NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

L..-....-..-..-..-.-------I 
TYPE  GEN 

I 

I 

PERSONAL APPEARANCE 

AMN 
X  I  RECORDREVIEW 

L 

I 

I 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORCANILATION OF COUNSEL 

MEMBER SITTING 

HEARING DATE 

22 Feb 2007 

CASE NUMBER 

FD-2006-00264 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witldwithout 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. 

x -Upgrade  Discharge, change of RE Code, and Reason and Authority 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCIIARCE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7W2 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00264 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, to change the reenlistment code 
and to change the reason and authority. 

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 reenlistment code, and to change the reason and authority 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: 

The applicant did not submit any issues but did submit that since his discharge he has attended community 
college and maintained a position working at Newport News Shipbuilders.  The Board reviewed the records; 
however, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. 
The record indicates that the applicant received four Records of Individual Counseling; a Letter of 
Counseling; three Letters of Reprimand and an Article 15 for misconduct.  The misconduct included being 
late for duty (five times), failure to meet military standards (unshaven twice), failure to obey a lawful order, 
leaving his line badge unattended, speeding on base (twice) and an Article 128 for Assault.  The Board 
concluded the characterization of the discharge to be appropriate. 

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 Langley AFB, VA on 12 
Dec 03 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and Change the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 28 Jul 80.  Enlmt Age: 21 0/12.  Disch Age: 23 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-86,  E-67,  G-42,  M-39. PAFSC: 2A331A -  Avionics Systems Attack 
Control Apprentice. DAS: 13 Jun 02. 

b.  Prior Sv:  (1) AFRes 17 Aug 01 -  15 Oct 01  (I month 29) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 16 Oct 01 for 6 yrs. Svd: 02 Yrs 01 Mo 27 Das, all AMS. 

b.  Grade Status:  Amn -  5 Nov 03  (Article 15, 5 Nov 03) 

A1C -  07 Dec 01 

c.  Time Lost:  None. 

d.  Art 15's: 

(1) 5 Nov 03, Langley AFB, VA - Article 128.  You, did, on 
Or about 30 Sep 03, assault AB 1 ................................ 
wrestling and pushing her.  Reduction to Airman, 
forfeiture of $350.00 pay, 14 days extra duty, and a 
reprimand.  (No appeal)  (No mitigation) 

: by 

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

e.  Additional: RIC, 01 OCT 03 -  On Base speeding ticket. 

LOR, 04 JUN 03 -  Late for duty. 
RIC, 19 MAY 03 -  Failure to obey a lawful order. 
RIC, 24 APR 03 -  Security violation. 
LOR, 22 APR 03 -  Late for duty. 
LOCI 17 APR 03 -  Late for duty. 
LOR, 13 DEC 02 -  Failure to meet basic military standards, 

and reporting to duty unshaven. 

RIC, 25 OCT 02 -  Late for duty. 

f.  CM:  None. 

g.  Record of SV: 16 Oct 01 -  16 Jun 03  Langley AFB  3  (Initial) 

h.  Awards &  Decs :  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (03) Mos  (26) Das 
TAMS:  (02) Yrs  (01) Mos  (27) Das 

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

(Change Discharge to Honorable, and Change the RE Code, Reason for 

Discharge) 

Issue 1:  After having received a General Discharge under Honorable 

conditions from the United States Air Force, I have since attended community 
college studying real estate, as well as learned the trade of carpentry.  I have 
also held down a position at the Newport News Shipbuilders shipyard.  I request 
that my discharge be reviewed, and that I be issued an upgrade on that discharge 
from General under Honorable conditions to an Honorable discharge with a new 
reenlistment code. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS I ST FIGHTER WING 

LANGLEY AIR FORCE BASE VA 

FROM:  I  AMXS/CC 

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, Military Retirements and Separations, 
and AFI 36-3208, Administrative Separation ofAinnen,  Chapter 5, Section H, paragraph 5.49.  If 
my recommendation is approved, p u r  discharge will be characterized as under honorable 
conditions (General) and p u  will be ineligible for reenlistment in the Air Force. 

2.  My reasons for this action are: 

a.  On 25 Oct 02, you failed to show at your appointed place of duty.  For this incident, you 

received a Record of Individual Counseling (RIC), dated 25 Oct 02. 

b.  On 13 Dec 02, you failed to meet military standards by reporting to duty unshaven and 
without a shaving waiver despite being verbally counseled for this same issue two days prior. 
For this incident, you received a Letter of Reprimand (LOR), dated 13 Dec 02. 

c.  On 17 Apr 03, you failed to report to your place of duty on time.  For this incident, you 

received a htter of Counseling (LOC), dated 17 Apr 03. 

d.  On 22 Apr 03, you failed to report to your place of duty on time.  For this incident, you 

received a LOR, dated 22 Apr 03. 

e.  On 24 Apr 03, you left your line badge unattended in the specialist flight office while you 

were working on the flightline. For this incident, you received a RIC, dated 24 Apr 03. 

f.  On 16 May 03, you failed to obey a lawful order in that p u  did not ensure your hair was 

cut to militaq standards.  For this incident, you received a RIC, dated 19 May 03. 

g.  On 2 Jun 03, you failed to report to your place of duty on time.  For this incident, you 

received a LOR, dated 4 Jun 03. 

h.  In late Sep 03, you received a speeding ticket, your second such ticket in two weeks.  For 

this incident, you received a RIC, dated 1 Oct 03. 

i.  On or about 30 Sep 03, you assaulted another airman by wrestling and pushing her.  For 

this incident, you received an Article 15, with a punishment of reduction to the grade of airman, 
forfeiture of $350.00 pay, and  14 days extra duty, dated 5 Nov 03. 

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 Air Force. 

4.  You have the right to consult counsel.  Military lgga!lcgfigsel has been obtained to assist you. 
I have made an appointment for you to  consult^'- - - - - - - 
z<"N& d #?, at  o 4 3 6 

hours,  You may consurfiivilian counsel at your own expense. 

' : r at  AS&- 

, o n  

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 
unless you request a d  
receive an extension for good cause shown.  I will send them10 the separation authority. 

@ 3 

6.  If you fail to consult counsel or to submit statements in your own behalf, your failwe will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to ) & S A . r ~  

at 

[3 9 0 

hours on  5  > c ~  .fl for the examination. 

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 at your Orderly Room. 

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

-...-..-.-..-.-..-. 
Commander, 6

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

b ~ ~  

Attachments: 
1.  Supporting Documents 

la.  RIC, 25 Oct 02 
1 b.  LOR, 13 Dec 02 
lc.  LOC,  17 Apr 03 
1 d.  LOR, 22 Apr 03 
le.  RIC,24Apr03 
If.  RIC, 19 May03 
1 g.  LOR, 4 Jun 03 
lh.  RIC, 1 Oct 03 
li.  Art  15, 5 Nov03 

2.  Receipt of Notification Memorandum 

DEPARTMENT OF THE AIR FORCE 

HUDQUARTERS 1 ST FIGHTER WING 

LANGLEY AIR FORCE BASE VA 

DEC o 5  2003 

MEMORANDUM FOR 1 FWICC 

FROM:  1 FWIJA 
SUBJECT:  Administrative Discharge - Amn ! ----------------------------------------. 
1.  I have reviewed the proposed discharge action and find it legally sufficient to support a 
decision to separate Respondent for minor disciplinary infractions with an under honorable 
conditions (General) discharge, as soon as he is found medically fit for separation. 

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

2.  BACKGROUND: 

a.  Respondent is a 23-year-old Avionics Systems Apprentice assigned to 1 AMXS.  His 
TAFMSD is 16 Oct 01 and he began his 6-year enlistment on 16 Oct 01.  He was assigned to 
his present unit on 13 Jun 02.  Respondent has received the following overall rating on his 
Enlisted Performance Report (EPR):  3 - 16 Jun 03. 

b.  On 24 Nov 03, Lt COIL ---------- !properly notified Respondent of his recommendation to 

, - - - - - - - - - - a  

separate Respondent with an under honorable conditions (General) discharge under the 
provisions of AFT  36-3208, Chapter 5, Section H, Paragraph 5.49, Minor Disciplinary 
Infractions.  Because Respondent is not entitled to a board hearing, this case has been properly 
processed in accordance with the notification procedures of AFI 36-3208, Chapter 6, Section B. 

3.  GOVERNMENT'S CASE: 

a.  On 25 Oct 02, Respondent failed to show at his appointed place of duty.  For this 

incident, he received a Record of Individual Counseling (RIC), dated 25 Oct 02. 

b.  On  13 Dec 02, Respondent failed to meet military standards by reporting to duty 

unshaven and without a shaving waiver despite having been verbally counseled for this same 
issue two days prior.  For this incident, he received a Letter of Reprimand (LOR), dated 
13 Dec 02. 

c.  On  17 Apr 03, Respondent failed to report to his place of duty on time.  For this incident, 

he received a Letter of Counseling (LOC), dated 17 Apr 03. 

d.  On 22 Apr 03, Respondent failed to report to his place of duty on time,  For this incident, 

he received a LOR, dated 22 Apr 03. 

e.  On 24 Apr 03, Respondent left his line badge unattended in the specialist flight office 

while he was working on the flightline.  For this incident, he received a RIC, dated 24 Apr 03. 

f.  On  16 May 03, Respondent failed to obey a lawful order in that he did not ensure his hair 

was cut to military standards.  For this incident, he received a RIC, dated 19 May 03. 

g.  On 2 Jun 03, Respondent failed to report to his place of duty on time.  For this incident, 

he received a LOR, dated 4 Jun 03. 

h.  In late Sep 03, Respondent received a speeding ticket, his second such ticket in two 

weeks.  For this incident, he received a RIC, dated 1 Oct 03. 

i.  On or about 30 Sep 03, Respondent assaulted another airman by wrestling and pushing 
her.  For this incident, Respondent received an Article 15, with a punishment of reduction to 
the grade of Amn, forfeiture of $350.00 pay, and  14 days extra duty, dated 5 Nov 03. 

4.  RESPONDENT'S CASE:  Respondent was properly notified of his right to counsel and to 
submit statements on his behalf for your consideration. On 1 Dec 03, Respondent submitted 
matters in which he does not apologize for his actions, but admits he has had trouble fitting in. 
He states that he prefers to remain in the military, as he has valued his time in the Air Force and 
has learned a lot (Tab 2). 

5.  DISCUSSION: 

a. A basis for discharge exists and the Respondent should be discharged under that 

provislon.  In accordance with AFI 36-3208, Chapter 5, Section H, Paragraph 5.49, a pattern of 
misconduct consisting solely of minor disciplinary infractions in the current enlistment makes an 
airman subject to discharge.  Respondent's pattern of misconduct includes failure to go to 
appointed place of duty on several occasions, failure to meet military standards by not shaving 
and not having his hair cut properly, leaving his line badge unattended, speeding, and assault. 
His misconduct began in Oct 02 and has continued until now.  His misconduct has been 
documented in 4 RJCs, 1 LOC, three LORs, and an Article 15.  Based on the Respondent's 
record of misconduct, he should be discharged. 

b. The Respondent should be given a general discharge.  Based on Respondent's overall 

performance, 1 Ah4XS/CC recommends an under honorable conditions (General) discharge and I 
agree.  AFI 36-3208, Chapter 1, Section B, Paragraph 1.18.1, defines a sewice characterization 
of honorable as "[tlhe quality of the airman's service generally has met Air Force standards of 
acceptable conduct and performance of duty or when a member's service is otherwise so 
meritorious that any other characterization would be inappropriate."  In contrast, a service 
characterization of under honorable conditions (General) discharge is appropriate according to 
AFI 36-3208, Chapter 1, Section B, Paragraph 1.18.2, when "significant negative aspects of the 
airman's conduct or performance of duty outweigh positive aspects of the airman's military 
record."  The Respondent's repeated and deliberate misconduct falls well below Air Force 
standards of acceptable conduct and performance of duty.  The unit tried to rehabilitate the 
Respondent through progressive discipline but he failed to positively respond.  Moreover, the 
Respondent's misconduct demonstrates a lack of motivation and desire to meet military 
standards.  Respondent's record of misconduct significantly outweighs the positive aspects of his 
career.  I recommend he receive a service characterization of under honorable conditions 
(General) discharge. 

c.  Probation and Rehabilitation (P&R) is not appropriate in this case.  1 AMXSICC does 

not recommend P&R in this case.  Respondent shows poor rehabilitative potential based on his 
continued disregard for military standards despite the unit's efforts to rehabilitate him. 
Respondent received numerous rehabiliative measures to correct his behavior and continued to 

fail to comply with military regulations and standards.  He then received an Article 15 for more 
severe misconduct.  His blatant disregard for his commander's authority is evident in the 
continued nature of and escalation of misconduct.  Thus, Respondent has demonstrated that he is 
a poor candidate for P&R.  Therefore, I do not recommend P&R in conjunction with this 
discharge. 

6.  ERRORS AND IRREGULARITIES:  I note no errors or irregularities prejudicial to 
Respondent's substantive or procedural rights. 

7.  OPTIONS:  As separation authority in this case, you may: 

a.  Direct retention, if you determine the evidence does not warrant discharge; or, 

b.  Forward this case to 9 AF/CC with the recommendation that the Respondent receive an 

honorable discharge; or, 

c.  Direct Respondent's  separation with an under honorable conditions (General) discharge, 

with or without P&R; or, 

d. Return this case to the unit for re-initiation, with the recommendation that the 

Respondent receive an under other than honorable conditions discharge. 

8.  RECOMMENDATION:  Direct Respondent's separation with an under honorable 
conditions (General) discharge, by siping the attached memorandum,  If you have any 
---- -- : Chief, Adverse Actions, or me at 764-3280. 
questions, please contact Captl--- -- --- -- - - - - - a  

--- 

1 - - -  

C . . - . . . . - . - . . - . - . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - !  

Staff Judge Advocate 

Attachments: 
1.  Proposed Letter 
2.  Case File