NAME OF SERVICE MEMBER (LAST, FI W I '  M I  I)I)I,E  I NrI'IAI .) 
............................. 

C-..-..-..-..-..-..----------l 
TYPE  GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND ORORGANIZATION 

YES 

No 
X 

AIR FORCE DlSCllARGE REVIEW BOARD HEARING RECORD 

GRADE 

AB 

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

RECORD REVIEW 

X 
ADDRESS ANDOH OHGANI/.AIION  OF COUNSEL 

V O ~ $ ~ ~ r n B o r n ~ ~  
DENY 

;, 
1J0111C  I  OI'HEK 

GEN 

7 &Yd 

I 

MEMBER SITTING 

. . . -. .  -- 

HON 

INDEX NIJMOER 

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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. 

X - Upgrade, Reason and Authority, and RE Code 

AFliQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBER 

FD-2005-00492 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to change the reenlistment code. 

'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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

The  Roard  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:  Applicant received a General discharge for Pattern of Misconduct 

Applicant  contends that  he  was  immature  and not  emotionally  able to  handle  the  situation he  was  in.  He 
states that  two weeks prior  to his  departure  for BMTS his  wife was  shot  in a random  act  of violence.  He 
kept his departure and tried to make it work.  Duc to seriousness of injuries his wife and daughter were not 
able to join  him  in the  service.  These  stresses led to  his misconduct  and  discharge.  The records indicate 
applicant  reccived  an  Article  15, three  Lettcrs  of  Reprimand  and  a  Record  of  Individual  Counseling  h r  
misconduct  including  late for duty, failure to coinplete career developlncnt  course, Sailure to rcport back  to 
work on time and dereliction  oS duty--for underage drinking.  After thorough review of the record  the Board 
found no inequity or impropriety and concluded that the characterization of the discharge was appropriate. 

The Board notes that if the applicant can provide additional documented information to substantiate an issue, 
the  applicant  should  consider  exercising  his  right  to  make  a personal  appearance  before  the  Roard.  If  he 
should  choose to  exercise  his  right  to  a personal  appearance  hearing,  the  applicant  should bc  prepared  to 
provide the Roard 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 f~lrther concludes that there exists no lcgal 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, D 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Cannon AFB, NM on 13 Jan 
97 UP AFI 36-3208, para 5.50  (Pattern of Misconduct).  Appeals for Honorable 
Discharge, and to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Nov 77.  Enlmt Age: 17 8/12.  Disch Age: 19 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-41,  E-39,  G-36,  M-52. PAFSC: 2A333C -  Tactical Aircraft 
Maintenance Apprentice. DAS: 14 Jan 96. 

b.  Prior Sv:  (1) AFRes 8 Aug  95 -  15 Aug 95  (8 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 16 Aug 95 for 4 yrs. Svd: 01 Yrs 04 Mo 29 Das, all AMS. 
b.  Grade Status:  AB -  22 Nov 96  (Article 15, 22 Nov 96) 

Amn -  Unknown. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 22 Nov 96, Cannon AFB, NM  -  Article 92.  You, who knew 
of your duties, on or about 8 Nov 96, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from drinking alcoholic beverages 
while under the age of 21, as it was your duty to do. 
Reduction to AB, and 45 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 03 JAN 97 -  Late for duty. 

LOR, 30 DEC 96 -  Failure to report back to work on time. 
RLC, 24 OCT 96 -  Failure to complete CDC. 
LOR/UIF, 15 JUL 96 -  Failure to contact anyone that he 

would be late for duty. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (01) Yrs  (05) Mos  (06) Das 
TAMS: (01) Yrs  (04) Mos  (29) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD  Fm 293) dtd 20 Dec 05. 

(Change Discharge to Honorable Discharge, and Change the RE Code, Reason and 

Authority for Discharge) 

Issue 1:  I am asking that my reentry code be upgraded to one that is 
suitable for me to reenlist into the Armed Services.  I feel that when I 
enlisted in Aug 9 5 '   that I was to  (sic) immature and not emotionally able to 
handle the situation I was in.  Two weeks before I left to BMT my then wife was 
shoot (sic) in a random act of violence.  I kept my departure date and tried to 
make it work.  Due to the seriousness of the injury she and my daughter were not 
able to join me in the service,  Not knowing how to cope and being to immature 
at the time, I felt compelled to find a way out of the Air Force.  That is what 
led me to the misconduct and wrong judgements that I made.  Now ten years later 
I am asking for a second chance to better myself through a career in the Armed 
Services. 

ATCH 
None. 

a  DEPARTMENT OF THE AIR FOR ? E 

HEAMUARTER3 2nh AQHTER WING (KC)- 
CANNON MR FOFICE W E .  NEW MEXICO 

FROM: 429 ECSICC 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for misconduct, 
specifically, a pattern of misconduct.  The authority for this action is AFPD 36-32 and AFI 36- 
3208, paragraph 5.50. If my recommendation is approved, your service will be characterized as 
honorable or general.  I am recommending  that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 3 Jan 97, you failed to go to your appointed place of duty at the prescribed 

time, as evidenced by a Letter of Reprimand, dated 3 Jan 97 (Atch la). 

b.  Between on or about 26 Dec 96 and on  or about 30 Dec 96, you failed to go to your 
appointed place of duty at the prescribed time, as evidenced by a Letter of Reprimand, dated 
30 Dec 96 (Atch 1 b). 

c.  On or about 8 Nov 96, you consumed alcoholic beverages while under the legal drinking 

age, as evidenced by an Article 15, dated 22 Nov 96 (Atch lc). 

d, On or about 24 Oct 96, you still had not completed Volume III of your CDC which were 

due on  10 Oct 96, as evidenced by a Record of Individual Counseling, dated 24 Oct 96 (Atch Id). 

e.  On or about 15 Jul96, you failed to go to your appointed place of duty at the prescribed 

time, as evidenced by a Letter of Reprimand, dated 15 Jul96, and LTIF dted 24 Jul96. (Atch le). 

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 will be 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.  Special pay, bonuses, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have m  de an a 
' at building 327, ext. 2915 on 

1  b@)b  hours.  You may consult civilian counsel at your own expense. 

intrnent for you to consult Captaini 

.-----------. 
. . -. . -. . -. .$ 

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 3 workdays from today unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

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

7,  You completed a medical examination at the 27th Medical Group on 8 Jan 97. 

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 in your unit orderly room. 

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

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

Commander, 429 ECS 

Attachments 
1.  Supporting Documents 
2.  Other Derogatory Data 
3,  Airman's Acknowledgment 
norifdoc