NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
................................ 

1..-.-..-..-.-..-..-------------: 
TYPE  GEN 

X 

PERSONAL APPEARANCE 

RECORD REVIEW 

AIR FORCE DISCHARGE REVIEW BOARD 

HEARING RECORD 

GRADE 

AMN 

AFSNISSAN 

- - - - - - - - - - - - - - a  

L - - - - - - - - - - - - - l  

NAME OF COUNSEL AND OR ORCANllATlON 

ADDRESS AND OK ORtiANl7ATION OF COUNSEL 

YES 

No 

X 

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

MEMBER SITTING 

7 - 

- 

C...-..-....-..-...---------------I 

lSSUES 

AY3.33 
A93.15 

1NI)P.X NUMBER 

A67.90 

VOTE OF THE BOARD 

HON 

GEN 

UOTHC 

OTHER 

DENY 

X 

X 

X 

X 

X 

1 
2 
3 
4 

~XHIBITS SUBMITTED TO ITHE BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
I,H I'I'ER  OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAI, EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECOKDTNG OF PERSONAI.  APPEAKANCE HE 

c 

HEARING DATE 

CASE NIIhIBWR 

13 Jun 2007 
APPLICANT3 ISSUE AND THE BOARU'S DECISIONAI. RATIONAI. ARE DISCUSSED ON THE ATTAClIED AIR FORCE DISCHARGE REVIEW BOA&  DECISIONAL RATIONA1,fi 

FD-2006-00215 

Case heard in Washington, D.C. via video teleconference between Robins AFB, GA and Andrews AFB, MD. 

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

1  Names and votes will bc made available to the applicant at the applicant's rcquest. 

X - Upgrade, Rcason & Authority and RE Code 

.-..-..- -.. ..-.-..-..-.-..-..-....-..-....-..-..--.-....-..-....-..-....-..-....-..m-.-..-....-..-.... 

INDORSEMENT 

DATE:  6/14/2007 

V 

I'O: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
KANDOIJI'H  AE'B, TX 78150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIM E'ORCE DlSCllARGE  REVIEW BOARI) 
1535 COMMAND DR, EEWING,3RD n O O K  
ANDREWS AFB. MU 207b2-7001 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Prcvious edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00215 

GENERAL:  The applicant appeals for upgrade  of  discharge  to  honorable,  to  change reason  and  authority of 
discharge and change of the reenlistment code.  The applicant appeared and testified before the Discharge Review 
Board (DRB), without counsel, via video teleconference between Andrews AFB, MD and Robbins AFB, GA  on 
13 June 2007. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: Applicant's Contentions 

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 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 that his discharge did not take into account the good things he did while in the 
service.  The record indicates that the applicant received six Records of Individual Counseling, a Letter of 
Admonishment, four Letters of Reprimand and an Article  15 for misconduct.  The Board noted that  10 of the  12 
actions taken against the applicant were based on his repeated failure to report for duty in a timely manner or 
leaving his place of duty without proper authority. The Board took note of the applicant's duty performance as 
documented by his performance reports; they determined that the applicant was an average performer with 
extensive knowledge of his duties.  However, the Board opined that through the administrative actions, the 
applicant had ample opportunities to change his behavior,  The Board found the seriousness of the willful 
misconduct offset any positive aspects of the applicant's duty performance and concluded the characterization of 
the discharge was appropriate for the reasons which were the basis for this case. 

Issue 2.  Applicant also contends that he was singled out on the basis of racism within his immediate chain of 
command.  The Board found no mitigating evidence in the record or during the applicant's testimony to suggest 
an inequity was committed against him.  The applicant did state that an investigation was conducted but did not 
provide any evidence of the outcome or of its submission.  The Board found the misconduct of the applicant 
appropriately characterized his term of service. 

Issue 3.  The applicant cited his desire to receive the G.1. Bill benefits as justification  for upgrade.  The Board 
noted that when the applicant applied for these benefits, he signed a statement that he understood he must receive 
an Honorable 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. 

CONCI,USIONS:  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 

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

I

,

 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Holloman AFB, NM  on 17 
Nov 05 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge. 

a. DOB: 7 Aug  82.  Enlmt Age: 19 7/12.  Disch Age: 23 3/12. Educ: HS D I P L .  

AFQT: N/A.  A-80,  E-73,  G - 6 6 ,   M-63. PAFSC: 2A753 - Aircraft Structural 
Maintenance Journeyman. DAS: 20 Nov 02. 

b.  Prior Sv:  (1) AFRes 8 Mar 02 -  27 May 02 (2 months 20 days) (~nactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  28 May 02 for 4 yrs. Svd: 03 Yrs 05 Mo 20 Das, all AMS. 

b.  Grade Status:  A m  -  26 Sep 05  (Article 15, 26 Sep 05) 

A1C -  28 Mar 03 

c.  Time Lost:  None 

d.  Art 15's:  (1) 26  Sep 05, Holloman AFB, NM -  Article 86.  You, did, on 

or about 3 Sep 05, without authority, absent yourself 
from your unit at which you were required to be,to wit: 
4 g t h   Material Maintenance Squadron, and did remain so 
absent until on or about 3 Sep  05.  You did, on or about 
4 Sep 05, without authority, absent yourself from your 
unit at which you were required to be, to wit: 4gth 
Material Maintenance Squadron, and did remain so absent 
until on or about 4 Sep 05.  Article 92.  You, who knew 
or should have known of your duties, on or about 4 Sep 
05, were derelict in the performance of those duties in 
that you willfully failed to stay awake and perform your 
duties, as it was your duty to do.  Reduction to Airman, 
restriction to the limits of Holloman AFB, New Mexico 
for 21 days, 21 days extra duty, and a reprimand. 
(Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 02 JUN 05 -  Late for duty. 
LOR, 18 MAR 05 -  Late for duty. 
LOR, 17 MAR 05 -  Failure to go. 
RIC, 12 JAN 05 -  Missing formation and late for work. 
RIC, 27 MAY 04 -  Late for duty. 
RIC, 14 MAY 04 -  Violation of AFI 36-2903, sideburns too 

long. 

RIC, 10 MAY 04 -  Inappropriate address and phone on leave 

form. 

LOA, 06 FEB 04 -  Departing place of duty without authority, 
LOR, 16 JAN 04 -  Leaving duty early without authority. 
RIC, 08 JAN 04 -  Failure to go. 
RIC, 16 APR 03 -  Failure to go. 
EXAMINERS NOTE:  Control Roster action missing from 

discharge package, applicant refers to being placed on it.  Also the RIP 
shows he was on the control roster. 

f.  CM:  None. 

g.  Record of SV: 28 May 02 -  28 Jan 04  Holloman AFB  3  (Initial) 
29 Jan 04 -  28 Jan 05  Holloman AFB  3  (Annual) 
29 Jan 05 -  01 Oct 05  Holloman AFB  2  (CR0)REF 

h.  Awards &  Decs:  AFAM  W/1 OLC, AFOUA W/2 OLCS, NDSM, AFEM W/1 SS, ICM, 

GWOTEM, GWOTSM, AFESR W/1 OLC, AFTR. 

i.  Stmt of Sv:  TMS: (03) Yrs  (08) Mos  (10) Das 
TAMS: (03) Yrs  (05) Mos  (20) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Jun 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 .   Character Reference. 

MEMORANDUM FOR DISCHARGE REVIEW BOARD 

SUBJECT: DISCHARGE UPGRADE 

1,  On November 17,2005, I was separated from active duty in the Air Force with a 

General, Under Honorable Conditions, Discharge.  I hereby request that the 
Review Board reconsider my  discharge for upgrade.  I respecthlly request that 
my  discharge be upgraded from General to Honorable. 

2.  I enlisted in the Air Force, in Miami, Florida.  Realking that I wanted something 

more in my life.  While still in Miami, prior to enlisting I began taking college 
classes at Miami Dade Community College in pursuit of a physical therapy 
degree.  After paying my way through two years.  I was unable to afford school 
anymore.  I then made the decision to enlist in the military, specifically the 
United States Air Force, (USAF).  I decided on the Air Force for its well-known 
prestige.  With the countless education and skill building options the Air Force 
offered, I felt it would give me the edge in life that I was searching for.  I have 
always been a person to look for new challenges.  The Air Force seemed to be 
one of my greatest challenges yet.  As I began my  career in the Air Force, I was 
excited at the thought of £inally having the chance to test my  skills, abilities, in 
short myself with peers of my  own age group and at the same time firnding my 
fbture through the USAF college hnd program, (GI BILL). 

3.  I entered basic training in May 2002, where I was appointed Dorm Chief of my 
flight. I was in charge of 60 new trainees.  Never having been in charge a large 
group of people in my life it seemed impossible for me to lead 60 men. Although 
stressful in the beginnin& with guidance from my  superiors, I quickly took on the 
challenge and succeeded flawlessly with my fight.  Graduating basic training as 
Honor Flight of the 324' 
squadron commander as being an Honor Flight leader.  After graduating Grom 
Basic Training I continued on to Tech school.  Where I went through three and a 
half months of learning my trade in Aircraft Structural Maintenance.  I completed 
my training and proceeded to Hollornan AFB. 

training squadron.  I was also recognized by my 

4.  Upon arrival at Hollornan AFB, I was assigned to the Structures Flight, at 49 

MMS Bear Base.  I began by taking on the task of upgrading to a five level in my 
career field.  While in the process I was deployed to Iraq in support of Operation 
Enduring Freedom. 

While overseas I was able to accomplish my CDCs while working 14 to 18 hour 
days, and received an achievement medal for the work I helped accomplish.  After 
redmhg from Iraq, I continued my upgrading by going to the fight line and 
learning the core tasks of my true job.  I was able to learn removal and 
replacement of RAM. I also was able to work on sheet metal and other tasks the 
F-117's  needed.  After upgrading to a five level I began working towards my 
CCAF. I continued my studies, when I was given the honor to serve my country 
overseas, again. 

This time I was deployed in joint  support of Operation Iraqi Freedom and 
Operation Enduring Freedom.  As an AlC, deployed to Pakistan, one of the 
many countries I was deployed to.  I was given charge of a 20-man crew to take 
down a Big Top that was sheltering one of ourjets.  I again performed flawlessly 
in taking down a shelter in which no one at Bear Base had ever worked on,  ahead 
of schedule.  Mer completing tasks in several other countries the team and I 
returned home.  Again I was awarded another achievement medal for my  efforts 
overseas. 

After returning from my overseas duties, I was sent to tbe flight line several times 
to help the MARS shop complete their tasks on the F-117s to include an ORE and 
ON. Wbile still performing my job I continued on with my studies towards my 
CCAF. Finally I was taking my last class due to finish December 8,2005. 
Unfortunately my commander did not think it was important enough to finish, I 
was released from active duty only 2 weeks away from graduating with a CCAF 
and only six months away from completing my four-year term. 

Since my discharge I have continued to utilize the skills acquired in the Air 
Force. -  Currently I work as a contractor at Miami International Airport. I've been 
working on Mrnmacial aircraft such as Boeing 737's'  747's  and Airbus A300's 
as well as McDonald Douglas's MD 80's. However, although a lucrative career it 
is not the career I am interested in pursuing.  Once again I find myself challenged 
and my interest's have been turned towards the medical career.  I am really 
anxious to try my hand at physical therapy, but because of my discharge I am 
allowed all my benefits for the exception of my GI Bill. In the event that my 
discharge is overturned to "Honorable"  I am once again eligible for the GI Bill. 
I believe such a decision would bring a just  closure to my  service in the USAF 
and would help me realize my dream. 

6.  While senting in the USAF I helped others both on and off duty. While off duty I 
helped with 'Pays of Caring" which asked for volunteers in the military to lend a 
helping hand to those who lived in the town and needed it,  I also participated in 
the "Soup Kitchens* which included preparing and senring hot m d s  to those 
less fortunate in the town of Alarnogordo.  I alsoprovided help to airmen with 
rides to and fiom work, CDC's and even designated driver when needed.  While 
on duty I was a PTL for my squadron, and helped the crews of the F-117's  when 
they were f i g  behind.  Fwtherrnore, I have received two Achievement 
medals, two Outstanding Unit awards, two Expeditionary Service ribbons, and 
several others. 

For the past three and half years I dedicated my life to the USAF and the people 
who surrounded it.  When I was asked for help or to volunteer I never hesitated to 
do so.  I now respectfully and humbly ask for help from USAF and Review 
Board. I ask that the USAF and Review Panel reconsider my discharge.  I am 24 
years old and am a veteran of a foreign war.  Although I've served with honor 
and pride I'm  held back in life because of this discharge that does not allow me 
to further my education.  I ask that I be given a chance to reach my full potential 
in life. I have never been one just to take; giving and sacrifice have marked my 
time in the Air Force.  I truly believe I deservenothing less than an Honorable 
Discharge for my time and efforts given to the USAF. 

Thank you for taking the time to read and consider my request for an overturn of 
my discharge from General under Honorable conditions to an Honorable 
Discharge. 

DEPARTMENT OF THE AIR FORCE 
4QlH MATERIEL MAINTENANCE SQUADRON (ACC) 
HOLLOMAN AIR FORCE BASE, NEW MEXICO 88330 

MEMORANDUM FOR AMN: C . - . . . . - . . - . . . . - . . - - - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - l  

FROM:  49 MMS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending you. discharge fiom the United States Air Force for a Pattern of 
Misconduct, specifically Conduct Prejudicial to Good Order and Discipline.  The authority for 
this action is AFPD 36-32, Militaly Retirements and Separations (14 Jul93), and AFI 36-3208, 
Administrative Separation of  Airmen (9 Jul04), paragraph 5.50.2.  If my recommendation is 
approved, your service will be characterized as Under Honorable Conditions (General). 
, 

2.  My reasons for this action are: 

(a)  You did, on or about 3 Sep 05, without authority, absent yourself from your unit, to wit: 
49th Materiel Maintenance Squadron, located at Holloman AFB NM, and did remain so absent 
until on or about 3 Sep 05.  You did, on or about 4 Sep 05, without authority, absent yourself 
from your unit, to wit:  49th Materiel Maintenance Squadron,  located at Holloman AFB NM, and 
did remain so absent until on or about 4 Sep 05,  You, who knew or should have known of your 
duties, at or near Holloman AFB NM, on or about 4 Sep 05, were derelict in the performance of 
those duties in that you willfully failed to stay awake and perfom your duties, as it was your 
duty to do,  For this misconduct, you received an Article 15 dated 26 Sep 05,  (Atch 1) 

(b)  You did, on or about 2 Jun 05, without authority, absent yourself from your unit, to wit: 
49th Materiel Maintenance Squadron, located at Holloman AFB NM, and did remain so absent 
until on or about 2 Jun 05.  For this misconduct, you received a Letter of Reprimand (LOR) 
dated 2 Jun 05.  (Atch 2) 

(c)  You did, on oi about 18 Mar 05, without authority, absent yourself from your unit, to wit: 
49th Materiel Maintenance Squadron, located at Holloman AFB NM,  and did remain so absent 
until on or about 18 Mar 05.  For this misconduct, you received an LOR dated 18 Mar 05. 
(Atch 3) 

(d)  You did, at or near Holloman AFB NM, on or about 11 Mar 05, without authority, fail to 

go at the time prescribed to your appointed place of duty, to wit:  Informed Decision Brief, 
Building 45 1.  For this misconduct, you received an LOR dated 17 Mar 05.  (Atch 4) 

(e)  You did, at or near Holloman AFB NM, on or about 12 Jan 05, without authority, fail to 
go at the time prescribed to your appointed place of duty, to wit:  Base Fitness Center, Building 

588.  For this misconduct, you received a Rewrd of Individual Comeling (RIC) dated 
12 Jan 05.  (Atch 5) 

(f)  You did, on or about 27 May 04, without authority, absent yourself fmm your unit, to wit: 
4 W  Materiel Maintenance Squadron, located at Holloman AFB NM, and did remain so absent 
until on or about 27 May 04.  For this miswnduct, you received an RIC dated 27 May 04. 
(Atch 6) 

(g)  You did, at or near Holloman AFB NM, on or about 14 May 04, fail to obey a lawful 

regulation, to wit:  Air Force Instruction 36-2903, Dress and Personal Appearance of Air Force 
Personnel (29 Sep 02), table 2.3 and table 2.8, by failing to maintain your sideburns within the 
specified length.  For this misconduct, you received an RIC dated 14 May 04.  (Atch 7) 

(h)  You, who knew or should have known of your duties at or near Holloman AFB NM, on 
or about 10 May 04, were derelict in the performance of those duties in that you willllly failed 
to refiain fiom providing the wrong leave address and leave phone number on your Air Force 
F o m  988, Leave Fonn, as it was your duty to do.  For this misconduct, you received an RIC 
dated 10 May 04.  (Atch 8) 

(i)  You did, at or near Holloman AFB NM, on or about 5 Feb 04, without authority, go fiorn 

your appointed place of duty, to wit:  Base Fitness Center, Building 588.  For this misconduct, 
you received a Letter of Admonishment (LOA) dated 6 Feb 04,  (Atch 9) 

(j) You did, at or near Holloman AFB NM, on or about 15 Jan 04, without authority, go fiom 

your appointed place of duty, to wit:  Base Fitness Center, Building 588.  For this misconduct, 
you received an LOR dated 16 Jan 04,  (Atch 10) 

(k) You did, at or near Holloman AFB NM, on or about 6 Jan 04, without authority, fail to go 
at the time prescribed to your appointed place of duty, to wit:  Base Fitness Center, Building 588. 
For this misconduct, you received an RIC dated 8 Jan 04, (Atch 11) 

(l) You did, on or about 16 Apr 03, without authority, absent yourself fiom your unit, to wit: 
49th Materiel Maintenance Squadron, located at Holloman AFB NM, and did remain so absent 
until on or about 16 Apr 03,  For this misconduct, you received an RIC dated 16 Apr 03,  (Atch 
12) 

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 higher authority 
will decide whether you will be discharged or retained in the United States 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 
b d s  may be subject to xecoupment.  The separation authority will make the findings and 
recommendations required under 10 U.S.C.  Section 2005(g). 

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 Captain: ....................... 

!at Bldg 222, on 

I 

I r ? r a J a t  

1400 

hours.  You may consult civilian counsel at your own expense. 

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  5 Nbcl45 
unless you request and 
receive an extension for good cause shown,  I will send them to the separation authority. 

 

.

n

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 Family P d c e  
Clinic, Family Practice Bldg 15 o

8.  You will be escorted by -+ ................. - to all outprocesshg 

appointments.  You are ordered  o proceed to your escort's office.  You and your escort 
wiU them immediately report to the NCOIC, Adverse Actions in the Military Justice Section 
of the 49 M A  office. 

hours for the examination, 

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

at 

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 we at 49 FWIJA. 

10.  Execute the attached aclmowledgment and return it to me immediately, 

l.............-.-.----------*------------------------ 

Commander  1. 

- 

Attachments: 
1.  Article 15 dated 26 Sep 05 
2.  LOR dated 2 Jun 05 
3,  LOR dated 1 8 Mar 05 
4,  LOR dated 17 Ma. 05 
5.  RIC dated 12 Jan 05 
6,  RIC dated 27 May 04 
7.  RIC dated 14 May 04 
8.  RIC dated 10 May 04 
9.  LOA dated 6 Feb 04 
10.  LOR dated 16 Jan 04 
11.  RIC dated 8 Jan 04 
12.  RIC dated 16 Apr 03 

,