1 

I 

1 

I 

I 

..................... 
NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 
1  AMN 

1  AFSNRSAN 

TYPE  GEN 

'OWEL 

YES 

No 
X 

I 

I 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

GEN 

1  UOTHC 

I  OTHER 

I 

DENY 

ISSUES 

A94.05 

/ 

INDEX  NUMBER 

A67.10 

HEARING DATE 

24 Aug 2006 

I  CASENUMBER 

Case heard  in Washington, D.C. 

I 

I 
EXHIBITS SUBMETTED TO THE BOARD 

I 

I 

I 

ORDER APPOINTING THE BOARD 

1 
2 
APPLICATION FOR REVIEW OF DISCHARGE 
3 
LETTER OF NOTIFICATION 
1  4  1  BRIEF OF PERSONNEL FILE 

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

I  TAPE RECORDING  OF PERSONAL APPEARANCE HE 
I 

I 
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. 

.-. 

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

SECRETARY OF T1IE AIR  FORCE  PERSOIKEI. COIIKCII. 
AIR  FORCE DISCIIARC.E REVIEH  BOARD 
lS3SCOMM.AKD DR. EE HIKG.3RD FI.OOR 
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-2005-00457 

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.  Applicant contends discharge was inequitable because he was a victim of downsizing and it was too 
harsh.  The records indicated the applicant received an Article  15, a Vacation, three Letters of Reprimand 
(LOR's),  two Records of Individual Counseling and twelve squadron letters/Memorandums for Record for 
misconduct.  Applicant received an Article  15 for failing to obey a lawful order to assist an officer.  He was 
punished with a suspended reduction  in grade to airman, forfeiture of pay and 30 days of extra duty.  The 
records also indicated a Vacation action on 17 Apr 92.  However, the DRB did not consider this infraction 
since it occurred after the applicant had already been notified of pending discharge action by  his commander. 
The three LOR's were as a result of applicant having dishonored checks.  The remaining disciplinary 
infractions were for sleeping on duty; leaving duty place without authority; failure to pay Open Mess dues 
on time; dishonored checks; disarming smoke alarm in dorm room; and failure to follow instructions.  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 cited his desire to receive the G.I. Bill benefits as justification for upgrade.  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. 

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 A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF McGuire AFB, NJ on 21 
May 92 UP AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 28 Jan 70. Enlmt Age: 17 11/12.  Disch Age: 22 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-79,  E-63,  G-53,  M-34. PAFSC: 98150 -  Dental Assistant 
Specialist. DAS: 18 Sep 90. 

b.  Prior Sv:  (1) AFRes 21 Jan 88 -  14 Nov 88  (9 months 24 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 15 Nov 88 for 4 yrs.  Extended 5 Jul 90 for 11 months. 

Svd: 03 Yrs 06 Mo 07 Das, all AMS. 

b.  Grade Status:  Amn -  25 Mar 92 (Vacation of Article 15, 17 Apr 92) 

A1C -  15 Mar 90 
Amn -  Unknown 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 17 Apr 92, Vacation, RAF Upper Heyford, UK -  Article 

86.  You, did, on or about 14 Apr  92, without authority, 
go from your appointed place of duty, to wit: building 
582, Emergency Room.  Reduction to Airman. (No appeal) 
(No mitigation) 

(2) 25 Mar 92, RAF Upper Heyford, UK -  Article 91.  You, 

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

ou to be a noncommissioned officer, to assist Maj(Dr.) 

!  a noncommissioned officer, then known by 

---------  ----------- 
having received a lawful order from TSgt : 
,x. ................ .. , 
:through the remainder of the morning, an 
C-.-..........-.-.---- 
order which it was your duty to obey, did, on or about 
17 Mar 92, willfully disobey the same.  Suspended 
reduction to Airman.  Forfeiture of  $100.00 pay per 
month for two months, and 30 days extra duty. 
(No appeal) (No mitigation) 

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

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

e.  Additional: SGQ LTR, 17 APR 92 -  Left duty without authority 

LOR, 05 MAR  92 -  Dishonored check. 
JAN 92 -  Failure to pay Open Mess dues on time. 
MFR, 17 JAN 92 -  Sleeping on duty. 
SSF LTR, 14 JAN 91 -  Dishonored check. 

SGQF LTR, 13 JAN 92 -  Dishonored check. 
SGQF LTR, 06 DEC 91 -  Dishonored check. 
LOR, 21 NOV 01 -  Dishonored check. 
NOV 91 -  Failure to pay Open Mess dues on time. 
SGQF LTR, 13 MAY 91 -  Dishonored check. 
SGQ LTR, 15 FEB 91 -  Failure to pay Open Mess dues on time. 
03 FEB 91 -  Dishonored check. 
RIC, 31 JAN 91 -  Disarming smoke alarm in dorm room. 
LOR, 22 JAN 91 -  Dishonored check. 
MFR, 16 JAN 91 -  Failure to follow instructions. 
RIC, 13 NOV 90 -  Leaving duty section without permission, 
returning to duty late, and arriving for 
Commander's Call 20 minutes late. 

SSI LTR, 08 NOV 90 -  Dishonored check. 
18 Oct 90 -  Dishonored check. 

f.  CM:  None. 

g.  Record of SV: 15 Nov 88 -  14 Jul 90  McConnell AFB 

4  (Initial) 
15 Jul 90 -  14 Jul 91  RAF Upper Heyford  3  (Annual) 

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

i.  Stmt of Sv:  TMS:  (04) Yrs  (04) Mos  (01) Das 
TAMS:  (03) Yrs  (06) Mos  (07) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Nov 05. 

(Change Discharge to Honorable) 

Issue 1:  I believe i  (sic) was a victim of "do~nsizing~~; 

the punishment i 
(sic) received didn't fit the crime.  I received an Article 15 for an argument 
that turned into an insubordination situation.  It caused me to unjustly lose my 
G.I. Bill which I paid for. 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR  FORCE 
20TH TACTICAL FIGHTER WING  HOSPITAL (USAFE) 

APO  NEW YORK  09104-5300  ' 

REPLY  TO 
ATTN  OF:  SGQ 

SuaJEcT:  L e t t e r   of  Hotif i o a t l o n  

13  A p r i l   1992 

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

AlC: 

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

I  em  recommending  your  d i s c h a r g e   from  t h e  United  S t a t e s  Air  Force  f o r   Hinor 

1. 
Diaoiplinery  I n f r a c t i o n s .   The  a u t h o r i t y   f o r  t h i s  a c t i o n   is AFR  39-10, 
paregraph  5-46. 
c h a r a c t e r i z e d   a s  g e n e r a l   o r  honorable. 
c h a r a c t e r i z e d   a s  general. 

If  my  recommendation  i a  approved,  your  e e r v i c e   v i l l  be 

I  em  recommending  t h a t   your  s e r v i c e  b e  

2.  Hy  reesona  f o r  t h i e   a c t i o n   a r e :  

a.  On  18  October  1998 you  v r o t e   a  check,  t o  t h e  E n l i s t e d   Open  Mess,  i n  t h e  
amount  of  680.00,  The  check  vat3  returned  because  of  i n s u f f i c i e n t   funds  i n  your 
bank  account. 

b.  On  9  Hovenber  1990  you  rere 40  minutes  l a t e  back  from  lunch,  and  you 

reported  l a t e  t o  commanders  c a l l .   You  received  e  L e t t e r   of  Couneeling  dated  13 
November  1990. 

c.  On  14 November  1990  you  iasued  a  check  t o  t h e  E n l i s t e d   Open  Hess,  i n   t h e  

amount  of  812.00.  The  check  v a s  r e t u r n e d   because  of  i n s u f f i c i e n t   funds. 

d.  On  14  December  1990  you  Issued  a  check  t o  . t h e  Audio  S t o r e ,   i n  t h e   amount 

of  67.95.  The  cheek  res  r e t u r n e d   due  t o  I n s u f f i c i e n t   funds. 

e.  On  15 December 1990  you  v r o t e  e  cheak  t o  AAFES, 

without  having  s u f f i c i e n t   fund6  i n   your  account. 

i n  t h e  amount  of  $11.45, 

f .   On  a r  about  11  Jonuery  1991,  you  moved  o u t   of  your  eaaigned  dormitory 

room  without  permission.  On  16  Januery  1991 you  v e r e   ordered,  by  t h e  F i r s t  
Sergeant,  t o  r e t u r n .  

A  memo  f o r   record  vea  placed  I n   your  PIF. 

g.  On  diverB  o c c a s i o n s   you  iseued  check6  t o  v a r i o u s   agenciea  and  f a i l e d   t o  

maintain  e u f f i c i e n t   funda  i n  your  account.  You  r e c e i v e d   a  L e t t e r   of  Reprimand 
dated  22  January  1991. 

h.  On  28  January  1991 it was  discovered  t h e t   you  had  tampered  v i t h   t h e  

amoke  alarm  i n  your  dormitory  room  by  t a p i n g   down  t h e  r e a e t   button.  You 
received  a  L e t t e r   of  Counseling  dated  31  Januery  1991. 

Right People.  Right Mission., Right Now. 

i.  On  3 February  1991 you  v r o t e   a  check,  i n  t h e  amount  o f   922.66, 

without  having  a u f f i o i e n t   fund8  i n  your  account.  On  7  February  1991 your 
checking  account  v a e   c l o e e d ,   and  on  11 February  1991 you  a t t e n d e d   a  P e r s o n a l  
F i n a n c i a l   Management  Counseling  appointment. 

t o  AAFES, 

j.  On  o r   a b o u t   15 February  1991 you  f a i l e d   t o  pay  your  NCO  Club  duea, 

8235.50,  on  time.  Your  c h a r g e   p r i v i l e g e s   rere  auspended  f o r   90  daya. 

k.  On  o r   a b o u t   28  October  1991 you  v r o t e  a  check i n   t h e   amount  o f   527.25, 

AAFES.  You  r e c e i v e d   a  L e t t e r   o f   Reprimand  d a t e d   21  November  1991. 

t o  

1, 

I n   November  1991 you , - - - f a i l e d  
- - - - - - - 

t o  pay  your  KC0  Club  dues,  923.20,  on  time. 

You  rere  c o u n s e l e d   by  HSgt  L-.-......, 

; D e n t a l   C l i n i c  S u p e r i n t e n d e n t .  

18.  I n   J a n u a r y   1992,  you  f a i l e d  t o   pay  your  NCO  Club  dues,  $46.20,  on  time. 

Your  c h a r g i n g   p r i v i l e g e s   were  suepended. 

n.  On  o r  a b o u t   17  J a n u a r y   1992,  you  f e l l  a s l e e p   d u r i n g   p a t i e n t   t r e a t m e n t .  
You  rere  counseled  by  your  s u p e r v i s o r   and  it v a s   s u g g e e t e d   you  see  a  physician. 

o.  On  o r   abour  4  March  1992,  you  had  an  u n a u t h o r i z e d   o v e r d r a f t   a t  Uerchante 
You  r e c e i v e d   a  letter  of  reprimand  from  t h e   f i r e t  

Bank  i n   t h e   amount  of  $22.69. 
s e r g e a n t .  

p.  On  o r   a b o u t   18  Harch  1992,  you  f a i l e d   t o  o b e l - t h e  o r d e r   o f   TSgt ;---------; 

Heneey,  your  s u p e r v i e o r ,   t o  r e t u r n   t o  work  v i t h   D r  ;-------, 
:  You  r e c e i v e d   and 
Article  15,  suspended  r e d u c t i o n ,   f o r f e i t u r e  of  pay  and  3 0   d a y s   e x t r a  duty. 

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

Copiea  of  t h e  documents  t o  b e   f a r v a r d e d   t o  t h e  s e p a r a t i o n   a u t h o r i t y   i n  s u p p o r t  
o f   t h i s  r e c o n s e n d a t i o n   a r e  a t t e c h e d .   The  commander  e x e r c i e i n g   SPCH jurisdiction 
o r  a  h i g h e r   a u t h o r i t y   v i l l  d e c i d e   whether  you  v i l l   be  d i s c h a r g e d   o r   r e t a i n e d   i n  
t h e   A i r  Force, 
t h e  A i r   Force. 

If  you  a r e  diecharged,  you  w i l l   b e   i n e l i g i b l e  f o r   r e e n l i s t m e n t   i n  

3.  You  have  t h e  r i g h t   t o  c o n a u l t   counsel.  H i l i t a r y   l e g a l  c o u n s e l   h a s   been 
o b t a i n e d   t o  a a a i s t   you.  An  appointment  h a s   been  made  f o r   you  t o  c o n s u l t   t h e  
Area  Defenee  Counael:  15 A p r i l   1992,  0830  houra.  You  may  c o n s u l t   c i v l l l a n  
c o u n s e l   a t  your  own expense. 

4.  You  have  t h e  r i g h t   t o  submit  s t a t e m e n t s   i n  your  own  b e h a l f .   Any  s t a t e m e n t s  
you  r a n t   t h e  s e p a r a t i o n   a u t h o r i t y   t o  c o n s i d e r   must  r e a c h   me NLT COB  on  t h e  t h i r d  
vorkdey  after  you  s i g n  t h e   r e c e i p t   f o r   t h i s  letter,  u n l e s s   you  r e q u e e t   end 
r e c e i v e   e n   e x t e n s i o n   f o r   good  c a u s e   ahovn. 
a u t h o r i t y .  

I  r i l l  f o r v a r d   them  t o  t h e  a e p e r e t i o n  

5.  I f   you  f a i l  t o  c o n e u l t   c o u n s e l   o r   t o  submit  s t a t e n e n t a   i n  your  ovn  behalf, 
your  f a i l u r e  v i l l  c o n e t i t u t e  a  waiver  of  your  r i g h t 8  t o  d o   ao. 

6.  You  have  been  e c h e d u l e d   f o r  a  medical  examination.  You  must  r e p o r t   t o  t h e  
2 0 t h   Hediaal  Oroup  H o s p i t a l   P h y s i c a l   E x a a i n a t i o n e   S e o t i o n ,   a t   0730  h o u r s   on  1 6  
A p r i l   1992. 

7.  Any  p e r s o n a l   i n f o r m a t i o n   you  f u r n i e h   i n  r e b u t t a l   is covered  by  t h e   P r i v a c y  
A c t   Statement  a 8  e x p l a i n e d   i n  AFR  39-10,  Attachment  6,  A  copy  of  AFR  39-10  i e  
a v a i l a b l e   f o r   your  u s e   i n  t h e  o r d e r l y   room. 

8.  Execute  t h e  a t t a c h e d   scknovledgment  and  r e t u r n   it t o  me 
....... ................................................... 

immediately,