AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

YAME OF SERVlCE MEMBER (LASI', FIRST MIDDI,E INITIAL) 

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PERSONAL APPEARANCE 

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AE'SNISSAN 

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RECORD REVIEW 

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NAME OF LOUNIEI. AND OR ORGANIIATION 

ADDRESS AND OH ORGANIZATION OF COllNSEL 

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MEMBER SITTING 

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VOTE OF THE BOARD 

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ISSUE5 

A92.21 
,493.01 
A94.05 

INDEX  NUMBER 

A67.10 

HEARING  DATE 

CASE NllMUER 

Zase heard in Washington, D.C. 

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EXHIBUS SIJBMITTED 'I'O THE BOAR11 

1 
ORDER APPOINTMG THE BOARD 
2 
APPLICATION  bC)R  REVIEW O F  DISCHARGE 
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LEl I t R  OF NOTIFICA'I  ION 
1  4  1  BRIEF OF PF,RSONNEL F1I.E 

COUNSEL'S  WLBASE TO THE UOARD 
ADDITIONAL EXHIBITS SUI3MI'TTED AT TIMh OF 
PERSONAL, APPEARANCI! 

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TAPC RLCOKDING  OF PtRSONAL APPtAKANCC HL 

4dvise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to si~b~nit an 
ipplication to the AFBCMR. 

\lames and votes will be made available to the applicant at the applicant's  request. 

X-  TJpgrade of discharge, change of reason and authority for discharge and change of recnlistment code are 
lenied. 

TO. 

SAFIMKBR 
550 C STMB'f WEST. SIJITE 40 
RANDOLPI I  AFR, TX 781 50-4742 

PROM: 

SECRETAKY OF THE AIR FORCE PERSONNEL COUNCll 
AIR FORCE DISCllARGE  HEVIEW BOARD 
1535 COMMAND DR, EE WING. 3HD FI.OOR 
ANDREWS AFR, MD 20762-70V2 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBER 

FD-2006-00311 

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 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  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

The  Board  finds  that  neither  the  evidencc  of  record  nor  that  provided  by  thc  applicant  substantiatcs  an 
inequity or impropriety that would justify a change of discharge. 

ISSUES: 

Issue  I .   Applicant contends discharge was inequitable because it was too harsh,  The records indicated the 
applicant received an Article  15, three Letters of Rcprimand, and eight Records of Individual Counseling for 
misconduct.  The misconduct included being late for work on numerous occasions, failure to complete 
homework on time, inappropriate behavior, failure to obey lawful orders, failure to complete assigned duties, 
disrespectful and argumentative towards an officer, disrespectful towards a non-commissioned  officer, and 
failing to read and write about a new procedure and prepare a presentation for the morning technical 
meeting.  The DRB opined that through these administrative actions, the applicant had ample opportunities 
to change his negative behavior.  The Roard concluded the misconduct was a significant departure from 
conduct expected of all military inembcrs.  The characterizatioil of the discharge received by thc applicant 
was found to be appropriate. 

Issue 2.  Applicant contends that he should not be penalized indefinitely for a mistake he made when young. 
The DRB recognized the applicant was 19 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The Board opined the applicant was the same 
age as the vast majority of first-term members who propcrly adhere to the Air Force's  standards of conduct. 
The DRB concluded that the characterization of the applicant's  discharge was appropriate due to the 
misconduct. 

Issue  3.  The  DRB  was  pleased  to  see that  the  applicant was  doing  well  in  college  and  has  a  good job. 
However, no  inequity  or impropriety  in his  discharge  was  found  in the  course of the  hearing.  The Board 
concluded the misconduct of the applicant appropriately characterized his term of service. 

Attachment: 
Exanliner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  AppL recrd a GEN Disch fr USAF Scott AFB, IL on 15 Dec 
99 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 15 Apr 80. Enlmt Age: 17 10/12.  Disch Age: 19 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-45,  E-43,  G-59,  M-18. PAFSC: 4N131 -  Surgical Service 
Apprentice. DAS: 1 Aug 98. 

b.  Prior Sv:  (1) AFRes 9 Mar 98 -  10 Mar 98 (2 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB I1 Mar 98 for 4 yrs. Svd: 01 Yrs 09 Mo 05 Das, all AMS. 

b.  Grade Status:  AB -  6 Jul 99 (~rticle 15, 6 Jul 99) 

Amn  -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 6 Jul 99, Scott AFB, IL -  Article 92.  You, who knew or 
should have known of your duties, on or about 11 Jun 99, 
were derelict in the performance of those duties in that 
you willfully failed to read about and write a summary 
of a new procedure you were doing, and to prepare a 
presentation about the procedure for the morning 
technical meeting, as it was your duty to do.  Reduction 
to AB, and a reprimand. (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 18 OCT 99 - Disrespect to an NCO. 

RIC, 15 OCT 99 -  Late for work. 
RZC, 15 OCT 99 -  Failure to obey a lawful order. 
LOR, 10 SEP 99 -  Disrespectful and argumentative towards an 

officer . 

assigned duties. 

assigned duties. 

RIC, 03 SEP 99 -  Failure to complete assigned duties. 
LOR, 17 MAR 99 -  Late for work and failure to complete 

RIC, 23 FEB 99 -  Late for work and failure to complete 

RIC, 02 FEB 99 -  Failure to obey lawful orders. 
RIC, 19 NOV 98 -  Inappropriate behavior. 
RIC, 19 NOV 98 -  Failure to complete homework on time. 
RIC, 19 NOV 98 -  Late for work. 

f .   CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (09) Mos  (07) Das 
TAMS: (01) Yrs  (09) Mos  (05) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Aug 06. 

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Three Character References. 
4. Letter of Appreciation. 
5. Letter of Recommendation. 
6. Five Award Certificates. 

I 

APPUCAIION FOR THE REVIEW OF MSCHARQE OR DISMISSAL 

FROM THE ARMED FORCE$ OF THE UNITED STATES 

OM8 NO, 0701-0001 

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since my separation, and would liLd tb be given the charm to prove to the military that I can still b a~ asset to our oounq. 
Attached is a l e a  oxplilinitlg why I believe I dwave a second cbanco. 

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PREVIOUS EDITIONS ARE OBSOLETE. 

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August 10,2006 

To Whom This May Concern, 

I am writing this letter to your committee to request an upgrade of my current discharge 
from the United States Air Force. I believe that X can still be a very useful met, and the mistakes 
that I mnde while on active duty would not happen again. I wish to be called oar gain by this 
sotintry,  to wear the uniform, and to defend its honor. 

In the military, I was not focused on the duty that the military had assigned to me. I was 

late for work a number of times; my appmmce was less tbm acceptable; my homework that was 
given to me, at times, was not complete, and I spoke out of tum with my supervisor SSgt. 

1 These: offenses I committed d h g  the two years that I was an enliskd in the 

L..-.-..-..-..-..-.---, 

United States Air Force is not the conduct of a military soldier.-I have lamed this lesson very 
hard and am now ready to correct it in the military. 

I am currently working full time at Mercy Hospital in Pittsburgh, Pennsylvania, as a 

surgical technician, and will be attending the University of Pittsburgh in the fall as well. I have 
just completed two years at Penn State University, while  working  full time, I have corrected the 
wrong that I have done to the United States Air Force by being on time evexyday for work, and 
malting it a very rare occasion of calling off, I currently hold a grade point average of 3.52 h m  
Penn State University. I have received an Academic All-Conference award, and Academic 
Excellence Award two yeous in a row, along with the John Evans ScholarIAthlete A w d  just this 
past year, I am a member of the Phi Theta Kappa, which is the honor society for two year 
programs. While attending Peon State University I obtained the University Trustee SchoIacship 
which entitled me to one t h o m d  two hundred and fifty dollars of aid for the school year. 

tasks I perform 

Work and school are not the only , --------- 

-------  an a daily basis, I now am a father to a 
energetic two year old girl. Her name is:..  --- --- --- --- --, 
: and she keeps me very busy on my off 
days and free time that I have during. the week. Being a father helps me realize the harm that I 
caused to the military forces of the United States. I was immam  while in the military and took 
the standard held so dear to the Air Force for granted. I can only be thankful that my actions did 
not affect anyone on Scott Air Force Base. The security of this country is the responsibility of 
every soldier who takes the oath to uphold its freedom, 1 am writing this letter to ask for this 
responsibility once again, 

What I am &g 

for is my General Discharge of Under Honorable Conditions to be 

upgraded to an Honorable Discharge. I would like a re-entry code of lM, a separation code of 
Jl?F, md I: would greatly appreciate my Montgomery (3.1. Bill to assist me h re-paying my 

college loans. I have also sent you a few letters of rccomrnendc\tion to assure you that I have 
matured and wish to be an asset to my country. 

Sincerely, 

h.  On or about 3 1 Aug 99 you failed to remove a load fioin the sterilizer ws it was your 

duty to do.  For this misconduct you were counseled via the AF Form 174, dated 3 Sep 99. 
(Atch 8), 

i.  On or about 13 Aug 99 you were disrespectful and argumentative toward Captain 

: an OR nurse.  For this misconduct you received a Letter of Reprimand (LOR), dated 

.----------- 
1..  -. . . . -. - 1 3  
10 Sep 99.  (Atch 9). 

j.  On or about 14 Oct 99 you were counseled to iron y o u  uniform and to clean and 
polish your boots, when you reported for duty on or about 15 Oct 99 this task had not been 
accomplished.  For this misconduct you were counseled via the AJ? Form 174, dated 15 Oct 99, 
(Atch 10). 

k.  On or about 15 Oct 99 you were 10 minutes late for work.  For this misconduct you 

were counseled via the AF Form 174, dated 15 Oct 99.  (Atch 11). 

I.  On or about 15 Oct 99 you were disrespectful and belligerent toward your direct 

supervisor.  For this misconduct your received a Letter of Reprimand (LOR), dated 18 Oct 99. 
(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 a higher 
authority will decide whether you will be discharged or retained in the Air Force,  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

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 with the Area Defense Counsel, Bldg 7, on 

at 

hrs. 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 with in 3 duty days of your receipt of this letter 
unless you request m d  receive an extension for good cause shown.  I will send them to the 
separation authority. 

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

I 

7.  You have been scheduled for a medical examination,  You must report to the 375th Medical 
Group, Physical Examinations Section, on 
examination.  You also have a doctor's appointment scheduled on 

hrs for the 

at 

at 

hrs. 

8.  The Privacy Act Statement as explained in AFI 36-3208 covers any personal information you 
furnish in rebuttal.  A copy of AFI 36-3208 is available for yow use in the squadron orderly 
room.