AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

1  AMN 

AFSNISSAN 

TYPE  GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZAIION 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 

X 

MEMBER SITTING 

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ISSUES 

A92.21 

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INDEX NUMBER 

A67.90 

HEARING DATE 

CASE NUMBER 

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EXHIBfTS t3UB-D 

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TQ W E  B@ARob 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPI.ICATION  FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICA1.ION 
1  BRIEF OF PERSONNEL  FILE 
4 
COIJNSEI.'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAI, APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE HE 

17 Oct 2006 
APPI.ICANT'S  ISSL'E  AND THEEIOARD'S  DECISIONAI. RATIONAL AR6 DISCUSSED ON THE AllACHED AIRFORCE DISCHARGE REVIEW BOARD D@ClSlONAL RATIONALE 

FD-2006-00081 

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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. 

*Reason and Authority 
+Reenlistment Code 

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SlFlMRBR 
550 C STREET WEST. SUITE 40 
RANDOI.PII  AFH. I X 78150-4742 

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I N ~ E N T  

FROM: 

DATE:  lUL23RUU6 

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
IS35 COMMAND DR. EE WING, 3RD FI.OOR 
ANDRE\VS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMHER 

FD-2006-00081 

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

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, change of reason and authority for discharge, and change of 
reenlistment code are 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, the applicant contends that he should not be penalized indefinitely 
for mistakes he made when he was young.  The applicant also cited his desire to serve once again in the 
armed forces.  The records indicated the applicant received an Article 15, a Vacation, two Letters of 
Reprimand, a Letter of Counseling, and a Letter of Admonishment for misconduct.  He received an Article 
15 for underage drinking and failing to refrain from using alcohol while on a six-ring alert.  He was punished 
with a suspended reduction in grade to airman, forfeiture of pay, and 15 days of extra duty.  The Vacation 
action on his reduction to airman was for failure to go.  Prior to applicant's Article 15, he was 
administratively disciplined for leaving assigned duties without authority, financial irresponsibility, and a 
civilian arrest for failing to pay traffic tickets.  The DRB recognized the applicant was 19 years of age when 
the discharge took place.  However, there is no evidence he was immature or did not know right from wrong. 
The Board opined the applicant was older than the vast majority of first-term members who propcrly adhere 
to the Air Force's  standards of conduct.  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.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no 
inequity or impropriety in his discharge was suggested or 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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF F.E. Warren AFB, WY on 
13 Apr 04 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: 5 Jul 84.  Enlmt Age: 17 7/12.  Disch Age: 19 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-53,  G-50,  M-36. PAFSC: 3P031 -  Security Forces Apprentice, 
DAS: 3 Feb 03. 

b.  Prior Sv:  (1) AFRes 9 Feb 02 -  15 Jul 02 (5 months 7 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 16 Jul 02 for 6 yrs. Svd: 01 Yrs 08 Mo 29 Das, all AMS. 

b.  Grade Status:  Amn  -  13 Feb 04  (Vacation of Article 15, 10 Mar 04) 

A1C -  30 A u ~  02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 10 Mar 04, Vacation, F.E. Warren AFB, WY -  Article 86. 

You, did, on divers occasions between on or about 20 Feb 
04 and on or about 22 Feb 04, without authority, fail to 
go at the time prescribed to your appointed place of 
duty, to wit: Building 244, dorm managers office. 
Reduction to Airman.  (No appeal)  (No mitigation) 

(2) 13 Feb 04, F.E. Warren AFB, WY -  Article 92.  You, who 

knew of your dutes at or near Cheyenne, Wyoming, between 
on or about 10 Jan 04 and on or about 11 Jan 04, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcoholic 
beverages while under the legal drinking age of twenty- 
one years, as it was your duty to do.  You, who knew of 
your duties at or near Cheyenne, Wyoming, between on or 
about 10 Jan 04 and on or about 11 Jan 04, were derelict 
in the performance of those duties in that you willfully 
failed to refrain from consuming alcoholic beverages 
while on six-ring alert, as it was your duty to do. 
Suspended reduction to Airman,  Forfeiture of $150,00 
pay per month for 2 months.  Fifteen days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOCI 11 DEC 03 -  Leaving assigned duties without authority. 

LOR/UIF/CR, 24 SEP 03 -  Financial irresponsibility. 
LOA, 18 AUG 03 -  Financial irresponsibility. 
LOR, 28 JUL 03 -  Civil arrest for not paying traffic ticket 

fines . 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (02) Mos  (05) Das 
TAMS:  (01) Yrs  (08) Mos  ( 2 9 )  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) 

I S S U E S   ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues. 

Dear Air Forcc Review Boards Agency, 

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7

 Life Story".  In consideration of the person reviewing my 

I am not sure where 1 would like to start with this letter, let alone finish.  My 
explanation on why T should be granted an upgrade on my discharge could be translated 
into a book called, "
request, I will try to summarize to the best of  my ability. 
I've  made some mistakes in my adult beginning.  With great appreciation, I can say that 
thc Air Force was not one of  them.  Unfortunately, these poor misfortunes ruined 
something I was extremely proud to be apart of.  There is not a day that goes by  where I 
am not reminded of  my downfall in the Unitcd States Air Force.  For quite some time 
after my discharge I was in a slum of  depression.  Thanks to my strong personality, I was 
able to overcome it and move on.  Of course I sti I I   look back and ponder the good times 
and of  course the bad, but it does not get me down  anymore.  If I could do it all over 
again, I would have made my decisions with a little more maturity.  The reason why I am 
applying for this upgrade is for career purposes.  My current discharge is not holding mc 
back from regular average Joe jobs.  I actually was instructed to do this from a Staff 
Sergeant recruiter for the Unitcd States Marine Corp.  As much as I'd  like to rejoin the 
Air Force and show that I truly did love my job and cared about it, I don't  think that is 
possible,  At least that is what I was told when  I was getting out,  I am able to rejoin other 
services though and I think marines would be the best choice,  Considering I joined the 
Air Force to fight for my country, I don't think sitting in Cheyenne Wyoming fulfilled 
that goal.  I  have no regrets as to where I was stationed, but I would have preferred the 
front lines of our war. 
Now that I've explained why I request my discharge.  I'd  like to explain what I've been 
doing with  myself after the Air Force.  Basically I've  been  working hard to patch up my 
old mistakes and have been doing a great job at that.  I am currently worhng two full 
time jobs to assist in those obligations that need fixing.  My primary job is a place called 
Mountain Regional Services Inc (MRSI),  Pretty much I supervise and care for mentally 
challenged and people with psychotic disorders.  It is an easy job,  but can  be  stressful at 
times due to the client's  lack of  sanity.  But I care about them anyway.  My second job is 
a waiter at Applebee's Neighborhood Bar and Grill.  The job can be frustrating and 
stressful at times, but it brings in pretty decent tips that I can take home daily.  I am 
working hard and attempting to make my mother and myself proud.  Never did I ever 
imagine lhat I would be worhng two full time jobs.  I guess that's  a sacrifice you make if 
you want to be successful in life. 
In conclusion of this request, I hope that my request for discharge upgrade is in correct 
format and I hope that I am greatly considered for this upgrade.  Thank you for your time 
and hope to hear from you soon. 

DEPARTMENT OF THE AIR FORCE 

90TH SPACE WING (AFSPC) 

FROM:  790 MSFSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 
5.50.2.  If my recommendation is approved, 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.  You did, at or near Cheyenne, Wyoming, on or about 19 Jun 03, fail to pay a 

traffic ticket and were taken into custody by the Laramie County Sheriff's  department. 
For this misconduct you received a Letter of Reprimand (LOR), dated 28 Jul 03. 

b.  You did, at or near Cheyenne, Wyoming, on or about 15 Aug 03, fail to pay your 
just debt, Qwick Check, for which you assured your commander you had taken care of. 
For this misconduct you received a Letter of Admonishment (LOA), dated 18 Aug 03. 

c.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 

1 Dec 03, leave your assigned work area without perrrrission.  For this misconduct you 
received a Letter of Counseling (LOC), dated 11 Dec 03, and 

d.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 

10 Dec 03, fail to complete your assigned duties and left your work area without 
permission.  For this misconduct you received a LOC, dated 11 Dec 03. 

e.  An investigation disclosed that you failed to pay you just debts to various 

creditors, to include Rocky Mountain Financial and the Air Force Federal Credit Union. 
For this misconduct you received an LOR, dated 24 Sep 03. An Unfavorable 
Informatior1 File (UIF) was created and this information was placed in it. 

GUARDIANS OF THE HIGH FRONTIER 

f.  You, who knew of your duties at or near Cheyenne, Wyoming, between on or 

about 10 Jan 04 and on or about 11 Jan 04, were derelict in the performance of those 
duties in that you willfully failed to refrain from consuming alcoholic beverages while 
under the legal drinking age of twenty-one years, as it was your duty to do.  For 
violation on Article 92 of the UCMJ, you received an Article 15, dated 13 Feb 04. 
This information was placed in your UIF. 

g.  You, who knew of your duties at or near Cheyenne, Wyoming. between on or 

about 10 Jan 04 and on or about I 1  Jan 04, were derelict in the performance of those 
duties in that you willfully failed to refrain from consuming alcoholic beverages while on 
six-ring alert, as it was your duty to do.  For violation of Article 92 of the UCMJ. you 
received an Article 15, dated 13 Feb 04.  This information was placed in your UIF. 

h,  You did, at or near Francis E. Warren Air Force Base, Wyoming, on divers 

occasions between on or about 20 Feb 04 and on or about 22 Feb 04, without authority, 
fail to go at the time prescribed to your appointed place of duty, to wit:  Bldg 244, dorm 
managers office.  For violation of Article 86 of the UCMJ, you received a Vacation 
Action, dated 10 Mar 04. 

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 
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 has been obtained to 
assist you.  I have made an appointment for you to consult with an attorney at the Area 
Defense Counsel's Office at Building 292, extension 3248, on  3 & $4 
at 
. You may consult civilian counsel at your own expense.  ' 

(4 30 

5.  You have the right to submit statements on your own behalf.  Any statements you 
want the separation authority to consider must reach me within three wor  days after 
receipt of the notification memorandum, that date being 
unless you request and receive an extension for good cause shown.  I will send any 
statements you submit to the separation authority for his consideration. 

 & QJ 

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

7.  You have been scheduled for a medical examinatian.  You must report to Family 
Practice at 

for the examination. 

511  f l ~ '  

hours, on 

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8.  Any personal information you fi~rnish in rebuttal is covered by the Privacy Act of 
1974.  A copy of AFI 36-3208 is available for your use in your Co~nmand Support Staff 
office. 

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

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Commander, 790th Missile Security 
Forces Squadron 

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Attachments: 
1.  LOR, dated 28 Jul03 
2.  LOA, dated 18 Aug 03 
3.  LOC, dated 11 Dec 03 
4.  LOR, dated 24 Sep 03 
5. Article 15, dated 13 Feb 04 
6.  Vacation Action, dated 10 Mar 04 
7.  Other derogatory data not listed in the Notification Memorandum:  Armed Forces 
Traffic Ticket (fail to stop @ red light), dated 9 May 03 and UIF Summary