NAME OF SERVICE MEMBER (LAST, FIRST MIDDIX INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

----------------- 
rYpE GEN 
7ywu's&b-@8"" 

NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

X 

RECORD REVIEW 

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

ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 

X 

ISSUES 

A94.06 

I  INDEX NUMBER 

A67.90 

IIEARING DATE 

CASE NUMBER 

I 

1  APPLICATION FOR REVIEW OF DISCHARGE 

1  (  ORDER APPOrNPI'ING THE BOARD 
2 
3  1  LETTER OF NOTIFICATION 
1  4 
1  BRlEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOAR11 
ADDITIONAL EX1 IIHITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAT, APPEAKANCE HE 

( 

22 Mar 2007 
*APPWCAM:S W AND THE B O A ~ D ~ C I S I O N A L  RA~ONAL AR@ DISCUSSED ON THE ATTACHED AIR FORCE DISCHAROE RPVIEW BOARD DECISIONAL RATIONAL6  ' 

FD-2006-00350 

I 

I 

Case heard in Washington, D.C. 

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

SAFfMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

SECRETARY OFTllEAIR  FORCE PFRSOhYFl  COllhCll 
AIR FORCE DIPCHARGKRUVltM  HOAKU 
1535 COMMAND DR, EE WING. 3HD FLOOR 
ANDREWS AFB, MD 20761-7W2 

AFIiQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATTONALE 

CASE NIJMBER 

FD-2006-00350 

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

The applicant was offered a personal  appearance bcforc thc Discharge Review Board (DRB) but dcclined to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The Board grants the requestcd relief. 

The  Board  finds  that  neither  the  evideilcc  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by  applicant, the Board finds the applicant's character of discharge inequitable. 

ISSUE: 

The applicant was discharged with an under honorable conditions (general) discharge for pattern of 
misconduct--conduct prejudicial to good conduct and discipline in May 2002.  The record indicates that the 
applicant received  a Letter of Reprimand  (LOR) for driving under the influence, an Article  15 for possessing 
and consuming alcoholic beverages while under the age of 2 1, and a vacation of Articlc  15 for being 
disrespectful to a senior noncommissioned  officer.  There were no other administrative actions taken against 
the applicant.  After thorough and complete consideration of the illformation submitted by the applicailt and 
those contained in the record, the Board coilcluded there was sufficient mitigation to substantiatc upgrade 
and change of the reason for discharge.  Specifically, the Board found the characterization was too harsh and 
that the reason for discharge did not rcflect the miscond~~ct correctly. 

CONCLUSIONS:  Thc  Discl~arge Review  Board  concludes  that  the  discharge  was  consistcnt  with  the 
procedural  and  substantive  requireincnts  of the  discharge  regulation  and  was  within  [he discretion  of the 
discharge authority and that the applicant was provided full administrative due process. 

However,  in  view  of  the  foregoing  findings,  the  Roard  furthcr  concludes  that  the  overall  quality  of  the 
applicant's  service is more accurately reflected by an Ilonorable discharge and the reason for the discharge is 
more  accurately  described  as  Minor  Disciplinary  Infractions.  Therefore,  the  applicant's  characterization 
should  be  changed  to  Honorable  and  the  rcason  for  discharge  should  be  changcd  to  Minor  Disciplinary 
Infractions undcr the provisions of Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE A I R   FORCE 

A I R   FORCE  DISCHARGE REVIEW  BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Offutt AFB, NE on 23 May 
02 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 01 Feb 82. Enlmt Age: 18 4/12.  Disch Age: 20 3/12. Educ: HS DIPL. 
AFQT: N/A.  A-61,  E-60,  G-50,  M-63. PAFSC: 2A631C -  Aerospace Propulsion TF33 
Jet Engine Apprentice. DAS: 5 Jul 01. 

b.  Prior Sv: (1) AFRes 14 Jun 00 -  29 Jan 01  (7 months 16 days) (Inactive) 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 30 Jan 01 for 4 yrs. Svd: 01 Yrs 03 Mo 24 Das, all AMS. 

b.  Grade Status:  AB  -  13 Feb 02  (Article 15, 13 Feb 02) 

Arnn  -  30 Jul 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Apr 02, Vacation, Offutt AFB, NE -  Article 91,  You, 
on or about 14 Mar 02, were disrespectful in deportment 
toward MSgtl L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
officer, then known by you to be a superior 
noncommissioned officer, who was then in the execution 
of his office, by abruptly interrupting his conversation 
and wrongfully accusing him of misconduct in front of 
other subordinates.  Forfeiture of $552.00 pay per month 
for 2 months, and 45 days extra duty. (No appeal)  (No 
mitigation) 

:,  a noncommissioned 

- 

- 

(2) 13 Feb 02, Offutt AFB, NE -  Article 92.  You, who knew 
of your duties, on or about 29 Dec 01, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from consuming alcoholic beverages 
while under the age of 21, as it was your duty to do. 
Article 92.  You, who knew of your duties, on or about 
29 Dec Ol.,  were derelict in the performance of those 
duties in that you willfully failed to refrain from 
possessing alcoholic beverages while under the age of 
21, as it was your duty to do.  Reduction to AB.  Forty 
five days extra duty  (suspended).  Suspended forfeiture 
of $552.00 pay per month for 2 months.  (No appeal) (No 
mitigation) 

t 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS, 
OFFUTT AIR  FORCE BASE, NEBRASKA 

55TH WING (ACC) 

MEMORANDUM FOR 55 WGICC 

FROM:  55 WGIJA 
SUBJECT: ----------------. 

Legal Review:  Administrative Discharge Action--ABi 
.....-..-..-..-. 

: 55 MXS (ACC) 

4 

C................... 

> 

, - - - - - - - - - - - - - - - - - - -  
1.  INITIATION OF ACTION:  On  18 April 2002,55 MXSICC notified ABi ....................  i he 
was recommending he be discharged for Misconduct--Pattern of Misconduct pursuant to AFPD 36- 
32 and AFI 36-3208, paragraph 5.50.2.  55 MXSICC further recommends AB: ---------- ieceive a 
general discharge without probation and rehabilitatiofi (P&R). 

, - - - - - - - - - 

2.  RESPONDENT:  The respondent is a twenty year-old Aerospace Propulsion Apprentice.  He has 
completed one year and two months of his four-year enlistment (TAFMSD:  30 January 200 1)  and 
was assigned to his unit on 5 July 2001.  This is his first enlistment. 

3.  REASONS FOR DISCHARGE: 

a,  AB ;-------- 

--------- 

i was derelict in the performance of his duties, on or about 29 December 2001, 

by failing to refrain from consuming alcoholic beverages while under the age of 2 1. 

b* ABi--------, 

' . . - . . - . . : was derelict in the performance of his duties, on or about 29 December 200 1, 

by failing to refrain from possessing alcoholic beverages while under the age of 2 1. 

For the incidents listed in paragraphs a and b, AB~-------- 
dated 13 February 2002, consisting of a reduction to the grade of E- 1,45 days extra duty 
suspended, and forfeitures of $552.00 pay per inonth for two months suspended. 

--------- i received Nonjudicial Punishment, 

c.  AB Penner was disrespecthl in deportment toward Master Sergeant: 

j by abruptly interrupting his conversation and wrongfully accusing him of 
--------- in front of other subord.inates on or about 14 March 2002.  For this incident 

.-..-..-..-..-.-. 
----------------- 
misconduct 
AB i --------- !received a Vacation of Nonjudicial Punishment, dated 2 April 2002, consisting of a 
forfeiture of $552.00 pay per month for two and 45 days extra duty. 

, - - - - - - - - - - - 
I --- --- --- - I  

--------- 
d- ABL -------- 

29 December 2001.  For this incident AB:--------' 
9 April 2002.  This LOR was added to his existing U P .  

!operated a vehicle while drunk, near kllevue, Nebraska, on or about 
:received a Letter of Reprimand, dated 

--------. 

- - - - - 2002, 

4.  RESPONDENT'S SUBMISSION:  By letter dated 22 April 
with counsel and submitted a statement.  In his statement AB: L.  . -. . -. - m  :accepts responsibility for 
his actions but feels that there was some injustice.  On 29 December 2001, AI3 ---------. 
:received 
Nonjudicial Punishment for drinking underage and being a minor in possession of alcohol.  He 
then received a Letter of Reprimand for driving under the influence of alcohol.  All of these 
incidents arose from the same course of conduct. 
the same incident.  As discussed below, AX3 I -------- !is misguided in his interpretation of the 
situation. 

--------- The respondent feels he was punished twice for 

- - - - ,  the respondent consulted 

- - - - - - - - - , 

5.  ERRORS AND IRREGULARITIES:  None. 

6.  DISCUSSION: 

a.  Basis for Discharge: Under AFI 36-3208, paragraph 5.50.2, airmen are subject to 

causing dissent, disruption, and degradation of 

-..-....-. 
- - - - - - - - l have degraded mission effectiveness and have 

discharge for a pattern of misconduct, which is prejudicial to good order and discipline.  This 
includes conduct of a nature that 'tends to disrupt order, discipline, or morale within the military 
comunity.  The misconduct usually involves 
mission effectiveness. The actions of 
negatively affected good order and discipline.  The respondent has received Nonjudicial 
Punishment for underage drinking and being a minor in possession of alcohol, a Vacation of 
Suspended Nonjudicial Punishment for displaying disrespect toward an NCO, and a Letter of 
Reprimand for driving under the influence.  In this case, the respondent's failure to adhere to 
rules and regulations has degraded mission effectiveness and negatively affected good order and 
discipline within his unit and the United States Air Force.  Therefore, the respondent's pattern of 
misconduct provides a sufficient basis for discharge. 
--------- 

b.  Appropriateness of Discharge: AB! 

!has committed offenses for which he has 

received one Nonjudicial Punishment, a Vacation of Suspended Nonjudicial Punishment, and a 
Letter of Reprimand.  The nature of the offenses demonstrates that the respondent has an obvious 
disregard for Air Force standards.  AB I ----- --- -_ : misconduct is prejudicial to good order and 
discipline and discharge is appropriate. 

----------. 

1 . - . . - . - - 1  

c.  Characterization of Service:  Table 1.3 to AFI 36-3208 provides that discharges for 

Misconduct--Pattern of Misconduct may be characterized as honorable, general, or under other 
than honorable conditions.  A general discharge is appropriate when significant negative aspects 
of an airman's conduct or duty performance outweigh positive aspects of the airman's military 
record.  The incidents of misconduct in this case clearlyoutweigh any positive aspects of AB 
I - - - - - - - - - - -  !military career.  Accordingly, a general discharge is appropriate. 

. - - - - - - - - - - a  

d.  Probation & Rehabilitation:  The respondent is eligible for P&R under AFT  36-3208, 

Chapter 7.  P&R is offered when it is reasonablypossible to do so for airmen who have 
demonstrated a potential to serve satisfactorily and airmen who have the capacity to be 
rehabilitated for continued military service or for completion of the current enlistment and whose 
retention on active duty in a probationary status is consistent with the maintenance of good order 
and discipline in the Air Force,  The initiating commander does not recommend P&R.  He 

- - - - - - - - - - - a  

:metal. 

believes that, despite being given opportunities to address his misconduct and change his 
behavior to that expected of him, the respondent has failed to make any improvement.  This is a 
case in which the respondent's misconduct has taken place over a relativelybrief period of time. 
It is conceivable that AB ! 
given an additional period of time within which to consider the consequences of his actions.  The 
P&R program under Chapter 7 of AFI 36-3208 is designed specifically for individuals like this. 
If you offer AB!--------- 
abeyance for a period of up to  12 months.  If AB: - - - - - - - - !commits any additional acts of 
----------- 
his discharge may be executed immediately.  P&R can be the true test of AB 
misconduct, 

_ _ _ _ _ _ _ _ _. :P&R, you are discharging ,.-....-.- 

!may be able to change his behavior to that expected of him 

him.  The discharge, however, is held in 

--------- 
--------- 

--------- 

e.  Legal Sufficiencv: This action is legally sufficient.  AB! 

--------- 
C . . . - . - . . ! suggests that he has been 
given a raw deal by virtue of the fact that he received Nonjudicial puniihment and a Letter of 
Reprimand for' the same incident.  In fact, ABL -------- !has benefited fiom the location of one of 
his misdeeds.  His drunk driving offense took place in Sarpy County, Nebraska.  Sarpy County 
utilizes a diversion program for first-time drunk driving offenders.  In essence, the diversion 
program simply forces the United States to delay its judicial or Nonjudicial action for the drunk 
driving offense.  Air Force Instructions prevent us fiom taking any such action until the civilian 
authorities complete their disposition.  We are, however, allowed to take administrative action 
even though the civilians have yet to perfect their case.  That is exactly what 55 MXSICC 
decided to do, and that decision was perfectly legitimate.  AB i - - - - - - - - a  
about the manner in which his commander has dealt with his misconduct.  Furthermore, AB 
I - - - - - - - - -  !has committed ample misconduct to sustain discharge in this case.  In our view, this case 
---------. 
would be sustained if challenged as some point in the future through an AFBCMR proceeding. 

i has no cause to complain 

-------- 

7.  OPTIONS:  As the special court-martial convening authority, you may: 

a.  Retain the respondent; 

b.  Approve discharge with a general discharge, with or without P&R; 

c.  Return the file to the unit with a recommendation that the respondent be processed for 

discharge with an under other than honorable conditions discharge; or 

d.  Forward the file to the general court-martial convening authority with a recommendation 

for an honorable discharge with or without P&R. 

4.  You have the right to consult counsel.  Military legal ----.-------------------- 
I have made an appointment for you to consult Captain; ----------------------,, 
302, Phone 4-3939, a t m O 0  on 
your own expense. 

counsel has been obtained to assist you. 
: Bldg 323C, Room 
I$2,  A  O;X,  You may consult civilian counsel at 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me by  23 A,, 
1 3 2   unless you request and 
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 on 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 55th Medical 
Group, &-T- 
your medical records prior to your appointment. 

for the examination.  Please pick up 

, at 1415  on 

1 8 4 lvl 

8.  You have been scheduled for an initial separation appointment.  You must report to the 55th 
Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 323C, at 
\ 

with your escort. 

on 

I 9 Rpr 

9.  You have been.scheduled for a pre-separation briefing.  You must report to the Family 
Support Center at  0 7 0 0  

for the briefing. 

on  25 A6{ 

10.  Any personal information you f i s h   in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in the unit orderly room. 

1 1.  Execute ,the acknowledgment provided and return it to me i  mediately. 

; .... a . . . n . . . L ?  .-..-..-..-..-..-..-: 

Attachments: 
Atch 1-1; NJPIUIF, dated 13 Feb 02 
Atch 1-2; Vacation, dated 2 Apr 02 
Atch 1-3; LOR, dated 9 Apr 02