AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDI)I.,E  INITIAL) 
I  ;...-..-.-..-....-.---------------- 

c.-....-....-..-.-.---------------: 
TYPE  GEN 
COPNSEL 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

GRADE 

AB 

X 

AFSNISSAN 

.---------------- 
...-....-..-.-..' 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COIINSFI, 

YES 

Nu 

X 

I 

I 

MEMBER SITTING 

-"-'-" 
-THC 

t ION 

VQTE OF 

BOY@@ 

xi.  .,-., . ..". .- . 
I  O ~ I I E R  I 

DENY 

- L - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

ISSUES 

A95.00/A0.01 

IlEARlNG DATE 

CASE NUMBER 

4 

BRIEF OF PERSONNEL FILE 
COUNSEL'S  FUZLEASE TO THE BOARD 
ADDITIONAL EXHIBI'I'S SUHMI'I"I'F,I)  K l   I IME OF 
PERSONAL APPEARANCE 

'TAPE FUZCORDING OF PERSONAL APPEARANCE HE 

13 Sep 2006 
APPLICANT'S  ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR  FORCE DlSCHAROE RRIIE\V  EIONU)  DECISIONAL RATI0N.U.E 

I 

I 

I 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout  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. 

I 

------------------------------------------------------------------------.---------------------------------- 
I. 

DATE:  9/13/2006 

INDORSEMEKT 

I 

T,, 

FROM 

' 

1 

SAFMRBR 
550 C STREET WES'I', SlJlTE 40 
RANDOLPH AFH, TX 78150-4742 

SFCRFTARS O F  THE AIR  kORCt: PLRSO'lhEL  COI \CIL 
AIR FORCE DISCHARGE  RE\  IEH  BOARD 
1535 ('OUMAhCI  UH.EE  HIM;. 3RD FLOOR 
ANDREWS AFR, MD 111762.70112 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00020 

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:  The applicant stated that he would like be able to utilize the Montgomery GI Bill as his justification 
for requesting  an upgrade  of his  discharge.  The records  indicated the applicant received two  Article  15s, 
seven  Letters  of  Reprimand,  one  Letter  of  Counseling,  one  Record  of  Individual  Counseling,  and  one 
Memorandum for Record for misconduct. The misconduct included making false official statements, absent 
without  leave,  late  for  work,  failure to  follow orders,  returning  from  leave  late,  failure to  pay just  debts, 
failure to go, dereliction of duty, stealing food from refrigerator, and failure to obey a lawful order. 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. 

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 A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Eglin AFB, EL on 23 Feb 
04 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 11 Jan 82.  Enlmt Age: 18 0/12.  Disch Age: 22 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-40,  3-47,  G-50,  M-44. PAFSC: 33731 -  Fire Protection Apprentice. 
DAS: 25 Sun 01. 

b.  Prior Sv:  (1) AFRes 31 Jan 00 -  31 Oct 00  (9 months 1 day) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 01 Nov 00 for 4 yrs.  Extended 4 Sep 03 for 11 months. 

Svd: 03 Yrs 03 Mo 23 Das, all AMS. 

b.  Grade Status:  AB -  20 Jan 04  (Article 15, 21 Jan 04) 

Amn -  10 Oct 03  (Article 15, 10 Oct 03) 
A1C -  01 Mar 02 
Arnn  -  01 May 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 21 Jan 04, Eglin AFB, FL - Article 107.  You, did, on 

or about 19 Dec 03, with intent to deceive, make to MSgt 
; .-.-..-.-..-.-..-.------- 
returned your chemical warfare equipment to building 
1392, which statement was totally false, and was then 
known by you to be so false.  Reduction to AB. 
(No appeal)  (No mitigation) 

r 
'  an official statement, to wit: you 

(2) 10 Oct 03, Eglin AFB, FL - Article 86.  You did, on or 

about 10 Sep 03, without authority, absent yourself from 
your place of duty at which you were required to be, to 
wit: 96'h  Civil Engineering Squadron Fire Department, 
Eglin AFB, Florida, and did remain so absent until on or 
about 19 Sep 03.  Reduction to Arnn.  Suspended 
forfeiture of $645.00 pay.  Reprimand.  (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 29 NOV 03 -  Late for work. 

LOR, 21 NOV 03 -  Failure to follow an order from an SNCO. 
LOR, 20 NOV 03 -  Returning from leave late. 
LOR, 23 OCT 03 -  Failure to pay just debts. 

LOR,  0 6   AUG  0 3   -  F a i l u r e   t o   go. 
LOR,  0 2   FEB 0 3   -  L a t e   f o r   w o r k .  
LOR,  2 9   JAN  0 3  -  D e r e l i c t i o n   of  d u t y .  
LOCI  2 8   JAN  0 2   -  S t e a l i n g   food  f r o m   r e f r i g e r a t o r .  
R I C ,   11  DEC  0 1   -  F a i l u r e   t o   go. 
LOA,  3 0   OCT  0 1   -  F a i l u r e   t o   o b e y   a  l a w f u l   o r d e r   and  m a k i n g  

a  f a l s e   o f f i c i a l   s t a t e m e n t .  

f .   CM: 

N o n e .  

g .   R e c o r d   of  SV:  0 1  N o v   0 0   -  0 1   J u l   02  E g l i n   AFB  3 
0 2   J u l   0 2   -  3 0   M a y   0 3   E g l i n   AFB  3 

( I n i t i a l )  
(CRO) 

h .   A w a r d s   &  D e c s :   AFTR,  NDSM,  AFOUA. 

i .   S t m t   of  S v :  

TMS: 
TAMS: 

( 0 4 )   Y r s   ( 0 0 )   Mos 
( 0 3 )   Y r s   ( 0 3 )   Mos 

( 2 4 )   D a s  
( 2 3 )   D a s  

4 .   BASIS ADVANCED  FOR REVIEW:  A p p l n   (DD  Fm  2 9 3 )   d t d   0 4   J a n   0 6 .  

( C h a n g e   D i s c h a r g e   t o   H o n o r a b l e )  

I S S U E S   ATTACHED  TO  B R I E F .  

ATCH 
1. A p p l i c a n t ' s   I s s u e s .  
2 .   DD  F o r m s   2 1 4  
3 .   Two  C h a r a c t e r   R e f e r e n c e s .  

( M e m b e r   1 & 4 ) .  

DA Military Review Boards Agency 
ATTN: SFBA (Reading Room) 
Room 1E520 
The Pentagon 
Washington DC, 203 10 

To Whom It May Concern: 

I greatly appreciate you taking the time out of your busy schedule to review my letter and 

consider upgrading my discharge status. First of all, I would like to sincerely apologize 

for my behavior during my service in the Air Force. My behavior and attitude was that of 

an immature adult, and without fully understanding how my action would affect the Air 

Force as a whole. For my immaturity and action, I am truly sorry. My actions and attitude 

was not of an Air Force member. They did not exemplify the core values that I promised 

to uphold such as: Service before self, Integrity first, Excellence in all we do. While I was 

in the Air Force I gained valuable skills in leadership, hard work, and discipline. Yet, 

without those skills I would not be the disciplined and focused young man I am today. I 

am also most appreciative to the Air Force for the great bonds I made with people and the 

structure that it instilled in my life. Before my service in the military the only two 

organizations I belonged to were band and track. However, I never felt like I belonged, 

until I found a home in the Air Force. The Air Force as a whole and as an organization 

played an intricate part of shaping the man I am today, with values, discipline, and 

morale. The benefits I lost during my discharge have set me back from a second chance. 

My benefits will help me in my future, with furthering my education as well as bettering 

myself through maturity. My education is the most important aspect of my life, and that 

is why I am pleading to you in this letter. I pray and I know the reinstatement of my 

benefits will enable me to pursue and education, where I will be able to help others like 

me in the future. This will also allow me to become a great asset to my family, 

community, kd  country, which is a desire I have always held. I would like to thank you 

for considering upgrading my discharge status and may God Bless You. 

Sincerely, 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR ARMAMENT CENTER (AFMC) 

EGLlN AIR  FORCE BASE, FLORIDA 

MEMORANDUM FOR 96 ABWICC 

FROM: AACIJA 

.......................... 
SUBJECT:  Legal Review, AFI 36-3208 Administrative Discharge, AB r ......................... 
? 

.--------------- 
1..............> 

' 96 CES (AFMC) 

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

SUFFICIENCY: I reviewed the attached discharge package concerning 

1.  LEGAL 
ABL ......................... 
action for minor disciplinary infractions under AFI 36-3208, paragraph 5.49. 

:and find it legally sufficient to support an administrative discharge 

.......................... 
i.. ...................... I; 
for minor disciplinary infractions according to AFI 36-3208, paragraph 5.49. 

2.  INITIATION OF ACTION:  On 5 F s b m  2004, ~t ~ o l
96 CESICC, notified the respondent he was recommending the respondent be administratively 
discharged 
Lt Col : . . -. . -. -. irecommends the respondent receive a general discharge without probation and 
rehabilitation (P&R).  The respondent is not entitled to an administrative discharge board. 

-  --------. 

 

3.  EVIDENCE CONSLDERED FOR THE GOVERNMENT: AB1, .~. .~. l history of 
misconduct includes nunidous  instances of failure to go to his place of duty, failure to pay just 
debts, disobeying a lawful order and making a false official statement, noted in the notification 
memorandum (Tab 1).  For the above misconduct, the respondent received two nonjudicid 
punishments, seven letters of reprimand, a letter of counseling and a letter of admonishment and a 
record of individual counseling. Copies of the supporting documents are attached to the 
notification memorandum (Tab 1). 

, - - - - - - - - - - I  .. 

.. 

4,  EVIDENCE CONSIDERED FOR THE RESPONDENT: The respondent is a 22 year-old 
fire protection apprentice who enlisted in the Air Force on 1 November 2000.  He was assigned 
to his current unit on 25 June 2001.  The respondent, after being advised of his rights to counsel 
and to submit statements, consulted counsel and submit4 statements for your review (Tab 3). 

5.  DISCUSSION: 

a  Separation Criteria: This file is legally sufficient to support discharge pursuant to 

AFPD 36-32 and MI 36-3208, paragraph 5.49.  Pummt to this paragraph, an airman may be 
administratively discharged if he has engaged in misconduct consisting solely of minor disciplinary 
infractions.  Minor disciplinary infractions would include failure to comply with nonpunitive 
regulations or minor offenses under the UCMJ and usually results in letters of counseling, letters of 
reprimand, or nonjudicial punishments.  In this case, the respondent engaged in several instances of 
minor misconduct under the UCMJ as stated in paragraph 3 above, which merited the use of all of 
the above rehabilitative tools to no avail. 

b.  Character of Discharge: Discharge under paragraph 5.49 can be described as 

*  undbr other than honorable conditions (UOTHC), general, or honorable.  A UOTHC discharge is 

appropriate when there has been a pattern of behavior or one or more acts or omissions that 
constitute a significant departure from the conduct expected of airmen.  A general discharge is 
warranted when an airman's service has been honest and faithfbl, but significant negative aspects 
of the airman's pafonnance of duty outweigh positive aspects of the airman's military record.  An 
honorable discharge would be appropriate when the member's service has been so meritorious that 
any other characterization would be clearly inappropriate.  Based on the respondent's repeated acts 
of misconduct as listed in paragraph 3, an honorable discharge is not appropriate.  Therefore, I 
recommend the respondent be separated with a general discharge. 

c. Probation & Rehabilitation (P&R): Respondent is eligible for P&R under 

AFI 36-3208, chapter 7.  P&R is limited to deserving cases, including those where the airman has 
demonstrated a potential to serve satisfactorily, has the capacity to be rehabilitated for continued 
military service or for completion of the current enlistment, or whose retention on active duty in a 
probationary status is consistent with the maintenance of good order and discipliqe in the 
Air Force.  Past rehabilitative efforts, as set forth in paragraph 3, have been unsuccessfid. 
Consequently, P&R is not recommended in this case. 

6.  OWIONS: As the Special Court-Martial Convening Authority in this case, you have the 
following options: 

a.  Disapprove the discharge action and retain the respondent; 

,  b.  Approve the discharge action and separate the respondent with a general 
discharge, with or without P a ;  

c.  Return the file to the unit with a recommendation to reinitiate the case with a 

recommendation for a UOTHC discharge; or 

d.  Forward the discharge package to the General Court-Martial Convening Authority, 

along with your recommendation that the respondent receive an honorable discharge, with or 
without P&R. 

7.  RECOMMENDATION: For the reasons set forth above, I recommend the respondent be 
discharged from the United States Air Force under AFPD 36-32 and AFI 36-3208, paragraph 5.49, 
with a general discharge, without P&R. 

L.-.. 

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

~hiBf);avme Actions 

I have reviewed the attached discharge package and the foregoing recommendation.  I concur in 
the recommendation. 

I 

c..................-..-..--.-.-..-.--..-..-....: 

Staff Judge Advocate 

Attachment; - - - - - - - - - -; 
Case File i .-..-..-..-..' 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS  BBYH AIR  BABE WINO  (AFMC) 

EGLIN AIR  FORCE BASE FLORIDA 

MEMORANDIJM FOR 

i .................................................. 

i, 
I 96 CES (AFMC) 

FROM:  96 CESICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically 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 that your service be characterized as general conditions. 

2.  My reasons for this action are: 

a.  You did, at Eglin Air Force Base, 

,__ _________ 

to deceive, make to Master Sergeant: .------------------ 
your chemical warfare equipment to building 1392, which statement was totally false, and was 
then known by you to be so false. For this offense you received nonjudicial punishment dated 
2 1 January 2004, 

Florida, on or about 19 December 2003, with the intent 
an official statement, to wit:  you returned 

b.  On 29 November 2003, you failed in your commitment as an Air Force member and 

reported to duty 10 minutes late.  For this offense, you received a letter of reprimand dated 29 
November 2003. 

c.  On 2 1 November 2003, you failed to follow the order of a senior nonmmrnissioned 

officer.  For this offense, you received a letter of reprimand dated 21 November 2003. 

d.  On 20 November 2003 you did not return fiom leave at said time.  For this offense, you 

received a letter of reprimand dated 20 November 2003. 

e.  On 23 October 2003 you failed to pay just debts.  For this offense, you received a letter of 

reprimand dated 23 October 2003. 

f.  You did, at Eglin Air Force Base, Florida, on or about 10 September 2003, without 

authority, absent yourself from your place of duty at which you were required to be, to wit: 96& 
Civil Engineer Squadron Fire Department, and did remain so absent until on or about 
19 September 2003.  For this offense, you received nonjudicial punishment dated 
10 Octabm 2003. 

g.  On 6 August 2003 you failed to show up for a mandatory appointment for M-16 training at 

Hulburt Field firing range at 0730. For this offense, you received a letter of reprimand dated 6 
Augbst 2003. 

h.  On 2 February 2003 you failed to show up to work on time.  For this offense, you received 

a letter of reprimand dated 2 February 2003. 

i.  On 22 January 2003 you failed to have all proper documentation to begin Knawldga of 

Pumper Operations practicum. For this offense,  you received a letter of reprimand dated 29 
January 2003. 

j. On 28 January 2002 at approximately 1500, you were caught taking food out of the 
refrigerator that was not yours. For this offense you received a letter of counseling dated 
28 January 2002. 

k. On 1 1 December 2001 failed to report to Vehicle Licensing training. For this offense you 

received a record of individual counseling dated  1 1 December 200 1. 

1. On 29 October 2001 you disobeyed a lawful order and made a false official statement. For 

this offense you received a letter of admonishment dated 30 October 200 1. 

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

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
An appointment has been made for you to consult Capt ;. . . . . . . . ,. . . . . .; at Building 45 1, on 
5 February 2004 at 1445 hours.  You may consult civilian counsel at your own expense. 

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 fimm 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 in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7. You will complete a medical examination with the 96th Medical Group, Force Health 
Management section, located at the main hospital on the 2nd floor, on 6 E'ebruory 2004 at 0715 
hours. 

8.  You have been scheduled for an appointment with the 96th Mission Support Squadron, 
separations section, on 6 February 2004 at 1400 hours. 

9.  Immediately after completion of your separation briefing, report to the 96th Traffic 
Managanent Office to schedule you household goods pickup. . If you have a TMO pickup, it 

'  must be before picked up before 18 February 2004. 

\ 
10.  If you live in base housing, you need to report to the base housing office immediately after 
you complete you TMO processing, to set up your prdpost inspections. 

1 1.  You are required to receive a briefing from the Family Support Center prior to your 
Separation. You have been scheduled to receive your Transition Assistance Management 
Program (TAMP) briefing on 10 February 2004 at 0800 hours. 

12.  Any personal information you furnish in rebuttal is covexed by the Privacy Act of 1974. 
A copy of AFI 36-3208 is available for your use in your unit orderly room. 

13.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 

L....................-.-..-....-..-.,..-....-....-..-.-..-' 

Commander 

Attachments: 
1.  Supporting Documents 
2.  Airman's  Acknowledgment