dvise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

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

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

SECRETARY  OF THE AIR FORCE  PERSONNEL COIINCII. 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING,3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will he used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00115 

GENERAL: The applicant appeals for upgrade of discharge to honorable. 

The applicant appeared and testified before the Discharge Review Board (DRB) without counsel via video teleconference between 
Andrews AFB, MD and Robins AFB, GA on  13 June 2007. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: Letters of Reference (8) 

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 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 1.  The applicant's  principal contention is that he should receive the (3.1 Bill benefits, citing his pursuit of a college 
education, the support he is providing for his four children, his full-time night shift employment, and outstanding citizenship.  The 
records indicated the applicant received two Articles  15, two Letters of Reprimand, two Letters of Counseling, and five Records of 
Individual Counseling for a pattern of misconduct.  The Board was sympathetic with the likely adverse economic impact that the 
loss of G.1. Bill benefits has upon the applicant's  ability to find his education and to provide for his family; but determined that 
none of these are matters of inequity or impropriety in his case that would warrant an upgrade. 

Issue 2.  The DRB considered the contributory effect of the applicant's  monthly financial support reportedly  provided for 
treatment of his daughter's asthma on the civilian economy, upon his inability to meet other financial obligations on his limited 
income  However, the DRB determined that the applicant had full access to helpful resources, such as financial management 
counseling and the Air Force Assistance Fund, as a remedy to his recurring financial irresponsibility. 

Issue 3.  The applicant also implicitly contends that he was young and immature at the time he committed his offenses, citing that 
he has "learned  [his] lesson"  since his discharge.  The DRB recognized that the applicant was 23 years of age when the discharge 
took place.  However, the DRB noted that the applicant was within the same age group of the vast majority of first-term members 
who properly adhere to Air Force standards of conduct.  The DRB concluded that the applicant's  pattern of misconduct is not 
mitigated by his age or perceived immaturity at the time the offenses were committed. 

Issue 4.  The applicant contended, during testimony, that he was singled out due to his race, in the processing of at least one of his 
disciplinary actions; specifically his "reluctance"  to cany out a reportedly self-incriminating  order from his supervisor.  However, 
the DRB found no evidence, such as Inspector General reports or documents from an alternative investigative body, to substantiate 
an inequity or impropriety occurred due to a racial or cultural bias. 

Issue 5.  The DRB also acknowledged that the applicant received treatment for depression during calendar year 2001 and again 
near the time of his discharge in 2002, particularly as it may have impacted his duty performance.  However, the DRB found no 
causal or mitigating relat~onship between the applicant's depression and the offenses he committed. 

Issue 6 .  'She DRB considered the applicant's "outstanding  citizenship" since leaving military service and was pleased to see that 
he was doing well as the owner-operator of a retail apparel business, "Bubblegum  and Grits."  However, the DRB determined that 
the applicant's  post-service  accomplishments are overshadowed by the numerous infractions that characterize his military service. 

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 fill 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 

ANDFWWS AFB, MD 

FD2006-00115A 

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

i  (Former SRA) (HGH SRA)  (REHEARING) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a Gen Disch fr F.E. Warren 
AFB, WY on 25 Nov 02. UP AFI 36-3208, para 5.50.2  (Pattern of 
Misconduct - Conduct Prejudicial to Good Order and Discipline). 
Appeals for Honorable Discharge, and to the Reason and Authority 
for Discharge. 

2.  OTHER FACTS: 

a.  See attached cy of Examiner's  Brief dtd 22 Aug 03. 

b.  The AFDRB reviewed case on 20 Nov 03  (non-appearance w/o 
counsel) &  concluded applicant's  discharge should not be changed. 

3.  BASIS ADVANCED FOR REHEARING:  Appl  (DD Fm 293) dtd 01 Mar 
OG.(Change Discharge to Honorable &  Change the Reason and 
Authority for Discharge) 

Issues:  I a m  attending college at Troy University, AL and 
desperately need my G.I. Bill I paid for.  I am providing support 
for my four children, working night shift from 1 pm. To 10 pm 
five days a week and have been an outstanding citizen since I 
left the Air Force.  My conduct has improved enormously.  I a m  
receiving A1.s &  B's  (sic) in college &  my mind is gaining 
knowledge every class session.  I have felt what a General 
discharge can cause, such as no unemployment, no G.I. Bill, +  no 
military assistance.  It's  been four years since my discharge and 
I have learned my lesson.  I just want my degree because I owe 
that to my children, my mother, &  my self.  Please consider my 
apology for my past.  Thank you for taking time out to hear my 
plea ! 

Atch 

None. 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DXSCHARQE REVIEW BOARD 

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

ANDREWS AFB,  MD 

(Former SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 25 Nov 02 UP AFI 36- 
3208, para 5.50.2 (Misconduct -  A Pattern of Misconduct).  Appeals for Honorable 
Disch. 

2.  BACKGROUND : 

a. DOB: 28 May 79.  Enlmt Age: 19 2/12.  Disch Age: 23 5/12. Educ: HS DIPL. 
AFQT: N / A .   A-82,  E-42,  G-41,  M-18. PAFSC: 3E131 -  Heating Ventilation, AC and 
Refrigeration Apprentice. DAS: 29 Jul 99. 

b.  Prior Sv: (1) AFRes 18 Aug 98 -  2 Dec 98  (3 Months 15 Days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enld as A1C  3 Dec 98 for 6 yrs. Svd: 3 Yrs 11 Mos 23 Das, all AMS. 

b.  Grade Status:  SFUi -  3 Apr 01 

c.  Time Lost:  None. 

I 
1 

I 

d.  Art  15's:  (1) 4 Sep 02, F. E. Warren AFB, WY  -  Article 134.  You, 

did, on or about 24 Jul 02, make and utter to Bank of 
America a certain check, in words and figures, to wit: 
$145.86, one hundred forty five dolars and eighty six 
cents, in payment of a debt, and did thereafter 
dishonorably fail to maintain sufficient funds in the 
Warren Federal Credit Union for payment of such check in 
full upon its presentment for payment.  Suspended 
reduction to AlC, and 15 days extra duty.  (No appeal) 
(No mitigation) 

(2) 10 Oct 01, F. E. Warren AFB, WY -  Article 92.  You, who 
knew of your dut'ies, on or about 9 Sep 01, were derelict 
in the performance of those duties in that you willfully 
failed to refrain from tampering or altering your 
temporary license plates to extend validity, as it was 
your duty to do.  Suspended reduction to AlC, 30 days 
restriction, and 30 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: LOC, 26 SEP 02 -  Failure to obey a lawful order. 

LOR, 30 NOV 01 -  Financial irresponsibility. 
LOR, 16 AUG 01 -  Financial irresponsibility. 
LOC, 12 APR 01 -  Late for work. 
RIC,  15 MAR 01 -  Late for formation. 

R I C ,   23  J U N   0 0   -  Taking an u n a u t h o r i z e d   b r e a k .  
RIC, 2 2   JUN 0 0   -  Taking  a n   u n a u t h o r i z e d   b r e a k   and  s l e e p i n g  

on  d u t y .  

R I C ,   2 2 .  FEB  0 0   -  L a t e   f o r   work. 
RIC,  05  SEP  99  -  L a t e   f o r   work. 
TKAFFIC  TICKET,  25  AUG  99 -  Speeding. 

f .  CM:  None. 

g .   Record  of  S V :   3  Dec  98  -  2  Aug  0 0   F .   E .   Warren  AFB 
3  Aug  00  -  2  Aug  01  F .   E .   Warren  AFB 

4 
2 

( I n i t i a l )  
(Annual  R E F )  

(Discharged  from  F .   E, Warren  AFB) 

h .   Awards  &  Decs:  AFTR,  NDSM,  CEB. 

i .   S t m t o f   Sv:  TMS: 
TAMS: 

(8) Das 
( 4 )   Y r s  
( 3 )   Y r s   (11) Mos  ( 2 3 )   D a s  

( 3 )   Mos 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293)  d t d   7  Jul 03. 

(Change  Discharge  t o  Honorable) 

NO  ISSUES  SUBMITTED 

ATCH 
None. 

2 2   Aug  0 3 / c r  

DEPARTMENT OF THF, AIR FORCE 

9OTH SPACE WING (AFSPC) 

MEMORANDUM FOR SrA i 

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

FROM:  90 CES/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct.  The authority for this action is AFPD 36-32 and AFT  36-3208, paragraph 5.50.2, 
If my recommendation is approved, your service will be characterized as honorable or under 
honorable conditions (general).  I am recommending that yaur service be characterized as under 
honorable conditions (general). 

2.  My reasons for this action arc: 

a.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 5 Sep 99, did fail 

to go to your appointed place of duty at the scheduled time (late for work). For this misconduct 
you received a Record of Counseling (ROC), dated 5 Sep 99, 

b.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 22 Feb 00, did 

fail to go to your appointed place of duty at the scheduled time (late for work).  For this 
misconduct you received an ROC, dated 22 Feb 00. 

c.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 20 Jun 00, were 

derelict in your duty (taking an unscheduled break and sleeping on duty).  For this misconduct 
you received an ROC, dated 22 Jun 00. 

d.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 23 Jun 00, were 
derelict in your duty (taking an unscheduled break).  For this misconduct you received an ROC, 
dated 23 Jun 00. 

e.  You, at or near Francis E. Wmen Air Force Base, Wyoming, on or about 15 Mar 01, did 
fail to go to your appointed place of duty at the scheduled time (Readiness formation).  For this 
misconduct you received an ROC, dated 15 Mar 01. 

f.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 12 Apx 01, did 

fail to go to your appointed place of duty at the scheduled time (late for work).  For this 
misconduct, you received a Letter of Counseling (LOC), dated 12 Apr 01. 

g.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 16 Jul 01 did 

fail to pay your debts.  For this misconduct you received a Letter of Reprimand (LOR), 
dated 16 Aug 01. 

h.  You, who knew of your duties at Francis E. Warren Air Force Base, Wyoming, on or about 

9 Sep 01, were derelict in the performance of those duties in that you willfully failed to refrain 
from tampering or altering your temporary license plates to extend validity, as it was your duty 
to do.  For violation of UCMJ Article 92, you received an Article 15, dated10 Oct 01. 

i.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 27 Nov 01, did 
fail to pay your debts.  For violation of Article 134 of the UCMJ, you received an LOR, dated 
30 Nov 01. 

j, You, did, at or near Cheyenne, Wyoming, on or about 24 July 02, make and utter to Bank 
of America a certain check, in words and figures as follows, to wit:  $145.86, one hundred forty 
five dollars and eighty six cents, in payment of a debt, and did thereafter dishonorably fail to 
maintain sufficient funds in the Warren Federal Credit Union for payment of such check in full 
upon its presentment for payment,  For violation of UCMJ Article 134, you received an 
Article 15, dated 4 Sep 02, 

k.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 25 Sep 02, did 
fail to obey a lawful order and report to the HVAC shop.  For this misconduct you received an 
LOC, dated 26 Sep 02. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM 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 any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

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 with an attorney at the Area Defense Counsel's 
Ofice at Building 292, extension 3248, on  ~ B Q &  0% 
consult civilian counsel at your own expense. 

.  You may 

at 

I !ZG 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays after receipt of the 
notification memorandum, that date being 310 uriless you request and 
receive an extension for good cause shown. I will send any statements you submit to the 
separation authority for his consideration, 

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

7.  You have been scheduled for a medical examination.  You must report to Physical Exams at 
0730 hours, on  7,9  O c+  0 2  

for the examination. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy o f  AFI 36-3208 is available for your use in your Command Support Staff office. 

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

.------------------------------------------.----------, 

Commander, 90th Civil Engineering Squadron 

Attachments: 
1.  ROC, dated 5 Sep 99 
2.  ROC, dated 22 Feb 00 
3.  ROC, dated 22 Jun 00 
4.  ROC, dated 23 Jun 00 
5. ROC, dated 15 Mar 0 1 
6.  LOC, dated 12 Apr 0 1 
7.  LOR,  dated 16 Aug 01 
8.  Article 15, dated 10 Oct 0 1 
9. LOR, dated 30 Nov 0 1 
10. Article 15, dated 4 Sep 02 
1 1.  LOC; dated 26 Sep 02 
12.  Other derogatory data not listed in the Notification Memorandum:  h e d  Forces Traffic 
Ticket, dated 25 Aug 99.