NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AFSNRSAN 

AIR FORCE DISCHARGE REVIEW  BOARD HEARING  RECORD 

TYPE  GEN 

X 

PERSONAL APPEARANCE 

RECORD REVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

AB 

YES 

No 

X 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

GEN 

UOTHC 

OTHER 

X+ 

X+ 

X+ 

X+ 

X+ 

DENY 
* 

* 

* 

* 
* 

ISSUES 

A93.02 

INDEX NUMBER 

A67.10 

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 

HEARING  DATE 

CASE NUMBER 

Case heard in Washington, D.C. 

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. 

+ CHANGE REASON AND AUTHORITY T O  SECRETARIAL AUTHORITY 
* DENY RE CODE 

SIGNATURE OF RECORDER 

/ / 7  

I S I G ~ A T U R E  9~ BOARD P ~ I D E N T  A 

TO 

SAFlMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

FROM 

SECRETARY OFTHE AIR  FORCE PERSOVNEL COllNClL 
AIR  fiORCE DISCHARGEREVIEW  BOARD 
1535 COMMAND DR. EE WING.3RD FLOOR 
ANDREWS AFB. MD  20762 7W2 

AFHQ FORM 0-2077, JAN 00 

P r e v i o u s  e d i t i o n  w i l l  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m)-2006-00076 

GENERAL:  The applicant appeals for upgrade of  discharge to  honorable general, 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),  without  counsel,  at 
Andrews AFB on 31 Oct 2006. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The Board  finds that the  evidence of  record  and  that provided  by  applicant substantiates an 
inequity that would justify  a change of discharge.  Upgrade of  discharge to honorable and change of reason 
and authority for discharge to Secretarial Authority is granted.  Change of reenlistment code is denied. 

ISSUE:  The applicant contends his discharge was inequitable because  he was immature at the time of  his 
misconduct and contends he has matured since separation.  The applicant cited his desire to reenter military 
service and receive G.I. Bill benefits. 

The records show the applicant received two Records of Individual Counseling, one Letter of 
Admonishment, two Letters of Reprimand, an Article 15, and a Vacation Action for minor disciplinary 
infractions.  Except for two instances of poor financial judgment that were not willful misconduct (i.e. 
paying more than market value for an automobile), the applicant's misconduct was entirely due to reporting 
late for duty on a recurring basis over a period of four months in the setting of marital discord.  The applicant 
was evaluated in the Mental Health Clinic following the period of tardiness for which he was disciplined 
leading to diagnosis of Adjustment Disorder.  Although the psychologist did not indicate the severity of the 
Adjustment Disorder rose to a level warranting a recommendation for discharge under provisions for 
unsuitability, the Board noted that the misconduct, reporting late for duty, was due to marked sleep 
disturbance associated with the Adjustment Disorder and not due to willful misconduct, poor attitude or lack 
of effort. The Board also noted the mental health evaluation was not a commander directed evaluation and 
therefore the commander would not ordinarily be aware of the diagnosis unless the member informed him; 
however, the Board also opined that there was enough evidence present in the record that should have 
prompted the commander to further investigate this possibility.  The Board concluded based on the 
preponderance of the evidence of the record and from testimony, that the applicant was unsuited for military 
service due to Adjustment Disorder and that the nature of misconduct was such that discharge under 
provisions for unsuitability would have been more equitable than under provisions for misconduct. 

The DRB was pleased to see that the applicant was doing well following separation living at home and 
working in a stable job.  However, the Board concluded that the evidence of the record and of testimony 
clearly indicates the applicant remains unsuited for military service. 

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade; however, the DRB 
noted that the applicant did not complete the 36-month period of service required for these benefits that is 
listed on the DD Form 2366 signed by the applicant.  He should contact the Department of Veterans Affairs 
regarding questions of eligibility. 

CONCLUSIONS:  Although the Discharge Review Board concluded that the discharge was consistent with 
the  procedural  and  substantive  requirements of  the  discharge regulation, was within  the  discretion of  the 
discharge authority, and that the applicant was provided full administrative due process, the Board concluded 
that  the diagnosis of  Adjustment Disorder and the nature of the misconduct more equitably formed a basis 

for  discharge under  provisions for unsuitability.  The  applicant's characterization for  discharge  should be 
changed to  honorable  and  the  reason  for  discharge should be  changed  to  Secretarial Authority  under  the 
provisions of Title 10, USC 1553.  No change in the reenlistment code is recommended. 

Attachment: 
Examiner's Brief 

- 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Langley AFB, VA on 28 
May 04 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for an Honorable Discharge, and to Change the RE Code, Reason and 
Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Aug 82. Enlmt Age: 19 10/12.  Disch Age: 21 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-36,  G-33,  M-33. PAFSC: 25031 -  Supply Management 
Apprentice. DAS: 28 Jul 02. 

b.  Prior Sv:  (1) AFRes 24 Jun 02 -  11 Nov 02 (4 months 18 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Nov 02 for 4 yrs. Svd: 01 Yrs 06 Mo 17 Das, all AMS. 

b.  Grade Status:  AB  -  15 Mar 04 (Vacation of Article 15, 6 May 04) 

Amn -  12 May 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 6 May 04, Vacation, Langley AFB, VA -  Article 86.  You, 

did, on or about 29 Mar 04, without authority, fail to 
go at the time prescribed to your appointed place of 
duty, to wit: 23 Sweeney Boulevard, Langley AFB, VA. 
You did, on or about 30 Mar 04, without authority, fail 
to go at the time prescribed to your appointed place of 
duty, to wit: 23 Sweeney Boulevard, Langley AFB, VA. 
Reduction to AB.  (No appeal)  (No mitigation) 

(2) 15 Mar 04, Langley AFB, VA -  Article 86.  You, did, on 

or about 20 Feb 04, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
23 Sweeney Boulevard, Langley AFB, VA.  You did, on or 
about 27 Feb 04, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
23 Sweeney Boulevard, Langley AFB, VA.  You, did, on or 
about 4 Mar 04, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
23 Sweeney Boulevard, Langley AFB, VA.  Suspended 
reduction to AB.  Thirty days extra duty.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 30 JAN 04 -  Late for work. 

LOR, 15 JAN 04 -  Late for work. 
RIC, 16 DEC 03 -  Late for work. 
LOA, 06 NOV 03 -  Financial irresponsibility. 
RIC, 02 SEP 03 -  Financial irresponsibility. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (11) Mos  (05) Das 
TAMS:  (01) Yrs  (06) Mos  (17) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Feb 06. 

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

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

I would like to get my discharge upgraded fiom general to honorable for the following 

reasons.  With an honorable discharge I can pursue to re-enter the Air Force or another branch of 

the Armed Forces and I could also pursue my college education with the money that I have from 

the G.I. Bill.  An honorable discharge would also make it easier to obtain gainful employment.  I 

admit I have made mistakes while I was in the United States Air Force.  I was young and foolish 

and lonely.  Because of this I d e d  a woman I was not really in love with which led to some 

minor domestic disputes resulting in me reporting late to my duty as Air Force Airman.  I 

understand this is no excuse for the reason in which my discharged was based on,  I do regret that 

poor decision I made in my short term of service in the Air Force and wished it never happened. 

request for an upgrade of my discharge would take these reasons into consideration. 

I also take full responsibility for my improper actions while I was in the Air Force.  However I 

have changed a considerable amount since my discharge and wish the officers reviewing this 

Thank you in advance for  our consideration of this matter. * 

DEPARTMENT OF THE AIR FORCE 

MEMORANDUM FOR AlRMAN BASIC - 

HEADQUARTERS AIR COMBAT COMMAND 

LANGLEY AIR FORCE BASE VA 

FROM:  ACC RSSICC 

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, Military Retirements and Separations, 
and AFI 36-3208, Administrative Separation of  Ainnen, Chapter 5, Section H, paragraph 5.49. 
If  my recommendation is approved, your discharge will be characterized as under honorable 
conditions (General) and you will be ineligible for reenlistment in the Air Force. 

2.  My reason for this action is:  On or about 30 Mar 04, you failed to go to your appointed 
place of duty at the appropriate time.  For this incident, you received a Vacation Action with a 
punishment of reduction to the grade of Airman Basic, dated 6 May 04. 

3.  While not a basis for discharge the following derogatory data may be used in characterizing 
your service.  On or about 22 Aug 03 through on or about 28 Aug 03, you were financially 
irresponsible by purchasing a car at a price that exceeded its believed fair market value.  For this 
you received a Record of Individual Counseling (RIC), dated 2 Sep 03.  On or about 3 Nov 03, 
you sent an email to a co-worker requesting to borrow money to put gas in your car.  For this 
incident you received a Letter of Admonishment (LOA), dated 6 Nov 03.  On or about 10 Dec 03 
through on or about 16 Dec 03, you reported late for duty on two different days.  For this 
incident, you received a RIC, dated 16 Dec 03.  On or about 15 Jan 04, you reported for duty 1 
hour and 5 minutes late.  For this incident, you received a Letter of Reprimand (LOR), dated 15 
Jan 04.  On or about 30 Jan 04, you reported for duty 45 minutes late.  For this incident, you 
received a LOR, dated 30 Jan 04.  On or about 20 Feb 04, you failed to go to your appointed 
place of duty.  On or about 27 Feb 04, you failed to go to your appointed place of duty.  On or 
about 4 Mar 04, you failed to go to your appointed place of duty.  For these incidents, you 
received an Article 15 with a punishment of reduction to Airman Basic (suspended), 30 days 
extra duty, dated 15 Mar 04. 

4.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the Air Force. 

5.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult  AD(! 
/ I  MAY  04  ,at 

hours.  You may consult civilian counsel at your own expense. 

at  4 . 3  6 0 7  

\ 130 

, on 

6.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  H  F\AY  04 
unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

7.  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. 

8.  You have been scheduled for a medical examination.  You must report to  GOLD &LILA  IC  at 

1\15 

hours on  13  MAY  04-  for the examination. 

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 Orderly Room. 

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

Commander, ACC RSS 

I 

Attachments: 
1. Supporting Documents 

1 a.  RIC, 2 Sep 03 
1 b.  LOA, 6 Nov 03 
lc.  RIC, 16 Dec 03 
Id.  LOR,  15 Jan04 
le.  LOR, 30 Jan 04 
If.  Article 15, 15 Mar 04 
lg. Vacation Action, 6 May 04 

2. .Receipt of Notification Memorandum