MEMBER SITTING 

FD-2006-00044 

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. 

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

550 C STREET WEST, SlJlTE 40 
KAN[)OLPH  AFB, TX 78150-4742 

SECRETARY OF THE AIR FORCE PKHSONNP.1. COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDHEWS AFB, MD 20762-1002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 
,.. 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

CASE NUMBER 

FD~2006~00044 

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.  Although not explicitly stated, applicant contends discharge was inequitable because it was too 
harsh.  The records indicated the applicant received two Article 15's, two Letters of Reprimand, and a Letter 
of Counseling for misconduct.  The applicant was administratively disciplined with two Letters of 
Reprimand and a Letter of Counseling for failures to go.  The applicant had further misconduct and received 
his first Article 15 for failure to go to appointed place of duty.  He was punished with a restriction to base for 
60 days and restricted from all base facilities that served alcoholic beverages for 60 days.  The second 
Article 15 was for being absent from the 5 1  Logistics Readiness Squadron for eight days, failure to obey an 
order to report to his First Sergeant, and writing checks with insufficient funds in his account.  He was 
reduced in grade to airman, restricted to his base for 30 days and restricted from all base facilities that served 
alcoholic beverages for 30 days.  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.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

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 AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Hickam AFB, HI on 29 Sep 
05 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Aug 83. Enlmt Age: 17 11/12.  Disch Age: 22 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-55,  G-62,  M-4-7. PAFSC: 2T251 - Air Transportation 
Journeyman. DAS: 18 May 04. 

b.  Prior Sv:  (I) AFRes 2 Aug 01 -  26 Nov 01  (3 months 25 days)(Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 27 Nov 01 for 6 yrs. Svd: 03 Yrs 10 Mo 03 Das, all AMS. 

b.  Grade Status:  A m  -  15 Aug 05  (Article 15, 15 Aug 05) 

SrA -  11 May 04 
A1C -  11 Jan 02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) -15 . .- Aug -. 

to wit:  "to report to the First Sergeant's 

05, Osan AB, Korea -  Article 86.  You did, on or 
about 1 8   May 05, without authority, absent yourself from 
your unit, to wit: 5lSt Logistics Readiness Squadron, 
located at Osan AB, Korea, and did remain so absent 
knowledge of a lawful order issued by SMSgt d 
until on or about 26 May 05.  Article 92.  You, havin 
-1 
office", an order which it was your duty to obey, did, 
on or about 17 May 05, fail to obey the same by 
wrongfully failing to report to the First Sergeant's 
office.  Article 134.  You did, between on or about 7 
Jun 05 and on or about 14 Sun 05, make and/or utter to 
Community Bank certain checks, signed by you, and drawn 
upon Armed Forces Bank, of a total value of $2000.00, 
for the purpose of obtaining lawful currency, and did 
thereafter dishonorably fail to maintain sufficient 
funds in said bank account for the payment of said 
checks in full upon their presentation for payment. 
Reduction to Airman.  Restriction to the limits of Osan 
AB, Korea for 30 days.  Restriction from the Challenger 
and Mustang Enlisted clubs, the Officer's club, all 
squadron hooches, the Class VI, and all other base 
facilities that serve or sell alcoholic beverages for 30 

days. (No appeal)  (No mitigation) 

28 Jan 05, Osan AB, Korea -  Article 86.  You, did, on 
or about 21 Dec  04,  without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Building 661.  You, did, on or about 22 Dec 04, without 
authority, fail to go at the time prescribed to your 
appointed place of duty, to wit: Building 661. 
Suspended reduction to A1C.  Restriction to the limits 
of Osan AB, Korea for 60 days.  Restriction from the 
Challenger and Mustang Enlisted clubs, the Officer's 
club, all squadron hooches, the Class VI, and all other 
base facilities that serve or sell alcoholic beverages 
for 60 days.  (No appeal) (No mitigation) 

e.  Additional: LOR, 01 DEC 04 -  Failure to go. 
LOR, 14 SUL 04 -  Failure to go. 
LOC, 30 JAN 04 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 28 Nov 01 -  15 Jul 03   ams stein AB  4  (HAP Dir) 

16 Jul 03 -  02 Mar 04  Ramstein AB  5  (CRO) 
03 Mar 04 -  02 Mar 05  OsanAB  - 

2  (AnnualIREF 

h.  Awards &  Decs:  NDSM, AFOSLTR, AFTR, AFOUA W/VALOR W/2 OLCS, AFGCM, 

GWOTSM, KDSM, A&SCM, AFOSSTR . 

i.  Stmt of Sv:  TMS:  (04) Yrs  (01) Mos  ( 2 8 )   Das 
TAMS:  (03) Yrs  (10) Mos  (03) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Jan 06 

(Change Di-scharge to Honorable) 

Issue 1:  My discharge was inequitable because it was based on incidents 
during a 5 month span.  I feel that I have served 46 months and only 5 months 
were not honorable.  I feel I served the majority of my service honorably. 

ATCR 
None. 

a 

DEPARTMENT OF THE AIR FORCE 

51st Logistics Readiness Squadron 

UNIT 2069 

APO AP 96278-2069 

0 

MEMORANDUM FOR M

I

I

5 1 LRS 
,

 

FROM: 5 1 LRS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending y o u  discharge from the United States Air Force based,upon a Pattern of 
Misconduct, Conduct Prejudicial to Good Order and Discipline,  The authority for this action is 
AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative 

'  ~eparation of  Airmsn, Chapter 5, Section H, paragraph 5.50.2.  If my recommendation is 

approved, then your service will bc characterized as Honorable or Under Honorable Conditions 
(General).  I am recommending that you receive an Under Honorable Conditions (General) 
discharge. 

2.  My reasons for this discharge action are as follows: 

a.  You did, at or near Osan Air Base, Republic of Korea, on or about 30 June 2004, without 

authority, fdl to go at the time prescribed to your appointed place of duty, to wit:  Mandatory 
Physical Training.  For this misconduct you received a Letter of Counseling dated 30 June 2004. 
(Atch la). 

b. You did, at oi near Osan Air Base, Republic of Korea, on or about 13, July 2004, without 
authority, fail to go at the time prescribed to your appointed place of duty, to wit:  Building 661. 

c.  You did, at or near Osan Air Base, Republic of Korea, on or about 13 July 2004, with 

intent to deceive, make to Technical Sergeant 7 an official statement, to wit:  you 

went to the dental office and they couldn't boo  you an appointment because they were fill arrd 
couldn't get you in until Aug, which statement was totally false and was known by you to be so 
false. 

d.  You, having knowledge of a lawful order issued by Technical ~ e r g e a n t r i  

to wit:  to 
email her and ~ S g t n o n c e  you report to duty, an order which it was your duty to obey, did, at 
or near Osan Air Base, Republic of Korea, on or about 13 July 2004, fail to obey the same by 
wrongfully failing to email ~ ~ g t n o r  
paragraphs (b),  (c)  and (d),  you received a Letter of Reprimand dated 14 July 2004.  (Atch 1 b). 

as directed.  For the misconduct in 

~ ~ g , t [ 7  

e.  You did, at or near Osan Air Base, Republic of Korea, on or about 1 December 2004, 

without authority, fail ta go at the time prescribed to your appointed place of duty, to wit: 
Mandatory Physical Training.  For this misconduct you received a Letter of Rqwhand dated 1 
December 2004. (Atch lc). 

f.  You did, at or near Osan Air Base, Republic of Korea, on or about 21 December 2004, 

without authority, fail to go at the time prescribed to your appointed place of duty, to wit: 
Building 66 1. 

g.  You did, at or near Osan Air Base, Republic of Korea, on or about 22 December 2004, 

without authority, fail to go at the time prescribed to your appointed place of duty, to wit: 
Building 661.  For the misconduct in paragraphs (f) and (g), you received an Article 15 dated 28 
January 2005.  (Atch Id). 

h.  You did, on or about 18 May 2005, without authority, absent yourself from yow unit, to 
wit:  5 1 st Logistics Readiness Squadron located at Osan Air Base, Republic of Korea, and did 
remain so absent until on or about 26 May 2005. 

i.  You,  having knowledge of a lawful order issued by Senior Master Sergeant I 

I 
to wit:  ''to report to the First Sergeant's office*', an order which it was your duty to obey, 
did, at or near Osan Air Base, Republic of Korea, on or about 17 May 2005, fail to obey the same 
by wrongfully failing to report to the First Sergeant's office. 

j.  You did, at or near Osan Air Base, Republic of Korea, between on or about 7 June 2005 
and on or about 14 June 2005, make and/or utter to Community Bank certain checks; signed by 
you, and drawn upon Armed Forces Bank, in words and figures as follows: 

Date 
7 June 2005 
8 June 2005 
14 June 2005 
11 June 2005 

Draft # 
55 1 
553 
542 
555 

Amount 
$500.00 
$500.00 
$500.00 
$500.00 

of a total value of $2000.00, for the purpose of obtaining lawful currency, and did thereafter 
dishonorably fail to maintain sufficient funds in said bank account for the payment of said 
checks in 1 1 1  upon their presentment for payment.  For the misconduct in paragraphs (h), (i) and 
(j), you received an Article 15 dated 15 August 2005.  (Atch le). 

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 orretained 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.  Any special pay, bonus, or education assistance 
fudds may be subject to recoupment, 

4.  You have the right to consult legal couasel.  Military legal counsel is available to assist you. 
You have been scheduled an appointment at the Office of the Area Defense Counsel at Bldg 745 
hours.  You may consult civilisln counsel at your own expense. 

On + at&-r 

5.  You have the right%  submit  statements in your own behalf. Any statements that you want 
the separation authority to consider must reach me by  1730  hours on  12 str 4f 
(three duty 

days) unless you request and receive an extension for good cause,  I will forward any such 
statements to tho separation authority. 

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

7.  You have been scheduled for a medical examination.  You must report to the hospital at 
A74 5 

)d S ~ P  @5 4 

hours on 

I

.

 

8.  The Privacy Act of 1974 covers any personal information you furnish in rebuttal.  A copy of 
AF136-3208 is available at the Orderly Room. 

9. Execute the aftached acknowledgment and return it to me immtdiatcly. 

Commander 

Attachments: 
1.  Suppoxting documents 

a.  LOC dated 30 Jun 04 (2 pgs) 
b.  LOR dated 14 Jul04 (3 pgs) 
c.  LOR dated 1 Doc 04 (2 pgs) 
d.  Article 15 wlatchs, dated 28 Jan 05 (5 pgs) 
e.  k i c l e  15 wlatchs, dated 15 Aug 05 (6 pgs) 

2.  Acknowledgment of Receipt of Notification Memorandum 
3.  Discharge -mder AFI 36-3208 Memorandum 
4.  Personnel Information