26 Oct 94 -  16 Nov 94 (21 days) (Inactive). 

21 days, all AMS.  AMN -  17 May 95.  A1C -  17 Mar 96.  SrA -  17 Nov 97.  EPRs: 
5,5. 

(2) Enlisted as AB  17 Nov 94 for 4 yrs.  Svd:  3 yrs 1 month 

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 9 Jan 98 for 4 yrs. Svd: 01 Yrs 01 Mo 10 Das, of 

which AMS is 01 yr 01 month 09 days (excludes 1 day lost time). 

b.  Grade Status:  Amn -  26 Jan 99 (Article 15, 26 Jan 99) 

A1C  -  20 Nov 98 (Vacation of Article 15, 09 Dec 98) 

c.  Time Lost:  04 Mar 99 thru 05 Mar 99  (1 day). 

d.  Art  15's:  (1) 26 Jan 99, Charleston AFB, SC -  Article 86.  You did, 

on or about 4 Jan 99, without authority, absent yourself 
from your unit, and did remain so absent until on or 
about 5 Jan 99.  Reduction to Airman.  (No appeal) (No 
mitigation) 

(2) 09 Dec 98, Vacation, Charleston AFB, SC -  Article 86. 

You did, on or about 27 Nov  98, without authority, 
absent yourself from your appointed place of duty at 
which you were required to be and did remain so absent 
until on or about 30 Nov 98.  Reduction to A1C. 
(No appeal)  (No mitigation) 

(3) 20 Nov 98, Charleston AFB, SC -  Article 86.  You did, 

on or about 15 Oct 98, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
You did, on or about 21 Oct 98, without authority, fail 
to go at the time prescribed to your appointed place of 
duty.  You did, on or about 28 .0ct 98, without 

authority, fail to go at the time prescribed to your 
appointed place of duty.  Suspended reduction to AlC. 
Fourteen days extra duty.  (No appeal) (No mitigation) 

e.  Additional: LOC, 11 JAN 99 -  Failure to go. 
LOCI 15 DEC 98 -  Failure to go. 
LOC, 14 DEC 98 -  Failure to go. 
LOCI 08 DEC 98 -  Failure to go. 
LOC, 08 DEC 98 -  Failure to go. 
MFR, 11 DEC 98 -  Failure to go.  Reporting 6 hours and 15 

LOR/UIF, 22 OCT 98 -  Reporting 5 hours and 25 minutes late 

minutes late for duty. 

for duty. 

LOR/UIF, 21 SEP 98 -  Failure to report back to duty station 

LOC/UIF, 13 AUG 98 -  Misuse of Government Travel Card. 

at 1000 hours.  Failure to report to 
physical training. 

f.  CM:  None. 

g.  Record of SV: 16 Apr 97 -  15 Apr 98  Charleston AFB  5  (Annual) 

16 Apr 98 -  15 Jan 99  Charleston AFB  2  (Cmdr Dir)REF 

h.  Awards &  Decs:  AFAM, AFLSAR, AFTR, NDSM, AFOUA W/3  DEVS, AFGCM 

i.  Stmt of Sv:  TMS:  (04) Yrs  (03) Mos  (23) Das 
TAMS:  (04) Yrs  (03) Mos  (02) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 16 Nov 05. 

(Change Discharge to Honorable) 

Issue 1:  My prior service record will show that I served honorably during 

my original enlistment.  I asked to be discharged before my enlistment was up 
because circumstances in my life made me feel it would be in the best interest 
of the' Air Force and myself if I could be discharged early.  Upon discharge I 
was informed I could have my discharge upgraded to honorable. 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 437'rH AIRLIFT WING (AMC) 

rVlEMORANDUM FOR AMN~ ............................................... 

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

437 CES 

9 

FROM:  437 CESICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for 
Unsatisfactory Performance, specifically, Unsatisfactory Duty Performance.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.26.1.  If my 
recommendation for discharge 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: 

a.  On 13 Aug 98, you were identified by the 437 CES First Sergeant, MSgt l---------i 

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as having used your Government American Express Travel Charge Card for other than 
official travel expenses.  Specifically, you charged a total of $357.85 to U-Haul, the Maid 
Brigade, and Shell.  For this offense, you received a Letter of Counseling, dated 
13 Aug 98 (Atch la) and an Unfavorable Information File wlatch was established (Atch 
1 b). 

b.  On 17 Sep 98, you were dismissed from M-16 training by SMSgt;------- 

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to stay awake during the classroom portion of the training and because he felt that you 
would present a safety risk on the live fire range.  At 1000, after you were dismissed, 
SMS~~;"" "" :told you to report back to your duty section, but you did not show up until 
after luriciifime. Additionally, on 18 Sap 98, you failed to report at 0615 to formal 
physical training at the gym.  For this offense, you received a Letter of Reprimand, 
dated 21 Sep 98 (Atch Ic). 

c.  On 13 Oct 98, you were 5 hours and 25 minutes late reporting for duty.  For this 

offense, you received a Letter of Reprimand, dated 22 Oct 98 (Atch Id). 

d.  On 15 Oct 98,21 Oct 98, and 28 Oct 98, you failed to report to your appointed 
place of duty.  For this offense, you received an Article 15 wlatchs, dated 20 Nov 98 
(Atch le). 

AMC--GLOBAL REACH FOR AMERICA 

e.  On 27-30 Nov 98, you did, without authority, absent yourself from your appointed 

place of duty.  For this offense, you received a Vacation of Suspended Nonjudicial 
Punishment wlatch, dated 9 Dec 98 (Atch If). 

f.  On 2 Dec 98, you failed to report to your appointed place of duty.  Additionally, on 

3 Dec 98, you reported 6 hrs and 15 minutes late for duty.  These facts are evidenced 
by a Memorandum for Record, dated 1 I Dec 98 (Atch lg) and an AF Form 1168, dated 
3 Dec 98 (Atch 1 h). 

g.  On 7 Dec 98, you failed to report to your appointed place of duty.  For this 

offense, you received a Letter of Counseling, dated 8 Dec 98 (Atch 1 i). 

h.  On 8 Dec 98, you failed to report to your appointed place of duty.  For this 

offense, you received a Letter of Counseling, dated 8 Dec 98 (Atch I j). 

i. On 14 Dec 98, you failed to report to your appointed place of duty.  For this 

offense, you received a Letter of Counseling, dated 14 Dec 98 (Atch I k). 

j.  On 15 Dec 98, you failed to report to your appointed place of duty.  For this 

offense, you received a Letter of Counseling, dated 15 Dec 98 (Atch 1 I). 

k.  On 11 Jan 99, you failed to report to your appointed place of duty.  For this 

offense, you received a Letter of Counseling, dated I 1 Jan 99 (Atch 1 m). 

I.  On 4 Jan 99, you were absent from your unit until 5 Jan 99.  For this offense, you 

received an Article 15 dated 14 Jan 99 (Atch 1 n). 

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. 

3.  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 the Area Defense Counsel, 
963-4416, Building 503, Room 119 on 1 I Feb 99 at 1030.  You may consult civilian 
counsel at your own expense. 

4.  You have the right to submit statements on your own behalf.  Any statements you 
want the 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. 

17  Feb 9 8  

5.  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. 

6.  You have been scheduled for a separations briefing at Personnel Relocations, Bldg 
503 at 1300 on 1 1 Feb 99. 

7.  You have been scheduled for a medical examination.  You must report to 437th 
Medical Group, Physical Exams at 0715 on 16 Feb 99 for the examination. 

8.  Your attended a Transition Assistance Briefingon 2 Feb 99 at the Family Support 
Center (Bldg 255) with Mr. Wright. 

9.  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 437th Civil Engineer 
Squadron Orderly Room. 

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

.---- 

---------------------------------------------. 
Commander 

Attachments: 
1.  Documents Supporting Basis for Discharge 

a.  Letter of Counseling, dated 13 Aug 98 
b.  UIF wlatchs 
c.  Letter of Reprimand, dated 21 Sep 98 
d.  Letter of Reprimand, dated 22 Oct 98 
e.  Article 15 wlatchs, dated 20 Nov 98 
f.  Vacation of Suspended Nonjudicial Punishment wlatch, dated 9 Dec 98 
g.  Memo for Record, dated 11 Dec 98 
h.  AF Form 1168 wlatch, dated 3 Dec 98 
i.  Letter of Counseling, dated 8 Dec 98 
j.  Letter of Counseling, dated 8 Dec 98 
k.  Letter of Counseling, dated 14 Dec 98 
I.  Letter of Counseling, dated 15 Dec 98 
m.  Letter of Counseling, dated 11 Jan 99 
n.  Article 15 wlatchs, dated 14 Jan 99 

2.  Airman's Receipt of Notification Memorandum