I 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DlSCHARGE REVIEW BOARD HEARING RECORD 

1 

1 

PERSONAL APPEARANCE 

AMN 

I x 

( 

RECORDREVIEW 

I 

P I 

1  TYPE  GEN 
, , ERmaak  ,,' 
No 
YES 

I 

I 

I 

I 

EXHIBITS SUBMITTED TO THE B0.4RD 

I  1  I  ORDER APPOINTING THE BOARD 
2 
3 
4 

APPLICATION FOR  REVIEW OF DISCHARGE 
LETTER OF NOTIFICA'TION 
BRIEF OF PERSONNEL FIIX 
COUNSEL'S RE1,EASE 1'0 THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEAMNCE 

I 

I 

1 

I HEARING DATE 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout  counsel, and the right to subinit an 
application to the AFBCMR 

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

A 

SICYAWRE OF RECORPER  A, 

I )  

n 

/ I  

. 

1 

I 

I"' 

SAFIMRBR 
5513 C STREET WEST. SUITE 40 

SECRETARY OFTHE AIR  [ONCE  PERSOhYEL COL hCIL 
A I R  bORCE DISCHARGE REVIEW  BOARD 
1535 COIlIL4YD  DR. EE WIYti.3RD  FLOOR 
ANDREWS AFB. MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

Previous edition will be used 

.J 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00108 

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

ISSUE: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  The records indicated the applicant received an Article 15, a 
Vacation, six Letters of Reprimand, and one Record of Individual Counseling for misconduct.  The applicant 
was administratively disciplined with Letters of Reprimand and Counseling for failure to obey orders, 
reckless driving and driving on a suspended license, failure to go, a civil arrest for "Solicitation of 
Prostitution", minor in possession of alcohol, and being late for duty.  He received an Article  15 for failure to 
go to a mandatory meeting with the First Sergeant.  He received a suspended reduction in grade lo Airman, 
restriction to Pope AFB for seven days and fourteen days of extra duty.  The applicant had further 
misconduct with a Vacation action for failure to go to appointed place of duty.  He was reduced in grade to 
Airman.  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 DXSCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch f r  USAF Pope AFB, NC on 15 May 
00 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Jan 80.  Enlmt Age: 18 4/12.  Disch Age: 20 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-56,  E-60,  G-62,  M-42. PAFSC: 1A231 -  Aircraft Loadmaster 
Apprentice. DAS: 24 Jul 99. 

b.  Prior Sv: (1) AFRes 23 Jun 98 -  11 Nov 98 (4 months 19 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Nov 98 for 4 yrs. Svd: 01 Yrs 06 Mo 04 Das, all AMS. 

b.  Grade Status:  Amn -  27 Mar 00  (Vacation of Article 15, 3 May 00) 

A1C -  Unknown 
A m  -  12 May 99 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 3 May 00, Vacation, Pope AFB, NC -  Article 86.  You 

did, on or about 17 Apr 00, and on or about 18 Apr 00, 
without authority, fail to go at the time prescribed to 
your appointed place of duty, to wit: Building 738, 
Surveyor Street, Pope AFB, NC.  Reduction to Airman. 
(No appeal) (No mitigation) 

(2) 27 Mar 00, Pope AFB, NC -  Article 86.  You did, on or 
about 8 Mar 00, without authority, failed to go at the 
time prescribed to your appointed place of duty, to wit: 
a mandatory meeting with First Sergeant, MSgt n 
I, 2d Airlift Squadron.  Suspended reduction to 
Alrrnan.  Restriction to Pope AFB, NC for 7 days, and 14 
days of extra duty. (No appeal) (No mitigation) 

e.  Additional: LOR,  07 MAR 00 -  Failure to go. 

LOR, 20 JAN 00 -  Failure to call in. 
LOR, 1 3   JAN 00 -  Civil arrest for "Solicitation of 

Prostitution", "Minor in the Possession of 
Alcohol", and "Illegal Possession of a 
Legal Liquor." 
LOR, 12 JAN 00 -  Failure to go. 
RIC, 24 SEP 99 -  Failure to obey orders. 

LOR,  2 1   SEP  9 9   -  Cited for reckless driving, and driving 

LOR,  10 SEP 9 9   -  Failure t o  go. 

with a suspended license. 

f .  CM:  N o n e .  

g .   Record  of  SV:  N o n e .  

h.  Awards &  Decs:  A F T R .  

i.  S t m t   of  Sv:  TMS:  (01) Yrs  (10) Mos  (13) Das 
TAMS: (01) Y r s   (06) Mos  (04) Das 

4.  BASIS ADVANCED FOR REVIEW:  A p p l n   (DD Fm  2 9 3 )   dtd 1 7  Mar 06. 

(Change Discharge to Honorable) 

NO  ISSUES SUBMITTED; 

ATCH 
None, 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 43D ALRLXPT WING (AMC) 
POPE AIR FORCE BASE NORTH CAROLINA 

MEMORANDUM FOR A m  E

l

,

2 AS 

 

FROM:  2 ASICC 

3561 Surveyor Street 
Pope AFB NC 28308 

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 MPD 36-32 and AFI 36-3208, paragraph 5.49. The 
most severe type of discharge authorized in this case is an under other than honorable conditions 
discharge, if the convening authority determines such characterization is warranted and directs 
initiation of a discharge board.  I am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On or about 17 Apr 00 and on or about 18 Apr 00, you did, at or near Fayetteville, North 
Carolina, without authority, fail to go at the time prescribed to your appointed place of duty, to 
wit:  Building 738, Surveyor Street, Pope Air Force Base, North Carolina as documented by an 
AF Form 366, Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, dated 
5 May 00. 

b.  On or about 8 Mar 00, you did, at or near Pope AFB NC, without authority, fail to go at 

the time prescribed to your a  ointed  lace of duty, to wit:  a mandatory meeting with First 

Sergeant, Master Sergeant w, 2d Airlift Squadron as documented by an AF 

Form 3070, Record of Nonjudicial Punishment Proceedings, dated 27 Mar 00. 

c.  On or about 6 Mar 00, you did, without authority, fail to report to the Base Rodeo Detail 
~
as documented by a Letter of Reprimand, dated 7 Mar 00.  Your 

as directed by ~
excuse for not reporting to the Base Rodeo Detail was because your car broke down in South 
Carolina and you were attempting to repair it.  However, you did not ensure that your Chain of 
Command was aware of that matter that affected your duty status as it was your duty to do so. 

~

t

n

 

d.  On or about 14 Jan 00, you did, without authority, fail to call in between 1430 - 1600 as 

documented by a ~ e i e r  of,Reprimand, dated 20 Jan 00.  You had been counseled on the 
importance of calling in on two prior occasions. 

. #  

AMC--Global  Reach for  America 

e.  On or about 24 Jul99, you were arrested by local law enforcement for "Solicitation of 

Prostitution" and "Possession of Alcohol by a Minor" as documented by a Letter of Reprimand, 
dated 13 Jan 00. 

f.  On or about 8 Jan 00, you did, without authority, fail to report to the 2 AS building at 0730 

hours as documented by a Letter of Reprimand, dated 12 Jan 00, 

g.  On or about 19 Sep 99, following an off-duty accident, you failed to go to the flight 

surgeon's office at the proper time for morning sick call as documented by an AF Form 174, 
Record of Individual Counseling, dated 24 Sep 99.  After being instructed by  S M S
~
proper procedures for reporting to sick call, you were instructed to bring your AF  F o m  1042 to 
the Loadmaster scheduler and also call him to notify him of your DNIF status.  However, you 
failed to follow proper procedure. 

on the 

~

~

 

h.  On or about 11 Sep 99, you were cited for reckless driving and driving with a suspended 

license as documented by a Letter of Reprimand, dated 21 Sep 99. 

i. On or about 10 Sep 99, you, without authority, failed to report to the 2 AS building at 0600 

hours.  You failed to make that appointment even though you had direct knowledge of that 
appointment as documented by a Letter of Reprimand, dated 10 Sep 99. 

3,  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation me attached.  The 43d Airlift Wing Commander, who exercises Special Court 
Martial (SPCM) jurisdiction, or a higher authority will decide whether you will be discharged or 
retained in the Air Force.  If you are discharged, you will be ineligible for reenlistment in the Air 
Force. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
Contact S S g t n ( 3 9 4 - 2 3 6 2 )  at the Area Defense Counsel's offlce immediately after 
being served with this notification memorandum.  At that time an appointment will be scheduled 
for 
your own expense.  The Air Force does not pay expenses incident to the employment of civilian 
counsel,  Civilian counsel, if employed, must be readily available. 

the Area Defense Counsel.  You may consult civilian counsel at 

to consult capt -1 

5.  You have the right to submit a statement in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  IS kfh 
receive an extension for good cause shown.  I will send them to the sqaration authority. 

at  /D OD  unless you request and 

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

7.  You have been scheduled for a physical examination.  Report to physical exams on 12 May 
00 at 0700 hours.  In addition, report to physical exarnshab ASAP for HIV screening. 

8.  Any personal information you h i s h  in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208, is available for your use at the orderly room, 

Attachments: 
1.  AF Form 366,5 May 00 
2.  AF Form 3070,27 Mar 00 
3.  LOR, 7 Feb 00 
4.  LOR, 20 Jan 00 
5.  LOR, 13 Jan00 
6.  LOR,  12 Jan 00 
7.  AF Form  174,24 Sep 99 
8.  LOR, 21 Sep 99 
9.  LOR,  10 Sep 99