Search Decisions

Decision Text

AF | DRB | CY2006 | FD2005-00473
Original file (FD2005-00473.pdf) Auto-classification: Denied
NAME O F  SERVICE MEMBER (LAST, FIRST M1DDI.E  INITIAI,) 
-----------------------------------. 

AIR FORCE DISCHARGE REVIEW BOARD REARING RECORD 

C M D E  

AMN 
I 
x 

AFSNISSAN 
, - - - - - - - - - - - - - - - -  

RECORDREVIEW 

ryre GEN 
COgNgICL 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COUNSEI, 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  
ISSUES 

INDEX  NUMBhH 

A67.90 

A93.01 
A92.01 
A92.19 

X 

X 

X 

EXHlHlTS SUBMITTED TO TIIE BOARD 

ORDER APPOINTING  THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGF 

1 
2 
3  1  LE'1TE.R OF NO'I'IFICA'I'ION 
4  1  BRIEF OF PERSONNEL FILE 

UOIJNSFI.'S  RK1,EASE 'I'O 1 HE. BOARD 
ADDITIONAL EXHIBITS SURMITTF.11 A'f  I'IME Ot. 
PERSONAL APPEARANCE 
I  TAPE  RECORDIN(;  OF PERSONAL APPEARANCE 

I 

HEARING DATE 

CASE NUMBER 

10 Aug 2006 
t\YPLI('AI\T'S  ISSUE k\D  THE BOARD'S DEClSlOKAL KA1 IO\Al.  AK11  UISCI'SSI.1) Ok  1 111.  A Il,\('I  II:D AIK 1 ORCE DISCHARGC KF\'IL.:H' VOAKI)  UtCISlO\AL  RA'TIONALE 

FD-2005-00473 

I 

I 

I 

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 AFUCMR 

Narnes and votes will be made available to the applicant at thc applicant's  request. 

TO: 

SAFIMRBR 
550 C S'TKEBI' WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

FROM: 

S E C I W A H Y  O P  THE AIR POHCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DH. EE WING, 3HD 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 NIJMRER 

FD-2005-00473 

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify  a change of 
discharge. 

ISSUE: 

Issue 1.  Applicant admits that he made a lot of mistakes.  He had just  gone through a messy divorce and 
should have never reenlisted.  The records indicated the applicant received two Article 15's, three Letters of 
Reprimand, three Records of Individual Counseling, and three Memorandums for Record for misconduct. 
The records indicated he had numerous infractions for failure to go to appointed place of duty, missing 
physical training, and being disorderly.  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 first 
term of 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 concludcd 
the discharge was appropriate for the reasons which were the basis for this case. 

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 rec'd a GEN Disch fr USAF Hurlburt Field, FL on 31 
Mar 97 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: 16 Feb 72.  Enlmt Age: 20 9/12.  Disch Age: 25 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-80,  E-87,  G-84,  M-85. PAFSC: 23153 -  Ground Radio Communications 
Journeyman. DAS: 8 Nov 93. 

b.  Prior Sv:  (1) AFRes 24 Nov 92 -  15 Mar 93  (3 months 22 days) (Inactive) . 

21 days, all AMS. 
-  16 Mar 96.  EPRs: 5,4. 

(2) Enlisted as AB 16 Mar 93 for 4 yrs.  Svd: 3 yrs 1 month 

AMN  -  Unknown.  A1C-(EPR Indicates): 16 Mar 93-15 Nov 94.  S r A  

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 8 May 96 for 4 yrs. Svd: 00 Yrs 10 Mo 23 Das, all 

AMS . 

b.  Grade Status:  A m  -  10 Mar 97 (Article 15, 10 Mar 97) 
A ~ C  -  04 Mar 97 (Article 15, 04 Mar 9 7 )  

c.  Time Lost:  None 

d.  Art 1 5 ' s :  

(1) 10 Mar 97, Hurlburt Field, FL -  Article 86.  You did, 

on or about 24 Feb 97, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit:  Physical Training, at the soccer field behind the 
Fitness Center.  You did, on or about 24 Feb 97, without 
authority, fail to go at the time prescribed to your 
appointed place of duty, to wit:  Building 90618, 
Communications Flight.  Article 134.  You were, on or 
about 22 Feb 97, disorderly.  Reduction to Airman. 
(No appeal) (No mitigation) 

(2) 04 Mar 97, Hurlburt Field, FL -  Article 86.  You did, 
on or about 19 Feb 97, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit:  Physical Training, at the soccer field behind the 
Fitness Center, at 0700 hours.  You did, on or about 21 
Feb 97, without authority, fail to go at the time 
prescribed to your appointed place of duty, to wit: 
Physical Training, at the soccer field behind the 

Fitness Center, at 0700 hours.  Reduction to A1C. 
(No appeal) (No mitigation) 

e.  Additional: LOR/UIF, 1 3   MAR 97 -  Making statements adverse to the U . S .  

Government. 
MFR, 24 FEB 97 -  Failure to go. 
LOR/UIF,  14 FEB 97 -  Failure to go. 
MFR, 24 JAN 97 -  Failure to go. 
MFR, 17 JAN 97 -  Failure to go. 
LOR, 14 JAN 97 -  Failure to go. 
RIC, 10 SEP 96 -  Late for work. 
RLC,  14 NOV 96 -  Late for work. 
LOR, 14 JAN 97 -  Failure to go. 
RIC, 19 APR 94 -  Late for Physical Training. 

f.  CM:  None. 

g.  Record of SV: 16 Nov 95 -  15 Nov 96  Hurlburt Field  2  (AnnualIREF 

h.  Awards &  Decs:  AFTR, SWASM W/1 DEV, NDSM, HSM, AFOUA, AFGCM. 

i.  Stmt of Sv:  TMS: (04) Yrs  (04) Mos  (08) Das 
TAMS: (04) Yrs  (00) Mos  (17) Das 

4 .   BASIS ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 24 Nov 05. 

(Change Discharge to Honorable) 

Issue 1:  I was an idiot.  I was a 25-year-old kid with some crazy ideas 

about life.  I'd just gone through a messy divorce and should have never 
reenlisted.  I cracked under the pressure and self-destructed my military 
career.  1 made a lot of dumb mistakes in the end of my service.  I'm a 
responsible adult now and I'd really like not to be shackled by that idiot kid. 
If you look at my first term of enlistment you will see that I served honourably 
(sic).  I just want that to be remembered instead of the mess I made.  Please 
show  me mercy. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

H E A ~ ~ U A R T E R S ~ W I S P E U N ~ T ~ O N S ~ ~  

MEMORANDUM FOR AMN : 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

1 7   16 OSS 

FROM: 16 OSS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct, more specifically, for conduct prejudicial to good order and discipline. The 
authority for this action is AFPD 36-32 and MI 36-3208, section H, paragraph 5.50.2. If my 
recommendation for discharge is approved, your service will be characterized as honorable or 
general,  I am recommending your service be characterized as general. 

2.  My reasons for this action are based on the following: 

a.  You did, on or about 10 Sep 96, fail to go to your appointed place of duty at the time 

prescribed, as evidenced by a Letter of Counseling (LOC), dated 10 Sep 96. 

b. You did, on or about 13 Nov 96, fail to go to your appointed place of duty at the time 

prescribed, as evidenced by a LOC, dated 14 Nov 96. 

c.  You did, on or about 13 Jan 97, fail to go to your appointed place of duty at the time 

prescribed, as evidenced by a Letter of Reprimand (LOR), dated 14 Jan 97. 

d.  You did, between on or about 15 Jan 97 and 17 Jan 97, fail to go to your appointed place of 

duty at the time prescribed, as evidenced by a Memo For Record (MFR), dated 17 Jan 97. 

e.  You did, between on or about 23 Jan 97 and on or about 24 Jan 97, fail to go to your 

appointed place of duty at the time prescribed, as evidenced by a MFR, dated 24 Jan 97. 

f.  You did, between on or about 10 Feb 97 and on or about 12 Feb 97, fail to go to your 

appointed place of duty at the time prescribed, as evidenced by a LOR, dated 14 Feb 97, which 
was placed in a Unfavorable Infonnation File (UIF). 

g.  You did, on or about 19 Feb 97, fail to go to your appointed place of duty at the time 

prescribed, as evidenced by a MFR, dated 19 Feb 97. 

h.  You did, on or about 21 Feb 97, fail to go to your appointed place of duty at the time 

prescribed, as evidenced by a MFR,  dated 2 1 Feb 97. 

i.  You did, on or about 24 Feb 97, fail to go to your appointed place of duty at the time 

prescribed, as evidenced by a MFR, dated 24 Feb 97. 

.. . 

An!, Tinic . . . Any Plucc 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement of 
1974.  A copy of MI 36-3208 is available for your use at the unit orderly room. 

; ......................................  L?  .-..-..-.-..-..-..-: 

Attachments : 
Documents Supporting Basis for Discharge 
1.  AF Form 174, dtd 10 Sep 96 
2.  AF Form  174 wlatchs, dtd 14 Nov 96 (3  pgs) 
3.  LOR, dtd 14 Jan 97 
4.  MFR, dtd 17 Jan 97 
5 ,  MFR, dtd 24 Jan 97 
6.  LOR wlatchs, dtd 14 Feb 97 (4 pgs) 
7.  AF Form 1058, dtd 25 Feb 97 
8.  MFR, dtd 19 Feb 97 
9.  MFR, dtd 21 Feb 97 
10.  MFR, dtd 24 Feb 97 
11.  AF Form 3070 wlatchs, dtd 4 Mar 97 (5  pgs) 
12.  AF Form 3070 wlatchs, dtd. 10 Mar 97 (1 3 pgs) 
13.  LOR wlatchs, dtd 1 3 Mar 97 (3  pgs) 
14.  AF Form  1058, dtd 13 Mar 97 
Documents containing derogatory information--which are not listed in the notification 
memorandum. 
15.  AF Form 1137, undtd 
16.  AF Form 174, dtd 19 Apr 94 
17.  Aiman's receipt of notification memorandum 



Similar Decisions

  • AF | DRB | CY2004 | FD2004-00138

    Original file (FD2004-00138.pdf) Auto-classification: Denied

    Based upon the record and evidence provided by applicant, the Board finds the applicant's reason and authority for discharge improper. Character Statements and Certificate of Appreciation. TO: S A F r n R 550-C Street West, Suite 40 Randolph AFB, TX 78 150-4742 RE: APPL1CATION;FOR THE REVTEW OF DISCHARGE (RECORDS REVIEW) This is a request to review the discharge of th the current General Discharge to an Honorab supporting documentation that will reflect unstable mental health due to a...

  • AF | DRB | CY2005 | FD2005-00118

    Original file (FD2005-00118.pdf) Auto-classification: Denied

    1 Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AlC) (HGH Unknown) DOCUMENTS MISSING 1. I am recommending your discharge from the United States Air Force for a pattern of misconduct, more specifically, for conduct prejudicial to good order and discipline. AF Form 1058, dtd 13 Dec 96 Documents containing derogatory information--which are not listed in the n o ~ c a t i o n memorandum.

  • AF | DRB | CY2006 | FD2006-00001

    Original file (FD2006-00001.pdf) Auto-classification: Denied

    7 ~ 2 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00001 GENERAL: The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AMN) 1. Between on or about 21 Aug 96 to on or about 27 Aug 96, you wrongfully made Automatic Teller Machine cash withdrawals and unauthori~d purchases...

  • AF | DRB | CY2006 | FD2005-00452

    Original file (FD2005-00452.pdf) Auto-classification: Denied

    A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge. 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). I am recommending your discharge from the United States Air Force for Unsatisfactory Performance, specifically, Unsatisfactory Duty Performance.

  • AF | DRB | CY2005 | FD2005-00119

    Original file (FD2005-00119.pdf) Auto-classification: Denied

    AIR FORCE nrSCHARGE REVIEW BOARD HEARING RECORD - rYPb GEN X NAME OF COUNSEL AND OR ORGANIZATION PERSONAL APPEARANCE , RECORD REVIEW ADDRESS AND OR ORGANIZATION O F COUNSEL YES No X I I MEMBER SITTING IF GEN I UOTHC I O i 1 / 1 / DENY VOTE OF THE BOARD -- ISSUES A94.05 INDEX NUMBER A67.10 I HEARING DATE I CASENUMBER X 1 2 3 4 EXHIBITS SUBMITTED TO THE BOARD ORDER APPOINTING THE BOARD APPLlCATION FOR REVlEW OF DISCHARGE LETTER OF NOTIFlCATlON BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE T O THE...

  • AF | DRB | CY2007 | FD2007-00002

    Original file (FD2007-00002.pdf) Auto-classification: Denied

    The applicant received an Article 15 for failure to go to her appointed place of duty. The records also indicated the applicant continued her misconduct and was administratively disciplined for being late for duty, forwarding chain letters over the Air Force email, failure to carry out instructions, sleeping in the lounge during duty hours, disrespect towards an NCO, failure to complete CDCs and test failure, dereliction of duty, failure to go, insubordinate conduct towards an NCO on two...

  • AF | DRB | CY2003 | FD2003-00220

    Original file (FD2003-00220.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0220 GENERAL: The applicant appeals for upgrade of discharge to Honorable. He also had six Letters of Reprimand and five Record of Individual Counseling for unsatisfactory performance, disrespectful attitude, missed appointments, late for duty, failure to use a seatbelt, failed room inspection, and dereliction of duty. In view of the foregoing findings the board further concludes that there exists no legal or equitable...

  • AF | DRB | CY2003 | FD2002-0486

    Original file (FD2002-0486.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) T vp UOTHC X PERSONAL APPEARANCE } NAME OF COUNSEL AND OR ORGANIZATION ISSUES A94,06, A01.39, A01.43 INDEX NUMBER A 64.00 GRADE AFSN/SSAN AB RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE HEARING DATE CASE...

  • AF | DRB | CY2003 | FD2002-0342

    Original file (FD2002-0342.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0342 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The characterization of the applicant’s discharge was appropriate due to the misconduct. BASIS FOR ACTION: On 27 May 97, the Commander, 7 EMS, recommended thag Ne be discharged from the Air Force with a General discharge.

  • AF | DRB | CY2002 | FD01-00032

    Original file (FD01-00032.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-00032 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason for discharge and change the RE Code. ISSUES: The applicant was discharged with a General Discharge for Misconduct — Minor Disciplinary Infractions. Attachment: Examiner's Brief FD-01-00032 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former A1C) 1.