AIR FORCE DISCHARGE REVIEW BOARD 

HEARING RECORD 

NAME 01; SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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TYPE  UOTH 

PERSONAL APPEARANCE 

NAME O F  COUNSLL AND O H  ORGANIZATION 

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lSSllLS  A92.01 
A94.05 

INUEX NUMBhR 

A67.90 

GKADE 

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AFSNISSAN 
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RECORD REVIEW 

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ADDRESS AND OR ORGANLZ.\TION  OF COUNSEL 

VO'I'E  OP THE BOAKU 

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I)b.NY 

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EXlIIBITS SUBMITTED TO TIIE BOARD 

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ORDER APPOINTING THE BOARD 
APPLICK1'IC)N FOR KEVIkW 01: DISCIIARGC 
I,FTTER  OF NC)TIFICATION 
RRlFF OF PERSONNFI  F1I.E 
COIJNSF1,'S RFI  FASF TO THE HOARD 
ADDITIONAL EXHIBITS  SIIRMITTFD A I l l M b  O F  
PFRSONAI.  APPEARANCE 

I Al'k  RFCORLIING OF. I'b,KSONAI,  APPPAKANCE 

HEARING DATE 

10 A u ~  2006 

CASE NUMBER 

FD-2005-00477 

I 

LICANT'S JSSIWz'MTHEBOAm'S DECISIONAL RATlONAL ARE Dl~cwgsED ON TI@  ATTACHED AIRPOIlCE DIlCHrZRGE &VIEW  BOA&  DECIStONAL RATIONALE 

I 

I 

Case heard  in  Washington, D.C. 

Advise applicant of the decision of the Board, thc right to a personal appearance witli/without counsel, and thc right to 
submit an application to the AFBCMR 

I 

- ISDOWSEIIEN'T 

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

TO: 

SAPIMRHK 
550 C STREET WEST, SlJl Sb.  40 
RANDOL.PH  AFB. TX 78 150-4742 

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. . 
FI1OM: 

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DATE:  811 1/2006 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR  FDRCK  DlSCllARGE  REVIEW W A R D  
I535 COMMANU U11,  EE WING, 3RD FLOOR 
ANDREWS AFB. MD 20762-7002 

I 

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

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previoi~s edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL KATlONALE 

CASE NUMBER 

FD-2005-00477 

GENERAL:  The applicant appeals for upgrade of discharge to general. 

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 evidcilce 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 it was too harsh.  The records indicated the 
applicant received an Article 15 and a Letter of Reprimand for misconduct.  The Article  15 was for 
disobeying a lawful "no  contact" order and for failing to maintain his base housing unit in a habitable 
condition.  He was reduced in grade to airman basic and restricted to the limits of Edwards AFB for a period 
of 45 days.  He also received a Letter of Reprimand for dereliction of duty, larceny, and assaulting his wife. 
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 inisconduct 
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. 

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 AB)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a UOTHC Disch fr USAF Edwards AFB, CA on 8 
Nov 02 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for General  (Under Honorable Conditions) 
Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Aug 75.  Enlmt Age: 21 0/12.  Disch Age: 27 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-99,  E-98,  G-99,  M-83. PAFSC: 2R031 -  Maintenance Data Systems 
Analysis Apprentice. DAS: 01 Jun 01. 

b.  Prior Sv: (1) AFRes 12 Sep 96 -  07 Jan 97 ( 3  months 26 days) (inactive) . 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as A1C 8 Jan 97  for 6 yrs, Svd: 05 Yrs 10 Mo 01 Das, all AMS. 

b.  Grade Status:  AB -  11 Oct 02  (Article 15, 11 Oct 02) 

SRA -  03 Sep 99 

c.  Time Lost:  None. 

to ref rain from any 
:  (to include phone, fax, 
.------- or to come within a distance of 100 yards 
:),  dated 29 Jul 02 and reissued 27 Sep 02 

d.  Art 15's:  (1) 11 Oct 02, Edwards APB, CA -  Article 92.  You did, 
having knowledge of a lawful order issued by your 
.-------------------------- 
commander, LtCol ;,p'L'L'L'L:I 
contact with Mrs -  I ...................... 
mail, e-mail 
of Mrs . 1 ------. 
with language to the same effect, an order which it was 
your duty to obey, did, in the State of California, on 
divers occasions, from on or about 21 Sep 02 through 3 
Oct 02, fail to obey the same by making contact with 
Mrs. :  i and by coming within 100 yards of her person. 
You, who knew or should have known of your duties, from 
on or about 25 Sep 02 to on or about 30 Sep 02, were 
derelict in the performance of those duties in that you 
willfully failed to maintain your base housing unit in a 
habitable condition 5n accordance with base housing 
standards by repeatedly failing to remove debris and 
animal feces from in and around the house and yard, as 
it was your duty to do.  Reduction to AB.  Restriction 
to the limits of Edwards AFB, California, and in 
addition, further restricted to dorm buildings 2511, 
2515 and the adjoining courtyard between the hours of 
2000 and 0600 for 45 days.  (No appeal) (No mitigation) 

-------- 
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e.  Additional: LOR, 16 OCT 02 -  Dereliction to duty, larceny and assault. 

f.  CM:  None. 

g.  Record of sv:  08 Jan 97  -  15 Jul 9 8   Goodfellow AFB  2  (HAF  D ~ ~ ) R E F  

16 Jul 98 -  15 Jul 99  Goodfellow AFB  3  (Annual) 
16 Jul 99 -  15 Jul 00  Goodfellow AFB  3  (Annual) 
16 Jul 0 0   -  29 Apr 01  Goodfellow AFB  3  (CRO) 
30 Apr 01 -  2 9   Apr 0 2   Edwards AFB 

5  (Annual) 

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

i.  Stmt of Sv:  TMS:  (06) Yrs  (01) Mos  (27) Das 
TAMS: (05) Yrs  (10) Mos  (01) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 23 Nov 05. 

(Change Discharge to General  (Under Honorable Conditions)) 

Issue 1:  I feel that the charges that were brought against me at that time 
were not correct.  I was advised that this was the easy way out.  I feel that I 
(sic) my good time in the service warrants an honorable discharged  (sic). 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS nfiTH AIR BASE WING (AFMC) 

EDWARDS AIR FORCE BASE. CALIFORNIA 

FROM:  412 OSSICC 
SUBJECT: Notification Letter - Board Hearing 

1. I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct (Conduct Prejudicial to Good Order and Discipline), according to AFPD 36-32, 
Militaly Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, 
under the provisions of paragraph 5.50.2.  Copies of the documents to be forwarded to the 
separation authority to support this recommendation are attached. 

2.  My reasons for this action are as fallows: 

a.  On 25 Sep 02, you were derelict in the performance of your duties, in that you 

commited the following offenses:  Dereliction of Duty, UCMJ Article 92; Larceny, UCMJ 
Article 121; Assault, UCMJ Article 128; Conduct prejudicial to good order and discipline, 
UCMJ Article 134, as evidenced by a Letter of Reprimand dated 16 Oct 02.  (Atch 1.1) 

b.  On 21 Sep 02 - 3 Oct 02, you were derelict in the p e r f o ~ w ~ e  

of your duties, in that 
you failed to obey a stay away order by making contact with Mrs.: - - - - - i and by coming within 
100 yards of her person.  You were also derelict in the performance of your duties, in that you 
willfully failed to maintain your base housing unit in a habitable condition in accordance with 
base housing standards by repeatedly failing to remove debris and animal feces from in and 
mound the house and yard, as evidenced by an Article 15 dated 9 Oct 02.  (Atch 1.2) 

3.  This action could result in your separation with either an Under Other Than Honorable 
Conditions, Under Honorable Conditions (General) or Honorable discharge.  I am 
recommending that you receive an Under Other Than Honorable Conditions discharge.  The 
commander exercising special court-martial convening authority (SPCM) 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 probably be denied enlistment in any component of the 
armed forces, 

4.  You have the right to: 

a.  Consult legal counsel, 
b.  Present your case to an administrative discharge board. 
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. 

hoursondci6cf 

2002. 
..I-..-.-.., 
i 

5. You have been scheduled for a medical examination  Your must report to  fI I 
at  0300 
6.  Military legal counsel  @ r ~ p   i 
appointment has been scheduled for you to consult himhex on  O&  23, Z o a  . Instead of 
the appointed counsel, you may have another, if the lawyer you request is in the active military 
service and is reasonably available as determined according to AFI 5 1-201, Administration of 
Military 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. 

has been obtained to assist you.  An 

ZrVb 

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 these statements to the discharge 
authority with the case file to be considered with this recommendation.  If you fhil 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 at your Unit Orderly room. 

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 acknowledgement and return it to me immediately. 

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

Commander 

Attachments: 
1. Supporting Documents 
1.1  LOR dated 16 Oct 02 
1,2 Art 1 S dated 9 Qct 02 
2.  Airman's  Receipt of Notification/Recoupment Memorandum 
3.  Airman's  Statement 
4.  EPRs