I 

NAME OF SERVICE MEMBER (LAST, FIRST MLDD1,E INITIAL) 

GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1 

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

:................' 
TYPE  GEN 

I 

1 

I 

PERSONAL APPEARANCE 

I 

YES 

I 

No 

NAME O F  COUNSEL AND OR ORGANIZATION 
I 

ADDRESS AND O R  ORGANIZATION O F  COUNSEL 

MEMBER SITTING 

HON 

I 

CiEN 

UOTHC 

( 

07.11ER 

I  DENY 

I 

----- 

I  INDEX NIIMBEH 

,, 

I 
I 
EXHIBITS SUBMITTER TO THE BOARD 

I 

I 

1 
2 
3 
4 

ORDER APPOINTNG THE BOAKD 
APPL,ICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE HOARD 
ADDITIONAI.  EXHIBITS SUBMITTED AT TIMi-  Ot: 
I'ERSONAL  APPEARANCE 

 TAPE RECORDING OF PERSONAL APPbAItANCF I IIE 

I 

HEARING DATE 

CASE NUMBER 

25 Apr 2007 
APPLICANT'S  ISSCE AND THE BOARD'S DEClSlOUAL  RATIONAL  ARE  DISCUSSED ON  I'He AT7ACHED AIR  FORCE DISCHAROE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00298 

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 sitb~nit an 
application to the AFBCMR. 

Names and votes will be made available to the applicant at the applicant's  request. 
*  Reason and Authority 

SAFIMRBR 
550 C STREPI' WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

FROM: 

SECRETARY O F  THE AIR FORCE PERSONNEL COIlNCll. 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR, EE WINC.JRD  FLOOR 
ANUREWS AFB, MD 20762-1002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00298 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reason and 
authority for the discharge. 

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 and change of reason and authority for discharge 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: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
The records indicated the applicant received an Article 15, a Vacation, and six Letters of Reprimand for 
misconduct.  The applicant received an Article  15 for sending an electronic message that was inappropriate 
and offensive to his entire squadron.  He was punished with a suspended reduction to Airman First Class, 
fourteen days of extra duty and a reprimand.  The Vacation action was for failure to obey a lawful order and 
for being derelict in the performance of his duties in that he willfully failed to refrain from putting bleach on 
his skin.  These actions resulted in his reduction in gradc to Airman First Class.  He was administratively 
disciplined for failure to obey an order, failure to return to duty at the appropriate time, threatening to harm 
another airman, failure to wear his BDU top while dining at a local restaurant, and dereliction of duty on two 
separate occasions.  The DRB opined that through  these administrative actions, the applicant had ample 
opportunities to change his negative behavior.  The Board concluded the applicant's misconduct was a 
significant departure from conduct expected of all military members.  The characterization of the discharge 
received by the applicant was found to be appropriate. 

CONCLIJSIONS:  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 A1C)  (HGH Sm) 

1.  MATTER UNDER  REVIEW:  Appl recfd a GEN Disch fr USAF Dyess AFB, TX on 30 Jun 
06 UP AFI 36-3208, para 5.50.1 (Pattern of Misconduct  -  Discreditable Involvement 
with Military or Civil Authorities).  Appeals for Honorable Discharge, and to 
Change the Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Sep 76.  Enlmt Age: 26 8/12.  Disch Age: 29 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-50,  G-66,  M-50. PAFSC: 2A551J -  Aerospace Maintenance 
Journeyman. DAS: 5 A p r   04. 

b.  Prior Sv:  (1) AFRes 23 Jun 03 ,-  23 Jul 03  (I month 1 day) (Inactive) . 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as A1C 24 Jul 03 for 6 yrs. Svd: 02 Yrs 11 Mo 07 Das, all AMS. 

b.  Grade Status:  A1C -  18 Apr 06  (Vacation, 23 Jun 06) 

SrA -  24 Nov 05 

c.  Time Lost:  None 

d.  Art  15's:  (1) 23 Jun 06, Vacation, Dyess AFB, TX -  Article 91.  You, 
....................... 
having received a lawful order from TSgt 1 ......................  i, 
.  a noncommissioned officer, then known by you to be a 

noncommissioned officer, to continue your weed pulling 
detail, an order which it was your duty to obey, did, on 
or about 5 Jun 06, willfully disobey the same.  Article 
92.  You, who knew or should have known of your duties, 
on or about 7 Jun 06, were derelict in the performance 
of those duties in that you willfully failed to refrain 
from putting bleach on your skin, as it was your duty to 
do.  Reduction to AlC.  (No appeal)  (No mitigation) 

(2) 18 Apr 06, Dyess AFB, TX -  Article 92.  You, did, on or 
about 19 Mar 06, violate a lawful general regulation, to 
wit: paragraph 3.9.1.1.4 and 3.9.1.1.6, AFI 33-119, 
dated 24 Jan 05, by sending an electronic message that 
was inappropriate and offensive to your entire squadron. 
Suspended reduction to A1C.  Fourteen days extra duty, 
and a reprimand. (No appeal)  (No mitigation) 

e.  Additional: (Examiner's Note:  The following derogatory information was 

extracted from the ~otification Memorandum.  The actual 
documents are missing). 

L O R ,   05 JUN 06 -  Failure to obey a lawful order. 
LOR, 02 MAY 06 -  Failure to return to duty at the 

appropriate time. 

LOR, 02 MAY 06 -  Failure to obey a lawful general 

regulation by not wearing a BDU top while 
dining at a local restaurant. 

LOR/UIF/CR, 21 FEB 06 -  Threatening to harm another Airman 
LOR/UIF, 16 FEB 06 -  Dereliction of duty. 
LOR, 14 JUN 05 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: Unknown 

h.  Awards &  Decs:  IIFAM, GWOTSM, IIFTR, AFOUA W/1 DEV, NDSM, GWOTER. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (00) Mos  (08) Das 
TAMS:  (02) Yrs  (11) Mos  (07) Das 

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

(Change Discharge to Honorable and Change the Reason for Discharge) 

Issue 1:  The release of figures to the Unemployment Agency, Texas. 

Unreleased because "A  Pattern of Misconduct.'' 

AMXS Squadron headed by MSgt : 

7

~

~

 

~

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

------- 
: and MSgt \------ 

!.  Dividing our work schedule whe.reas communication disappeared.  '------' 

Issue 2:  I believe the record to be in error or unjust for the following 
reasons.  3
1  colluded with 
their undersecretaries to undermine the settlement of myself  (and?) AlC :------- 
,-..-..-..- 
----------- 
Eventually she disappeared to the dorms with their consent.  Accords were again 
reached that further scaled back my representation.  A grotesque lack of 
controls in a decision they should not have taken.  Their undersecretaries 
unethically supported her courtship with other airmen.  The endorsement of this 
logic pushed comprehensiveness beyond limits.  This led to problems the USAF 
created.  I took matters to defend what is mine.  You betrayed the trust needed 
for an ethical work environment.  The squadron found ways to secretly write 
paperwork without a notice, building up a trail tq-be-;gc-G--for maximum effect 
leading to my discharge.  Racist comments by TSgt : ---------------- ! in front: of other 
airmen mg-g-ther NCO1s (sic) "I don't associate with Mexicans" undersecretary 
for MSg L-- --- ---; 
struggle has not been without personal cost. 

'  let even more to a suspicion that others were involved.  The 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 
317  AIRCRAW MAINTENANCE SQUADRON (AMCJ 

DYESS AIR FORCE BASE, TEXAB 

MEMOIIANDW FOR  A1 Ci - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  
FROM:  3 17 AMXS/CC 

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

SUBJECT: Notific~tion Memorandum 

I am recommending your discharge from the United States Air ~ o r c t  for a pattern of 

1. 
misconduct, discreditable involvement with niilitzlty or civil authorities.  The authority for this 
action is AFPD 36-32 and AFI 36-3208, Chapter 5, section H, pamgtaph 5.50.1.  If y6ur 
discharge is approved, yaw service will be characterized as Honomblc or Under Honorable 
Conditions (Ganural).  I am xccomcnding that your scrvice be characterized as Oencral. 

'  2,  My rcasons for this action are: 

a.  You wcre, qn 8 Jun 05, derelict in the performance of your duties in that you did not 
follow technicaI data while performing oxygen servicing, for which you wcre reprimanded, 
as evidcnctd by LOR, datcd 14 J L I ~  05. 
b.  You werq, on 14 Fcb 06, derelict in the performance of your duties in that you did not 
follow five steps correctly on thc dual rail system white performing a pre-fli@t inspetion, 
for which you ware reprimanded and an Unfavorable Information File was established, as 
evidenced by LOR, dated 16 Fcb 06, and AF Fom 1058, dated I Mar 06: 

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

.  .. 

. ,  

, 

., 

c.  you bid, on 21 ~ a b  06;thmattn  to hark A~cL-..-....-..-;  forwhich 
. .  
reprimanded, as evidenced by LOR, dated 21 Fcb 06. The LOR was placed in your cxisting 
, TJIF and ydu were placed an the Control Roster, as cvidmced by AF Form  1058, dated 23 
Mar 06. 

were 

d,  You did, an 19 Mar 06, fail to obey a lawhl gmernl regulation in'that you transmitted an 
electronic message that was inappropriate and offmsive to pour entire squadron, for which 
you received Article 15 punishment, as evidenced by AF Fohn 3070, dated 18 Apr 06. 

e,  You did, on 28 Apr 06, fail to obey a lawfbt general regulation in that you were not 
wearing your BDU top white dini'ng at a rwtaurant in Abilenc, TX, for which you weto 
re.pritnanded, as evidenced by LOR, dated 2 May 06, 

f.  You did, on 2 May 06, without authority, fail  to return to duty at the appropriate time, for 
which you were reprimanded, ns  evidenced by LOR, dated 2 MAY 06. 

g.  You did, on 2 Jun 06, fail to oboy a lawful order in that you lcf€  your tesidcnco after being 
placed on quarters, for which you were reprimanded, as  evidenced by LOR, dated 5 Jun 06. 
, - - - - - - - - - - - - - - -  
I  TSgt 
h.  You did, on 5 Jun 06, fail  to obey a lawful  order,givm to you by TSgt; 
--------------. 
-------- 
Fold you to continue your weed pulling detail, an order you failed to obey.  YOU were, 
: 
L - - -   --- 
on ? Jun 06, dcrtlict in the performance o f  your duties in that you willfully faled to reffain 
from putting bleach nn your skin.  For this misconduct your suspended reduction in rank was 
vacated, as evidenced by t4.F  Fom 366, dated 23 Yun  06. 

3.  Copies of the documents to support tbis recomn~endatlon ata attachcd and will be forwarded 
to t h e  separation authority.  Tba commander exercising spccial court-martiaI jurisdiction or a 
higher authority will decide whether you will be discharged or rotained,in the Allt Force md, if 
you are $ischargad, how your scrvica will be characterized.  Eyou art discharged, you will bc 
ineligible for rcenlistmcnt in the Air Force and any special pay, bonus, or education assistance 
funds  may be subject to recouprnent. 

4,  You have the right to consuIt counsel. Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult Capt: .....-.-.-......-. 
Counsel, 397 3rd St, Bldg 7235, Dyess MB, TX, DSN 461-4233 on 26 Sun 06 at 1530 hours, 
You may consult civilian counsel at your own expense. 

3 : Area Defense 

5.  You havc the right to submit statements in your own behalf.  Any statencnts you want the 
separation authority to consider must teach me by 0800 hours on 30 Jun 06 unless you request 
' and rtccivc an cxten'si&n for goad cause shown.  E will send them to tI$c.s~krrrsftion authtiriij.  . 

. , ,  . 

.  , 

. 

6. If  you fail to cnhsult counsel or to submit staterncnts in your own behalf, your failurt will 
co~istitutc a waiver of your right to do so. 

7,  You have been scbedulod for a medical examination. You must mprt to 7th Mcdical 
Group HospitaI, 697 Hospital Rd, Dycss APB, TX, on 28 Jun 06 at 0935 hours.  You will need 
to rcport  15 minutes early for tbis appointmmt. 

fl.  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 iri the unit orderly room. 

1 

~ , & @ 6  - &zy£T 

9. Exeoutc the attached aclcnowladgment and r m  

it to me immediately. 

Attachments: 
1. Receipt of Natiiication Mcmoraudum 
2.  LOR, dab3 14 Jun 05 wkeiponse 
3.  LOR, dated 16 Feb 06 w~esponse 
4.  AF Form 11 058, dated 1 Mar 06 
5, LOR, dated 21 Feb 06 w/Bsponse  -. 
6. AIJ Form 1058, dated 23 Mat 0a 
7.  M Form 3070, dated 18 Apr 06 w/Response 
8.  BMdI Message, dsted 19 Mar 06  ------------- 
12. AF M T  1 168, datcd 27 Apr .M, SrA 
i (2 pages) 
13. M XMT 1168, dated 27 ~ p r  06, S ~ A \  ----- I......l---.-. 
i (4 pages) 
14. E-Mail Mcssage, dakd 27 Apr 06, S u b j q  - - - - - - - - _- - -, 
sr*  - - - - - - - - - - - - - - - - I 
15.  LOR, dated 2 May 06 wlxzsponse 
16.  LOR, dated 2 May 06 w/mpoape 
17.  MIX, dated 8 May 05 
t 8. LOR, W d  5 Jun 06 w/Rcsponse 
29.  AJ? Fom 366 dated 23 Jun 06 w/Rssponse 

: from 

. 

,  30+ MFR, &tcd  22 JUI  06 . -  . 
0

3 1 . ~ J 3 4  chtad8 ~
32. MFR, dated 5 JunO6  . 
33.8 Point Notification, dated 9 Dac 04 
34. Individual History Recard, dated 9 Dec 04 

~

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