AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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

PERSONAL APPEARANCE 

.----------------------. 
- 
TYPE  GEN 
YES k-I-3 

NAME OF LOIINSEI. AND OR ORGANllATlON 

CoyNSEL 

I 

I 

MEMBER SITTING 

ISSIIES 

A94.05 

( 

INDEX NUMBER 

A67.10 

I  HEARING DATE 

I  CASE NIlMHER 

AMN 

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

:..-.-.-....-.-m 

X 

RECORD KEVIEW 

ADDRESS AND OR ORGANIZA I ION OF COUNbhL 

VOTE OF THE BOARD 

EXHIBITS SUBMITTED TO 'I'HE BOARD 

I 

I 

1 
2 
3 
4 

OIlDER APPOIN1.INCT  1 HE BOAR11 

1  APPl  lCA l ION  FOR RT.VII:W  OF DISCHARGt 

LEII F.R  OF NOTIFIC'A'I ION 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S  KEI.EASE TO THE HOARD 
ADDITIONAL F,XI IIBITS SUBMI'I'TED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE KECORDING  OF PEKSONAL APPEARANCE HE 

I 

I 

1 

I 

I 

I 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and thc right to submit an 
application to the AFBCMR. 

SAFIMRBR 
550 C STREET WEST, SUITE 10 
RANDOLPH AFB, TX 781 50-4742 

I 

AFHQ FORM 0-2077, JAN 00 

PKOM: 

1535C'OMMANU 1)H. ErS WING,>RD FLOOR 
ANDREWS AYB.  M U  2117~~2-70Dt 

-- 

.. . 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00242 

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

I GENERAL:  The applicant appeals for upgrade of discharge to honorable. 
I 
I The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.  I 
I FINDINGS:  Upgrade of discharge is dcnied. 
I 

The  Board  finds  that  neither  the  evidence  of record  nor  that  providcd  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE:  The applicant contends that his discharge was inequitable because his commander did not consider 
the recommendations of two medical oflicers that he be retrained. The medical records indicatcd that the 
applicant suffercd a head trauma after he operated a gas-powered scooter while intoxicated. It was also noted 
that half of the misconduct occurred beforc the accident.  '['he Board acknowledged the rccomrnendations of 
the two medical officers and lound that it was within the commander's  discretion to retain or discharge the 
applicant.  The records indicated the applicant received two Article  15s and four Lettcrs of Reprimand for 
misconduct.  The miscoilduct included late for duty on inultiple occasions, financial irresponsibility, 
apprehendcd for public disordcrly conduct by local law enforccrnent, underage drinking, and failing to notify 
his supervisor after he contaminated an oil drum with hydraulic fluid. The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his ncgative behavior.  The 
characterization of the discharge received by the applicant was found to be appropriate. 

CONCLUSIONS:  ?'he  Discharge  Review  Board  concludes  that  the  discharge  was  consistcnt  with  the 
procedural  and  substantive  requirements of  thc  discharge regulation  and  was  within  the  discretion  of  the 
discharge authority and that the applicant was providcd 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 dischargc should not be changed. 
1 Attachment: 
Examiner's Brief 

I 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rectd a GEN Disch fr USAF Shaw AFB, SC on 23 Mar 
05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary ~nfractions). 
Appeals for Honorable Disch. 
2 .  BACKGROUND : 

a. DOB: 13 Dec E L .   Enlmt Age: 19 1/12.  Disch Age: 23 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-74,  G-74,  M-92. PAFSC: 2A353B -  F-16 Tactical Aircraft 
Maintenance Apprentice.  DAS: 6 Oct 01. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 6 Feb 01 for 6 years. Svd: 04 Yrs 01 Mo 18 Das, all AMS. 
b.  Grade Status:  Amn -  02 Mar 05  (Article 15, 2 Mar 05) 

A1C  -  23 Mar 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Mar 05, Shaw AFB, SC -  Article 92.  You, who should 

have known of your duties at or near Shaw AFB, SC, on or 
about 31 Jan 05, were derelict in the performance of 
those duties in that you willfully failed to notify your 
supervisor that you contaminated a drum of oil with 
hydraulic fluid, as it was your duty to do.  Reduction 
to Amn.  Suspended forfeiture of $250.00 pay per month 
for two months.  Thirty days extra duty  (suspended) and 
Reprimand.  (No appeal)  (No mitigation) 

(2) 29 Apr 02, Shaw AFB, SC -  Article 92.  You, who knew of 
your duties at or near Shaw AFB, SC, on or about 24 Aug 
02, were derelict in the performance of those duties in 
that you willfully failed to refrain from drinking 
alcoholic beverages while under the age of twenty-one, 
as it was your duty to do.  Suspended reduction to Arnn. 
Forfeiture of $200.00 pay per month for 2 months and 30 
days extra duty.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 22 JUL 04 -  Apprehended for Public disorderly conduct 

by local law enforcement. 

LOR, 16 APR 03 -  Financial Irresponsibility. 
LOR, 19 MAR 03 -  Late for duty on three separate occasions. 
LOR, 31 JAN 03 -  Late for duty on two separate occasions. 

PPORTING DOCUMENTS (X as applicable) (Please print name and Social Security Number on each document.) 

WILL NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

ARE LISTED BELOW AND ARE ATTACHED TO THlS APPLICATION: (Continue on a plain sheet of paper  if more space is needed.) 

I 

a.  DOCUMENT 1: 
Medical Evaluation Board Narrative Summary 11 Feb 2004; Page 3; Recommendations 
b.  DOCUMENT 2: 
Physical Profile Serial Report, AF Form 422 of 0 1  Jun 2005; Other Block 
c.  DOCUMENT 3: 

I 

I 

8.  ISSUES 

Th,e Board will consider any issue submitted by you prior to closing the case for deliberation.  The Board will also review the case to 

determine whether there are  any issues that provide a basis for upgrading your  discharge.  However, the Board is not required to respond in 
writing t o  issues of concern t o  you unless those issues are listed or incorporated by specific  reference below.  Carefully read the instructions 
that pertain t o  Block 8 prior t o  completing this part of the application. 

If you need more space,  submit additional issues on an attachment. 

I respectfully request that my discharge be changed to Honorable because I feel that 
my commanding officer did not consider the recommendations of two medical officers 
- - - - - - - - - - - - - , 
that I be retrained due to my medical condition. On 26 April 2003, I suffered a 
traumatic head injury. ~uring my .------- 
1  M.D. 
L ....-....-.. I' 
:,  USAF MC recommended on two separate occasions 
USAF MC  (Neurologist), and MAJ; 
that I be retrained. See ~ediciil--Eviluation Board Narrative Summary of 11 Feb 2004 
[Document 11  and Physical Profile Serial Report of 1 June 2 0 0 5   [Document 2 1 .   Despite 
these recommendations and my request to be retrained in another AFSC  I was assigned to 
crew chief duties. 

recovery process two doctors; C A P T '  

Even though I was coping with constant headaches, hearing loss in my left ear, short 
term memory loss, daily medication, and the stress stemming from the medical board, I 
did my absolute very best to complete all duties and responsibilities while assigned 
to the 20th AMXS.  From the date I was found fit for limited duty, I showed up to work 
a head of or on time, looked sharp in uniform, completed all assignments, and received 
favorable performance evaluations (both verbal and documented). I kept hope that if I 
continued to perform at or above an acceptable level my commanding officer would 
approve the doctor's retraining recommendations. However, that never happened, and I 
made a mistake that I truly believe was due to my documented head injury and 
ultimately led to my discharge- I believe through no fault of my own I was put into a 
position that led to this regrettable error. I enjoyed being in the Air Force and was 
looking forward to the opportunity of being retrained. To this day, I can only image 
that if the medical doctor's recommendations were followed I could still be a 
productive member of the Air Force and remained on active duty or at the least 
received an Honorable discharge. 

H I HAVE LISTED ADDITJONAL  ISSUES AS AN ATTACHMENT TO THlS APPLICATION. 

I PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date) 
AND A M  COMPLETING THlS FORM IN ORDER TO SUBMIT ADDITIONAL  ISSUES. 

THE ABOVE ISSUES SUPERSEDE ALL  PREVIOUSLY SUBMITTED. 

- 

-  - 

9.  CERTIFICATION 

I make the foregoing statements as part of m y  applicat~on with full knowledge of the penalties involved for  w~llfully making a false 

statement.  (U.S. Code,  Title  18, Section  1001, provides that an individual shall be fined under this title or imprisoned not more than 5 years, 
or both.] 

a.  DATE (YYYYMMDD) 

b.  S l w 4 T Y E  .-..-.-.---....- -.-..-.-....- 

. 

ARMY 

I 
Army Review  Boards Agency 
Support Division,  St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St.  Louis,  MO  63132-5200 
(See http:/larba.armv.~enta40n.mil) 
- 
I 
DD FORM 293, DEC 2000 

. .  

I 

I 

NAVY & MARINECORPS 

1 
Naval Council  of Personnel  Boards 
7 2 0  Kennon Street,  S.E. 
Rm.  3 0 9  (NDRB) 
Washington Navy Yard,  DC 
20374-5023 

I 

AIR FORCE 

1 

COASTGUARD 

I 

SAFIMIBR 
550.C  Street West,  Suite 4 0  
Randolph AFB,  TX  781 50-4742 

Commandant (G-WPM) 
2100 Second Street,  S.W. 
Washington,  DC  20593-0001 

I 

I 
Page 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 

20TH FIGHTER WING (ACC) 

SHAW AIR FORCE BASE SOUTH CAROLINA 

MAR  1 1 2005 

FROM:  20 AMXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for 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, under honorable conditions (ge~leral), or under other than honorable conditions 
(UOTHC).  I an recommending that your service bc characterized as under honorable 
conditions (gcncral). 

2. My reasons for this action are: 

a.  On or about 24 Aug 02, you failcd to rcfiain from drinking alcoholic beverages while 
under the age of twenty-one.  For this n~isconduct, you received an Article 15, dated 
29 Aug 02. 

b.  On or about 3 1 Jan 03, you failed to report to roll call on time.  For this misconduct, you 
received a letter of reprimand (LOR), dated 3 1 Jan 03. 

c.  On or about 17 Mar 03, you failed to report to roll call on time.  For tlus misconduct, you 
received a LOR, dated  19 Mar 03. 

d.  On or about 3 Jan 03, you issued a check to A W E S  in the amount of $14.04 without 
sufficient funds.  For this misconduct, you received a LOR, dated 16 Apr 03. 

e.  On or about 18 Jul 04, you were arrested by local law enforcelllent for public disorderly 
conduct.  For this ~-nisconduct, you received an LOR, dated 22 Jul04. 

f.  On or about  3 1 Jan 05, you .cvillhlly failed to notify your supervisor that you 
contaminated a drum of oil with hydraulic fluid.  For this misconduct, you received an 
Article  15, dated 2 Mar 05. 

3.  Copies of the documents to support this reconlnlendation are attached and will be forwarded 
to the separation authority.  The separation autl~ority will make the findings and 
recommendations required under 10 U.S.C. 2005(g) regarding recoupment of education 
assistance funds, if applicable.  The cornrnander 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 

~bbh/Pawer for  America 

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 ahsist 
you.  I have made an appointment for you to consult Captain: -------------------, 
: Area Defense 
Counsel, 895-9530, 321 Cullen Street, at 
civilian counsel at your own expense. 

(  S O D   hours on  I I C WM2005.  You may consult 

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

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 
2005 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

I 330  hours on 

/L  psn 

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 the 20th Medical 
Group, Primary Care Clinic at 
additional examination will be scheduled ~f necessary. 

) (5.n  hours on  91  ~VI $l&$ 2005 and an 

8.  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 ordcrly room. 

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

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

. - .

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

Commander 

Attachments : 
Supporting Documents 

I.  AF Fol-n13070, dated 29 Aug 02. 
2.  LOR, dated 3 1 J,m  03. 
3.  LOR, dated 19 Mar 03. 
4.  LOR, dated 16 Apr 03 w/ evidence. 
5.  LOR, dated 22 Jul04. 
6.  AF For111 3070, dated 2 Mar 05.