HEARING  DATE 

CASE NUMBER 

25 Jul2007 
APPI.ICAhT  S ISSUE  4ND l H F  R04RD'S DEClSlO'i41.  RATIONAL ARE DISCCSSED ON THf ATTACHED AIR  FORCI: DISCHAROE R N l E W  BOAKU DECISIONAI. RATIONALE 

FD-2006-00111 

I 

I 

Case heard  in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithoul  counsel, and the riglit to subinit ail 
application to the AFBCMR. 

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

*  Rcason and Authority 
1  +  Reenlistment Code 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

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

DATE:  7/30Rl(M 

CROM. 

ShCKhl AKY OFTHE AIR PORC 
41R  FORCE DISCHAKGh KFVlE 
1535 COMMAND DR. E h  WING, 3 
ANDREW$ ACE. MI) 20762-7002 

E PERSONNEL COUNCIL 
W  BOARD 
RD FLOOR 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-001 

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 requested a personal appearance before the Discharge Review Board (DRB) and was 
scheduled for an appearance on 11 June 2007, via video-teleconference  between Robins AFB, GA and 
Andrews AFB, MD, but he did not keep the appointment or call to reschedule.  Therefore, his request was 
reviewed based upon the record and his submission. 

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: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
He admits that he made mistakes and has expressed a desire for upgrade of discharge so that he may reenlist 
into the armed forces.  The records indicated the applicant received a Letter of Reprimand, six Letters of 
Counseling, and six Records of Individual Counseling for misconduct.  The applicant was administratively 
disciplined for being late for duty on numerous occasions, arriving to work in the wrong uniform, failing the 
Weapons Safety portion of the Quality Control exam, failure to go, missing dental appointments, dereliction 
of duty, and taking apart a loaded M-9 weapon  in the guard gate.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board 
concluded the applicant's  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 DISCHARGE REVIEW BOARD 

ANDREWS  AFB, MD 

(Former AMN)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr USAF McChord AFB, WA on 4 Aug 
92 UP AFR 39-10, para 5-46  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for an Honorable Discharge, and to Change the RE Code, Reason and 
Authority for Discharge. 
2 .  BACKGROUND : 

a.  DOB: 24 Oct 70.  Enlmt Age: 20 3/12.  Disch Age: 21 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-56,  E-81,  G-70,  M-89. PAFSC: 81132 - Apprentice Law Enforcement 
Specialist. DAS: 4 Mar 92. 

b.  Prior Sv:  (1) AFRes  12 Feb 91 -  22 Sep 91 (7 months  11 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 23 Sep 91 for 4 yrs. Svd: 00 Yrs 10 Mo 12 Das, all AMS. 

b.  Grade Status:  Amn  -  23 Mar 92 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 01 JUL 92 -  Late for duty and uniform not in 

MFR, 30 JUN 92 -  Late for duty. 
MFR, 24 JUN 92 -  Failed the Weapons Safety portion of the 

accordance with AFR  35-10. 

LOC, 23 JUN 92 -  Failed the Weapons portion of the Quality 

Quality Control exam. 

Control exam. 

LOCI 25 MAY 92 -  Arriving at work in the wrong uniform. 
LOC, 24 MAY 92 -  Failure to go. 
LOC, 19 MAY 92 -  Late for duty. 
MFR, 19 MAY 92 -  Showing a lack of responsibility. 
MFR, 08 MAY 92 -  Late for duty and arriving in the wrong 

uni form. 

LOCI 30 APR  92 -  Failure to go. 
MFR, 21 APR  92 -  Failure to go. 
MFR, 21 APR  92 -  Late for duty. 
LOC, 04 APR  92 -  Late for duty. 

(Examiner's  Note: The following additional derogatory information was not 
covered anywhere else; however, is listed on the "Overview of Duty 
Performance, dated 25 May 92): 

21 May 92 -  Missed dental appointment. 
19 May  92 -  Late for duty. 

18 May  92 -  Missed dental appointment. 
07 May  92 -  Dereliction of duty. 
24 Apr  92 -  Missed dental appointment. 
15 Apr  92 -  Missed dental appointment. 
06 Apr 92 -  Failed to attend Squadron Training. 
04 Apr  92 -  Late for duty, and taking apart a loaded M-9 

Weapon in the guard gate. 

f.  CM:  None 

g.  Record of SV: None. 

h.  Awards  &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (05) Mos  (23) Das 
TAMS:  (00) Yrs  (10) Mos  (12) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Mar  06. 

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

for Discharge) 

Issue 1:  Seperation  (sic) was requested -  not mandatory and during, 

military  force reductions by executive order by pres  (sic) Reagan.  I wish to 
reenter the service of the United States as a Reservist and possibly from there 
back into active service if you will let me.  I made mistakes in the past and 
left the service.  Please allow me to correct that mistake and serve my country 
again. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

a2d AlFuFT  wrwr6urc) 

, - - - - - - - - - - - - - - - - - - - - -  

3 

28  J u l y   1992 

J A   (Major L..-.-....-....-.-.... 

I 

FROM: 

SUBS: 

Legal  Review  o f   AFH  39-10,  Discharge  o f   Amn  ;---------------I 

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

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626  S e c u r i t y   Pol ice Squadrcm 

~ - . . . . - . - . . . . - . - . . . - - - - - - - - - - - - - - - - - - - - ' 9  

1.  T h i s   a c t i o n   was  i n i t i a t e d   under  AFR  39-10,  chapter  5 ,  
( p a t t e r n  o f   misconduct) .  The  Squadron  Commander 
paragraph  5-46 
recommends  s e p a r a t i o n   from  t h e   A i r   Force  w i t h   a  general  (under 
honorable  c o n d i t i o n s )   d i s c h a r g e   and  t h a t   p r o b a t i o n   and 
r e h a b i l i t a t i o n   shauld  n o t   be  s f  f e r e d .  

2. 

T h e   s p e c i f i c   reasons  + o r   t h e   commander's  recommendation  are: 

a.  On  a r   about  4  A p r i l   92,  respondent  r e p o r t e d   t o  w o r k :   l a t e  

f o r   t h e   second  t i m e   i n  t h r e e   days.  He  r e c e i v e d   a  L e t t e r   0f 
Counseling  ILOC)  on  4  A p r i  1  92. 

b. 

O n   o r   about  21  A p r i l   92,  respondent  r e p o r t e d   t o  work 

l a t e .   He was  v e r b a l l y   admonished. 

c .   On  o r   about  7  Nay  92,  respondent  f a i l e d   t o  have  i n  h i s  
possession  h i 8   a u t h e n t i c a t i o n   c a r d   d u r i n g   a  duress  response  t o  
h i s   l o c a t i o n   which  was  caused  by  him.  He  was  v e r b a l l y   counseled. 

d .   On  or  about  8  May  92,  respondent  r e p o r t e d   l a t e   t o   work  i n  

t h e   wrong  u n i f o r m .   He  was  v e r b a l l y   counseled. 

e.  On  o r   about  19  Hay  92,  respondent  r e p o r t e d   t a   work:  i n  t h e  

wrong  u n i f o r m .   He  r e c e i v e d   a  L e t t e r   o f   Counseling. 

f .  

On  o r   about  24  May  92,  respondent  missed  h i s  d e n t a l  

appointment,  which  he  had  p e r s a n a l l y   rescheduled, 
time.  He  r e c e i v e d   a  L e t t e r   o f   Caunseling. 

f o r   t h e   second 

g. 

On  o r   about  23  June  92,  respondent  f a i l e d   h i s  qua1 i t y  

c o n t r o l   e v a l u a t i o n   on  weapons  s a f e t y .   Although  he  was  t o  be 
ready  f o r   t h i s   e v a l u a t i o n   w i t h i n   30  days  from  r e l e a s e   +ram 
t r a i n i n g ,   he  was  g i v e n   9Ct  days.  He  r e c e i v e d   a  L e t t e r   o f  
Counsel i ng. 

3 .   A  preponderance  of  t h e   evidence  i n d i c a t e s   t h a t   respandent  d i d  
commit  t h e   rnlsconduct  as  a1 leged. 

The  respondent  is 21  years  o l d ,   e n l i s t e d   on  23  September  91 

4. 
+ o r   a   term  of  4  years  and  has  a  t o t a l   o f   1 0   m ~ n t h s  o f  
active s e r v i c e .   A f t e r   c o n s u l t i n g   w i t h   t h e   Area  Defense  Counsel, 
respondent  chose  n o t   t o   submit  statements. 

t h e   commander  i n d i c a t e d   i n  h i s   l e t t e r   of 

t h e   b a s i s   f a r   d i s c h a r g e   were  two  i n c i d e n t s ,   on  4  and  6 

5.  I r r e g u l a r i t i e s :   There  a r e   s e v e r a l   minor  a d m i n i s t r a t i v e  
i r r e g u l a r i t i e s   i n  t h i s   package.  Respondent  was  n o t i f i e d  t h a t  
p a r t   of 
A p r i l   92,  f o r   which  he  was  v e r b a l l y   admonished.  There  is no 
r e c o r d   of  those  i n c i d e n t s   i n  t h e   f i l e   r e s u l t i n g   i n  v e r b a l  
admonishments,  and  you  should d i s r e g a r d   them  i n  e v a l u a t i n g   t h i s  
package.  Also, 
n a t i f i c a t i o n   t h a t   respondent  r e c e i v e d   a  l e t t e r   of  c o u n s e l i n g   f o r  
an  i n c i d e n t   nn  8 May  92.  The  r e c o r d   i n d i c a t e s   respondent  was 
v e r b a l l y   counseled.  F i n a l l y ,   t h e   commander  does  n o t   mention  i n  
h i s  n o t i f i c a t i o n   l e t t e r   t h a t   respondent  r e p o r t e d   f o r   warE:  l a t e  
and  o u t   o f   u n i f o r m   on  30  June  92,  f o r   which  he  r e c e i v e d   a  l e t t e r  
of  reprimand.  However,  t h e   LOR  i s  i n c l u d e d   in  t h e   case  f i l e ,   and 
i t  shows  t h a t   respandent  acknowledged  r e c e i p t .  
documents  t h e   i n c i d e n t   t h a t   t r i g g e r e d   t h i s   d i s c h a r g e   a c t i o n .  
Respondent's  acknowledgment  o f   r e c e i p t   c o n f i r m s   ha  was  n o t i f i e d  
and  reprimanded  + o r   t h e   i n c i d e n t .   A c c o r d i n g l y ,   you  may  c o n s i d e r  
t h e   30  June  i n c i d e n t ,   and  your  c o n s i d e r a t i o n   w i
l   n o t   p r e j u d i c e  
Respondent's  r i g h t s   i n  t h i s  a c t i o n .  

Presumably,  i t  

l

6 .   A s   Discharge  A u t h o r i t y ,   you  a r e   empowered  t o :  

a.  Order  respondent  t o  be  r e t a i n e d   i n  the A i r   Force;  a r  

b.  Approve  t h e   d i s c h a r g e   and  i s s u e   an  honorable  o r   a  general 

(under  hanarabl e  c o n d i t i o n s )   discharge,  w i  t h a u t   p r o b a t i  an  and 
r e h a b i l i t a t i o n .  

7.  Recommend  you  d i s c h a r g e   respondent  w i t h   a  general  d i s c h a r g e ,  
w i t h o u t   p r o b a t i o n   and  r e h a b i l i t a t i o n .   Even  w i t h o u t   c o n s i d e r a t i o n  
o f   t h e   i n c i d e n t s   o f   4  and  6 A p r i l   92,  t h e   r e c o r d   shows  respondent 
r e p e a t e d l y   f a i l e d   t o  meet  even t h e   most  basic  standards  of 
t i m e l i n e s s   and  appearance. 
F u r t h e r ,   he  f a i l e d   t o   p r o p e r l y  
perform  on  s e v e r a l   accasions  due t o  what  a t   b e s t   was  h i s  own 
carelessness.  H i s   c o n t i n u e d   s e r v i c e   would  be  d e t r i m e n t a l   t o  good 
o r d e r   and  d i s c i p l i n e   a t   McChard,  a n d   h i s  r e c o r d   c e r t a i n l y   m e r i t s  
no  b e t t e r   than  a   general  discharge.  F'robation  and  r e h a b i  1  i t a t i o n  
i s  n o t   a p p r o p r i a t e .   Respondent  has  had  many  chances  ta comply 
w i t h   t h e   most  s i m p l e   and  b a s i c   requirements,  y e t   he  r e p e a t e d l y  
f a i l e d   t o   da  so.  F u r t h e r   e f f o r t s   a t   r e h a b i l i t a t i o n   would  be  a  
waste  o f   A i r   Force  resources. 

8. 
t h e   regpandent  i s  medical 1  y   qua1 if i e d   t o  be  i n v a l u n t a r i  1 y  
discharged.  The  package  i s  l e g a l l y   s u f f i c i e n t .  

A  medical  e v a l u a t i o n   i s  i n c l u d e d   i n  t h e   package  s t a t i n g   t h a t  
- 

C . - . . - . - . . - . . - . . - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - '  
S t a f f   Judge  Advocate 

DEPARTMENT OF THE AIR  FORCE 

md2dAYlLrrmm31AYC) 

FROM:  62 SPS/CC 

SUBJECT:  Notification Letter 

62  SPS 

16  July 1992 

1.  I am recommending your discharge from the United States Air Force for 
Minor Disciplinary Infractions according to AFR 38-18,  under the p~oviaions of 
Section H, paragraph 5-46.  If my  recommendation is approved, your service 
will be characterized as honorable or general.  I am recommending that your 
service be oharecterized ag general, under honorable conditions. 

2 .   My reasons for this action are: 

a.  On or about 4 Apr 82, you reported to work late twice in three days. 

You received a Letter of Counseling cn 4 Apr 9 2 .  

b.  On o r   about 4 Apr Q2, you took apart your M-Q  while posted as a entry 

controller.  You were verbally admonished. 

c .   On 6 Apr 9 2 ,   you missed a scheduled training session.  You were 

verbally admonished. 

d.  On 21 A ~ F  9 2 ,   you pepopted to wark  late.  You were verbally 

admoniahed . 

e .   On 7  May 02, you failed to have in youp poaaeeaion your authentication 

card during a duress response to your location which was caused by you.  You 
were verbally counseled. 

f.  On 0 May 92, yau reported late to work and in the wrong uniform.  You 

were verbally admonished. 

g.  On  10  May  02, you reported to wark  in the wrong uniform.  You received 

a Letter of Counseling. 

h.  On or about 24 May, you miased  two dental appointments of  which you 

scheduled.  You received a Letter of  Coungeling. 

i.  On 23 Jun 9 2 ,   you failed your quality control evaluation on weapons 

safety.  You were to be ready for this evaluation within 30 days from releaee 
from training, yet you had 04  days.  You ~eaeived a Letter of  Counseling. 

Copiea of  the documents to be foswarded to the eeparation authority in support 
of  this recommendation are attached.  The commander exercising special court 
martial  (SPCM) jurisdiction or a higher authority will decide whether you will 
be discharged or retained in the Air Force and, i f   you are discharged, how 
your service will be characterized.  If you are discharged, you will be 
ineligible far reenlistment in the Air Force. 

AMC-GLOBAL REACH FOR AMERICA 

3 .   You have the right to consult counsel,  Military  legal  counsel has been 
obtained  to assist you.  I have  made  an appointment  for you to conault 
------------ 
Captain : - - - - - - - - - - - 
civilian couneel  at our own expense. 

:at bldR  524, on  17 Jul 82 at  140Q hours.  You may  consult 

4.  You have  the right to aubmit  statements in your own behalf.  Any 
statements you want  the separation authority  to consider mugt  peach me by 
21  Jul Q2 unless you request and  receive and extension  for good  cause shown 
I will  send  them 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 
USAF  Clinic, McChord  AFB WA on 20 Jul 82 at  1745 and  1139 houre  for the 
examination. 

7 .   Any  p e ~ s o n a l  information you  furnish  in rebuttal  is covered by  the Privacy 
Act  Statement as explained  in  AFR 39-10  is available for your use  in  the 
O r d e ~ l  y Room. 

8.  Execute  the attached acknowledgment and  r e t u ~ n  it  to me  immediately. 
.............................................. 

------------------ 
Co-nder 

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16 Atch 
1 .   LOR, 01 Jul  82 
2.  MFR,  3 0  Jun Q2 
3.  MFR,  24 Jun 92 
4.  LOC,  23 Jun 92 (w/2 Atch) 

a.  QC Eval, 23 Jun 92 
b.  SPOT ltr,  17  Mar  02 
5 .   MFR Overview, 25 May  92 
6.  LOC, 25 May  Q2 
7.  LOC, 24 May  Q2 
8.  WR, 31 May  92 
Q.  MFR,  1Q b y  82 
10.  LOC, 19 May  82 
11.  MFR,  0 8  May  02 
12.  MFR,  B7  May  82 
13.  LOC, 30 Apr  Q2 
14.  MFR,  21 A ~ P  92 
15.  MFR, 21 Apr  92 
1 
LOR, 04 Apr  92