I 

N A M E  OF SERVICE MEMBER (WSI.,   FIRS^ MIIIDLE I N I T I A L )  

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 

I  ABSNRSAN 

T Y P E   GEN 

I 

I 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

I  X  I 

RECORDREVIEW 

ADDRESS AND OR OHGANILA I ION OF C'OIINSFI 

1 

1 

X 

I 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

GEN 

UOTHC 

OTHER 

I  DLNY-  I 

1 

ISSUES 

AO1.O1 

I 

INDEX NIIMRER 

A67. I0 

I  IlEARINE DATE 

1  CASE NIIMnER 

EXfiIBITS YUBMX'1'TED T O  T H E  BOARD 

I  ---~ 

1 
2 
3 
1  4 

ORDER APPOIN'I'ING  'I'IIk  HOARD 
APPLICATION  FOR  REVIEW OF I)ISCIiAKGE 
LETTER OF NOTIFICATION 
1  BRIEF O F  PERSONNEL FILE 

1 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITfLI) A'l' 'I'IMb. OF 
PERSONAL API'LARANC'I' 

~ 

'I  AI'E  RECOKDINC; OF PERSONAL APPEARANCli  f  lli 

25 Jan 2007 
APPLICANT'S! IS$@  hWb'W8'DdXrpDvS OklSlOWXL. RA"FION4L'ARE DEcUWsED  THB ATTACHED MA FORGE OlSCHXROE, REVIBW IldIm IlbEiSiONAL P.ATIONA1.F 

FD-2005-00351 

Case heard in  Washington, D.C. 

Advise applicant of the decision of the Board, the riglit to a personal appearance with/without counsel, and the right to submit an 
application to the AFBCMR 
1  Names and votes will  be made available to the applicant at the applicant's  request. 

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

w 

TO. 

SAkIMKHK 
550 C S 1 Rbk 1  WbS 1 .  SU1.I E 40 
RANDOLPH AFB, TX 781 50-4742 

INDORSEMENT 

' 

^"- 

" " "  

' 

" 

DATE:  2/&n007 

6hCHhlAHY 06  IHEAIH 6OKCE PEHSONNFI COUNCII 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOH 
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 NIJMBER 

FD-2005-00351 

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

The applicant was offered a personal  appearance  before the Discharge Review Board (DKB) but  declined to 
exercise  this  right.  The  attached  brief  coiltains  available  pertinent  data  on  the  applicant  and  the  factors 
leading to the discharge. 

FINDINGS:  Upgrade of discharge and change of reason for discharge 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. 

ISSUES:  Applicant received a General discharge for Misconduct--Minor Disciplinary Infractions 

ISSUE  1:  Applicant  contends  that  he  was  told  by  leadership  he  was  going  to  receive  an  entry  lcvel 
separation,  but  due  to  the  mishandling oS his paperwork  the result  was  a  General  discharge.  The records 
indicate that  during the timeframe oS Jan-Apr  04 the applicant  received  a Record of Individual  Counseling 
for failing a dorm inspection, a Letter of Counseling for failure to go to a mandatory  study period, a Letter of 
Reprimand  for  failure  to  go  to  a  hair  cut  inspection,  and  two  Article  15s--1)  for  underage  drinking  and 
making  a false  statement and  2)  failure to  wear  appropriate  uniform  in Phase  I,  specifically went  off base 
from  1000-0200 and  wore civilian  clothing; in  addition failure to  go to  mandatory  Substance  Abuse class. 
The records  show a statement from the squadron co~nmander recomnleilding the applicant be re~novcd from 
training  and discharged.  Commander also stated that the  applicant  was  uilablc to adapt to  military  way  of 
life and  not  a candidate  for reclassification  or retention.  After  thorough  review  of the  records, the  Board 
found  no  inequity  or  impropriety  and  concluded  that  the  characterization  of the  discharge  received  was 
appropriate. 

ISSUE 2:  Applicant contends that he was promised things but they were unfulfilled  by the Air Force--1) not 
getting the job he wanted, 2) not getting the assignnleilt he wanted and 3) not receiving the Sign In Bonus of 
$6,000.00  for enlisting into Tactical  Aircraft  Maintenance  career  field.  The Board  was sympathetic to  the 
impact these unfulfilled promises  has  affected the  applicant, but  is not  a matter  of inequity or  impropriety 
which would warrant an upgrade. 

CONCLUSIONS:  The  Discharge  Review  Board  coilcludes  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 ad~l~iilistrative 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 AB)  (HGH AB) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr Sheppard AFB, TX on 29 Apr  04 
UP AFI 36-3208, para 5-49 -  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Entry Level Separation Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Mar 85.  Enlmt Age: 18 2/12.  Disch Age: 19 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-53,  G-52,  M-44. PAFSC: 2A313B -  Tactical Aircraft 
Maintenance Helper.  DAS: 17 Nov 03. 

b.  Prior Sv: (1) AFRes 19 Jun 03 -  30 Sep 03  (3 mos 12 das) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 1 Oct 03 for 6 years. Svd: 00 Yrs 06 Mo 29 Das, all AMS 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 5 Apr 04, Sheppard AFB, TX -  Article 86.  You did, on 

or about 22 March 2004, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: mandatory education class at the Substance Abuse 
Clinic.  Article 92.  You, who knew or should have known 
of your duties, on or about 21 Mar 04, were derelict in 
the performance of those duties in that you willfully 
failed to wear the appropriate uniform while in Phase 1, 
as it was your duty to do.  Forfeiture of $246.00 pay. 
(No appeal)  (No mitigation) 

(2) 3 Mar 04, Sheppard AFB, TX -  Article 92,  You, who knew 
or should have known of your duties, on or about 31 Jan 
04, were detelict in the performance of those duties in 
that you willfully failed to refrain from consuming 
alcoholic beverages while under the legal drinking age 
of 21, as it was your duty to do.  Article 107.  You 
did, on ,or--+b?-;t-?L-Jan 04, with intent to deceive, make 
to SSgt : 
that you did not have a military identification card, 
which statement was totally false, and was then known by 
you to be so false.  Forfeiture of $350.00 pay per month 
for 2 months and a reprimand. (No appeal)  (No 
mitigation) 

'  an official statement, to wit: 

,. .-. .-. .-. .. .-. .-. -> 

e.  Additional: A E T C   FM 125A, 31 MAR 04 -  Disenrollment from Training. 

LOR, 8  MAR  04 -  Reported to Commander needing a haircut, 

LOCI 17 FEB 04 -  Failure to go. 
RIC, 15 JAN 04 -  Room inspection failure. 

ordered to get haircut and failed to do so. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs :  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (00) Yrs  (10) Mos  (11) Das 
TAMS:  (00) Yrs  (06) Mos  (29) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 29 Jul 05. 

(Change Discharge to Entry Level Separation.) 

ISSUES ARE ATTACHED T O   BRIEF. 

ATCH 
1.  Applicant's Issues. 

' 08/29/2005  18: 1 5   FAX  14067824717 

------------------ 

b . . - . - . - . - . . . . . . . . I  

RECEIVED 
2005 JUL 29 Ph!  12:  12 
GREfiVi FALLS OFFICE 
43 

July 25,2005 

.-------------- 

bear Sw.: - - - - - - - - - - - - - - a  

- 

I vvwld like to have my Geneml Discharge (Under H o m b l e  Contiins) upgraded ta an ELS 
(Enhy Lwel Sepwation).  I waa toW by my MTL's (Military Training Leadds) h t  I would W e
 an 
EL$,  hwvever their  farlure  to  pr~cess my  papaw&  in  a  thely  manner  resulted  in, a  General 
D i r g e .  An  EL8 is  given  if yo~l Separate  from the  Military within  6  Months of  Joining.  I was 
separated at 7 Months of being in the Mlitary. 

- ,   ..  -& 
6mmbrhgAe.AicSorce. Cwas p m W  many things-that I  did 
n d  want to be in 1M Military anymore.  A B u b  MEPS, I Was 
mt receive, -did 
told to write dam three of the things that i ~ e w k d  me, that I wanted td make a 
out of.  SO I 
gave them t h m  things.  I was not able ta get any of them and they assigned me tD a different Job. 
They tokl me what a great lob it was and that I wo~lld featly lwe it and that the Sign in Bonus was 
$6,000. Onginally I joined the Unimd States Air Fum b defend my country and get an edumtion  M y  
rearr'kf had said 1 could go b college and da my job no pmblenl. and while I was h, C O U ~
 would be 
paid for in full.  The job I mceivd made it almost impossible to go tu college artd be Lr the Air Fom at 
the  same time.  This  I  did  not 'find out  until &r  Baslc Training.  I asked if I  could get stationed 
swnewhere near the West mast with  this job  so 1 muld go  home and  help my single mom on the 
Ranch unce in a while as she had tw broken legs at the fime and a d d  my help.  They said yes I 
could put down tive places where I  wanted to go and ws guaranteed to get one of those fhre plaaes.  I 
was also pmlsed Ygher rank and pay if  I signed up for an additional h years.  WiW  the loans I  had 
out I  really muld have used the exIra money. 

~

Once I m p k t e d  Basic Training  I m Sbldneci in Shaw AFE South Cardina far from Home 
I did not receive the sigs in h u s  promised.  The higher pay offered ibr signing up fdr an extra two 
years was nat given ta me eitfier insbad they said that I  do not get that artra pay and rank until 3 years 
of setvics. 

These lnlfulfilled p~prnises show me the way the USAF op&rates. I signed up based M the 
It is 

promises made to me.  I  do not wish tD be a part of an brganizafion lacking honesty and intqj'dy. 
for this reason  that I believe I desem to  be upgmded fmm a General Discharge to the  Entiy l ~ e l  
Seperatian.  I would have received the EL8 if not for the Mn's blure to file my papemrk in a timely 
manner.  I  believe the 'General  Discharge" s t a b  on my DO 214, will hiada all future attempts fw my 

*  - 

.......... employment 

Sincerely, 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

APR  2 1 2004 

, - 

FROM:  362 TRS/CCQ 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions. The authority for t h s  action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  Ifmy 
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 Sheppard AFB TX, on or about 22 Mar 04, without authority, fail 
to go at the time prescribed to your appointed place of duty, to wit:  mandatory education class at 
the Substance Abuse Clinic.  For this misconduct and subparagraph "b"  below you received 
Article 15 punishment on 5 Apr 04. 

b.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on 
or about 21 Mar 04, were derelict in the performance of those duties in that you willfully failed to 
wear the appropriate uniform while in phase I, as it was your duty to do. 

c.  You did, at or near Sheppard AFB TX, on or about 5 Mar 04, without authority, fail to 
--- -- !office for haircut 

----------- 
go at the time prescribed to your appointed place of duty to wit:  MSgt :---- 
inspection.  For this misconduct, you received a Letter of Reprimand (LOR) on 8 Mar 04, 

d.  You did, at or near Sheppard AFB TX, on or about 10 Feb 04, without authority, fail 
to go at the time prescribed to your appointed place of duty, to wit:  Mandatory Study.  For this 
misconduct you received a Letter of Coullselhg (LOC) on  17 Feb 04. 

e.  You, who knew or should have know of your duties at or near Sheppard AFB TX, on 
or about 3 1 Jan 04, were derelict in the performance of those duties in that you willfully failed to 
refrain from consuming alcoholic beverages while undcr the legal drinking age of 21, as it was 
your duty to do.  For this misconduct and subparagraph "f' below you received Article 15 
punishment on 3 Mar 04. 

f.  You did, at or near Sheppard AFB TX, on or about 3 1 Jan 04, with intent to deceive, 

C................. 

make to SSgt: 
identification card, which statement was totally false, and was then known by you to be so false. 

!,  an official statement, to wit:  that you did not have a military 

g.  You, who knew or should have known of your duties at or near Sheppard AFB TX, on 
or about 14 Jan 04, were derelict in the performance of those duties in that you willfully failed to 
keep your dormitory room in inspection order at all times, as it was your duty to do.  For this 
misconduct you received an AF Form 174, Record of Individual Counseling, on 15 Jan 04. 

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 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 be denied enlistment in any component of the 
armed forces.  Any special pay, bonus, or education assistance funds may be subject to 
recoupment. 

c 

3.  You have the right to consult counsel. ' ~ i 1 i t a . r ~  

I have made an appointment for you to consult  hj i  - at building 1638 on 

has been obtained to assist you. 

leg?! ~ Q ~ W I ~ L  

21 

r  04 at  J ~ W D  . You may consult civilian co'iGiill'it-$ur  own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  d.b Ap.f 04  unless you request and 
receive an extension for good cause shown.  I will send thkm to the separation authority. 

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to the 82d Medical 
Group, Bldg 1200, Physical Examinations, at  osyq  . o n   /h#i 07 

. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFT  36-3208 is available for your use in the Commander's Support Staff Office. 

8.  Execute fhe attached acknowledgment and return it to me immediately. 

Attachments:  (listed on the next page) 

Attachments: 
1.  A .  Form 3070'5 Apr 04 
2.  Response to Article 15,2 April 04 
L - . - - - - C   : 22 Mar 04 
3.  AF Form 1168, AB!------' 
4.  AF Form 1168, TSgt 
21 Mar 04 
5 ,   82 MDOSISGOHA Memo, 19 Apr 04 
6.  LOR, 8 Mar 04 
7.  LOC,  17Feb 04 
8.  AF Form 3070,3 Mar 04 
9.  Response to Article 15,25 Feb 04 wll atch 
, - - - - - - - 
10. A.F Form 1168, AB; ;,=,,, 
11. A F F o ~  1168, SSgti ------- 1, 
12.82 SFSICSF Memo, 4 Feb 04 
13. DD Form 2708,4 Feb 04 
14. AF Form 1 74, 15 Jan 04 
15. AETC Fonn 125A, 31 Mar 04 
16. Student Training Report, 04030 
17. AETC Form 173'4 Feb 04 
18. AETC Form 173,2 1 Jan 04 
19. LAFB Form 205,17 Nov 03 

Feb 04 
: 31 Jan04 

20. Airman's Receipt to Notification Memorandum LJ d