AIR FORCE DlSCHARGE REVIEW BOARD HEARlNG RECORD 

NAME OF SERVICE MEMBER (LAST, FIHS'l' MIDDLE INI'I'IAL) 
.......................... 

TYPE  GEN 

'OUNSEL 

I 

I x 
I NAME OF COIJNSEI. AND OR OICANIXNI'ION 

PERSONAL APPEARANCE 

GRADE 

SRA 
I 

RECORD REVIEW 

AUI)HGSS ANll OH OXCANlLATlON OF COUNSEL 

MEMBER SlTTlNG 

VOTE OF THE BOARD 

HON 

GEN 

I

'

O'I'HEK 
 

D E N Y  

I 

I 

I 

I 

ISSUES 

A93.33 

1 

INDEX NUMBER 

A67.10 

EXHIBITS SUBMITTED TO THE BOARD 

I  ORDER APPOINTING  THE BOARD 

1 
2  1  APPLICATION  I'OK  KHVIEW OF L)ISC:HARGE 

LETTER OF NOTIFICATION 

PERSONAI. APPEARANC't 

I  TAPE RECORDING OF PERSONAL APPEARANCE HE 

14 Jun 2007 
APPI.ICANT'S  ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE [)ISCUSSED ON THE ATTACHED AIR FORCE [)ISCHARGE REVIEW BOARD DECISIONAT. RATIONALE 

FD-2006-00061 

Case heard in Washington, D.C. via video teleconference between Andrews AFB, Maryland and Robins AFB, Georgia. 

Advise applicant of the decision of the Board and the right to submit an application to thc AFBCMR 

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

X = Upgrade, Reason and Authority 

1'0: 

SAFIMRBR 
550 C STREET WEST, SIJI'I'E 40 
KANDOLPtf AFB, TX 78150-4742 

INDORSEMEW 

FROM: 

DATE:  612012007 

SECRETARY OF TllE AIR FORCE PERSONNEL COUNCIL 
AIK liOKCG UISCHAHGE KEVIEW ROAR0 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANI)KEWS AFH, M n  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EP-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-2006-00061 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB via video teleconference from Robins AFB, GA, on 14 Jun 2007. The following witness also 
testified on the applicant's  behalf: Mrs. A. T., spouse. 

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

FINDINGS:  Upgrade of discharge and change of reason and authority 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: 

Issue 1 : The applicant contends that he was singled out by his Utilities Superintendent, who took over the 
section after his commander deployed.  The applicant states that he was singled out because he was out of 
the office numerous times (leaving early or taking time off during duty hours) to drive his wife, who could 
not drive and spoke very little English, to work and medical appointments.  The records indicated the 
applicant received seven Letters of Reprimand, two Letters of Counseling, and two Records of Individual 
Counseling for misconduct.  The misconduct included failure to perform assigned duties, poor performance, 
lying, lack of military bearing, late lor work, dereliction of duty, reporting to work without a line badge, 
failure to comply with standards, ignoring directions of supervisors and unsatisfactory performance.  After 
review of the record and testimony provided by the applicant, the Board found no evidence to substantiate an 
inequity or impropriety.  The Board concluded that the characterization and reason for discharge received by 
the applicant were appropriate. 

Issue 2:  The applicant contends that his Utilities Superintendent had a personal grudge against him and 
arranged for his General discharge and blocked his transfer to the Army.  After review of the record and 
testimony of the applicant, the Board found no evidence of an inequity or impropriety in the case on which 
to base and upgrade or change the reason for discharge. 

Issue 3:  The applicant contends that he was advised that he would be allowed to keep his enlistment bonus, 
which became a collection debt after his discharge.  In addition, the applicant contends that because of his 
discharge, he lost medical benefits for his wife who was 8 months pregnant with their child.  The Board was 
sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter 01 
inequity or impropriety which would warrant an upgrade. 

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 SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Whiteman AFB, MO on 16 
Nov 04 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions!. 
Appeals  for Honorable Discharge, and to Change the Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Sep 81.  Enlmt Age: 19 11/12.  Disch Age: 23 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-55,  E-62,  G-41,  M-59. PAFSC: 33451 -  Utilities Journeyman. 
DAS: 27 Jul 02. 

b.  Prior Sv:  (1) AFRes 8 Aug  01 -  27 Aug 01  (20 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 28 Aug 01 for 6 yrs. Svd: 03 Yrs 02 Mo 19 Das, all AMS. 

b.  Grade Status:  SrA -  19 Feb 04 
A1C -  19 Oct 01 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 
LOR, 

18 OCT 04 -  Unsatisfactory performance. 
31 AUG 04 -  Failure to comply with standards and 

blatantly ignoring directions of 
supervisors. 

LOR, 
LOR, 
LOR, 
LOR, 
LOR, 
LOC, 
LOC , 

31 AUG 04 -  Late for duty. 
26 AUG 04 -  Reporting to duty without a line badge. 
12 AUG 04 -  Dereliction of duty. 
05 AUG 04 -  Dereliction of duty. 
13 APR  04 -  Late for work. 
12 JAN 04 -  Dereliction of duty. 
12 JAN 04 -  Poor performance, lying, and lack of 

military bearing. 

12 JUN 03 -  Failure to perform assigned duties. 
04 FEB 03 -  Failure to perform assigned duties. 

RI C, 
RIC 

f.  CM:  None. 

g.  Record of SV: 28 Aug 01 -  15 Apr  03  Whiteman AFB  4  (HAF Dir) 

16 Apr 03 -  15 Apr  04  Whiteman AFB  2  (Annua1)REF 

h.  Awards  &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (03) Mos  (09) Das 
TAMS:  (03) Yrs  (02) Mos  (19) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 03 Feb 06. 

(Change Discharge to Honorable, and Change the Reason and Authority for 

Discharge) 

Issue 1:  I had served honorably and well, but was approached by MSgt. 

!who wrote statements on me which were petty.  He was determined that I 

--------------- 
would be taken out of the Air Force.  He told me he would separate me with an 
Honorable discharge and keep my bonus.  He arranged a General discharge and 
blocked my transfer to the Army. 

ATCH 
1. Affidavit of Joshua Taylor. 
2. Letter of Support. 
3. DD Form 214. 
4. Defense Fianance and Accounting Service Letter, 19 Aug  05. 
5. Account Statement. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS S09TH BOMB WING (ACC) 

WHITEMAN AIR FORCE BASE. MISSOURI 

MEMORGNDUM FOR 509 BWICC 

FROM:  509 BW/JA 

10 Nov 04 

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

1.  On 28 Oct 04, the 509 CES/CC, Majo+ .--------------------- 
; initiated discharge action against 
Respondent, SrA: --------------_--- j based on minor disciplinary infractions.  I have reviewed the 
above-referenced action in accordanct with AFI 36-3208, Administrative Separation of Airmen, 
Chapter 5, paragraph 5.49, and find it legally sufficient. 

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

2.  Facts:  The record contains sufEcient  evidence to substantiate discharge under 
paragraph 5.49.  Specific instances of Respondent's misconduct include the following: 

a.  During the month of September, Respondent was in charge of pouring concrete valve 

boxes for the water lines.  The qudity of work he did was sub-standard. For this incident, he 
reccived a Letter of Reprimand (LOR), dated 18 Oct 04. 

b. On or about 18 Feb 04, Respondent disregarded instructions to pick up his AF Form 

522 before his scheduled M-16 training.  For this incident he received an LOR, dated 3 1 Aug 04. 

c. On 12 Feb 04, Respondent failed to report to his appointed place of duty at the time 

prescribed.  For this incident, he reccived an LOR, dated 3 1 Aug 04. 

d.  On 4 Feb 04, Respondent came to work without his line badge.  For this incident, he 

received an LOR, dated 26 Aug 04. 

e. On 10 Aug 04, Respondent was derelict in the performance of his duties. For this 

incident, he received an LOR, dated 12 Aug 04. 

f.  On 28 Jul04, it was brought to the attention of the Utilities Superintendent that 

Respondent consistently demonstrated a failure to maintain the standards expected of an ainnan 
in the performance of his duties; including making false statements and showing up late for duty. 
For this incident, he received an LOR dated 5 Aug 04. 

g.  On 13 Apr 04, Respondent failed to report to his appointed place of duty at the time 

prescribed.  For this incident, he received an LOR, dated 13 Apr 04. 

h.  On 7 Jan 04, it was discovered that Respondent was not answering the stand-by phone 

while on stand-by, as it was his duty to do, that he made a false official statement, and that he 
was driving to stand-by calls in a GOV with his spouse.  For these incidents, he received a Letter 
of Counseling (LOC), dated 12 Jan 04. 

For O@Inl  Use On& 

i.  Between 17 Nov 03 and 12 Jan 04, Respondent demonstrated a poor work ethic, 

showing Iack of honesty and problems with military standards of appearance.  For this incident, 
he received an LOC, dated 12 Jan 04. 

j.  On 1 1 Jun 03, Respondent failed to shut off the chemical feed system at the base pool 
at the appointed time.  For this incident, he received a Record of Individual Counseling (RIC), 
dated 12 Jun 03. 

k. On 4 Feb 03, Respondent failed to perform his duties properly.  For this incident, he 

rwived an WC, dated 4 Fcb 03. 

The 509 CESICC recommends that Respondent -receive an under 

3,  Unit Recornmen-: 
honorable conditions (general) discharge without probation and rehabilitation (P&R). 
4.  Member's m: Respondent consulted counsel and waived his right to submit 
statements on his behalf. 

a.  Baais:  AFI 36-3208, Chapter 5, Section H, paragraph 5.49, authorizes separation 
based on a pattern of misconduct consisting solely of infractions that may involve failure to 
comply with non-punitive regulations or minor offenses under the UCMJ, Infractions of this 
type result, as a rule, in informal or formal counselings, letters of reprimand, or Article 15 
nonjudicial punishments, As described in paragraph 2, Respondent has received two RICs for 
failure to perform assigned duties properly; two LOCs for demonstrating a poor work ethic, 
showing lack of honesty and problems with military standards of appearance, and failure to 
perform assigned duties properly; and seven LORs failure to perform assigned duties properly, 
disregarding instructions, failure to report for duty at the time prescribed, corning to work 
without his line badge, and making false statements.  This conduct constitutes a series of minor 
disciplinary infractions and is inconsistent with the maintenance of good order and discipline. 
Consequently, there is a legally sufficient basis for discharge under this section. 

b.  Service Characterization: AFI 36-3208, paragraph 1.18,2, states that an under 
honorable conditions (general) discharge is appropriate when an airman's service has been 
honest and faithful, but significant negative aspects of the airman's conduct or performance of 
duty outweigh positive aspects of the airman's military record.  In this case, Respondent's 
repeated misconduct constitutes conduct prejudicial to good order and discipline.  Although 
repeated efforts have been made to correct his misconduct, those efforts have proved ineffective, 
and the improper behavior has persisted.  Such negative aspects of Respondent's  conduct 
outweigh positive aspects of his military record.  Therefore, an under honorable conditions 
(general) discharge is warranted. 

c.  Probation a d  Rebshilitation:  JAW AFI 36-3208, paragraph 7*2.7, the separation 
authority may offer Probation and Rehabilitation (P&R) in any case where there seems to & a 
reasonable expectation of rehabilitation,  In this case, Respondent has been dorded several 

For OmLI Use Only 

opportunities to conform his behavior to acceptable military standards.  Respondent was issued 
two RICs, NO  LOCs, and seven LO&.  These repeatcd corrective measures and Respondent's 
failure to comply with these measures demonstrates an inability or unwillingness to conform his 
behavior to Air Force standards.  For these reasons, I concur with the 509 CES/CC's 
recommendation that Respondent not receive PCR pursuant to the provisions of AFI 36-3208, 
Chapter 7. 

6, O~tions: As the spccid court-martial convening authority you may: 

a.  Retain Respondent in the Air Force; 

b.  Direct that Respondent be separated with an under honorable conditions (general) 

discharge, with or without an offer of probation and rehabilitation; 

c.  Recommend Respondent be separated with an honorable discharge, with or without 

probation and rehabilitation, and fonvard this case to the general court-martial convening 
authority (8 W C C )  for action; or 

d.  Direct this case be reinitiated pursuant to the board hearing procedures of 

AFI 36-3208, Chapter 6, Section C, if you feel a discharge under other than honorable conditions 
(UOTHC) is wananted. 

7.  -mendation: 
I recommend you discharge Respondent, characterizing his service as 
under honorable conditions (general), without an offer of probation and rehabilitation.  If you 
agree, please sign the attached correspondence and return this file to JA for further processing, or 
please advise us if you prefer an alternate disposition. 

c 
............................................ 

Chief, Adverse Actions 

---------------  -  ----I-----------I--,- * -------- m 
StPff Judge &ocate 

I concur. 

-------- 
Attachment: 
Discharge PackagdSrA [ - - - - - - - 

For OmW Use Only 

DEPARTMENT OF THE AIR FORCE 

509TH CIVIL ENGINEERING SQUADRON (ACC) 

WHITEMAN AIR FORCE BASE, MlSSOLlRl 

FROM: 509 CES/CC 

SUBJECT:  Notification Memorandum 

1.  I am rtcommtndiig your discharge from the United States Air Force for minor disciplinary 
infractions.  The authorities for this action are AFPD 36-32 and AFI 36-3208, paragraph 5.49. If 
my recommendation is approved your service may be characterized as honorable or under 
honorable conditions (general).  I am recommending that your sentice be characterized as under 
honorable conditions (general). 

2.  My reasons for this action are: 

a.  During the month of September, you were in charge of pouring concrete valve boxes 

for the water lines.  The quality of work you did was sub-standard. For this incident, you 
received a Letter of Reprimand (LOR), dated 18 Oct 04. 

b. On or about 18 Feb 04, you disregarded instructions to pick up your AF Form 522 

before your scheduled M-16 training.  For this incident you received an LOR, datd 3 1 Aug 04. 

c. On 12 Feb 04, you failed to report to your appointed place of duty at the time 

prescribed.  For this incident, you received an LOR, dated 3 1 Aug 04. 

d.  On 4 Feb 04, you came to work without your line badge.  For this incident, you 

received an LOR, dated 26 Aug 04. 

e. On 10 Aug 04, you were derelict in the performance of your duties.  For this incident, 

you received an LOR, dated 12 Aug 04. 

f.  On 28 Jul04, it was brought to the attention of the Utilities Superintendent that you 

consistently demonstrated a failure to maintain the standards expected of an airman in the 
performance of you. duties; including making false statements and showing up late for duty.  For 
this incident, you received an LOR, dated 5 Aug 04, 

g.  On 13 Apr 04, you failed to report to your appointed place of duty at the time 

prescribed.  For this incident, you received an LOR, dated 13 Apr 04. 

h.  On 7 Jan 04, it was discovered that you were not answering the stand-by phone while 
on stand-by, as it was your duty to do, that you made a false official statement, and that you were 
driving to stand-by calls in a GOV with your spouse.  For these incidents, you received a Lettcr 
of Counseling (LOC), dated 12 Jan 04. 

For Omhf Use On& 

i.  Between 17 Nov 03 and 12 J a n  04, you demonstmkd a poor work ethic, showing lack 
of honesty and problems with military standards of appearance.  For this incident, you received 
an LOC, datcd 12 Jan 04, 

j.  O n  1 1  Jun 03, you failed to shut off the chemical feed system at thc base p o l  at the 

appointed time.  For this incidknt, you received a Record of Individual Counseling (RIC), dated 
12 JunO3. 

k. On 4 Fcb 03, you failed to perform your duties properly.  For this incident, you 

received an RIC, dated 4 Feb 03. 

3.  Copies of the documents to be forwarded to the separation authority ia support of this 
recommendation are attached.  The commander exercising special court-martial convening 
authority 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 rccoupment. 

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 the Area Deftnsc Counsel in Bldg 509 on 
. You m y  also consult civilian counsel at your own 
a 4 0 ~ X o b  at 
expense. 

iy.:.30 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  b 50 .  7. dar 
-unless  you request 
and receive an extension for good cause shorn.  I *men& 
authority, 

to the sparation 

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

7.  You have been scheduled for a medical examination.  You must report to Family Practice at 
\ 3 0 b  L on Xq  0 cto'l 

for the txamination. 

8,  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 your unit's Commolndcr Support Sm 

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

....-.-.-.-.-......----------------------------------J 
Commander 

Attachments; 
1. Supporting documents -for  the reason for discharge: 

For 0-1 

Us# Onty 

a.  LOR, dated 18 0 c t  04 
b.  LOR, dated 3 1 Aug 04 
c.  LOR, dated 3 1 Aug 04 
d.  LOR,  datcd 26 Aug 04 
e.  LOR, dated 12 Aug 04 
f.  LOR, dated 5 Aug 04 
g.  LOR, dated 13 Apr 04 
h.  LOC, dated 12 Jan 04 
i.  LOC, dated 12 Jan 04 
j.  RIC,dated12JunO3 
k.  RIC, dated 4 Feb 03 

2.  Documents containing derogatory information -- which are not listed in the notification 
memorandum:  None 
3.  Airman's receipt of notification memorandum, d a t e d 8  4 0 7  

For O p & l  Use Only