NAME O F  SERVICE MEMBER (LAST, FIRST MLDDLE INI'I'IAI,) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  AFSNISSAN 

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I  NAME OF COIINSEL AND OR ORGANIZATION 

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ADDRESS AND OR ORCAYIXA I ION OF COLNSEL 

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MEMBER SITTING 

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VOTE OF THE BO&$W>, 

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DENY 

ISSIIES 

A94.05 

INDEX hL MBER 

A67.10 

HEARING DATF. 

CASE NUMBER 

Case heard  in Washington, D.C. 

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EXHIBITS SUBMJTTEDTO THE BOARD 

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ORDER APPOINTING 1.1 IE BOARD 
APP1,ICAl'ION  FOR REVIEW OF DISC1 IAKGC 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL. FI I.F. 
COUNSEL'S  RE1,EASE TO THE BOARD 
ADDITIONAL EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL APPEAMNCE 

I  TAPE KKCORDING OF PERSONAL AI'I'EARANCE  HE 

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. 

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SAFIMRBR 
550 C STREE'P WEST, SUITE 40 
RANIIOLPH AFB, 'rX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF TllE AIR  FORCE PERSONNEL COIJNCII. 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DH, Eh! WlNG.3RD FI.OOR 
ANDREWS AFB, MD 20762.7002 

. 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00033 

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. 

lSSUE: 

Although not explicitly stated, the applicant contends his discharge was inequitable because it was too harsh. 
He contends that he was told he was being discharged because of CDC failure.  The records indicated the 
applicant received an Article  15, a Vacation, six Letters of Reprimand, and five Letters of Counseling for 
misconduct.  He was administratively disciplined with six Letters of Reprimand Tor  making inappropriate 
comments about another airman's religion, being disorderly on duty, failure to go, failure to progress 
satisfactorily in OJT, failure to complete CDC Volumes by established completion dates, and for being 
incapacitated for the proper performance of duties as a result of previous overindulgence of alcohol.  He 
received Letters of Counseling for failure to progress in OJT, failure to have his boots cleaned and polished, 
and being derelict in the performance of duties.  The applicant received an Article  15 for failure to go to 
appointed place of duty.  He was disciplined with a suspended reduction in grade to airman basic and 
forfeiture of pay for two months.  The Vacation action was for failure to go to appointed place of duty.  This 
action resulted in his reduction in grade to airman basic.  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 A ~ C )  

1.  MATTER UNDER  REVIEW:  Appl recld a GEN Disch fr USAP Hickam AFB, HI on 6   Jul 
04 UP  AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 2 Sep 85.  Enlmt Age: 17 3/12.  Disch Age: 18 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-69,  E-61,  G-70,  M-58. PAFSC: 2A733 -  Aircraft Structural 
Maintenance Apprentice. DAS: 29 Aug 03. 

b.  Prior Sv:  (1) AFRes 19 Dec 02 -  17 Feb 03  (I month 29 days) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Feb 03 for 6 yrs. Svd: 01 Yrs 04 Mo 19 Das, all AMS. 

b.  Grade Status:  AB -  22 Apr 04  (AF Form 366, 2 6   May 04) 
Amn -  2 2   Apr 04  (Article 15, 22 Apr 04) 
A1C -  25 Jan 04 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 26 May 04, Vacation, RAF  Lakenheath, UK -  Article 8 6 .  

You did, on or about 10 May 04, without authority, fail 
to go at the time prescribed to your appointed place of 
duty, to wit: Aircraft Structural Maintenance shop. 
Reduction to AB.  (No appeal)  (No mitigation) 

(2) 22 Apr 04, RAF  Lakenheath, UK -  Article 86.  You did, 
on or about 2 Apr 04, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: Aircraft Structural Maintenance shop.  You did, on 
or about 5 Apr 04, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit 
Aircraft Structural Maintenance shop.  Reduction to AB 
(reduction below Airman suspended).  Forfeiture of 
$150.00 pay per month for 2 months.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 08 APR 04 -  Incapacitated for the proper performance 

of duties as a result of previous 
overindulgence in intoxicating liquor. 

LOR, 02 APR 04 -  Dereliction of duty. 
LOC, 01 MAR 04 -  Dereliction of duty. 
LOC, 25 FEB 04 -  Dereliction of duty. 

LOR, 24 FEB 04 -  Failure to complete CDC. 
LOC, 17 FEB 04 -  Failure to have boots cleaned and 

polished. 

LOR, 17 FEB 04 -  Failure to go. 
LOC, LO FEB 04 -  Failure to progress in OJT. 
LOR/UIF, 11 JUL 03 -  Disorderly on duty. 
LOR/UIF, 07 JUL  03 -  Making inappropriate comments. 
LOC, 10 JUN 03 -  Making inappropriate comments. (Mentioned 
on LOR, 07 Jul 03, but missing from file) . 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (06) Mos  (1.8) Das 
TAMS:  (01) Yrs  (04) Mos  (19) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 Jan 06. 

(Change Discharge to Honorable) 

Issue 1:  I believe my discharge is improper because the reason I was told I 
would be discharged was because T  failed my Career Development Course  (CDC), yet 
the reason on my discharge is "Bad Conduct". (sic) I cannot possibly see how 
failing my CDC's (sic) can be seen as immoral, unethical, and wounding to the 
United States Air Force.  T understand that my former Commander made the choice 
to not give me a second chance to study and take my test again, and decided that 
it would be in the best interest of the Air Force not to do so.  But T believe 
that "Bad Conduct1' is not an applicable or acceptable reason for my discharge, 
and I don't think that I should have my service in the United States Air Force 
smeared because of one person's error. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

48th RIGHTER WING (USAFE) 

~ E M O ~ N ' r X J M  FOR AR.. . . -. . -. -. . -. -. . -. -. . -. . . . -. . . . -. . . . -. . -. - !! 
FROM: 48 EMSICC 

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

' 48 EMS 

SUBJECT: Notification Memorandum 

1.  I arn recommending your discharge fiom the United States Air Force for Minor Disciplinary 
Inikactions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. If my 
recommendation is approvd, your service will be characterized as Honorable or Under 
Honorable Conditions (General).  I am recommending that your service be characterized as 
Under Honorable Conditions (General). 

2.  My reasons for this action are: 

a.  At or near RAF Lakenheath, UK, on or about 10 May 04 you did, without authority, fail to 
go at the time prescribed to your appointed place of duty and received a Vacation of Non-judicial 
Punishment (NJP), dtd 26 May 04; 

b.  At or near RAX; Lakenheath, UK, on or about 5 Apr 04 you did, without authority, fail to 

go at the time prescribed to your appointed place of duty and received NJP, dtd 22 Apr 04; 

c.  At or near RAF Lakenheath, UK, on or aboixt 2 Apr 04 you did, without authority, fail to 
go at the time prescribed to your appointed place of duty and received the same as in paragraph 
2b; 

d.  At or near RAF Lakenheath, UK, on or about 2 Apr 04 you were, as a result of wrongful 
previous overindul~ence in intoxicating liquor incapacitated for the proper performance of your 
duties and received a Letter of Reprimand (LOR), dtd 8 Apr 04; 

e.  At or near RA?3 Lakenheath, UK, on or about 29 Mar'04 you were derelict in the 

performance of your duties in that you failed to complete volume 5 of your Career Development 
Course (CDC) and received an LOR, dtd 2 Apr 04; 

f.  At or near RAF Lakenheath, UK, on or about 27 Feb 04, you were derelict in the 

performance of your duties in that you failed to comply with your shops ~stablished break 
schedules and received a Letter of Counseling (LOC), dtd 1 Mar 04; 

g. At or near W Lakenheath, UK, on or about 23 Feb 04, you were derelict in the 

performance of your duties in that you failed to comply with AFI 2 1 - 1 0 1 by failing to properly 
document a tool inventory and received an LOC, dtd 25 Feb 04; 

h,  At or near RAF Lakenheath, UK, on or about 23 Feb 04 you were derelict in the 

performance of your duties in that you failed to complete volume 3 of your Career Development 
Course (CDC) and received an LOR, dtd 24 Feb 04; 

' 

I 

i,  At or near RAF Lakenheath, UK, on or about 17 Feb 04, you failed to comply with the 

standards of AFI 36-2903 by not having your boots within standards and received an LOC, dtd 
17 Feb 04; 

j. At or near RAF Lakenheath, UK, on or about 6 Feb 04 you 'were derelict in the 

performance of your duties in that you failed to complete volume 3 of your Career Development 
Course (CDC) and received an LOC, dtd 10 Feb 04; 

k.  At or near RAF Lakenheath, UK,  on or about 4 Feb 04 you did, without authority, fail to 
go at the time prescribed to your appointed place of duty and received an LOR, dtd 17Feb 04; 

1.  At or near RAF Lakenheath, UK, on or about 3 Feb 04 you did, without authority, fail to go 
at the time prescribed to your appointed place of duty and received the same as in paragraph 2k; 

m. At or near Sheppard Air Force Base, TX, on or about 1 1 Jul03 you were disorderly while 

on duty and received an LOlUIJnfavorable Information File (UF), dtd 1 1 Jul03; and 

n. .At or near Sheppard Air Force Base, TX, on or about 7 Jul03 you were found to have 

made inappropriate comments towards another Airman about his religion and received an 
LOR/UIF, dtd 7 Ju103.  Furthermore, you were denied promotion to E-3 on 25 Jul03 because of 
this rnisqnduct. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial 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 and any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel, 
DSN 226-3608, has been obtained to assist you.  An appointment has been scheduled for you to 
consult them at 
expense. 

. You may consult civilian counsel at your own 

, Bldg. 977, 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by + // T a  A/  o V 
unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority, 

6.  You are ordered to report to the Separations section at the MPF within two days of the 
date your acknowledgement of this notification. 

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

8.  You must schedule an appointment with your Primary Care Manager, who will provide you 
with a DD Form 2697, Assessment of Health Care.  You should then report to the Physical 
Exams Section at the 48th Medical Group during walk-in hours, with your DD Form 2697. 
Walk-in hours for Physical Exams are 0900-1400, Monday thm Friday.  If you wear eyeglasses, 
you must bring them with you.  If YOU are unable to make any of your scheduled appointments, 
you must contad the First Sergeant immediately. 

*. 

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 unit orderly room. 

10,  The separation authority will make the findings and recommendation required under 10 
U.S.C 2005 (g). 

1 1.  Execute the attached acknowledgement and return it to me immediately. 

C . - . - . . . . - . - . . . . . . - - - - - - - - - - - - - - - - - - - - - J  

Commander 

Attachments: 

1.  Vacation NJP, dtd 26 May 04 
2.  NIP, dtd 22 Apr 04, wIAtch 
3.  LOR, dtd 8 Apr 04, w1Atch 
4.  LOR, dtd 2 Apr 04, w/Atch 
5 ,   LOC, dtd 1 Mar 04 
6.  LOC, dtd 25 Feb 04 
7.  LOR, dtd 24 Feb 04 
8.  LOC, dtd 17 Feb 04 
9.  LOC, dtd 10 Feb 04 
10. LOR, dtd 17 Feb 04 
1 1. LOR, dtd 1 1 Jul03, w1Atch 
12. LOR, dtd 7 Jul03, w/Atchs 
13. Member's Acknowledgement and Recoupment Statement 
14. Records Review IiIP