NAME OF SERVICE  MEMBER(LAST, FIRST MIDDLE INITIAL) 

AIR  FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD 

TYPE  GEN 
,  CoWNSEL 

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] NAME OF COUNSEL ANDORORCANIZA  I ION 

PERSONAL APPEARANCE 

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ISSUtS 

A92.21 
A94.05 

INDEY NUMBER 

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A67.90 

HEARING DATE 

13 Mar 2007 

Case heard in Washington, D.C. 

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RECORD REVIEW 

ADDREZZ AND OH OHLANILATION OF COllNSEL 

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X*+ 

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EXHIBITS SIIHMII'TED TO THE BOAKU 

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2 
3 
4 

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ORDER APPOIN I  IN(.;  I  HE BOARD 
APPLICA I'ION  FOR  REVIEW 01' DISC1 IARGE 

1  LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEL FII,F, 

COUNSEL'S  WL,EASE TO THE BOARD 
ADDITIONAL  F.XI IIRITS SUBMITTED A'I  'TIME OF 
PERSONAL APPEARANCE 

I  TAPE RBCORDING  OF PERSONA1  Al'l'tARANCE  HE 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the 
right to submit an application to the AFBCMR. 

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

*  Reason and Authority 
+  Reenlistment Code 

TO- 

SAFIMKHR 
550 C S T E W  WESI'.  SUITE 40 
RANDOLPH AFB. TX 78 150-4742 

FROM. 

SECRETARY OF THE All\  FORCE PKKSONNFI. COIINCIL 
AIR F O H N  I)ISCIIARCE REVIEW BOARD 
1535COMMAND DH, EE WINC.>RD FI.OOR 
ANnREWS AFB, MD 10761-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00187 

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

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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  Applicant admits he made 
bad decisions due to immaturity.  He has expressed a desire for upgrade of his discharge to allow for 
reenlistment into the armed forces.  The records indicated the applicant received an Article  15, four Letters 
of Reprimand and a Memorandum for Record for misconduct.  Applicant received an Article  15 for failure 
to go to appointed place of duty and making a false official statement.  He was punished with a reduction in 
grade to Airman, suspended forfeiture of pay, and restriction to base for 60 days.  IIe had additional 
misconduct and was administratively disciplined for dereliction of duty, making a false official statement, 
financial irresponsibility, and missing formation.  The DRB opined that through  these administrative actions, 
the applicant had ample opportunities to change his negative behavior.  The Board concluded the 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. 

Issue 2.  The DRB was pleased to see that the applicant was doing well and continuing with his education. 
However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. 
The Board concluded the misconduct of the applicant appropriately characterized his term of service. 

Issue 3.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRR 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 
February 8, 1995) that he understood he must receive an 1.Ionorable discharge to receive future educational 
entitlements.  'The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant, but this is not a matter of 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 AMN)  (HGH  AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Grand Forks AFB, ND on 5 
Sep 97 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge, and to Change 
the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Oct 75. Enlmt Age: 19 1/12.  Disch Age: 21 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-46,  E-60,  G - 5 5 ,   M-21, PAFSC: 3V031 - Visual Information 
Apprentice. DAS: 17 Jun 95. 

b.  Prior Sv: (1) AFRes 5 DeC 94 -  25 Jan 95 (1 month 21 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 26 Jan 95 for 4 yrs. Svd: 02 Yrs 07 Mo 10 Das, all AMS, 

b.  Grade Status:  Arnn  -  8 Oct 96 (Article 15, 8 Oct 96) 

A1C -  26 Jun 96 
Arnn  -  26 Jul 95 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 Oct 96, Grand Forks AFB, ND -  Article 86.  You did, 

; an official statement, to wit: that you had a 

on or about 16 Sep 96, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: Building 533.  Article 107.  You did, on or about 
15 Sep 96, with intent to deceive, make to SrA i----------i 
----------- 
, - - - - - - - - - - - - - 
: ..... . ....I 
dental appointment at 0730 hours on 16 Sep 96 and that 
you would report to work once you were finished, which 
statement was totally false, and was then known by you 
to be so false.  Reduction to Airman.  Suspended 
forfeiture of $200.00 pay per month for 2 months. 
Restriction to Grand Forks AFB, North Dakota, for 60 
days.  (Appeal/Granted) (No appeal)  (No mitigation) 

e.  Additional: LOR, 14 JUL  97 -  Dereliction of duty. 

MFR, 10 JUL  97 -  Missed Formation. 
LOR/UIF, 30 AUG 96 -  Financial irresponsibility. 
LOR/ULF/CR, 10 FEB 96 -  Making a false official statement. 
LOR/UIF/CR, 10 FEB 96 -  Dereliction of duty. 

f.  CM:  None. 

.............................................. 
Commander, 3 19 CS 

.4""'"'"'" 

Attachments 
a.  Letter Authorizing P&R dated 18 Nov 96 
b.  Conditions of P&R Fact Sheet 
c.  LOR dated 14 Jul97 
d.  MFR dated 10 Jul97 

4  DEPARTMENT OF THE:  AIR FOR a 

HEADQUARTERS 9 1 O T H  AIR REFUELING WING (AMC) 

GRAND FORKS AIR F O R C M A S E ,  N ~ R T H  DAKOTA 

MEMORANDUM FOR AMN I -. . -. . -. . -. -. . -. . -. . -. . . . -. . -. . -. . . . -. . -. . -. .-.I 

FROM:  3 19 CSICC 

SUBJECT:  Notification Letter 

1. I am recommending your discharge from the United States Air Force for a pattern of 
misconduct prejudicial to good order and discipline. Tbe authority for this action is AFPD 36-32 
and AFI 36-3208 in accordance with paragraph 5.50.2.  If my recommendation is approved, your 
service will be characterized as honorable or general.  I am recommending that your service be 
characterized as general. 

2.  My reasons for this action are: 

a.  On or about 16 Sep 96, you failed to go at the time prescribed to your appointed place 
On or about 15 Sep 96, you made a false official statement with intent to deceive SrA 

------- 
of duty. ------------ 

: by telling him you had a dental appointment on 16 Sep 96, which was a 

:-..-..-....-..-..-A 

statement h o w n  by you to be false.  For this misconduct, you were punished under Article 15 on 
8 Oct 96.  Punishment consisted of reduction to Airman, 60 days restriction to Grand Forks AFB, 
ND, and a suspended forfeiture of $200 pay per month for two months. (Attachment A) 

b.  On or about 8 Jul96 and on or about 12 Jul 96, you made unauthorized cash advances 

on you Government American Express charge card.  For this misconduct, you received a LOR 
dated 30 Aug 96 and an Unfavorable Information File (UIF) entry was made.  (Attachment B) 

c.  On or about 4 Dec 95, you made a false official to Investigator i 

in that you 
had been assaulted.  For this misconduct, you received a LOR dated 10 Feb 96, a UIF entry was 
made, and you were placed on the Control Roster.  (Attachment C)  . 

. 

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

d.  On divers occasions between on or about 1 Jul95 and on or about 30 Sep 95, you 
attended parties where military members used marijuana and failed to report this to military 
authority. For this misconduct, you received a LOR dated 10 Feb 96, a UIF was established and 
you were placed on the Control Roster.  (Attachment D) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached,  The Commander exercising SPCM jurisdiction ox 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. 

4.  You have the right to consult counsel.  h4ili&legal 
iounsel has been obtained to assist you. 
You have been scheduled an appointment at the Office of the Area Defense Counsel at Building 
216 on  45UbV4L 
counsel at your own expense. 

hours.  You may consult civilian 

at  0 460 

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  a AJ&  V qA at 
0 ~ o B   hours 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. 

scheduled for a medical examination.  You must report to the 3 19th Medical 

v  qL at  0 7.3 D 

hours for the examination. 

8.  Deliver to me immediately your military identification card and those of your dependents.  I 
have requested that temporary identification cards be issued IAW AFI 36-3001, paragraph 4.2. 
YOU  will report to me by COB  b  0  96 
, to verify that issuance of Temporary 
Identification Card(s) has been accomplished. 

9.  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 the squadron orderly room. 

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

I -. . -. . -. . -. . -. . -. . - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - -- - - - - - - - - - - 11 
Commander, 3 19 CS 

4 Attachments: 
1.  Privacy Act Statement 
2.  Supporting Documents 

a.  Article 15 dated 8 Oct 96 
b.  LOR/UIF dated 30 Aug 96 
c.  LOR/UIF/CR dated 10 Feb 96 
d.  LOR/UIF/CR dated 10 Feb 96 

3.  Respondents Data 
4.  Personnel Data