1  NAME OF SERVICE MEMBER (LAST,  FIRST MIDDLE INITIAI.) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

1  AMN 

rYPE  GEN 
GOUNSEL 

' 

No 

YES 
X 

X 

PERSONAL APPEARANCE 

RECORD REVIEW 

NAME OF COIJNSEL AhD OR ORCANILATION 

ADDRESS AND OR ORGANIZATION  OF COUNSEL 

AMERICAN LEGION 

1608 K ST NW WASHINGTON DC 20006 

MEMBER SITT~NG 

--,,- 

HON G E N ~ T H C ~ O T H E R  

-DENY 

VOTE OP THE BOARD 

F R I N G  DATE 

1  23 Jan 2007 

/  CASE NIIMBER 
I  FD-2006-00235 

1 

I 

Case heard in Washington, D.C. 

I Advise applicant of the decision of the Board 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. 

I * CHANGE RE CODE 

1 

1 

'To: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDO1.PH AFB, 'l'X 7R 150-4742 

FROM. 

SECRICTARY OF TIIE AIR FORCE PERSONNBI, COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING.3RD  FLOOR 
ANDREWS APE, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NlIMBhK 

FD-2006-00235 

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 appeared and testified  before the Discharge  Review Board  (DRB), with  counsel, at Andrews 
AFB  on  23  Jan  2007.  The  following  witness  also  testified  on  the  applicant's  behalf:  Sgt  First  Class 
..-..-..-..-..-..-..-..-. 
i (mother). 

- - - - - - - - - - - - - - - - - - - - - - - - - I  

The following additional cxhibits were submitted at the hearing: 

Exhibit 5: American  Legion Statement 

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

FINDINGS:  The discharge  is upgraded  to Honorable.  The 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  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's  characterizaiion should be changed to Honorable. 

ISSUE: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
Applicant contends he was unfairly singled out for inillor infractions and these were used to eliminate him 
from the Air Force.  The applicant expressed his desire for upgrade of his discharge to allow for reenlistment 
into the armed forces.  The records indicated the applicant received an Article  15, a Vacation, two Letters of 
Reprimand and a Letter of Counseling for misconduct.  The applicant was disciplined for failure to obey a 
lawful order from a superior iloncommissioned officer, failure to go to appointed place of duty, being late for 
dorm inspection, a failed dorm inspection, and failure to return to duty in a reasonable period of time.  After 
a thorough and complete consideration of the information submitted by the applicant, the applicant's 
compelling personal testimony, information provided by the applicant's  witness, and information contained 
in the record, the Board concluded there was sufficient mitigation and extenuation to substantiate upgrade of 
his discharge to Honorable.  The Board did not however agree to change the applicant's  reason and authority 
or his reenlistment code. 

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. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service is more accurately reflected by  an Honorable discharge under the provisions of Title  10, 
USC  1553. 

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 F.E. Warren AFB, WY on 
22 Dec 05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions. 
Appeals for Honorable Discharge, and to Change the RE Code, Reason for Disch. 

2 .   BACKGROUND: 

a. DOB: 29 Jul 86.  Enlmt Age: 17 6/12.  ~ i s c h  Age: 19 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-76,  G - 5 3 ,   M-42. PAFSC: 3P031 -  Security Forces 
Apprenctice.  DAS: 4 May 05. 

b.  Prior Sv: (1) AFRes 5 Feb 04 -  31 Aug 04 (6 mos 27 das) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 1 Sep 04 for 6 years. Svd: 01 Yrs 03 Mo 22 Das, all AMS. 

b.  Grade Status:  A m  -  29 Jul 05  (Article 15, 29 Jul 05) 

A1C -  15 Oct 04 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 1 Nov 05, Vacation, F.E. Warren AFB, WY -  Article 86. 
You did, on or about 7 Oct 05, without authority, fail 
to go at the time prescribed to your appointed place of 
duty, to wit: building 34.  Forfeiture of $ZOO.OO pay 
per month for two months.  (No appeal)  (No mitigation) 

(2) 29 Jul 05, F.E. Warren AFB, WY -  Article 91.  You, 

having received a lawful order from SMSgt: 
------------- 
1 ------------ :,  a superior noncommissioned officer, then known 
by you to be a superior noncommissioned officer, to 
inprocess through the dorm manager at 1300 sharp, an 
order which it was your duty to obey, did, on or about 6 
Jul 05, willfully disobey the same.  Reduction to A m .  
Suspended forfeiture of $100.00 pay per month for two 
months and a Reprimand.  (No appeal) (no mitigation) 

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

e,  Additional: LOR, 11 AUG 05 -  Late for dorm inspection. 

LOR, 11 AUG 05 -  Failed second dorm inspection. 
LOCI 11 JUL 05 -  Failure to return to duty in a reasonable 

amount of time. 

E.  CM:  None. 

g.  Record of SV: None. 

DEPARTMENT OF THE AIR FORCE 

90th SPACE WING (AFSPC) 

.------------------------------------------------- 
M~MORANDLlM FOR AMN 1 ------------------------------------------------: 
FROM:  790 MSFSICC 

SLIBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for 
Misconduct: Minor Disciplinary Infractions. The authority for this action is AFPD 
36-32 and AFI 36-3208, paragraph 5.49.  If my recommendation is approved, your 
service will be characterized as an Under Honorable Conditions (General) 
Discharge. I am recommending that your service be characterized as an Under 
Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  You, having received a lawful order from SMSgt: ------------------- :, a superior 
noncommissioned officer, then known by you to be a superior noncommissioned 
officer, to in-process through tlie dorrr~ manager at 1300 sharp, an order which it 
was your duty to obey, did, at or near Francis E. Warren Air Force Base, Wyoming, 
on or about 6 Jul 05, willfully disobey the same.  For violation of Article 91 of the 
UCMJ, you received an Article I 5  dated 29 Jul 05. 

I - - - - - - - - - - - - - - - - - - - -  

b.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 
8 Jul 05, fail to return to your place of duty in a reasonable amount of time.  For this 
misconduct you received a Letter of Counseling (LOC) dated 11 Jul 05. 

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

about 10 Aug 05, derelict in the performance of your duties, to wit:  failing to 
maintain your dorm room within Air Force standards.  For this misconduct you 
received a Letter of Reprimand (LOR) dated 11 Aug 05. 

d.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 
11 Aug 05, fail to obey a direct order given by SMSgt: ------------------- i, your superior, 
to clean your dorm room and to be in front of your dorm room door at 0700 in full 
service dress uniform.  For this misconduct you received an LOR dated 1 1 Aug 05. 

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

e.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 
7 Oct 05, without authority, fail to go at the time prescribed to your appointed place 
of duty, to wit:  Bldg 34.  For violation of Article 86 of the UCMJ, you received a 
Vacation Action dated 1 Nov 05. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained 
to assist you.  I have made an appoi~itment for you to consult 

at 
hours.  You may consult 

, at 
civilian counsel at your own expense. 

, on 

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  Y  b-!.,,r 
Sd05- 
unless you request and receive an extension for good cause shown.  I will send 
them to the 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 
%  b c l a w $ q   on  p@P &dkrv4 at 

hours for the examination 

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 at con-~mand support staff 
office. 

8.  Execute the attached acknowlec(gment and return it to me immediately. 

' . . - . . - . - . . - . . . . - . . - - - - - - - - - - - - - - - - - - - - - - - - I  

Commander, 790th Missile Security Forces Squadron 

Attachments: 
1.  Article  15, dated 29 Jul 05 
2.  LOC, dated 11 Ju105 
3.  LOR, dated 11 Aug 05 
4.  LOR, dated 1 1 Aug 05 
5.  Vacation Action, dated 1 lVov 05