NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AFSNISSAN 

TYPE GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

RECORD REVIEW 

YES 

No 
X 

I 

I 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

I 

GEN 

' 

UOTHC 

1  O T H E R Z Y - 1  

ISSUES  A93.01 
A94.05 

INDEX NUMBER 

A67.10 

I 

I 

EXHIBITS SUBIlllTED TO THE BOARD 

1 
1  /  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR  REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 

1  HEARINGDATE 
24 Aug 2006 
APPLICANTS  ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISC1;SSE.D  ON  THE A'l'rAC'HEU AIR FORCE DISCHARGE UVIEW BOARD DECISIOKAL RATIONALE 

FD-2005-00482 

CASE NUhlBER 

I 

I 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 

1  PERSONAL APPEARANCE 
(  TAPE RECORDING OF PERSONAL APPEARANCE 

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 AFBCMR 

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

TO: 

1 
, - -- 
SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

MDORSE,CIENT 

- -  --  -- 

8 

l 

- 

- - - -  

' 
DATE:  8128R006 

-- 

- 

SECRETARY OF THE AIR FORCE PERSONNEL COLlNClL 
AIR  FORCE DISCHARGE REVIEW BOARD 
I535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

1 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00482 

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 it was too harsh.  He was discharged with an 
under honorable conditions (general) discharge for minor disciplinary infractions after 10 months, 26 days of 
active duty service. The applicant requests upgrade of his discharge in order to improve his chances of 
employment upon graduation from ITT Technical Institute.  The records indicated the applicant received 
three Letters of Reprimand, two Letters of Counseling, and placement on the Control Roster for misconduct. 
His Letters of Reprimand were for reckless driving; failure to go; and for operating a POC off a maintained 
road, being argumentative with a police officer and wearing an earring.  He was also counseled on two 
separate occasions for failure to go and receipt of a citation for illegal parking.  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 DRB was pleased to see that the applicant was doing well and is currently enrolled at ITT 
Technical Institute.  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 3.  Applicant contends that he should not be penalized indefinitely for mistakes he made when young. 
The DRB recognized the applicant was 19 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  TheBoard opined the applicant was older 
than the vast majority of first-term members who properly adhere to the Air Force's  standards of conduct. 
The DRB concluded that the characterization of the applicant's  discharge was appropriate due to the 
misconduct. 

If he can provide additional documented information to substantiate an issue, the applicant should consider 
exercising his right to make a personal appearance before the Board.  If he should choose to exercise his 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual 
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the 
community. 

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,  b b  

(Former AlC)  (HGH AlC) 

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

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Elmendorf AFB, AK on 22 
Jun 00 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 27 May 81.  Enlmt Age: 17 9/12.  Disch Age: 19 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-48,  E-53,  G-48,  M-77. PAFSC: 2A634 -  Aircraft Fuel Systems 
Apprentice. DAS: 20 Nov 99. 

b.  Prior Sv:  (1) AFRes 12 Mar 99 -  27 Jul 99  (4 months 16 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 28 Jul 99 for 6 yrs. Svd: 00 Yrs 10 Mo 26 Das, all AMS. 

b.  Grade Status:  A1C -  5 Nov 99 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: CR, 23 MAY 00 -  Substandard off duty conduct. 

LOR/UIF, 18 MAY 00 -  Citation for operating a POV off a 
maintained road, argumentative with 
the issuing officer, and wearing an 
earring. 

LOR, 04 APR 00 -  Failure to go. 
LOCI 23 MAR 00 -  Citation for illegal parking. 
LOC, 16 MAR 00 -  Failure to go. 
LOR, 03 MAR 00 -  Reckless driving. 

f.  CM:  None. 

g.  Record of SV: None 

h.  Awards &  Decs :  AFTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (03) Mos  (11) Das 
TAMS: (00) Yrs  (10) Mos  (26) Das 

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

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Character Reference. 

To Whom It May Concern: 

...................... 
I: -..-.-..-.-..-... 

._.. i am applying for an upgrade from my current discharge of 
General to Honorable.  Admittedly I have made some mistakes during my time in the 
service, but 1 believe L tried hard to do my best.  The problems 1 have had are relatively 
minor in nature and do not warrant depriving me of an Honorable Discharge.  I a.m 
currently enrolled at ITT Technical Institute in Oxnard CA, and strongly believe after 
graduation if given an upgrade in my discharge it would greatly improve my chances of 
g~unful employment in the tield of study I am currently enrolled. 

Though my service to our country has not been perfect, I do not believe that it 
must be in order to be characterized as honorable.  I have done my best and done my 
duty. 1 have had some minor problems, but nothing too slgniticant.  Each of my 
-- --- I think that is important.  I 
problems has been handled by counseling or reprimand and 
believe it shows that my unit dso viewed them & minor in nature.  1 have'no excuse for 
what I have done and I take responsibility for my actions, I simply don't believe further 
punishment through a general discharge 1s warranted. 

Thank you for your time and consideration.  I hope you will see that I am not a 

bad aiman and am deserving of an honorable discharge 

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

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

JWI  8  :v;\ 

MEMORANDUM FOR 3 CRSLGMCF (A 1 Q 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

3 

FROM:  3 CRS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for misconduct based on 
minor disciplinary infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.49.  If my recommendation is approved, your service will be characterized as 
honorable, general, or under other than honorable conditions.  I am recommending your service 
be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 24 Apr 00, you were issued a citation for operating a POV off a maintained 
road, you were argumentative with the issuing officer, and were observed wearing an earring. 
For these offenses you received a Letter of Reprimand (LOR), dated  18 May 00, and an 
Unfavorable Information File (UIF) was established. 

b.  On or about 4 Apr 00, you failed to go at the prescribed time to your appointed place of 

duty.  For this offense you received an LOR,  dated 4 Apr 00. 

c.  On or about 22 Mar 00, you were issued a citation for your second instance of parking in a 

no parking zone.  For this offense you received a Letter of Counseling (LOC), dated 23 Mar 00. 

d.  On or about 8 Mar 00, you failed to go at the prescribed time to your appointed place of 

duty.  For this offense you received an LOC, dated 16 Mar 00. 

e.  On or about 3 Mar 00, you operated your POV in a reckless and dangerous manner.  For 

this offense you received an LOR, dated 3 Mar 00. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you are discharged or retained in the Air Force and, if you are 
discharged, how your service will be characterized.  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. 

you.  I have made an appointment for you to consult Capt 1 ..-,.-.... . 

4.  You have the right to consult legal counsel.  Military legal 
Rrn 330 on  7 3 a 06  at  0 0 h,  . You may consult civilian counsel at your own 
expense. 

, - - - - counsel 

- - - - - - - , has been obtained to assist 
' 552-3887, at Bldg 10480, 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after the date of this letter 
unless you request and receive an extension for good cause shown.  I will forward any statements 
you provide to the separation authority. 

6.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for medical examinations.  You must report, with your medical 
records, to the 3rd Aerospace Medicine Squadron, Bldg 5595, at 
for your first exam, at which time you will be notified of the time for your second exam.  You are 
to refiain from alcohol for 72 hours, and'refiain from the use of tobacco products for 6 hours, 
prior to examination.  Bring eyeglasses (and contact solution if using contacts) if applicable. 
You must be in uniform for these examinations. 

on  8 3- 

k+o 

04 

8.  You have been scheduled for a Transition Assistance Program briefing.  You must report to 
on  $3-  00  . You have also been scheduled 
the Family Support Center at  1130 
for a TMO Household Goods Shipment preprocessing briefing.  You must report to Bldg 85 17 
(People Center), Rm 247 at 0 730 h,  on 12 J u, 0 0 
. You must be in uniform for 
all appointments. 

9.  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 Squadron Orderly Room. 

.---------------------------------v-----------------m 

Commander 

Attachments: 
1.  AF Form 1058,24 May 00 
2.  LOR,  18 May 00 
3.  LOR, 4 Apr 00 
4.  LOC, 23 Mar 00 
5.  LOC,  16 Mar 00 
6. LOR, 3 Mar00