NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE  GEN 

X 

PERSONAL APPEARANCE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

1  AMN 

RECORD REVIEW 

NAME  OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

MEMBER SITTING 

HON 

GEN 

VOTE OF THE BOARD 

I  UOTHC 

I  OTHER 

'OUNSEL 

YES 

No 
X 

3 

3 

4 

7 

I  DENY 
X*+ 

X*+ 

X*+ 

X*+ 

X*+ 

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

ISSUES 

A67.90 

INDEX NUMBER 

A92.21 
A93.01 

HEARING  DATE 

1  CASENUMBER 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

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 RECORDING OF PERSONAL APPEARANCE HE 

14 NOV 2006 
APPLICANT'S  ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE AlTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00068 

Case heard in Washington, D.C. via video teleconference from Travis AFB, California. 

Advise applicant of the decision of the Board 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. 

* Reason and Authority 
+ Reenlistment Code 

L - - - - - - - - - - - - - - - - - - - - - - r - - - - - r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

INDORSEMENT 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

- 

I  FROM: 

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

DATE:  11/15/2006 

SE('RE1ARY  O I  1 I I E  AIR  IOU( E YERSOririEI.  ( 0 1  ri(  11. 
AIR  IOR('t  DIS('HAR(;E  REVIEW BOAK1) 
1535 COMMAND DR, EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00068 

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

The applicant appeared and testified before the Discharge Review Board (DRB) at Andrews AFB, Maryland, 
without  counsel,  via  video  teleconference  from  Travis  AFB,  California,  on  14  November  2006.  The 
following  witness  also  testified  on  the  applicant's  behalf:  Chief  Warrant  Officer-3  (CW3)  Autery,  U.S. 
Coast Guard; the applicant's father. 

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 Board finds the applicant submitted no issues contesting the equity or propriety of the discharge.  After 
hearing testimony and following a thorough review of the record, the Board was unable to identify any that 
would justify a change of discharge. 

ISSUE: 

Issue 1.  The applicant submitted no issues of impropriety, but contends that his discharge was inequitable 
because he was young and immature during his short time in the Air Force.  The applicant states that he has 
matured during the four years since his discharge and requests an upgrade so that he can re-enlist in the Air 
Force.  He states he has a strong desire to serve his country and is now mature enough to be a good Airman. 
The applicant's  misconduct includes failure to pay DVD late fees, underage drinking, failure to obey an 
order to sign out through the Charge of Quarters desk, failure to stay awake during duty hours, a six-day 
absence without leave, and lying to a noncommissioned officer by stating that he was not talking while 
waiting for the chaplain when he was talking (during Correctional Custody).  The records indicate the 
applicant received two Article  15s, one Letter of Reprimand, and two Letters of Counseling.  The DRB 
opined that through these administrative actions, the applicant had ample opportunities to change his 
negative behavior.  The Board concluded that, though the applicant's  service was honest and faithful, the 
negative aspects of his conduct outweighed the positive aspects of his military record, especially since he 
only served for just  over one year.  The characterization of the discharge received by the applicant was found 
to be appropriate. 

Issue 2.  The DRB was pleased to see that the applicant takes personal responsibility for his actions while in 
the Air Force, rather than seeking to put the blame elsewhere.  The DRB also noted that the applicant has 
received strong guidance from his father since his discharge and will hopefully learn from his father's  good 
example.  The applicant discussed many positive endeavors he has undertaken since his discharge, such as 
mowing the lawns of families of deployed military members, being a good role model for children, and 
attempting to start his own business.  However, no inequity or impropriety in his discharge was found in the 
course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his 
term of service. 

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 A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Fairchild AFB, WA on 17 
Sep 02 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge, and to Change 
the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 11 Aug 83.  Enlmt Age: 17 7/12.  Disch Age: 19 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-59,  E-63,  G-64,  M-60. PAFSC: 2A531G - Aerospace Maintenance 
Apprentice. DAS: 25 Mar 02. 

b.  Prior Sv: (1) AFRes 30 Mar 01 -  3 Sep 01  (5 months 4 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 4 Sep 01 for 4 yrs. Svd: 01 Yrs 00 Mo 14 Das, of which 

AMS is 1 Yrs 00 Mo 08 Das  (excludes 6 days lost time). 

b.  Grade Status:  Amn -  22 Jul 02  (~rticle 15, 22 Jul 02) 

A1C -  19 Oct 01 

c.  Time Lost:  25 Jun 02 thru 30 Jun 02  (6 days). 

d.  Art 15's:  (1) 23 Aug 02, Fairchild AFB, WA -  Article 107.  You, did, 
on or about 15 Aus 02, with intent to deceive, make to 
TSgt .-..-..-..-..-..-..-------:I 
that you were not talkinq while waiting for the 
chaplain, which statement was false in- that you were 

'  an official statement, to wit: 

d 

'  talking, and was then known by you to be so false. 

Restriction to the limits of Fairchild AFB, WA for 14 
days, and 14 days extra duty. (No appeal)  (No 
mitigation) 

(2) 22 Jul 02, Fairchild AFB, WA -  Article 86.  You, did, 

on or about 25 Jun 02, without authority, absent 
yourself from your place of duty, and did remain so 
absent until on or about 1 Jul 02.  Reduction to Airman, 
and 30 days correctional. custody.  (No appeal) (No 
mitigation) 

e.  Additional: LOCI 03 MAY 02 -  Failure to stay awake during duty hours. 

LOC, 01 MAY 02 -  Financial irresponsibility. 
LOR, 27 MAR 02 -  Dereliction of duty and disobeying a 

direct order. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (05) Mos  (12) Das 
TAMS:  (01) Yrs  (00) Mos  (08) Das 

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

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

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applican't Issues. 
2. DD Form 214. 

To whom this may concern: 

My name is: 

....................... 
.~......~......---------------. 

i,  I am a prior-sentice individual b r n  the United 

-- ----- -- 

In September of 2002, I was relieved 
States Air Force; service 
h m  my duties due to misconduct which proved to be unbecoming of an airman in the 
Air Force. Since my General Discharge I have taken time to re-evaluate myself, both in 
personal maturity and discipline. I also have realized the emr of my ways, mainly in the 
gtoup I chose to socialize with. Though out these years I have labeled my "reflection 
period",  I can now say, I honestly know fiom experience the true meaning of the Air 
Force Core Values: Integrity First, Senice Before Self and Excellence In All You Do 

Integrity First: To me this core value is very important, especially now, integrity loosely 
translated in my mind means being true to yourself and others around you. Even if you 
iness up, the only way to fix something wrong is to first admit that you have messed up, 
then if needed go seek the proper aid to remedy the situation. 

Service Before Self: I believe that this core value is best explained in example. Put your 
duties/service to the country before your personal duties. Basically, it is saying there is no 
personal duty greater than the duties you have been selected to do for your country. Say 
you have set up a day for you and your fiends to go fishing, coincidentally you are called 
back to base for an emergency deployment. It may even be your day off, but you were 
called in. Due to this core value you are obligated to go back to you. base and attend to 
the matter there. For all you h o w  that same issue could be one of the deciding factors in 
the hture of your country's freedom which so many service-men before you fought so 
hard to keep in tack 

Excellence In AU You Do: I believe this core value is more or less saying the military is 
a welldiled machine, and like other machines it takes the effort of every little piece to be 
successful in it's goal. No matter what your job may be ffom £iy-cook to Chief Master 
Sergeant of the Air Force, everyone is a vital part in the survival of all. So with that in 
mind you should do the best at your job that you possibly can, be excellent in it. See your 
jab as if it meant tbat if you were to slack on your duties tbat could mean the death of 
another if not many other servicemen. 

tmayt@itT openly admit to the fadf that I was both mentally 

h conclusion, I would 
not mature enough for the tasks at hand; nor did I take my position as seriously as I 
should have. Being h m  a military family I have also taken time to realize that I had 
indignantly abandoned my country at a time when it was in need of the services I had 
sworn an oath to, o d y  just over a year ago. 

I humbly ask the members of the board to consider me for reenlistment in to the United 
States Air Force. I ask to be dowed the opportunity fidflll prior contract of enlistment, 
thus showing both myself and my country that I have what it takes to be an American 
Citizen. 

HEADQUARTERS 92D AIR REFUELING WING (AMC) 

FAIRCHILD AIR FORCE BASE WASHINGTON 

FROM: 92 AGSJCC 

SUBJECT:  Notification Memorandum 

1.  I  am  recommending  your  discharge  from  the  United  States  Air  Force  for  a  pattern  of 
misconduct  in  accordance  with  AFPD  36-32  and  AFI  36-3208,  paragraph  5.50.2. 
If  my 
recommendation is approved, your service can be characterized as honorable, general, or under 
other than honorable conditions.  I recommend your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 22 Mar 02 you were derelict in the performance of your duties, in  that you 
willfully failed to refrain  from consuming alcoholic beverages while under the age  of 21,  as it 
was your  duty to  do.  You also disobeyed a  direct order by not  signing out  of the  dormitory 
Charge of Quarters office.  For this action, you received a letter of reprimand dated 27 Mar 02. 

b.  On or about 26 Apr 02 you  dishonorably failed to pay your debts, which  were then due 
and payable to the base Shoppette for the amount of $22.50 for video rental late fees and  $15.89 
for a damaged DVD.  For this action, you received a letter of counseling dated 1 May 02. 

c.  On or about 3  May 02 you were derelict in the performance of your duties, in that you 
negligently failed to  stay awake and show learning initiative during your duty hours.  For this 
action, you received a letter of counseling dated 3 May 02. 

d.  You did, on or about 25 Jun 02, without authority, absent yourself from your place of duty 
at which you were required to be, to wit: 92d Aircraft Generation Squadron located  at building 
2097,  and  did remain  so absent until  on or  about  1  Jul  02.  For  this  action, you  received  an 
Article 15 dated 22 Jul 02.  The punishment included 30 days correctional custody and reduction 
to the grade of Amn. 

e. ------.-------------- 

You did, at Fairchild AFB WA, on or about 15 Aug 02, with the intent to deceive, make to 
TS@ : - - - - - - - - - - - - - - - - - - --:¶ 
I  an official statement, to wit: that you were not talking while waiting for 
the chaplain, which statement was false in that you were talking, and was then known by you to 
be  so  false.  For  this  action, you  received  an  Article  15 dated  23  Aug  02.  The punishment 
included restriction to the limits of Fairchild AFB for 14 days and 14 days extra duty. 

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 

AMC-Globnl  Reach for America 

you are discharged, how your service will be characterized.  If  you  are discharged, you will be 
ineligible for reenlistment in the Air Force. 

4.  You have the right to consult counsel.  Military legal 
I have made an appointment for you to consult Capti -..-..-.a 
for an appointment on  24 Pa< 6 2  at  1060 
your own expense. 

3 

-  ------ counsel has been obtained to assist you. 
i Area Defense Counsel, at 247-2918 
.  You may consult civilian counsel at 

5.  You have the right to submit statements in your own behalf. 
separation authority to consider must reach me by  LJ . 
an extension for good cause shown, I will send them t 

,/%I 

statements you want the 
ess you request and receive 

s d a t i o n  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 are scheduled for a medical examination with Family Practice on  -3 s,@J 
at OTTO  . 
Report 30 minutes prior to your appointment to Physical Exams to complete a DD  form 2697. 
Ensure  that  you  complete  this  form  prior  to  your  appointment.  Complete  all  follow  up 
appointments. 

8.  Any personal information you W i s h  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. 

9.  Execute the attached acknowledgment and return it to me immediately. 

5 Attachments: 
1. LOR dated 27 Mar 02 (2 pages) 
2.  LOC dated 1 May 02 (2 pages) 
3.  LOC dated.3 May 02 (2 pages) 
4.  Article 15 dated 22 Jul02 (3 pages) 
5.  Article 15 dated 23 Aug 02 (3 pages)