NAME OF SEKVICli, MEMHFK (L.AYI, PIKS'I  MII)1>I.I:  INITIAL) 

GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

AFSNISSAN 
............... 
............. 

MEMBER SITTIN 
.. + - ... .- ... .- 

INDEX NUMBER 

A67.90 

HEARING DATE 

CASK  NllMHEH 

KXHIBITS SUBMITTED TO THE BOARD 

I  ORDER APPOIN'I ING 'I'IIE  BOARD 

1  1 
1  2  1  APPLICATION  FOR  REVIEW OF DISCIIARGE 
1  3  1 
4 

I.ETTER  OF NOTIFICATION 
BRIEF OF IWKSONNEL FILE 
COUNSE1,'S  RELEASE TO 'I'H6 UOAKD 
ADDI'I'IC)NAL. EXHIBITS SIJBMITTLD AI'  IIMF OF 
I l S O N A L  Al~PEALANCE 

14PF RECORDING  OF PERSONAL.  AI'I'b.AICANCE  IHE 

- 

1 

1 

I 

I 

1 

1 

08 Mar 2007 
APPLICANT S ISSI'L: AND ll4E BOARD'S DECISlON4L RAllOhAL Am  DISLUSSED ON THt A'1'14CHFU AIR  FORCE DISCCIARGE REVIEW BOARD DECISIONAL k 4  I I 0 h A l . F  

FD-2006-00360 

I 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the riglit to a personal appearance withlwithout counsel, and the right to subtnit an 
application to the AFBCMR. 

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

X - Upgrade of Discharge and Change in  Reenlistment Code are Denied 

, ,, 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANI)OI.I'I  I  AFH, 'I  X  78150-4742 

SECRETARY OF THE AIR FORCE PhH60NNEI.  COIINCII. 
AIR FORCE DlSCllARCE REVIEW BOARD 
ISIS COMMAND DR, EE WINC, 3RD FLOOR 
ANDREWS AFB, MD 10761-7001 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMHKH 

FD-2006-003M) 

GENERAL:  The applicant appeals  for  upgrade  of discharge  to honorable  and  to  change the reenlistment 
code. 

The applicant was offered a personal  appearance before the Discharge Review Board (DRB) but declincd to 
exercise this right. 

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

FINDINGS:  Upgrade of discharge and change of reenlistment code 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:  Applicant  contends discharge was inequitable  because  it was too harsh.  The records indicated the 
applicant received  two Article  15s, one Letter of Reprimand and two Letters of Counseling for misconduct. 
The misconduct included driving without a license, failing to report to supervisor, misrepresenting himself as 
a  senior  noncommissioned  officer  and  a  first  sergeant,  making  a  false  statement,  dereliction  of  duty  and 
assault  on  another  correctee  while  in  correctional  custody.  The  DRB  opined  that  through  lhese 
administrative actions, the applicant had  ample opportunities to  change  his negative  behavior.  The Roard 
concluded  the misconduct was a significant departure froin conduct expecled  o r  all military  members.  The 
characterization of the discharge received by the applicant was found 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 AB)  (HGH AMN) 

1.  MATTER  UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Tinker AFB, OK on 1 Feb 
01 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge, and to Change the 
RE Code. 

2.  BACKGROUND: 

a. DOB: 25 Jun 80.  Enlmt Age: 18 0/12.  Disch Age: 20 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-70,  E-26,  G-27,  M-21. PAFSC: 2S031 -  Supply Management 
Apprentice. DAS: 6 Sep 99. 

b.  Prior Sv:  (1) AFRes 23 Jul 98 -  23 Mar 99 (8 months 1 day)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 24 Mar 99 for 4 yrs. Svd: 01 Yrs 10 Mo 08 Das, all AMS. 

b.  Grade Status:  AB -  14 Nov 00 (Article 15, 4 Dec 00) 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 4 Dec 00, Vacation, Tinker AFB, OK -  Article 92.  You, 
did, at or near Sheppard AFB, Texas, on or about 21 Nov 
00, assault another correctee by shoving him through a 
window.  Reduction to AB.  (No appeal)  (No mitigation) 

(2) 14 Nov 00, Tinker AFB, OK -  Article 86.  You, did, on 

or about 21 Oct 00, without authority, fail to go to 
your appointed place of duty, to wit: Building 469. 
Article 92.  You, who knew of your duties, on or about 
20 Oct 00, were derelict in the performance of those 
duties in that you negligently failed to complete the 
task of moving containers when told to do so, as it was 
your duty to do.  Suspended reduction to AB.  Thirty 
days correctional custody  (Mitigated to 3 days 
restriction to Tinker AFB, Oklahoma on 11 Dec 00). 
Reprimand. (No appeal) 

e.  Additional: LOR/UIF, 9 JUN 00 -  Misrepresented himself as a senior NCO 

LOC, 30 DEC 99 -  Failed to report to his supervisor as 

and a first sergeant, and making a 
false statement. 

LOC, 12 NOV 99 -  Driving a motor vehicle without a driver 

instructed. 

license. 

f .  CM:  None. 

g.  Record of SV: 24 Mar 99 -  1 Jul 00  Tinker AFB  3  (Cmdr D ~ ~ ) R E F  

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (02) Yrs  (06) Mos  (09) Das 
TAMS:  (01) Yrs  (10) Mos  (08')  Das 

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

(Change Discharge to Honorable, and Change the RE Code) 

So my reentry code will be changed so I can reenter. 

ATCH 
1. DD Form 214. 

72 MISSION SUPPORT SQUADRON (AFMC) 
TINKER AIR FORCE BASE, OKLAHOMA 

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

IVEMORANDUM FOR AB i -. -. -. . . . . . . . . . . . . . . . . . -. -. -. -. -. -. -. -. -. . i 72 MSS 
FROM:  72 MSS/CC 

Tinker AFB OK  73 145 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for Misconduct.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2, Conduct Prejudicial 
to Good Order and Conduct.  If my recommendation, is approved, your service will be 
characterized as honorable or general.  I am recommending that your service be characterized as 
general, 

2.  My reasons for this action are: 

a.  On 12 Nov 99, you received a Letter of Counseling (LOC), undated, for knowingly 

driving a motor vehicle without a drivers license.  See Atch 1, 

b.  On 28 and 30 Dec 99, you failed to report to your supervisor as you had been 

c.  On 25 May 00, you contacted your duty section claiming to be M~gti 

instructed to do.  As a result, you received a Letter of Counseling, dated 30 Dec 99.  See Atch 2. 
-----------. 
; h a  
subsequent phone call to your duty section, you correctly identified yourself to .................. :, 
informing her you had been apprehended by Security Forces.  Later you stated that the first call 
made was actually you and that the information concerning the supposed apprehension was a 
joke.  You also made a false follow-up statement that you had discussed the misconduct with 
your first sergeant when in fact you had not discussed it with him.  As a result, you received a 
Letter of Reprimand (LOR), dated 9 Jun 00, with Unfavorable Information File (UF) action. 
See Atch 3, 

,b1.1.1.1.1.1------. 

d.  On or about 21 Oct 00, without authority, you failed to go to your appointed place of 

duty, Bldg 469, Tinker Air Force Base, OK,  On or about 20 Oct 00, you were derelict in the 
performance of your duties in that you negligently faiIed to complete the task of moving 
containers when told to do so.  As a result, you received an Article 15, dated 14 Nov 00. 
Punishment was reduction to the grade of airman basic (suspended until  13 May Ol), 30 days 
correctional custody, and a reprimand.  See Atch 4. 

e.  On or about 21 Nov 00, at Sheppard Air Force Base, TX, you assaulted another 

conectee by shoving him through a window.  As a result, you received a Record of Proceedings 

of Vacation of Suspended Nonjudicial Punishment.  You were reduced to the grade of aiman 
basic, effective 14 Nov 00.  See Atch 5. 

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 and, if you are 
discharged, how yow service will be characterized. If you are discharged, you will be ineligible 
for reenlistment. 

3.  You have the right to consult counsel.  Military ---- 
i by your going to the office of Tinker 
I have made arrangements for you to consult Capti 
Area Defense Counsel, at Bldg 452, Tinker AF'B OK~'IY's January 2001 at 1300 hours.  If it is 
necessary to change this appointment time, call Capt Reed's office at 4051739-7713.  You may 
consult civilian counsel at yow own expense. 

legal --- counsel has been obtained to assist you. 

4.  You have the right to submit statements in youj oxbehalf'.  Any statements you want the 
separation authority to consider must reach me by $?~an!hy  2001, unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

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

6.  You were scheduled for a medical examination on 8 Jan 00 at 1015 hours, and you should 
have reported to the Tinker AFB Hospital, Physical Exam Section, on that date for the 
examination. 

7.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in the orderly room. 

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

.------------------------------------------------------. 
Commander, 72 Mission Support Squadron 

Attachments: 
1.  LOC, undtd 
2.  LOC, dtd 30 Dec 99 
3.  LOR, dtd 9 Jun 00, w/UIF 
4.  Art ' 15, dtd 14 Nov 00 
5.  Record of Vacation, dtd 4 Dec 00 
6.  Acknowledgment Ltr