NAME OF SERVICE MEMBER (I.AST, FIRST MIDDL,I'. INITIAL) 

-- 

AIR FORCE DISCHARGE REVlEW BOARD HEARING RECORD 

I  AFSNISSAN 

TYPK  GEN 
Co!mEL 

Y l b  

No 

PERSONAL APPEARANCE 

NAME OF COI'NSEL AND OH 0RC;ANIZATION 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COIINSEI. 

MEMBER SITTlNG 

Advise applicant of the decision of the Board, tile right to a personal appearance withlwithout 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 

I  v: 

SAPIMKBR 
550 C STRRtl' WEST. SUI'I'IS 40 
RANIIOLPH AFB, 'I'X 78 150-4742 

\ k . ( H E l ' \ R Y   OF THE AIR FORCE YKHSOI\3EI  ( 0 1  3C'IL 
AIR tORCE  DISCIIARCE RFVIEH UOAKD 
1535 C'O.MLI.\\D  DR. CF HlhC. 1RI) FLOOR 
ANDRRWS AFB. M D  20762-7002 

I 

I 

AFRQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00021 

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 the applicant submitted no issues contesting the equity or propriety  of the discharge, and 
after a thorough review of the record, the Board was unablc 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.  He expressed his desire for upgrade of discharge to allow for reenlistment into the armed forces. 
The Board reviewed the entire record and ibund 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, two 
Letters of Reprimand, five Records of Individual Counseling and four Memorandums for Record for 
misconduct.  The applicant received an Article  15 for failure to obey an order to not drive while on a 
suspended driver's  license and for falsely altering the birth date on a military identification card.  fIc was 
punished with a suspended reduction in grade to Airman, forfeiture of $250.00 pay for two months, 
restriction to Shaw AFB for 30 days, and 30 days of extra duty.  He was reduced in grade to Airman as a 
result of a Vacation action for failing to refrain from using alcohol while under the age of 2 1.  Applicant had 
additional misconduct and was administratively disciplined lor financial irresponsibility, dereliction of duty, 
being late for work, failure to make progress on CDC's,  and failure to obey a direct order.  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 signiilcant 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 01. [he 
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 thc applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMEW  OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Shaw AFB, SC on 6 Feb 03 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge, and to Change the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 31 Jan 83.  Enlmt Age: 18 4/12.  Disch Age: 20 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-62,  G-48,  M-67. PAFSC: 2T334 - General Purpose Vehicle 
Mechanic Apprentice. DAS: 27 Dec 01. 

b.  Prior Sv: (1) AFRes 12 Jun 01 -  23 Jul 01 (1 month 12 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 24 Jul 01 for 6 yrs. Svd: 01 Yrs 06 Mo 13 Das, all AMS. 

b.  Grade Status:  Amn -  6 Jun 02 (Vacation of Article 15, 1 Aug 02) 

A1C -  10 Sep 01 

c.  Time Lost:  None. 

d.  Art  15,s:  (1) 01 Aug 02, Vacation, Shaw AFB, SC -  Article 92.  You, 

who knew of your duties, on or about 11 J u l   02, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from drinking alcoholic 
beverages while under the age of twenty-one, as it was 
your duty to do.  Reduction to Airman.  (No appeal) (No 
mitigation) 

(2) 06 Jun 02, Shaw AFB, SC -  Article 92.  You, having 

I - - - - - - - - - - - - - - -  

:not to drive due to a suspended driver's license, 

knowledge of a lawful order issued by SSgt : --------------: 
----------. 
.---------- 
an order which it was your duty to obey, did, on or 
about 18 May 02, fail to obey the same by wrongfully 
driving on a suspended driver ' s license.  Y?g,--h$-yi~g ------, 
knowledge of a lawful order issued by SMSgt: - - - - - - - - - - - - - - - - - - - - - ,  
not to drive due to a suspended driver's license, an 
order which it was your duty to obey, did, on or about 
18 May 02, fail to obey the same by wrongfully driving 
on a suspended driver's license.  Article 134.  You did, 
on or about 6 May 02, wrongfully and falsely alter by 
writing on and scratching over the birthdate on a 
military identification card in words and figures as 
follows:  causing the birthdate to be illegible. 
Suspended reduction to Airman.  Forfeiture of $250.00 

pay per month for 2 months, restriction to Shaw AFB, SC 
for 30 days, and 30 days extra duty.  (Appeal/Denied) (No 
mitigation) 

Additional: 

MFR, 05 DEC 02 -  Financial Irresponsibility. 
RIC, 09 OCT 02 -  Dereliction of duty. 
RIC, 13 SEP 02 - Late for duty. 
RIC, 12 SEP 02 -  Late for work. 
RIC, 06 SEP 02 -  Late for work. 
MFR, 06 SEP 02 -  Failure to make progress on CDCs. 
RIC, 04 SEP 02 -  Dereliction of duty. 
LOR/UIF, 05 AUG 02 -  Failure to obey a direct order 
MFR, 04 AUG 02 -  Financial Irresponsibility. 
LOR/UIF, 29 JUL 02 -  Failure to go. 
MFR, 11 JUN 02 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: None 

h *  A w a r d s   &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (07) Mos  (25) Das 
TAMS:  (01) Yrs  (06) Mos  (13) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Aug 06. 

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

Discharge) 

ISSUES ATTACHED TO B R I E F .  

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 

F p . 9 Z m s - e r  

August 8,2006 

Dear Board of Corrections, 

In December 2004, I attempted to re-enlist in the US Military in Chicago IL. AAer meeting 
all requirements with the Recruiter and MEPS, I was prepared to sign my contract. However, it was 
brought to my attention that the MEPS computer records do not match my DD 214, that states my 
re-entry code is a 3A. Their records show my re-enby code is a 4H which is not eligible for re- 
I am requesting tbat my reentry code in the MEPS records be updated to match the 
enli-ent. 
enclosed, sealed DD 214 that I requested fiom the National Personnel Records Center. This is very 
important to me because I am ready and willing to serve my country again. This request comes to 
you so that I may be eligible for re-enlistment into the US rnilitaq. Thank you for your time and 
consideration in this important matter. 

Sincerely, 

MEMORANDUM FOR AMEl i 

.-------------------------------------------------------------- 
..-.-.-.-......-.-.-------------------------------------------: 

FROM: 20 LRSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically, minor disciplinary infractions. The authority for this action is AFI 36-3208, 
Administrative Sepamtion of  A i m n ,  chapter 5, paragraph 5.49,  If my recommendation is 
approved, your discharge will be characterized as Honorable or Under Honorable Conditions 
(General).  I recommend your discharge be characterized as General. 

2.  My reasons for this action are: 

a.  On or about 5 Aug 02, you failed to obey a direct order given to you by  1'' Lt :--------i 
in that you did not display the proper rank on your uniform,  For this act of misconduct, you 
received a Letter of Reprimand (LOR), dated 5 Aug 02.  Additionally, this document was placed 
in your Unfavorable Infarmation File (UF) on 6 Sep 02. 

,--------. 

b.  On or about 25 Jul02, you failed to terminate your approved leave in the local area. 
For this act of misconduct, you received an LOR, dated 29 Jul02.  Additionally, this document 
was placed in your UIP on 6 Sep 02. 

c.  On or about 11 Jul02, you failed to refrain from drinking alcoholic beverages whiie 

under the age of twenty-one.  For this act of misconduct, your previously suspended reduction to 
the grade of Airman was vacated on  1 Aug 02. 

d.  On or about 18 May 02, you failed to obey a direct order given to you by 

SSgt Thomas Vibert to refrain from operating a vehicle due to your license being suspended. 
Additionally, you wrongfully altered your military identification causing the birth date to be 
illegible, For this act of misconduct, you received Article 15 nonjudicial punishment action, 
dated 6 Jun 02,  Punishment consisted of a suspended reduction to the grade of Airman, 
forfeiture of $250.00 pay per month for two months, restriction to Shaw Air Force Base, South 
Carolina for 30 days, and 30 days extra duty.  This document was placed in your UIF on 6 Sep 
02. 

, 

The documents listed above are located under Tab 4. 

3.  In addition to the above reasons for discharge, your file also reflects five Letters of 
Counseling, dating from 4 Sep 02 thru 9 Oct 02, for failing to properly store tools and failing to 
report for duty at the time prescribed. Four Memoranda for Record, dating from 11 Jun 02 thru 
5 Dec 02, documenting financial irresponsibility, failure to make progress in your CDCs, and 
failure to report for duty at the time prescribed. 

4.  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 
you are discharged, how your service will be characterized.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force and will probably not be allowed to enlist in any other 
branch of the armed forces. 

5.  You have the right to consult counsel.  Military legal --------------- 
I have made an  ppointment for  ou to consult capti - - - - - - - - - - - - - - 7 - -  
895-9530, on 

Jan 03, at 

d 

7 

counsel has been obtained to assist you. 

1 Area Defense Counsel, 

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

6.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three days after receipt of the notification 
memorandum, 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 are scheduled for your final out-processing medical examination on - Jan 03 at 
- 
hours.  You will report to Primary Care, located in the Shaw AFB ~ospital, at the time 
prescribed.  This appointment is mandatory,  If you must reschedule, contact your unit First 
Sergeant to reschedule the appointment for you.  This examination must be carried out within 
48 hours of the original appointment if the date must be rescheduled. 

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 in the orderly room. 

10.  The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus 
monies that you received, if any, if you separate before completing the period of active duty you 
agreed to serve.  This recoupment applies whether you voluntarily separate or are involuntarily 
separated.  Recoupment will apply regardless of the basis for involuntary discharge, unless the 
reason is homosexual conduct.  The recoupment in all cases is an amount that bears the same 
ratio to the total cost provided to you as the unserved portion of active duty bears to the total 
period of active duty you agreed to serve.  If you dispute that you are indebted for educational 
assistance, a board or other authority will make findings and recommendations concerning the 
validity of the indebtedness. 

1 1.  Execute the attached acknowledgment, and return it to me immediately. 

i 

C..... 

1 

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

~ o h a n d e r  

1 6 Attachments: 
1,  LOR, dated 5 Aug 02 (Tab 4) 
2.  AF Form  1058, dated 6 Sep 02 (Tab 4) 
3.  LOR dated 29 Jul02 (Tab 4) 
4.  AF Form 1058, dated 6 Sep 02 (Tab 4) 
5.  AF Form 366, dated 1 Aug 02 (Tab 4) 
6.  AJ? Form 3070, dated 6 Jun 02 (Tab 4) 
7.  AF Form 1058, dated 6 Sep 02 (Tab 4) 
8.  MFR, dated 5 Dec 02 (Tab 4a) 
9.  LOC, dated 9 Oct 02 (Tab 4a) 
10. LOC, dated 13 Sep 02 (Tab 4a) 
1 I. LOC, dated 12 Sep 02 (Tab 4a) 
12. LOC, dated 6 Sep 02 (Tab 4a) 
13. MFR, dated 6 Sep 02 (Tab 4a) 
14. LOC, dated 4 Sep 02 (Tab 4a) 
15. MFR, dated 4 Aug 02 (Tab 4a) 
16.  Respondent's Submission (Tab 7)