1 

TYPE  GEN 

YES 

No 
X 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

(LAST, FIRST MIDDLE INITIAL) 

GRADE 

1  AFSNISSAN 

PERSONAL APPEARANCE 

X 
NAME OF COLINSEL AND OR ORGANIZATION 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

1 

ISSl'ES 

A93.33 

IhULX  R'I'XIBEH  A67.90 

I-IEARING DATE 

1  30 Mar 2006 

I 

CASE NUMBER 

I  FD-2005-00453 

I 

I 

EXHIBITS SUBAUTIED TO THE BOARD 

1  1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 
1  3 1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

1 

I 

I 

.IPI'LI('..\KT'S ISSLIE .XVD I'HE BOARD'S DECISlOh'.AL MTIONAL ARE DISCUSSED ON THt' ATTACHED AIR FORCE DISCHAKGE KE\'IEW  BOARD DECISIONAL. RATIONME 

I 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board 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. 

1  + Change RE CODE 

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

1535 COMMAND DR, EE WlNG, 3RD FLQOR 
ANDREWS AFB, MD 20762-7002 

I 

AFHQ FORM 0-2077, JAN 00 

I 
(EF-V2) 

Previous edition will be used 

1 
1 
1 

1 

I 

AJR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00453 

GENERAL:  The  applicant appeals for upgrade  of  discharge to  honorable  and to  change the reenlistment 
code.  The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at 
Andrews AFB on 30 Mar 2006.  The attached brief contains available pertinent data on the applicant and the 
factors leading to the discharge. 

FINDINGS:  Upgrade of discharge and the change of reenlistment  code are 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.  Applicant contends that his discharge did not take into account the contributions he accomplished 
while in the service which included two desert deployments in support of Operation Desert Storm--Kuwait 
and Operation Iraqi Freedom and volunteered to be a member in two search & recovery teams.. .hands on 
with finding and recovering remains--was awarded with AFCM for outstanding achievement.  The board 
took note of the applicant's duty performance as documented by his performance reports and other 
accomplishments.  The DRB recognized the fact that the applicant had served seven and half years total 
service before the discharge was initiated, but concluded the misconduct was a 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 contends that after his DUI incident he struggled with how his long distance separation 
was affecting his seven-year old son as well as some inappropriate actions toward himself and other shift 
leaders regarding responsibilities and duties by the dining facility manager.  He subsequently sought support 
from his unit commander for discharge.  Applicant asserts that the commander used the minor infractions to 
justify the discharge.  The board considered the time period of misconduct but 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.  However, if the applicant can provide additional documented information to 
substantiate the alleged support from his unit commander favoring an honorable discharge and other 
commendable post-service accomplishments, the applicant should consider exercising his right to appeal to 
the AF Board of Military Corrections. 

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 and his reenlistment code should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA) (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Eielson AFB, AK on 8 Feb 
05 UP AFI 36-3208, para 5.52.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 15 Jun 77. Enlmt Age: 19 10/12.  Disch Age: 27 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-59,  E-31,  G-59,  M-60. PAFSC: 3M051 -  Services Journeyman. 
DAS: 28 Aug 02. 

b.  Prior Sv: (1) AFRes 24 Apr 97 -  29 Jul 97 (3 months 6 days) (~nactive). 

16 days, all AMS.  AMN  -  30 Jan 98.  A1C -  30 Nov 98.  SrA -  30 Jul 00.  EPRs: 
3,4. 

(2) Enlisted as AB 30 Jul 97 for 4 yrs.  Svd: 3 yrs 3 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 16 Nov 00 for 6 yrs. Svd: 04 Yrs 02 Mo 22 Das, of 

which AMS is 04 yrs 02 months 19 days (excludes 3 days lost time). 

b.  Grade Status:  SrA -  9 Sep 04  (Demotion, Special Order AA-7, 21 Sep 04) 

, 

SSgt -  1 Sep 03 

c.  Time Lost:  22 Sep thru 25 Sep 04 (3 days). 

d.  Art  15's:  None. 

e.  Additional: CR, 12 NOV 04 -  Dereliction of duty and failure to go. 

LOR/UIF, 1 NOV 04 -  Failure to go on two occasions. 
RIC, 26 AUG 04 -  Dereliction of duty. 
LOR/UIF, 6 AUG 04 -  Arrest and coviction of driving while 

impaired by the consumption of alcohol. 

RIC, 11 MAR 04 -  Dereliction of duty. 
LOCI 12 NOV 02 -  Financial irresponsibility. 

f.  CM:  None. 

g.  Record of SV: 13 Apr 00 -  12 Apr 01  Edwards AFB  5  (Annual) 
13 Apr 01 -  12 Apr 02  Edwards AFB  5  (Annual) 
13 Apr 02 -  12 Apr 03  Eielson AFB  4  (Annual) 
13 Apr 03 -  12 Apr 04  Eielson AFB  4  (Annual) 

h.  Awards &  Decs:  AFCM, AFTR, AFLSAR, NDSM, NCOPMER, AFOUA, AFGCM, 

AFOSLTR . 

i.  Stmt of Sv:  TMS:  (07) Yrs  (09) Mos  (12) Das 
TAMS:  (07) Yrs  (06) Mos  (07) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd  16 Nov  05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
None. 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages 3 and 4 BEFORE completing this application.] 

I  Farm Approved 

OMB NO. Of 04-0004 
Expires Aug 3 1,2006 

I 

The public reporting burden for this  collection of  lnformation is estimated to average 30 minufes per response, including the time for reviewing instructions, seivching existing data sources, 
gathering and rnaintaintng the data needed, and completing and reviewing the collection of  Information.  Send comments regarding this burden estimate or an),  other aspect Of  this collection 
of information. including suggestions for reducing thb burden, to  Department of  Defense,  Washington Headquarters Services,  Directorate for lnformation Operations and Reports (0704-00041, 
121 5 Jefferson Davis Highway. Su@e 1204,  ~rrington, VA  22202-4302.  Respondents should  be aware that notwithstanding any other  provision of  law, no person shall be subject to  any 
penalty for failing to comply wlth a collection of  information if it does not display a currently valid OM0 control number. 
PLEASE DO NOT RETURN YOUR  FORM TO THE ABOVE ADDRESS.  RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE. 

I a"monmTk  lo u;s.c.  1553; E.0.9397. 

PRIVACY ACT STATEMENT 

I PRINCIPAL PURPOSE(S1:  To apply for a change in the characterization or reason for military discharge issued to an individual. 

ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  however,  failure to provide identifying information may impede processing of this application.  The request fof 
sokial Securitv Number is strictlv t o  assure oroDer identification of the individual and a ~ ~ r o ~ r i a t e  
1.  APPLICANT DATA  (Khe person whose discharge is to be reviewed).  PLEASE PRINT OR T~PE'INFORMATION: . .- 
a.  BRANCH OF SERVICE (X one)  1 
1  ARMY 
+- NAME Uasr-Eirs- Middla M a d  - - - - - - ; 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
2.  DATE OF D~~CHARGE OR  SEPARATION 

NAVY  . 
(  c.  GRJDEIYNK 
I  L 7  

4.  DISCHARGE CHARACTERIZATION RECEIVED (Xonel 

[A-SP_C?ALSEC_UR!~-NI~MBEP 

AT DISCHARGE 

MARINE CORPS 

COAST GUARD 

L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - A  

. .   . 

AIR  FORCE 

.  . 

records. 

i . 

. ,, 

. : ,  - .  ,... ,, 

WYYMMDD) (If date is more than  /5 years 
ago,  submit a DD Form  149) 
d o 6  od  023 
3.  UNIT AND LOCATION A T  DISCHARGE 

, 

s 

OR: SEPARATION 

1  HONORABLE 
GENERALIONDER HONORABLE CONDiTlONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT (Special court-martial only) 
UNCHARACTERIZED 
OTHER (Explain) 

5.  BOARD ACTION REQUESTED (X one1 
 CHANGET TO HONORABLE 

r- 

m 

CHANGE TO GENERAWNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHARACTERIZED 
(Not applicable for Air Force) 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

3.4: 5* 
E l e l s a   WE,  -F)K 
6,  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item  74.  See instructions on 
J-babnrrrb~c so z  M  w - - u ~  in 

) ~m  re.t(i(ur~C;7 .- 
~8;2.c*-i b ~ ~ n r
 

U p J r s O e  
I  &/wJ  , Ser~lcc-5.  -(tl 

--Be  fi/03i,  m y   7 2 yc- 

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I 

7.'  (X if applicable1 AN APPLICATION WAS PRNIOUSLY SUBMllTED ON (WWMMDDI 

AND THIS FORW IS SUBMITTED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION, OR  EVIDENCE. 

8.  IN SUPPORT OF THIS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in ltem  17. 

!f military documents or  medical records are relevant to your case, please send copies.] 

% 

z 

" .  

9.  TYPE OF REVIEW REQUESTED (X one) 

CONDUCT A  RECORD REVIEW OF M Y  DISCHARGE BASED ON M Y  MILITARY PERSONNEL FILE AND  ANY ADDITIONAL DOCUMENTATION 
'SUBMITTED BY M E  I AND/OR  (counsel;lrepresentative/ WILL NOT APPEAR BEFORE THE BOARD. 

AND/OR  ~counseUfepresentativel WISH TO APPEAR  A T  A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 

WASHINGTON,  D.C.  METROPOLITAN AREA. 
I AND/OR  (counseUrepresentative1 WISH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TWELING'PANEL  CLOSEST TO 
(NOTE:  The Navy Discharge Review Board does not have a traveling panel.) 
'(enter city and statel 

10.d. COUNSEL/REPRESENTATIVE (If any) NAME (Last, First, Middle ln,t;alj  AND ADDRESS  1  b.  TELEPHONE NUMBER (Include Area Codel 

I 

(See /tern  10 o f  the instructions about counsel/representative.) 

i  -.- 

c.  E-MAIL 

d.  FAX NUMBER (Include Area  Codel 

. . 

11.  APPLICANT MUST SIGN IN ITEM 73.a.  BELOW.  If the record in question is that of a deceased,ur ipco"mpetent person,  LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the applicant.  indicate 

12.a: CURRENT  MAILING  ADDRESS OF APPLICANT  OR PERSON ABOVE 

(Forward notification of any change ih address.) 

WIDOWER 

NEXT OF KIN  ( LEGAL REPRESENTATIVE ( OTHER  ( ~ p e c j l  

and relationship by marking a box below. - 

1  ~,,TELEP~!Q_NE-NUMBER~[~~C/~~~,A~~~ 

Codel 

, 

c.  E-MAIL 

- - - - -  

d.  FAX NUMBER (Include Area  Code1 

.  < 
. 

: 

13.  CERTIFICATION.  I make the foregoing statements,  as part of my claim,  with full knowledge of the 
penalties involved for willfully making a false statement or claim.  (U.S. Code,  Title 18, Sections 287 

-'and  1001, provide that an individual shaN be fined under this ?itte or imprisoned not more than 5 years, 

or both.) 

orperson in Item 1 I above] 

b.  DATE SIGNED - REQUIRED 
(  3005 
a7 

IYYYYMMDD) 

DD FORM 293;'%~  2003 

PREVIOUS EDITIONS ARE OBSOLETE. 

,  b 

.  . 

Page 1 of 4 PageS'  ' ' 

I 

1 

.  . 

CASE NUMBER 

(Do not write in this space.) 

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. .   .  ~ a r i  COMPLETED  APPLICATIONS TO APPROPRIATE ADDRESS,BELOW.; 

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A 

ARMY* 

%

,

 

, 

.  .  , 

Army Review Boards ~ g k n c ~  
Support Division,  St.  Louis 
9700 Page Avenue 
St.  Louis,  MO  63132-5200 
(See http:llarba.arrny.pentagon.rnit) 
. , , -  ' 
. . 
Air ~ o r c e  Review Boards Agency 
SAWMRBR 
550-C Street West,  Suite 4 0  
Randolph AFB,  TX  781 50-4742 

AIR FORCE 

,  , 

' 

NAVY AND MARINE CORPS 

* 

' ,  

Naval, Coun'cil o f  Personnel Boards 
720 Kennon Street,  S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-5023 

, 

COASTGUARD 
. % 

.

.

,

 

U.S.  coast Guard 
Commandant (G-WPM) 
2'100 Second Street,  S.W.  Room 5500 
Washington, DC  20593 

r 

I 

I 
\ 
DEPARTMENT OF THE AIR PORCE 

PACIFIC AIR FORCES 

F V ~ W S -  &9 

MEMORANDUM FOR  SRA ! 

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

I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - -  

1354 SVS, PACAF 

DEC  16  200$ 

FROM:  354 SVSICC 

. 

SUBJECT:  Notification Letter-Board Hearing 

1.  I am recommending your discharge fiom the United States Air Force, according to 'MPD  36- 
32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of 
Airmen, under the provisions of paragraph 5.50.2, A Pattern of a is conduct, conduct Prejudicial 
to Good Order and Discipline.  Copies of the documents to be forwarded to the separation 
authority to support this recommendation are attached. 

. 

2.  My reason for this action is as follows: 

a.  On or about 1 Oct 02, you informed your First Sergeant that you had failed to pay some 

of your debts.  For this incident, you received a Letter of Counseling (LOC), dated 12 Nov 02 
(Atch 1). 

b.  On or about 9 Mar 04, you failed to go to your appointed place of duty at the time 

prescribed, you M e r  lied about the incident stating you had overslept when you had actually 
made an unauthorized shift split with another airman.  Further, you were derelict in the 
performance of your duties, in that you willfilly failed to uphold your NCO and shift leader 
responsibilities by failing to properly supervise an airman's actions on the serving line.  For these 
incidents, you received a Record of Individual Counseling (RIC), dated 11 Mar 04 (Atch 2). 

c.  On or about 3 1 Jul04, you were cited at or near Fairbanks, Alaska for driving under the 

influence.  You were given a breathalyzer test, which revealed you had a Breath Alcohol Content 
(BrAC) of .156.  For this incident, you were convicted in Alaska State ~ o u k  (Atch 3) and you 
received a Letter of Reprimand (LOR), dated 6 Aug 04, which was placed into an Unfavorable 
Information File (UIF) (Atch 4). 

d.  On or about 25 Aug 04, you were derelict in the performance of your duties, in that you 
willfully failed to uphold your NCO and shift leader responsibilities by sitting around the dining 
hall during a busy time, not making the required 25 meals or fiesh pastries.  You expr&sed a 
negative attitude with your coworkers causing turmoil amongst coworkers.  ~ k h e r ,  you failed to 
perform a proper change over with the oncoming shift leader and failed to report to the Services 
Superintendent as directed.  For these incidents, you received ii RIC, dated 26 Aug 04 (Atch 5). 

e.  On or about 20 Oct 04, you failed to report to M-16 training, and on or about 21 Oct 04 
you failed to report for a chemical gas mask fit test.  For these incidents, you received an LOR, 
dated 1 Nov 04, which was placed into a UIF (Atch 6). 

- 

3.  This action could result in your separation with an honorable, general, or under other than 
honorable conditions discharge.  I am recommending that your discharge be characterized as 
Under Honorable Conditions (General).  The commander exercising special court-martial 
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 subjected to recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board subject to your availability. 

c.  Be represented by legal counsel at a board hearing.  .: 

d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before making a decision to 

waive any of your rights. 

5.  You have been scheduled for a medical examination. You must report to the Physical 
Examination Section, 354th Medical Group, Building 3349, at  ogY.(  on  /7&& @$for 
the examination. 

6.  Military legal counsel has been obtained to assist you. An appointment has been scheduled for 
you to consult with the Area Defense Counsel's Office, 2610 Central Ave, on  1 7 /k of 
at 

fD3O. Instead of the appointed counsel, you may have another, if the lawyer you 
request is in h e  active military service and is reasonably available as determined according to 
AFI 51-201, Administration of Militaly Justice.  In addition to military counsel, you have the 
right to employ civilian counsel.  The Air Force does not pay expenses incident to the 
employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

7.  Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who also will 
sign it.  If you waive your right to a hearing before an administrative discharge board, you may 
submit written statements in your own behalf.  I will send the statements to the discharge 
authority with the case file to be considered with this recommendation.  If you fail to respond, 
your failure will constitute a waiver of the right to the board hearing. 

8.  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 in your Area Defense Counsel's office. 

9.  If you request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

10.  If you received advanced educational assistance, special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 

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

I 

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Commander 

Attachments: 
1.  LOC, dtd 12 Nov 02 (2 pgs) 
2.  RIC, dtd 11 Mar 04 (2 pgs) 
3.  State Court Conviction, dtd 4 Aug 04 and Incident Report (4 pgs) 
4.  LOR, dtd 6 Aug 04 and AF Form 1058 (3 pgs) 
5.  RIC, dtd 26 Aug 04 (2 pgs) 
6.  LOR, dtd 1 Nov 04 and AF Form 1058 (3 pgs) 
7.  Special Order AA-07, dtd 21  Sep 04