AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

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

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

AFSNISSAN 
-..-.-..-.-..-....-..., 

L.-..-.-..-....-...---: 

TYPE  GEN 

PERSONAL APPEARANCE 

X 

RECORD REVIEW 

No 

YES 
X 

NAME OF COIJNSEL AND OR ORGANIZATION 

AMERICAN  LEGION 

1608 K ST NW WASHINGTON DC 20006 

1 

1 

I 

I 

I 
I 
EXHIBITS SUBMITTED T O  THE BOARD 

I 

I 

1  1  I  ORDER APPOMTTNG THE BOARD 
1  2 
1  3 

1  APIII.ICATION FOR REVIEW OF DISCHARGE 
1  LETTER OF NOTIFICATION 
BRIEF OF PKRSONNEL FILE 

I 

I 

. - - - - - - - - - I  

INDEX NUMBER 

A67.90 

HEARING DATE 

CASE NUMBER 

FD-2005-00465 

APPLICANT'S ISSUE AND THE BOARD'S DEClSlOUL UTIONAL ARK DISCUSSED ON THE. 4TTACHCD AIR FORCE DISCHARGF RFVIEW BOARD DEClSlORAL RATIONLE 

Case heard in Washington, D.C. 

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. 

SAFIMRRR 
550 C STREET WESI',  SUI'I'F. 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETHI' OF THE AIR FORCE PERSONhCL COL'VCII. 
AIR FORCE DISCHARGE RLVIL\\  BOARD 
153.5  COMMAND DR. EE WING.3RU  FLOOR 
ANDREW 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-2005-00465 

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 and feels the incidents identified in his record were beyond his control.  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 underage drinking, driving 
under the influence off base, a failed room inspection, disrespect to an NCO, provoking speechlgestures and 
assault.  The Record of Individual Counseling was for speeding on base.  The applicant had further 
misconduct and received an Article  15 for failure to obey a general regulation - Standards of Conduct.  His 
misconduct resulted in a suspended reduction to airman first class and forfeiture of pay.  The applicant 
contends the stress he was under aggravated the ADIID that was diagnosed when he was a child.  The DRB 
determined there was no correlation between his ADHD and misconduct.  Applicant had the ability to know 
right from wrong.  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 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. 

Issue 3.  The DRB was pleased to see that the applicant was doing well, has a full-time job and continuing 
his education.  However, no inequity or impropriety in his discharge was suggested or found in the course of 
the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of 
service. 

Issue 4.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 
March  14,2002) that he understood he must receive an Honorable discharge to receive future educational 
entitlements.  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 SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Pope AFB, NC on 19 May 
05 UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 17 Jul 82. Enlmt Age:  19 2/12.  Disch Age: 22 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-67,  G-49,  M-45.  PAFSC: 2W151 - Aircraft Armament Systems 
Journeyman. DAS: 19 Aug 02. 

b.  Prior Sv:  (1) AFRes 26 Sep 01 -  25 Feb 02  (5 months) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 26 Feb 02 for 6 yrs. Svd: 03 Yrs 02 Mo 24 Das, all AMS. 

b.  Grade Status:  SrA -  17 Nov 04 
A1C -  12 Apr 02 

c.  Time Lost:  None. 

d.  Art 15's: 

(1) 19 Mar 05, Pope AFB, NC -  Article 92.  You, did, at or 

near Bagram Air Field, Afghanistan, on or about 9 Mar 
05, fail to obey a lawful general regulation, to wit: 
paragraph 7, 455tt1 Air Expenditionary Wing, General 
Operating Instuction I, Standards of Conduct, dated 1 
Jan 05, by urinating in water bottles and leaving them 
in your B-Hut, having open containers of food in your B- 
Hut and not adhering to the standards of Public Health 
set forth in the instruction listed above.  Suspended 
reduction to AlC.  Forfeiture of $500.00 pay. 
(No appeal)  (No mitigation) 

e.  Additional: LOR, 25 JAN 05 -  Provoking speech and gestures, breach of 

peace, and assault. 

LOR, 09 OCT 04 -  Disrespect to an NCO. 
LOR, 30 JAN 04 -  Failed room re-inspection. 
LOR, 10 SEP 03 -  Driving under the influence of alcohol. 
LOR, 24 APR 03 -  Underage drinking. 
RIC, 14 APR 03 -  Speeding on base. 

f.  CM:  None. 

g.  Record of SV: 26 Feb  02 -  25 Oct 03  Pope AFB  3  (Initial) REF 

26 Oct 03 -  11 Aug 04  Pope AFB  4  (CRO) 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (07) Mos  (24) Das 
TAMS:  (03) Yrs  (02) Mos  (24) Das 

4 

BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Dec 05. 
(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Certificate of Accomplishment. 
3. Three Character References. 
4. Enlistment Document. 
5. College Transcript. 

I 
I 

i 

APPUCATIOW FOR THE RE- 

OF DISCHARGE 

(Heasa read inatnrctiwrr on Pages 3 and 4 EEFORE compIeting thk appkariDn.I 

FROM THE ARMED FORCES oF THE UNITED STATES 

- 
Ru wbli r.paYng p+u~ far tWI eolIrrlon of  Mormtkm la  .n(nrad m .mp 30 minuus pr r.-. 
plhrkpM 
mn 
d ~ . ~ - t a . ~ * b u Q n m * ~ d R h n u . F n c u r i . r s r . b . . d ~ D h c a R I . 1 m D 1 0 0 b U . - - b . y l l  
-T -~~~oT~~ETu~~~Y - -To~HL -~ .  
BACK Ot 'THM PAOt. 

+ * a p n w W . d ~ r * ~ * t & d m d b l m w b n .  S r r d ~ r ~ h * h c d n ~ o n y a h r p p n d * ~  

d W o m u b n i t & & m m s q l y  
~ S Z T E P F - T O M ~ T - E  

w d - a ~ d h w , m p r o s n h Y k ~ u r r * ~ k  wcorrprvrkho 

Idudng c)r rm For nvilrving hwructmm. M W n O  

WDU 
ssw 

*m  Wu-. 

h A p l D l w o d  
OMB hb. 07- 
ExPi.0~ Aup 31,2006 

PRIVACY ACT STATEMENT 

AUTHORITY.  10 U.S.C. 1553; E.O.  9397. 
m I Y # P A L m G ) :  T o a p p l y f w 8 ~ m i n ~ t w i u t i o n o r r s o r o n f w ~ ~ i s a u e d m ~ i n h r i d w l .  
ROVnW USIa):  None. 
DlSUOwRk  Vdu~ary; howevw, failurm to provide Idsntifying Infwmtfon niay i@ 
S a i d  Secwky Number is strictly to s48ure propg idsntifhtion of thm  individud and ap(rroprlrtm w b .  
" 
1.  APPUCANT DATA  rrhs parson whaw dkckgr, b to h m v m M .  PtEASE PRIMT OR TYR  INFORMATION. 
m . ~ c W s E R w C e t X d  1  ( m )  IYWI*CORPI 
~
,?- Mlrrlt, 
. - - - - - - - - - - - - - - - - - - - - ,  
2.  DATe OF DISCHARGE OW  SEPmTIOW 

4.  DISCHARGE CHARACTERIZATION RECEIVED (X o m )  

processing of thlr  spplhflon.  The mqwat far 

SRA (E-4) 

-bmq 'r**U 

I ww 

I % I

M

1

I 

v

-

 

 

IWWhWOollUchtoh-rlrrr 
yta.submiramFam t49) 
200505 19 

16- 

OR SEPARATION 

I 3.  UNlT MID LOCATION AT WSCHARGE 

K 

mmhAmE 
osorunmca-rxmwnons 
w D E n ~ M A W m m O R A s L 4 C o m o l l p   + 
l u o ~ / S p e w i l ~ a r n m s r f I d & I  
tmXAR4CTCRULD 
oTmnI*rpM 

A  -Em---_ -----------.----- 

-- CHAMGET0 UMCMAIUCTE- 

6.  BOARD ACnON REQUESTED IX one. 
% 
EHAWCSTOmmOMar 
-

w

o

t

 

/M4p+bbkfrxfiFucd 
-NXRRATM 
=MaAfKmTO: 

REASON FOR 

$ for a review of the c-on 
dPbouldwtbOgfadedsoklyopiacidanrtbaIfdwcrobcy~mycwtrolor~wbicbImctallab~to 

of my discharge because I fee1 that my overall suvice was done with excallmice in 

(  AND THE FORM IS WBMIlTEO TO ADD  ADDITIONAL ISSUES. JUSTIfICAnON. OR ME. 

8. ~ S U P P ~

# T ~

~ T H ~ S ~

. M F O U ~ W ~

~ V G A ~ C H B ,

~

~

~ M D M C L .

11.  APPUCAHTMUSTSlGNtNllEM 13.8. BELOW,  W r h . ~ I n q r a t l m k t h r t o f a - w I m # n p . u r r t p . n o n L E G U P R W O F  

DEATH OR WrCOW€TENCY  MUST ACCOMPANY THE AWLLCATION.  H tho 

b rlplsd by orh.r thm thr qpWcrnC Inec* 

I 

d PAX  NUI- 

(ln*M.Arsr  Cwk 
601 -892-6245 

ID0 not  w&e  in this 6pecs.j 

'6: E S U K ~ W I ~ ~  

iGi! upgrade or Change is Requested and Justification far tho Request: 

,..-....-..-.-..-. 

sw -....-. .-.-. .-. .: 

I am asking for a review of the characterization of my discharge because I feel my overall 
service was done with excellence in my work and should not be graded solely on incidents that I 
feel were beyond my control or for which I met all obligations to correct, 

Entering the Delayed Entry Program 26 September, 201, I was following the example of m y  
veterans in my family with a determined sense of duty and pride, j-n-Fgbmruq 2002, I went 
though BMT at hcklmd AFB under the leadership of T S G T ; ~ ~  
superior rating in nmkmambip. 

: I g r a d 4  with a 

-- --- ----- -, 

After Technical School, I was assigned to the 75'  Fighter Squadron at Pope AFB, NC. 
Consistently, working 12-1 6 hour shifts,  1 was often commended fbt my abilities as "a good 
worker". I was chosen on several occasions to arm performance AlOs for airshow display. 

Although I did receive a DWI in August 2003,I completed ail classes and obligations required. 
At work, I continued to be recognized for performnce, My crew was highlighted in February 
2004. (see enclosure #1 Recognition Received) 

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

I married AlCi 
change for her and two cor~secuttve opposite months in the Nevada desert on training exercises. 

jin July of 2004. W e  were immediately separated by a sq&n 

..-..-.-..-.-..5 

C . - .  

Afk my deployment to Afghanistan in January 2005, the stress seemed ta aggravate tbe ADHD 
that was diagnosed in me as a child and for which I have recently come under the care of a local 
physician. (see enclosure #2 Letter from Dr. j 
) My wife cried each time I p h o d  her, 
at fmt, then she began to ignore my calls. It &&i i'ikssingly difficult to sleep d perform 
in a manner becoming an ainnan. I had looked fonvard to my opportunity to serve my country in 
deployment, but this situation became intolerable. I admit to being very angry during this period. 
This resulted in my ------ being sent back to the states and very quickly being given an early separation 
from the Airforce.: -------- jand  1 separated soon after. 

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

Please also consider the submitted character statements. (see enclosures #3 and #JI) 

I am currently working fulltime as wdl as going to school in my home state of Mississippi. 
(see enclosure #5 Current Transcript) 

I am not proud of the way my military sentice came to an end. Leaving the senrice was not what 
I had planned. Please consider my time spent in DEP as part of that obligation as per DD Form 
4/1.  [see enclosure #6) 

Please help me c l w  m y  record for m y  own satisfaction and yes, to give me access to the 
Montgomery GI Bill that I paid in to during the early months of my service. I wish to p w u e  a 
degree in psychology. 

Thank you for your consideration. 

DEPARTMENT OF TIIE AIR FORCE 
EIEADQUARTFJZS 43D AIRLIFT WING (AMC) 
POPE AIR FORCE BASE NORTH CAXOLINA 

6 May 2005 

MEMORANDUM FOR  43 AWJCC 

FROM: 43 AW/JA 

259 Maynard Street, Suite A 
Pope AFB NC 28308-2381 

SUBJECT:  Legal Review:  Dischwge under Provisions of AFPD 36-32 and MI 36-3208 

Paragraph 5.50.2, SrA Jason R. Berry, 425-57-9860,23 AMXS 

1.  BASIS FOR ACTION:  23 AMXSICC initiated administrative discharge action on 
28 April 2005 against SrA I 
The specific basis for discharge is AFI 36-3208, paragraph 5.50.2, Pattern of Misconduct. 
23 AMXS/CC recommends separation with an Under Honorable Conditions (General) service 
characterization without Probation and Rehabilitation (P&R).  The most severe type of service 
characterization authorized in this case is an Under Other Than Honorable Conditions (UOTHC) 
service characterization. 

; under AFPD 36-32 and AEtI 36-3208. 

L-..-.-..-..-....-.--------------m 

2.  FACTS: 

-------- 

a.  On or about 9 March 2005, SrA .-....-. :failed to obey a lawful general regulation, to wit: 

paragraph 7,45 5 Air Expeditionary Wing, denera1 Operating Instruction, Standards of Conduct, 
dated 1 January 2005 when he urinated in water bottles and left them in his B-Hut, had open 
containers of food in his B-Hut, and did not adhere to the standards of Public Health set forth in 
the instruction, as documented by AF Form 3070, Record of Nonjudicial Punishment Proceedings, 
dated 12 March 2005. 

b.  On or about 23 January 2005, ~ r k - - - - - - - i  was involved in an altercation with another 

member at his duty location, as do~umehfed~bj; a Letter of Reprimand, dated 25 January 2005. 

c.  On or about 3 October 2004, SrAi 

bade disrespectful statements to a 

..-....- 

noncommissioned officer, as docurnentd-bj;a Letter of Reprimand, dated 9 October 2004. 

d.  On or about 30 January 2004, SrAi------iwas derelict in the performance of his duties 
because he failed to maintain his dormitory room to minimum standards, as documented by a 
Letter of Reprimand, dated 30 January 2004. 

C......' 

AMC-Global  Reach for America 

e.  On or about 28 January 2004, SrA: c.-..-.~  :was derelict in the performance of his duties 
because he failed to maintain his dormitory room at minimum standards, as documented by a 
Letter of Reprimand, dated 30 January 2004. 

..-.-", 

f.  On or about 24 August 2003, SrA: L - - - - - - l  idrove a vehicle on Manchester Road in Spring Lake, 

I - - - - - - -  

North Carolina., while under the influence of alcohol, as documented by a Letter of Reprimand, 
dated 10 September 2003. 

g.  On or about 18 April 2003, ~rAi------:admitted 

to underage drinking and, when tested his 

blood alcohol content was .09, as docukihizd  by a Letter of Reprimand, dated 24 April 2003. 

h.  On or about 7 April 2003, S~A; 

:was cited on base for speeding 45 mph in a 30 mph 

zone, as documented by AF Form 174,-&t&l  14 April 2003. 

- - - - - - - , 

~rA:------;is 22 years old and began serving his current enlistment on 

3.  PERSONAL DATA: I - - - - - - - - - - - - -  
26 February 2002.  SrA : ---------- huty title is Weapons Load Crew Member, AFSC 2W151. He is 
entitled to wear the National Defense Service Medal, Global War on Terrorism Service Medal, and 
Air Force Training Ribbon. 

4.  DISCUSSION: 

. - - - - - - - - , 
C -, . . . -. .I 

,--------. 

a.  SrA: . - - - - - - - -, :discharge recommendation has been processed in compliance with 
-..-....-. 
.--------- 

AFI 36-3208 and the record is legally sufficient to sustain a discharge.  The circumstances cited by 
23 AMXSICC as reasons for discharge occurred during SrA: 

~urrent enlistment. 

b.  S ~ A !  

! rnisc~@gt is inconsistent with the self-discipline required for effective 

military service.  SrAi ----_---- !record reveals he failed to obey a lawful general regulation, was 
involved in an altercation, made disrespecthl statements to a noncommissioned officer, failed on 
several occasions to maintain his dormitory room, failed to abstain from drinking while under the 
age of twenty-one, failed to abstain from driving a vehicle 
and failed to obey the posted speed limit on base.  SrA 
but he has not improved.  SrA: 
imisconduct undermines good order and discipline and is of 
a nature that tends to bring dish%Jii;ji the Air Force.  Furthermore, SrA i 
has demonstrated 
an inability to maintain the high standards of personal conduct required of all Air Force members. 

- - - - ,  under the influence of alcohol, 
: unit has tried to rehabilitate him, 

- - - - - while 
---------. 

.-....- 

I - - - - - - - - -  

- - - - - - - I  

, - - - - - - - - - 

c.  The characterization of Sr& --------- :service should be based upon the quality of his service 
for his current enlistment as reflected in his military record.  This entails examining his personal 
conduct, duty performance, and the reasons for his discharge.  An airman's service can be 
characterized in three manners:  Honorable, Under Honorable Conditions (General), or Under 
Other Than Honorable Conditions (UOTHC).  An Honorable service characterization is only 
appropriate when an aiman has generally met Air Force standards of acceptable conduct, or whose 
service has been so meritorious that any other characterization is inappropriate. On the other hand, 
a member should receive a General service characterization when his or her service has been 
honest and faithful, but significant negative aspects outweigh the positive aspects of the airman's 

military record.  Finally, an airman should receive a UOTHC service characterization when the 
pattern of behavior constitutes a significant departure from the conduct expected of an airman. 

,..- .." 

d.  While SrA: -------- !has generally not met Air Force standards and his service has not been 
meritorious, his misconduct does not constitute such a significant departure h m  the conduct 
expected of airmen as to warrant a UOTHC.  Therefore, SrA; - - 
Under Honorable Conditions (General) service characterization, because significant negative 
aspects of his military record outweigh the positive aspects. 

should be discharged with an 

1 . - - - - - -  

-------- 

- - - - - - - I  

--------- m 

e.  On 2 May 2005, SrAi 

$ubmitted statements on his behalf and requested to remain on 

Honorable 

i believes he 

consistent supervision or raters who knew him wall enough to accurately 
! believes this discharge could mean the end of his marriage,  His wife 

active duty.  If he is not ret$iia  on active duty, he asked to be discharged with an .------ 
service characterization in order to keep his Montgomery G.I. Bill benefits.  SrA! 
------- 
deserves another chance to prove himself in the military because he believes most of his 
disciplinary problems stem from his childhood diagnosis of Attention Deficit Disorder.  Moreover, 
he feels he has not had ------- 
rate him.  Finally, SrA! 
has orders abroad and he do,eg-gokfgel he can get a good job as a dependent husband out of the 
United States. Despite SrA! 
Force nor dogs he have the record to allow him to retain the benefits an honorable discharge would 
offer.  SrAL -------- I 
numerous chances to reform.  SrAi 
attention Deficit Disorder is no excuse for his-cmhct; 
he had been warned, previously disciplined, and could have improved.  He did not.  SrA l . . -. , .! 
should be discharged with a general service characterization because he has had enough chances 
and time to improve sufficiently to meet Air Force standards. 

:discipline problems have followed him for two yearsand he has been given 

!reasons, he has not shown the desire to remain in the Air 

---------- 
- - , -  - - - - - 

f.  Under Chapter 7 of AFI 36-3208, a Probation and Rehabilitation program is available.  The 

program consists of a conditional suspension of administrative discharge for cause in deserving 
cases.  The premise of the program is that in the right circumstances an airman can change a 
pattern of behavior.  Paragraph 7.3 lists examples of situations in which P&R might be 
appropriate, including where the airman has the capacity to be rehabilitated, and where retention of 
the airman in a probationary status is consistent with the maintenance of good order and discipline 
in the Air Force.  Probation and rehabilitation (P&R) are not appropriate under these 
circumstances because SrA Berry knew that his conduct was wrongful, yet he intentionally 
engaged and continued to engage in the conduct on which his discharge is based. 

5 ,  OPTIONS:  As the Separation Authority in his case, you may: 

a.  Reject the Squadron Commander's recommendation and retain 

active 

duty; 

b.  Convene a board hearing if you believe an Under Other Than Honorable Conditions 

(UOTHC) service characterization is warranted; 

c.  Recommend an Honorable service characterization with or without P&R and forward the 

file to 18 AF/CC for approval; or 

, - - - - - - - , 

d.  Discharge SrAi ------- 9ith an Under Honorable Conditions (General) service 

characterization with or without P&R. 

6 .  RECOMMENDATION: Concur with the Squadron Commander's recommendation and sign 
. _ _ _ _ _  _ I  be discharged with an Under Honorable Conditions (General) service 
the letter directing s~AI------I 
characterization without P&R. 

Attachment: 
Case File 

C.....................-....-.-....-.-....-....-.-..' 

Staff Judge Advocate 

DEPARTMENT OF THE AIR FORCE 
23D AIRCRAFT MAINTENANCE SQUADRON (ACC) 

POPE AIR FORCE BASE NORTH CAROLINA 

MEMORANDUM FOR  SRA: . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

FROM:  23 AMXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct:  A Pattern 
of Misconduct, Conduct Prejudicial to Good Order and Discipline. The authority for this action is 
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  This action could result in your separation with 
an Under Other Than Honorable Conditions (UOTHC) Discharge.  I am recommending that your 
service be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On or about 9 March 2005, you failed to obey a lawful general regulation, to wit:  paragraph 

7,455 Air Expeditionaq Wing, General Operating Instruction, Standards of Conduct, dated 
1 January 2005 by urinating in water bottles and leaving them in your B-Hut, having open 
containers of food in your B-Hut, and not adhering to the standards of Public Health set forth in the 
instruction, as documented by AF Form 3070, Record of Nonjudicial Punishment Proceedings, 
dated 12 March 2005. 

b.  On or about 23 January 2005, you were involved in an altercation with another member at 

your duty location, as documented by a Letter of Rqrimand, dated 25 January 2005. 

c.  On or about 3 October 2004, you made disrespectful statements to a noncommissioned 

officer, as documented by a Letter of Reprimand, dated 9 October 2004. 

d.  On or about 28 January 2004, you were derelict in the performance of your duties by failing 
to maintain your dormitory room to minimum standards, as documented by a Letter of Reprimand, 
dated 30 January 2004. 

e.  On or about 30 January 2004, you were derelict in the performance of your duties by failing 
to maintain your dormitory room to minimum standards, as documented by a Letter of Reprimand, 
dated 30 January 2004. 

f.  On or about 24 August 2003, you drove a vehicle on Manchester Road in Spring Lake, North 

Carolina, while under the influence of alcohol, as documented by a Letter of Reprimand, dated 
10 September 2003. 

g.  On or about 18 April 2003, you admitted to underage drinking and a test was administered 

that revealed you had a blood alcohol content of .09, as documented by a Letter of Reprimand, 
dated 24 April 2003. 

h.  On or about 7 April 2003, you were cited on base for speeding 45 mph in a 30 mph zone, as 

documented by AF Form 174, dated 14 April 2003. 

3.  The 43d Airlift Wing Commander, who exercises SPCM jurisdiction is the Separation Authority 
and will decide whether you will be discharged ox retained in the Air Force.  Copies of the 
documents to be forwarded to the Separation Authority in support of this recommendation are 
attached.  If you are discharged, you will be ineligible for reenlistment in the Air Force and any 
special pay, bonus, or education assistance funds may be subject to recoupment. 

------------- 
4.  Military counsel may be obtained to assist you.  Contact TSgt; ------------ 
(extension 4-2362) at 
the Area Defense Counsel's  office, to schedule an appointment with the Area Defense Counsel 
(ADC).  You may have a military counsel other than the ADC, if the lawyer you request is in the 
active military service and is reasonably available as determined according to MI 51-201.  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. 

5.  You have the right to submit a statement on 
Separation Authority to consider must reach 
receive an extension for good cause shown. 
Separation Authority. 

at  1  0 7' unless you request and 

ts you want the 

statem 

will be forwarded to the 

6.  If you fail to consult counsel or to submit statements on your behalf within three duty days, 
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 Pope AFBFlight 
Medicine Clinic on 4  A 

at 3 3 0  hours for the examination. 

+t 

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 at http://www.e-pubIishing.af.mil/, 

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

Attachments:  (listed on following page) 

Attachements: 
1 .   AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 12 March 2005 (3 pages) 
2.  Written Response, dated 16 March 2005 (2 pages) 
3.  Letter of Reprimand, dated 25 January 2005 (2 pages) 
4. Written Response, dated 25 January 2005 
5.  Letter of Reprimand, dated 9 October 2004 (2 pages) 
6.  Response to Letter of Reprimand, dated 12 October 2004 (2 pages) 
7.  Letter of Reprimand, dated 30 January 2004 (2 pages) 
8.  Letter of Reprimand, dated  10 September 2003 (2 pages) 
9.  'Letter of Reprimand, dated 24 April 2003 (2 pages) 
10.  AF Form  174, Record of Individual Counseling, dated 14 April 2003 (2 pages) 
1 1.  Receipt of Notification Memorandum