NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  AFSNRSAN 
1  -..-............., 

 
RECORDREVIEW 

I

'

TYPE GEN 
COUNSEL 

YES 

No 

I 

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

PERSONAL APPEARANCE 

1 

I 

SRA 
I 

I 

I 
IX 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

GEN 

UOTHC 

I  OTHER 

I  DENY 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
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 

TAPE RECORDlNG OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

24 Aug 2006 
APPLICANT'S ISSUE AW THE BOARD'S  DECISIONAL RATIONAL ARE DISCOSSED ON TtU: ArTACHED AIR  FORCE DISCHARGE REVIEW B O W  DECISIONAL RATIONALE 

FD-2005-00500 

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 AFBCMR 

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

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

INDORSEMENT 

.--------..*.----.- 

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

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE  DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00500 

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: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
He contends that he was brought into OSI, read his rights and finger printed for a crime he did not commit. 
He contends that his records should only indicate that he received a Letter of Reprimand.  A review of his 
records indicated he received six Letters of Reprimand (LOR's), a Letter of Admonishment (LOA), a 
Memorandum for Record (MFR) and a Record of Individual Counseling (RIC) for misconduct.  His LOR's 
were for financial irresponsibility; assault, mutual affray and damage to personal property; being late to work 
on three occasions; dereliction of duty; and conduct unbecoming of an Air Force member and prejudicial to 
good order and discipline.  The LOA, MFR, and RIC were for being late for duty on two occasions; leaving 
detail early without permission; and financial irresponsibility.  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. 

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,  MD 

(Former SRA) (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Hickam AFB, HI on 15 Aug 
97 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Dec 72.  Enlmt Age: 20 3/12.  Disch Age: 24 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-40,  E-43,  G-44,  M-21. PAFSC: 3P051 -  Security Journeyman. 
DAS: 27 Feb 95. 

b.  Prior Sv: (1) AFRes 29 Mar 93 -  15 Apr 93  (18 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 16 Apr 93 for 4 yrs.  Extended on 22 Sep 94 for 23 

months.  Svd: 04 Yrs 04 Mo 00 Das, all AMS. 

b.  Grade Status:  SrA -  16 Apr 96 
A1C -  16 A u ~  94 
Amn -  16 Oct 93 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR/UIF, 11 JUL 97 -  Conduct unbecoming an Air Force member 

and prejudicial to good order and 
discipline. 

MFR/UIF, 16 MAY 97 -  Leaving detail early without 

permission. 

LOR/UIF, 14 MAY 97 -  Dereliction of duty. 
CR, 24 MAR  97 -  History of financial irresponsibility. 
LOR/UIF, 10 MAR 97 -  Financial irresponsibility. 
LOR, 14 JAN 97 -  Late for work on three occasions. 
RIC, 14 JAN 97 -  Financial irresponsibility. 
LOA, 21 NOV 96 -  Late for duty on two occasions. 
LOR, 20 AUG 96 -  Assault, Mutual Affray, and Damage to 

LOR, 14 JUL 96 -  Financial irresponsibility. 

personal property. 

f.  CM:  None. 

g.  Record of SV: 16 Apr 93 -  15 Dec 94  Barksdale AFB  5  (Initial) 
4  (Annual) 
5  (Annual) 

16 Dec 94 -  15 Dec 95  Hickam AFB 
16 Dec 95 -  15 Dec 9 6 .  Hickam AFB 

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

i.  Stmt of Sv:  TMS: (04) Yrs  (04) Mos  (18) Das 
TAMS:  (04) Yrs  (04) Mos  (00) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 22 Dec 05. 

(Change Discharge to Honorable) 

Issue 1:  I was brought in to OSI and was read my rights and fingerprinted 
for a crime I didn't commit.  OSI sent those fingerprints in to police records 
which reflects that I have been convicted of a felony while serving in the USAF 
There is no evidence nor was there any ever discovered or produced.  There are 
no records to show that I was ever even court-martialed because I wasn't. 
Records should indicate that all I received was an Letter of Reprimand  (LOR). 

All the LOR indicates for the satisfaction of superiors is that I was involved 
in actions unbecoming of an Air Force member.  As well, I was placed under 
investigation for a time period of three months no evidence was ever found or 
presented.  I returned to duty only to receive a letter of reprimand and an 
(sic) General Discharge (Under Honorable Conditions) instead of an apology.  I 
will acknowledge that this should have been done years ago seeing that it has 
had an  (sic) great impact on my life and family along with the fact that my 
record indicates that I served my country extremely well.  I believe after the 
board reviews all avenues of my record you will see that I very well deserve an 
upgrade to an Honorable Discharge. 

ATCH 
None. 

hEMORANDuM FOR SrA1- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i 15 SFS 

,.-.-....-....-.-..-.~....-.-..-.-....-....-.- 

FROM:  15 SFSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for 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 or General.  I am 
recommending that your service be characterized as General. 

2.  My reasons for this action are: 

a.  On 1 1 Jul97, you received a Letter of Reprimand (LOR) for conducting yourself in a manner 

which was unbecoming an Air Force member and prejudicial to good order and discipline (Atch 2).  This 
information was also entered into your existing Unfavorable Information File (UIF) on 18 Jul97 
(Atch 3). 

b.  On 8 May 97 and 13 May 97, you left the Landscape Detail early and falsely recorded on the 
"Sign Out Log" the actual time you left.  On  14 May 97, you left 15 minutes early for lunch without 
permission.  For these offenses, a Memorandum For Record was accomplished, dated 16 May 97 
(Atch 4) and this information was entered into your existing UIF on  13 Jun 97 (Atch 5). 

c.  On 17 Apr 97, you failed to take appropriate corrective action regarding the tire of the vehicle 

that was assigned to you.  For this offense, you received an LOR, dated 14 May 97 (Atch 6) and this 
information was entered into your existing UIF on 13 Jun 97 (Atch 7). 

d.  On 3 Mar 97, you were delinquent in the amount of $858.16 on your car payment.  Also, you had 

an outstanding balance in the amount of $120 for your cable bill.  For these offenses, you received an 
LOR (Atch 8),  dated 10 Mar 97, and a UIF was established on 24 Mar 97, and you were placed on the 
Control Roster (Atch 9). 

e.  On  11 Jan 97, you failed to show up to work on time.  For this offense, you received an LOR, 

dated  14 Jan 97 (Atch 10).  This was your third such offense. 

f.  On 14 Jan 97, you received a Letter of Counseling (LOC), for financial irresponsibility. 

Specifically, you were $1 55.00 past due on your NEXCARD (Atch 1 1). 

g.  On  18 Nov 96, you failed to show up to work on time.  For this offense, you received a Letter of 

Admonishment (LOA), dated 21 Nov 96 (Atch 12). 

h.  On  17 Jul96, you assaulted your wife and was charged with Assault, Mutual Afiay, and 
Damage to Personal Property.  For this offense, you received an LOR, dated 20 Aug 96 (Atch 13). 

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 wi1.l be ineligible for reenlistment in the Air Force. 

--------- 
3.  You have the right to consult counsel.  Military 
made an appointment for you to consult Capt; -- --- -- --- ----- -:, 
on%  Jul97 at 1000 hours.  You may consult civilian counsel at your own expense. 

counsel has been obtained to assist you.  I have 
' Area Defense Counsel, DSN 449-2149, 

,--- --- legal 

4.  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, by  j  Au  93  . , unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

5.  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. 

6.  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 the orderly room. 
........................................ 

1.  .-....-.. .-..-K-.-.-..-...--------: 
Comman{kr,  15  Security Forces Squadron 

Attachments: 
1.  Airman's Receipt of Notification Memorandum 
2.  LOR, dated 11 Ju197 
3.  AF Form 1058, dated 18 Jul97 
4.  MFR, dated 16 May 97 
5.  AF Form 1058, dated 13 Jun 97 
6.  LOR, dated 14 May 97 
7.  AF Form 105 8, dated 13 Jun 97 
8.  LOR, dated 10 Mar 97 
9.  AF Form 1058, dated 24 Mar 97 
10.  LOR, dated14 Jan 97 
11.  LOC, dated 14 Jan 97 
12.  LOA, dated 21 Nov 96 
13.  LOR, dated 20 Aug 96 
14.  LOR, 14 Jul96