AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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I  GRADE 
AMN 

1  AFSNISSAN 
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c...............: 

NAME O F  SERVlClC MEMBER (LAST, FIRST MIDDLE INII'IAI.) 
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C-.-..-..-..-..-..-----' 

TYPE  GEN 

PERSONAL APPEARANCE 

~ d u d f i ~ ~  

NAME 01. LOUNSEL AND OR ORGANIZATION 

YES 

No 

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ISSUES 

A94.05 
A93.21 

INVLX NllMHhH 

A67.10 

IlFARlNG  DATE 

CASO NllMBLK 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANILAI ION Of  COuNSEI 

X 

X 

X 

1 
2 
3 
4 

&&@IBl'I8 SIJBMITTED TO THE BOAW 

ORDFR APPOIN I  ING  1 HE BOARD 

APPLICATION FOR KtVIl-W  O t  DISCHARGE 
LETTER OF NOTIFlCAI ION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  ELCAST: TO '1'1 I t, HOAKU 
ADDI'I'IONAI  kXHlBITS SIJBMITTED AT 1 IMb O b  
PERSONAL APPCARANCI- 

TAPE RECORDING 01'  P1:RbONAI  AI'PEARANCE  HE 

10 May 2007 
XPPI.ICANT  S ISSUE ANU THh BOARD'> DELISIOVAL  R M T I O N A I $ ~  OISCGSSED ON THE ATTACHED AIR FORCE DISCHARGE REVlEW BOARD DECISIONAI. RATlOh ALE 

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I  FD-2006-00173 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witl~/witllout counsel, and the right to subrnit an 
application to the AFBCMR. 
1  Names and votes will be made available to the applicant at the applicant's request. 

550 C STREET WEST. SUI'T'b. 40 
 
RANDOLPH AFB.  TX 781 50-4742 

. ~ -

1 

AFHQ FOKM 0-2077, JAN 00 

SECRETARY OF THE AIR  FORCE PERSONNEL  COUNCIL 
AIR  FORCE DISCHAKGE REVIEW BOARD 
1535 COMMAND DR. EE WING.3HD  FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

(EF-V2) 

Previous edition will be uscd 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-fl0173 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

'lhe 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: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
He contends his discharge was due to ineffective medicine prescribed to him for ADHD and the doctor's 
to put him on more effective medicine.  'lhc applicant felt that if his medications were changed, he 
ref~~sal 
would still be in the Air Force.  The records indicated the applicant received an Article  15, five Letters of 
Reprimand, and three Records of Individual Counseling for misconduct.  The applicant received an Article 
15 for lailure to go to his appointed place of duty and for being derelict in the performance o r  duties for 
failing to turn in his rags and a controlled tool at the end of his shift.  He was punished with a reduction in 
grade to Airman and twenty days of extra duty.  The applicant had additional misconduct and was 
adniinistrativcly disciplined for being late lor duty, violating safety standards and lying to his supervisor, 
reporting to work in an extremely dirty uniform, poor personal hygiene, failure to go on two separate 
occasions, dereliction of duty by not using technical orders to perform duties, making a false official 
statement and disobeying a direct order.  The DREI  opined that although the applicant was being treated for 
ADHD, it did not impair his ability to know right from wrong or ability to choose the right.  The I3RB 
further opined that through these administrative actions, the applicant had an~ple opportunities to change his 
negativc behavior.  The Board concluded the applicant's misconduct was a significant departure fi-om 
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 dischargc 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 h r  
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 A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Dyess AFB, TX on 19 Oct 
04 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals  for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Oct 82. Enlmt Age:  19 0/12.  Disch Age: 21 11/12. ~ d u c :  HS DIPL. 

AFQT: N/A.  A-81,  E-79,  G-80,  M-72. PAFSC: 2A632 -  Aerospace Ground Equipment 
Apprentice. DAS: 29 Sep 02. 

b.  Prior Sv:  (1) AFRes 7 Nov 01 -  4 Feb 02  (2 months 28 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 5 Feb 02 for 6 yrs. Svd: 02 Yrs 08 Mo  15 Das, all AMS. 

b.  Grade Status:  Amn -  14 Sep 04  (Article 15, 14 Sep 04) 

A1C -  22 Mar 02 

c.  Time Lost:  None. 

d.  Art  15's: 

(1) 14 Sep 04, Dyess AFB, TX -  Article  86.  You, did, on or 

about 13 Aug  04, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
7th  EMS, Dyess AFB, Texas.  Article  92.  You, who knew 
or should have known of your duties, on or about 18 Aug 
04, were derelict in the performance of those duties in 
that you willfully failed to turn in your rags, a 
controlled tool, to the production support/bench stock 
section at the end of your shift, as it was your duty to 
do.  Reduction to Airman, and 20 days extra duty. 
(Appeal/Denied) (No mitigation) 

e.  Additional: CR, 26 JUL 04 -  Repeat substandard duty performance. 

LOR/UIF, 26 JUL 04 -  Willfully violated safety standards 

and lied to supervisor. 

LOR/UIF, 20 JUL 04 -  Late for duty. 
LOR/UIF, 19 JUL 04 -  Reporting to duty in an extremely 

dirty 

uniform, poor personal hygiene, unshaven, 
and haircut out of standards. 

LOR/UIF, 7 JAN 04 -  Failure to go on two occasions. 
RIC, 14 AUG  03 -  Dereliction of duty. 
LOR, 29 JUL 03 -  Dereliction of duty, and disobeying a 

lawful order. 

RIC, 03 APR 03 -  Dereliction of duty. 
RIC, 17 DEC 02 -  Failure to comply with standards, 

disobeying a direct order, and making a 
false official statement. 

f.  CM:  None. 

g.  Record of SV: 5 Feb 02 -  4 Oct 03  Dyess AFB  2  (1nitial)REF 

h.    wards  &  Decs:  NDSM, HSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (11) Mos  (13) Das 
TAMS:  (02) Yrs  (08) Mos  (15) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 30 Apr  06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 

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APPLICATION FOR T HE R M E W  OF DISCHARGE 

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PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553; E.O.  9397. 
PRINCIPAL WRPOSE18):  To apply for a chmgl in the characterization or reason fw military &&age 
wunw USE~S): NW. 
DISCLOMIRE:  Voluntary; howwa, failure to  provide W)ymng information may impeds p r m n g  of this applkarion.  The request for 
Social Security Nuhmr h mictly to aswm proper IQenIification of the individual and appmprbte nwords. 
1.  AWUCANT DATA  flh pwen whose dioehwge k to be revbwcdl.  PCEASE PWNT OR  TYPE INFMIMAllON. 
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DD FORM 283. MAR 2004 

PREVIOUS EDITIONS ARE OBSOLETE. 

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CASE NUMBER 

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73 

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To AFDRB 

March  19,2006 

taken off of it during my junior year in 

' that I had been on Ritalin prior and that it had helped 

I believe that my discharge was wrongful due to factors out of my control.  I had been 
on Ritalin prior to my service, bu;  had 
high school by my physician, Dr.; .. ... ..... ..$  ' as it was deemed I no longer needed it, 
I finished high school with no problems.  I then entered the Air Force, and passed 
through basic training and tech school with no problems.  However, at my first duty 
station, I noticed my ~~mcptration lacking and went to life skills.  I mentioned to my 
military doctor, PAL - - - - - - - -; 
me.  However, he prescribed Welbutrin for me instead.  After having tried it for 
several months with no noticeable effects, I went back to him and requested to be 
switched to Ritalin, due to there having been proof of it working before.  He then told 
me that he wanted to keep me on Welbutrin for a while longer.  The Welbutrin 
continued to produce no beneficial effects, allowing my concentration to slip further, 
leading up to my discharge.  I have currently held a job at Wal-Mart for over a year 
and a half now, and am working out fine,  I have plans to pursue a college education 
and am saving money for that purpose, and I would like the use of the GI Bill to assist 
me.  I believe that had I been put on Ritalin earlier, I would still be a productive 
member of the armed forces. 

DEPARTMENT OF THE AIR FORCE 

H WQUARTERS 7TH BOMB WlNG 
D Y E S  AIR FORCE BASE, TEXAS 

FROM:  7 EMSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct, minor disciplinary infractions. The authority for this action is AFPD 36-32 and AFI 
36-3208, Chapter 5, section H, paragraph 5.49.  If your discharge 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: 

I - - - - - - - - - -  :in that you filed to get your hair cut before reporting for duty.  You 

a.  You were, on 16 Dec 02, derelict in the performance of your duties in that fail to get your 
hair cut before reporting for duty.  You did, on 17 Dec 02, fail to obey a lawful order given to 
You by SSgt - - - - - - - - -, 
were, on 17 Dec 02, derelict in the performance of your duties in that you were not wearing 
. --------. 
your reflective belt.  You did, on 17 Dec 02, make a false official statement to SSgt :_. . . .; 
...-.- .... , 
were counseled, as evidenced by AF Form 174, dated 17 Dtc 02. 

ithat you did get your haircut.  Fox this misconduct you 

: in that you told SSgt: ---- -- --- 

I - - - - - - - - - -  

I - - - - - - -  

b.  You were, on 1 Apr 03, derelict in the performance of your duties in that you did not use 
technical data while performing maintenance on a B-1 maintenance stand tow bar, for which 
you were counseled, as evidenced by AF Fom 174, dated 3 Apr 03. 

c.  You were, on 25 Jul03, derelict in the performance of your duties in that you failed to use 
technical orders and you disregarded procedures in the unit work cards while performing 
periodic inspection actions on a liquid oxygen servicing cart.  You were, on 29 Jul03, 
derelict in the performance of your duties in that you did not use technical orders or work 
cards while performing a 180 day inspection on a B- 1 maintenance stand.  For this 
misconduct you were reprimanded, as evidenced by LOR, dated 29 Jul03. 

d.  You were, on 14 Aug 03, derelict in the performance of your duties in that you failed to 
properly maintain control of five rags and the rag bag as it was your duty to do, for which you 
were counseled, as evidenced by AF Form 1 74, dated 14 Aug 03. 

e.  You did, on 30 Dec 03, without authority, fail to go to a scheduled dental appointment. 
You did, on 3 1 Dec 03, without authority, fail to go to a scheduled Life Skills medical 
appointment.  For this misconduct you were reprimanded and an unfavorable infonnation file 
was established, as evidenced by LOR,  dated 7 Jan 04, and AF Form 1058, dated 2 Feb 04. 

f.  You did, on 16 Jul04, report for duty in a dirty uniform, you were unshaven, and you 
needed a haircut, for which you were reprimanded, as evidenced by LOR, dated 19 Jul04. 
The LOR was placed in your existing unfavorable information file, as evidenced by AF Form 
1058, dated 2 Aug 04. 

g.  You did, on 20 Jul04, without authority, report late for duty, for which you were 
reprimanded, as evidenced by LOR, dated 20 Jul04.  The LOR was placed ia your existing 
unfavorable infonnation file, as evidenced by AF Form  1058, dated 2 Aug 04. 

h.  You were, on 21 JulO4, derelict in the performance of your duties in that you failed to 
wear proper hearing protection while operating a H-1 hater, for which you were 
reprimauded, as evidenced by LOR, dated 26 Jul04.  The LOR was placed in your existing 
uafavorable information file, as evidenced by AF Form 1058, dated 2 Aug 04. 

i.  You did, on 13 Aug 04, without authority, report late for duty.  You were, on 18 Aug 04, 
derelict in the performance of your duties in that you willfully failed to tum in your tags to 
the production supportbench stock d o n  at the end of your shift.  For this misconduct you 
received Article 15 punishment, as evidenced by AF Form 3070, dated 14 Sep 04. 

3.  Copies of the documents to support this recommendation are attached and will be forwarded 
to the separation authority.  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 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 Captl- --- --- --- -  ; Area Defense Couasel, 
397 3rd St, Bldg 7235, Dyess AFB, TX, DSN 461-4233 on  $&YO L/ 
You may consult civilian counsel at your own expense. 

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

at  0 9 ~ 0  . 

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 0800 hours on 8 Oct 04 unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

6.  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. 

7.  You have been scheduled for a medical examination.  You must report to 7th Medical 
Group Hospital, 697 Hospital Rd, Dyess AFB, TX, on 4 Oct 04 at 1320 hours. You will need 
to report 15 minutes early for this appointment. 

8.  Any personal infodon 
copy of AFl36-3208 is available for your use in the unit orderly room. 

you furnish in rebuttal is covered by the Privacy Act of 1974.  A 

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

i 
.--- 
~&mmander, 7 EMS 

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Attachments: 
1.  Receipt of Notification Memorandum 
2.  AF Form 174, dated 17 Dec 02 
3. AF Form 174, dated 3 Apr 03 
4.  LOR, dated 29 Jul03 wIRebutta1 
5.  AF Form 1 74, dated 14 Aug 03 
6.  LOR, dated 7 Jan 04 w/Responst 
7.  Dental Appointment No Shows 
8.  MedicaVDental Appointment Slip 
9.  AF Form 1058, dated 2 Feb 04 
10. LOR,  dated 19 Jul04 
1 1. LOR, dated 20 Jut 04 wRebutt.1 
12. LOR, dated 26 Jul04 w/Rebuttal 
13. AF Form 1058, dated 2 Aug 04 
14. AF Form 3070, dated 14 Sep 04 w/Rcsponse 
1 5. Sworn Statements h m  SSgti 

- - - - - - - - - - - , 
... ... .. ...:  ; and SSgtl-- --- --- --- --- -mi 

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

9 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS TIXI BOMB WING 

DYESS AIR FORCE BASE TX 

MEMORANDUM FOR 7 BW/CC 

FROM: 7 BW/JA 

1. I have reviewed the attached fiIe pertaining to Am& - - - - - - - - - I  
support his discharge under AFI 36-3208, paragraph 5.49, Minor Disciplinary Znfjractions. 

:and find it legally sufficient to 

- - - - - - - - '  

2.  PERSONAL DATA:  ~ m n ! - - - - - - - - -  
currently assigned to the 7th Equipment Maintenance Squadron as an Aerospace Ground 
Equipment Apprentice (2A632).  His TAFMSD is 5 Feb 02, and he began his 6-year enlistment 
on 5 Feb 02.  His duty performance rating on the EPR he has d v e d  to date is an overall 7." 

--------- i is 2 1 years old, single, and has no dependants. He is 

3.  BASIS FOR ACTION: 

I - - - - - - - - -  

needing a haircut. ---------- 

He did, on 17 Dec 02, fail to obey a lawful order given 

: in that Amti.. . -. -. . l failed to get his hair cut befom reporting for 

He knowingly made a false official statement to SSgt; .-.-. .. .- :in that when 

a.  Amn: --------- i was, on 16 Dec 02, derelict in the perfoqance of his duties in that he 
reported for duty .--------- 
to him by SSgtl ......... 
duty. .-.-..-.-. 
SSgtl-.-. .-.-_ 
his hair cut, a statement that was totally false.  He was, on 17 Dec 02, derelict in the 
performance of his duties in that he failed to wear his reflective belt during the hours of 
reduced visibility as it was his duty to do.  For this misconduct he was counseled, as 
evidenced by AF Form 174, dated 27 Dec 02. 

!asked him why he did not get his hair cut he told SSgtl-. .. .-. ..:that  he did get 

, - - - - - - - - - , 

. - - - - - - - - - , 

b.  He was, on 1  Apr 03, derelict in the performance of his duties in that he did not use 
technical data while perfonning maintenance on a B-1 maintenance stand tow bar, for which 
he was counseled, as evidenced by AF Form 174, dated 3 Apr 03. 

c.  He was, on 25 Jul03, derelict in the performance of his duties in that he failed to use 
technical orders and he disregarded procedures in the unit work cards while performing 
periodic inspection actions on a liquid oxygen servicing cart.  He was, on 29 Jul03, derelict 
in the performance of his duties in that he did not use technical orders or work cards while 
performing a 180-day inspection on a B-1 maintenance stand.  For this misconduct he was 
reprimanded, as evidenced by LOR, dated 29 Jul03. 

d.  He was, on 14 Aug 03, derelict in the performance of his duties in that he failed to 
properly maintain control of five rags and the rag bag as it was his duty to do, for which he 
was counseled, as evidenced by AF Form 1 74, dated 14 Aug 03. 

e.  He did, on 30 Dec 03, without authority, fail to go to a scheduled dental appointment.  He 
did, on 3 1 Dec 03, without authority, fail to go to a scheduled Life Skills medical 
appointment.  For this misconduct he was reprimanded and an Unfavorable Information File 
(UIF) was established, as evidenced by LOR, dated 7 Jan 04, and AF Form 1058, dated 
2 Feb 04. 

. 

f.  He did, on 16 Jul04, report for duty in a diiy uniform, he was unshaven, and he needed a 
haircut, for which he was reprimanded, as evidenced by LOR, dated 19 Jul04.  The LOR 
was placed in his existing UIF, as evidenced by AF Form 1058, dated 2 Aug 04. 

g.  He did, on 20 Jul04, without authority, report late for duty, for which he was 
reprimanded, as evidenced by LOR, dated 20 Jul04.  The LOR was placed in his existing 
UIF, as evidenced by AF Form 1058, dated 2 Aug 04. 

h.  He was, on 21 Jul04, derelict in the performance of his duties in that he failed to wear 
proper hearing protection while operating a H- 1 heater, for which he was reprimanded, as 
evidenced by LOR, dated 26 Jul04.  The LOR was placed in his existing UP, as evidenced 
by AF Form 1058, dated 2 Aug 04. 

i.  He did, on 13 A U ~  04, without authority, report late for duty.  He was, on 18 Aug 04, 
derelict in the performance of his duties in that he willllly failed to turn in his rags to the 
production supportknch stock section at the end of his shift.  For this misconduct he 
received Article 15 punishment, as evidenced by AF Form 3070, dated 14 Sep 04. 

4,  MEMBER'S RESPONSE: Amnl-. . -. .-.!has  waived his right to submit statements regarding 
this discharge action, 

--------- 

,5. ERRORS OR IRREGULARITES: None. 

6. CHAFWCTERIZATION OF DISCHARGE: Under AFI 363208, Table 1.3, this member may 
be separated with an Under Other h Honorable Conditions discharge.  Amn ; - - - - - - - -, :would be 
entitled to have his case heard by an administrative discharge board if such a characterization were 
recommended.  After review&-all jhe relevant facts and circumstances, the squadron commander 
has recommended that Amnl- - - - - - - - irectivc an Under Honorable Conditions (General) discharge. 
A General discharge is appropriate when significant negative aspects of an airman's conduct or 
performance outweigh the positive aspects of the airman's military record.  Amn- - - - - - - - - --I record 
reflects a consistent and sustained pattern of misconduct that outweighs the positive aspects of his 
military record.  A General discharge is appropriate in this case. 

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

I - - - - - - - - -  

7.  PROBATION AM) REHA]BILITATION:  According to ZW 36-3208, Chapter 7, probation 
and rehabilitation should be offered to airmen who have demonstrated a potential to serve 
satisfactorily; who have the capacity to be rehabilitated for continued military service; and for 
those whose retention on active duty in a probationary status is consistent with the maintenance 
of good order and discigline in the Air Force.  The squadron commander has tried to 
rehabilitate ~rnni------ ; giving him the opportunity to overcome his deficiencies as required 
by AFI 36-3208, -*g$iph 
5.2.  Specifically, the commander used the following rehabilitative 
tools:  three Letters of Co~ss(ng;-five ~e#ers of Reprimand; UIF; and Article 15 punishment 
(reduction in rank).  Aim; - - - - - - - - - I continued misconduct and failure to respond to the various 
corrective efforts already taken have demonstrated neither a potential to serve satisfactorily nor 
a capacity to be rehabilitated.  Retention of this member would be inconsistent with the 
maintenance of good order and discipline in the Air Force. 

, 

8.  OPTIONS OF THE SEPARATION AUTHORITY:  Your options in this case are: 

a Retain the member in the Air  Force. 

b.  Discharge the member with a General discharge, with or without probation and 
rehabilitation. 

c.  Recommend to 12 AF/CC that the airman be separated with an Honorable discharge 
with or without probation and rehabilitation if you believe an Honorable discharge is 
appropriate. 

d.  Direct this action be initiated under administrative board proceedings if you believe only 
an Under Other Than Honorable Conditions discbarge can properly characterize Amn 
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!service. 

C-.-.-.-.-.- 

9.  RECOMMENDATION:  I recommend that vou smarate Amn L.,,,--l 
discharge, without the opportunity for probatioi and &habilitation. 

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with a General 

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Staff Judge Advocate 

Attachment 
Case File - Arnni 

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