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1  NAME OF SERVICE MEMBER(I.AS.I',  1;IHS.I. M1I)I)I.I~: INI'I.lAI,) 

AIR FORCE DISCHARGE REVIEW BOARD IiEARING RECORD 

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GRADE 

1  AIC 

I  YPE  C;EN 

CoUWEjEL 

VFS 

No 

X 

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PERSONAL APPEARANCE 

RECORD REVIEW 

NAhlL. OF COLINSEL AND OR ORGANIZATION 

ADDRESS AND OR ORCANIZA I ION OF  COllNFFl 

MEMBER SITTING 

VOTE OF THE BOARD 

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ISSUES 

A95.00 
A01 .OO 

INDEX NUMBER 

A67.90 

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EXHIBITS SUBMITTED '1'0 'I'HE BOARD 

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ORDER APPOINTING; '1'1  Ik HOARD 
APPLICATION  TOR RCVIPW OF DISCHARGC 
LETTER O T  NOI'IEI('A  1 ION 
BRlEr O r  PCRSONNbI  F1I.E 
COUNSEl 'S RFLEASE TO  IHL BOARD 
ADD1 I'IONAL EXIIIRTTS SIJBMITTCI)  A I  TTMF OF 
PtllSONAI  APPEARANCE 

TAPE RECORDING  O F  I'ERSONAL  APPEAKANCb  I  IE 

-- 

CASF NIIMRER 

Case heard in  Washington,  D.C. 

i  Advise applicant of the decision of the Board, the right to a personal appearancc withlwithout counsel, and the right to submit an 

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

SAFIMRBR 
550 c S T R ~  I,T WI s r, SUII I  40 
RANDOLPH AFB, TX 78150-4742 

PROM 

SECRETARY OFTHk  AIR  kOR(k.  PERSONNEL COC'NLII 
AIR FORCE DIZCHARGk  HCVlkW  HOARD 
1535 COMMAND DR. kt WING.JRD FLOOR 
ANDREWS AkH, MI) 2Ul62-I002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REV l EW BOARD DECISIONAL RATIONALE 

CASE NLIMHRH 

FD-2006-0O1 92 

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. 

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

FINDINGS:  Upgrade of discharge is dcnicd. 

The Board finds the applicant submitted no issues coiltestiilg the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify a change of 
discharge. 

ISSUE: 

Issue 1.  The applicant submitted no issues contesting the equity or propriety of his discharge and requested 
the review be complctcd bascd on the available service record.  I lc expressed his desirc for upgrade to 
receive his education benefits.  The B o d  reviewed the cntirc record and fo~md no evidence of impropriety 
or inequity in this case on which to base an upgrade of discharge.  The records indicated the applicailt 
received an Article  15 and two Letters of Reprimand for misconduct.  Applicant received an Article  15 for 
failure to pay his monthly government travel card in full; receiving a lawful order to immediately remove 
pets from his base housing unit and wrongfully maintained one pet, a Rottweiler dog.  He was punished with 
a reduction in grade to Airman First Class and a reprimand.  Tle was administratively disciplined for 
disobeying threc written ordcrs, making a false statement, failure to go, failure to control his pets, and failure 
to keep government quarters adequately cleaned.  'I'he DRB opined that through these administrative actions, 
the applicant had ample opport~~nities 
to change his negative behavior.  The Board concluded the misconduct 
was a significant departure from conduct expcctcd of all military members.  'I'he  characterization of the 
discharge received by the applicant was found to be appropriatc. 

Issue 2.  The applicant cited his desire to receive [he G.I. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applicd for these benefits, he signed a statement (DD Form 2366, on 
August  19, 1993) that he understood  he must receive an Honorable discharge to receive future educational 
entitlements.  'I'hc  Board was sympathetic to the iinpact the loss o l  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 

I4NDREWS  AFB, MD 

(Former AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Langley AFB, VA on 14 
May 99 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Mar 74.  Enlmt Age: 18 9/12.  Disch Age: 25 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-40,  E-53,  G-44,  M-60. PAFSC: 2A651A - Aerospace Propulsion Jet 
Engine Journeyman. DAS: 14 Aug 98. 

b.  Prior Sv: (1) AFRes 8 Dec 92 -  9 Aug  93  ( 8   months 2 days) (Inactive) . 

00 days, all AMS.  AMN  -  10 Feb 94.  A1C -  10 Dec 94.  SrA -  10 Aug 96.  EPRs: 
4 , 5 .  

(2) Enlisted as AB 10 Aug 93 for 4 yrs.  Svd: 3 yrs 4 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 10 Dec 96 for 4 yrs. Svd: 02 Yrs 05 Mo 05 Das, a11 

AMS . 

b.  Grade Status:  A1C -  3 Mar 99 (Article 15, 3 Mar 99) 

c.  Time Lost:  None. 

d:  Art 15's:  (1) 3 Mar 99, Langley AFB, VA -  Article 92.  You did, at or 
near Mildenhall AFB, UK and at or near Langley AFB, VA, 
between on or about 26 Feb 98 and on or about 8 Feb 99, 
fail to obey a lawful general regulation, to wit: 
paragraph 4, AFI 65-104, Government Travel Charge Card 
Program, dated 1 May 96, by not paying in full the 
amount billed upon receipt of your monthly Government 
American Express Card Statement =---Y?~~,--~~y~;g--kfi~wledge 
of a lawful order issued by Col :---------------------------:I) 
25 Nov 98 to immediately remove your pets from base 
housing, an order which it was your duty to obey, did, 
between on or about 4 Dec 98 and on or about 25 Jan 99, 
fail to obey the same by not removing your pets from 
base housing and wrongfully maintaining one of the pets, 
a Rottweiler dog, in your home.  Reduction to AlC, and a 
reprimand. (Appeal/Denied) (No mitigation) 

'  dated 

e.  Additional: LOR/UIF, 13 DEC 98 -  Disobeying three written orders, 

making a false statement and failure 
to go. 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 1 ST FIGHTER WING 

LANGLEY AIR FORCE BASE 

29  APR 99 

FROM:  1 CRSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for a pattern of 
misconduct, conduct prejudicial'to good order and discipline,  The authority for this action is 
AFPD 36-32 and MI 36-3208, Chapter 5, Section H, Paragraph 5.50.2.  If my recommendation 
is approved, your sexvice will be characterized with either an honorable or under honorable 
conditions (general) discharge.  I am recommending that your service be characterized as under 
honorable conditions (general). 

2.  My reasons for this action are: 

a.  Between on or about 26 Feb 98 and on or about 8 Feb 99, at or near Mildenhall Air Base, 

United Kingdom and at or near Langley Air Force Base, Virginia, you failed to obey a lawful 
general regulation by not paying in full the amount billed upon receipt of your monthly 
Government American Express Card statement. 

b.  Between on or about 4 Dec 98 and on or about 25 Jan 99, 

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

at Langley 

--  ------- Air Force Base, 

Virginia, you failed to obey a lawful order issued by Colonel! - - - - - - - - - - - - - - - - - - - - - - - I  
98 to immediately remove your pets fiom base housing.  For this misconduct and the 
misconduct listed in paragraph 2.a., you received nonjudicial punishment dated 3 Mar 99 
consisting of reduction to the grade of A1 C and a reprimand. 

!dated 25 Nov 

c.  On 14 Dec 98, you received a letter of reprimand for disobeying three written orders and 
making a false official statement.  Specifically, on 25 Sep 98, you told your first sergeant that 
you had complied with his written order to remove all but two pets from your base housing, 
when in fact you had three dogs in your on-base home.  On 5 Nov 98, you failed to obey your 
first sergeant's written order to bring your most recent LES to the Personal Financial 
Management Program counselor.  On 9 Nov 98, you also failed to obey your first sergeant's 
written order to attend your appointment at York County Child Protective Services. 

d.  On 12 Nov 98, you received a letter of reprimand for failing to control your pets in base 

housing and failing to keep your government quarters adequately cleaned. 

Copies of the documents to support this recommendation are attached and will be forwarded to 
the separation authority.  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. 

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

hours on 
1999.  You may consult civilian c o w l  at your own expense. 

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 consult Captain; .......................  !, Jr., Area 
Defense Counsel, 54 Willow Street, Bldg 147, Ext 5607 at 
27 
4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  5 M 
and receive an extension for good cause shown.  I 

1999 unless you request 
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 the 1st Medical 
Group, Physical Exam Section at  1 1 0 0   hours on  dO( Am  r  1 
additional examination will be scheduled if necessary. 

1999 and an 

7.  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 unit orderly room. 

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

i -  -....-..- .-..  ..-..-..-..-. ..-..-. .-.. ..-.. 
Commander, P Component Repar Squadron 

Attachments: 
1.  Evidence 
2.  Receipt of Notification Memorandum