AIR FORCE DISCHARGE REVIEW BOARD 

HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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

...-..-..-..-..-..---------- 
TYPE  GEN 

PERSONAL APPEARANCE 

: 

GRADE 

AB 

AFSNISSAN 
--------------- 

:-..-..-..-..-c 

X 

RECORD REVIEW 

NAME O F  COIJNSEI.  AND OR ORCANIXA'PION 

A0I)HESS  AN]) OR ORCANlZATlON  O F  COlJNSEL 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

GEN 

UOTI IC 

OTI IER 

DENY 

YES 

No 

X 

4 

2 

- 

J 

ISSllES 

A94.05 

INDEX NUMBER 

A67.10 

X 

X 

X 

X 

X 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING  THE BOARD 

APPLICATION  FOR REVIEW OF DISCHARGE 
I,KrTF,R  OF NO'I'IFICA'I'ION 
BRIEF OF PERSONNEL PILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAI, API'EAKANCE 

'CAPE  RECORLIING OF PERSONAL APPEARANC:E HE 

IlEARlNC DATE 

CASE NllMBER 

22 Mar 2007 
APPI.ICANT'S  ISSUE AND THE ROARU'S 

FD-2006-003 18 

UbUlSlONAL  RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE 

REVIEW BOARD DECISIONAL RATIONALE 

Case heard in Washington, D.C. 

Advisc applicant of the decision of the Board, the right to a personal appearance withiwithout 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. 

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L _ _ _ _ _ _ V _ _ _ _ _ _ _ _ _ _ _ _  

TO: 

SAFIMRBR 
550 c STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

INDORSEMENT 

DATE:%Z/~OO~ 

FROM: 

SECRETARY O F  TllE AIR FORCE PERSONNEL COliNClL 
AIR FORCE DISCHARGE REVIEW BOAKD 
1535 COMMAND DR, EE WINC, 3RD FLOOR 
ANI)HEWS  AFH, MI) ZU762-7002 

AFIIQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-2006-00318 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

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 is 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: 

Applicant contends he was young and immature when he committed his misconduct; he is requesting an 
upgrade so he can enlist into the National Guard.  The record indicates that the applicant received two 
Article  15s, a vacated Article  15, a Letter of Counseling and Record of Individual  Counseling for a failurc to 
go, failing to deploy with chemical warfare equipment, misuse of the government travel card, failing to pay 
debts, and failure to obey a lawful general order.  The Board recognized that the applicant was 21 years of 
age when the discharge took place.  However, there was no evidence he was immature or did not know right 
from wrong.  The Board found the seriousness of the willful misconduct offset ally positive aspects of thc 
applicant's duty perlbrmailce and concluded that the characterization of the applicant's  discharge was 
appropriate due to the misconduct. 

CONCLUSIONS:  The  Discharge  Keview  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 thc applicant was provided full adnlinistrativc duc process. 

I11 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 A I R   FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, W 3  

(Former AB)  (HGH AlC) 

1.  WlTTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Fairchild AFB, WA on 25 
Jan 02 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 19 Jan 81.  Enlmt Age: 18 3/12.  Disch Age: 21 0/12. Educ: HS DIPL. 

AFQT: N/A.  A - 4 6 ,   E-50,  G-55,  M-15. PAFSC: IT131 - Aircrew Life Support 
Apprentice. DAS: 13 Aug 00. 

b.  Prior Sv:  (1) AFRes 4 May 99 -  30 Nov 99 (6 months 27 days)(Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB  1 Dec 99 for 4 yrs, Svd: 02 Yrs 01 Mo 26 Das, all AMS. 

b.  Grade Status:  AB  -  16 Nov 01 (Article 15, 16 Nov 01) 

Amn -  18 Jun 01 (vacation of Article 15, 8 Nov 01) 
A1C -  01 Apr 01 
A m  -  01 J u ~  00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 Nov 01, Fairchild AFB, WA -  Article 92.  You, did, 

at or near Thumrait AB, Oman, on or about 3 Nov 01, fail 
to obey a lawful general order, to wit:  paragraph 2e, 
General Order Number 1, Joint Task Force Southwest Asia, 
United States Central Air Forces, dated 29 Jan 97, by 
wrongfully displaying pornographic explicit images. 
Reduction to AB.  (No appeal) (No mitigation) 

(2) 08 Nov 01, Vacation, Fairchild AFB, WA -  Article 92. 
You, did, at or near Thumrait AB, Oman, on or about 3 
Nov 01, fail to obey a lawful general order, to wit: 
paragraph 2e, General Order Number 1, Joint Task Force 
Southwest Asia, United States Central Air Forces, dated 
29 Jan 97, by wrongfully displaying pornographic 
explicit images.  Reduction to Airman. (No appeal)  (No 
mitigation) 

( 3 )   18 Jul 01, Fairchild AFB, WA -  Article 92,  You, who 

knew of your duties at or near Airway Heights, 
Washington, on or about 6 Jun 01, were derelict in the 
performance of those duties in that you willfully failed 
to use your Government Travel Card for official travel 

and official travel related expenses only, as it was 
your duty to do.  Article 134.  You, being indebted to 
Bank of America Government Services in the sum of 
$440.85, for goods, money, and services charged to your 
government travel card, which became due and payable on 
or about 26 Jun 01, did, from 26 Jun 01 to 11 Jul 01, 
dishonorably fail to pay said debt.  Suspended reduction 
to Airman.  Thirty days correctional custody. 
(Appeal/Denied) (No mitigat ion) 

e.  Additional: LOCI  06 JUN  01 -  Dereliction of duty. 

RIC, 10 JAN 01 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 1 Dec 99 -  31 Jul 01  Fairchild AFB  2  (1nitial)REF 

h.  Awards &  Decs:  AFTR. 

i.  Stmt:  of Sv:  TMS:  (02) Yrs  (08) Mos  (22) Das 
TAMS:  (02) Yrs  (01) Mos  (26) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Aug 06. 

(Change Discharge to Honorable) 

Issue 1:  When I initially joined the U.S. Air Force I was very young and 

not capable in making rational decissions (sic) in my personal life.  That 
eventually came to haunt me during my military career.  But one way I carried 
myself exceptionally is through my work ethic &  my will to never give up.  I 
have since gotten my life together and I am also more mature in the way I carry 
myself emotionally.  I want to enlist for the national guard and really show 
what I can do.  I feel like I disgraced my country and T  want to show the Air 
Force that I am not all talk. 

ATCW 
1. DD Form 214. 

AIR FORCE - 
@DEPARTMENT  OF 
HEADQUARTERS 92D AIR REFUELING WING (AMC) 
FAIRCHILD AIR FORCE BASE WASHINGTON 

A 

L 

F P - 6 ~ & 3 / 8  

MEMcmANDLJM FOR AB L . -. . -. -. . -. . . . -. . -. . . . -. . -. -. . -. . . . -. . -. . . . -. . -. > 

92 OSS 

4  Jan 02 

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

3 

J. 

FROM: 92 OSS/CC 

SUBJECT; Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
Sactions  ixl  accordance  with  AF'PD  36-32  and  AFI  36-3208,  paragraph  5.49. 
If  my 
recommendation  is  approved,  your  service will  be  characterized  as  honorable or  general.  I 
recommend your service be characterized as general. 

2. My reasons for this action are: 

a.  On or about 9 Jan 01, you failed to show for a scheduled PHA at the hospital and failed to 

enter this appointment into CASS.  For this action, you received a record of individual 
counseling dated 10 Jan 0 1. 

b.  On or about 6 Sun 01, you failed to follow the prescribed guidelines in that you deployed 

to Prince Sultan Air Base, Saudi Arabia without your chemical warfare mask.  For this action, 
you received a letter of Counseling dated 6 Jun 01. 

c.  You, who knew of your duties at or near Airway Heights, Washington, on or about 6 Jun 
01 were  derelict  in the performance  of  those  duties  in that  you  willfully  failed to  use  your 
Government Travel Card for only official travel and official travel related expenses, as it was 
your duty to do.  For this action, you received an Article 15 dated 17 Jul01 and an Unfavorable 
Infomation File was established.  The punishment consisted of reduction to the grade of airman 
(suspended until 17 Jan 02) and 30 days correctional custody. 

d.  You, being indebted to Bank of America Government Services in the sum of $440.85, for 

goods, money, and services charged to your government travel card, which became due and 
payable on or about 26 Jun 01, did at or near Fairchild Air Force Base, Washington, Born 26 Sun 
01 to 11 Jul01, dishonorably fail to pay said debt.  This incident was included in the Article 15 
action referred to in paragraph 2c above. 

e.  You, did, at or near Thumrait Air Base, Oman, on or about 3 Nov 01, fail to obey a lawful 
general order, to wit: paragraph Ze, General Order Number 1, Joint Task Force-Southwest Asia, 
United States Central Air Forces, dated 29 Jan 97, by wrongfully displaying pornographic 
explicit images.  For this action, the suspended portion of your Article 15 punishment dated 17 
Jul01, which called for the reduction to the grade of Airman, was vacated.  In addition, you 
received an Article 15 dated 16 Nov 01.  The punishment consisted of reduction to the grade of 
airman basic, with new date of rank of 16 Nov 01. 

AMC-Global  Remhjor America 

3.  Copies  of  the  documents  to  be  forwarded  to  the  separation authority in  support  of  this 
recommendation are attached.  The commander 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 bk  characfterized.  If you  are discharged,  you will be 
ineligible for reenlistment in the Air Force. 

4.  You have the right to consult counsel.  Military I ~ g a l ~ u n s e l  has been obtained to assist you. 
; Area Defense Counsel, at 247-29 1 8 
I have made an appointment for you to consult Capti 
. You may consult civilian counsel at 
for an appointment on  4 .  Jan  02 
your own expense. 

130g-------- 

at 

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 
an extension for good cause shown.  I will send them to the separation authority. 

9  Jan 02  unless you request and receive 

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  are scheduled for a medical examination with Family Practice on7 Jan. 02 at  0800  . 
Report 30 minutes prior to your appointment to Physical Exams to complete a DD form 2697. 
Ensure  that  you  complete  this  form  prior  to  your  appointment.  Complete  all  follow  up 
appointments. 

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 your unit orderly room. 

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

C . - . . - . . - . . - . . - . . - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r n  

Commander 

5 Attachments: 
1.  RIC, dated 10 Jan 01 (2 pages) 
2.  LOC, dated 6 Jun 01 (2 pages) 
3.  Article 15, dated 17 Jul01 (3 pages) 
4.  Vacation of Nonjudicial Puinishment, dated 8 Nov 01 (3 pages) 
5.  Article 15, dated 16 Nov 01 (3 pages)