NAME O F  SERVICE M E M R ~ H  (LAST, FIRST MlnDl,E  INITIAL) 

I  GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

MEMBER SITTING 

ISSIIES 

A94.05 

INDEX NUMBER 

A67.10 

I 

I 

EXHLBITS SIJBMITTED TO 'HIE BOARD 

I  ORDER  AIII'OINTMG  THE BOAR11 

1 
I 
1  2  1  APPLICATION FOR  Rf-;VIEW OF DISCHARGk 
1  3 
4 

1  LETTER OF NO.I'IFICATION 
BRIEF OF PERSONNF.1. FILE 
C:OUNSEL'S RELEASE TO '1'1  1E HOARD 
AI)I)ITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPBAKANCE HE 

1 

I 

I 

I 

I 

I 

1 

I 

1 
! 

1  YTARING DATE 
1  08 Mar 2007 
1  Case heard  in Washington, D.C. 

I 

I  CASE NIIMBER 
I  FD-2006-00362 

APPtlCANY'% IBSWE AND THE BOARD'S  DECISIONAt'RATAoNAL AW 1)ISCUSSEW  ON Tl*e ATThCHeD AIR FORCt DISCHARGE RCVlCW BOARD DECtSlONAL RATIONAI,E  ' 

' 

Advise applicant of the decision of the Board, the right to a personal appearance \vithlwitl~out counsel, and the right to submit an 
application to the AFBCMR. 

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

X - Upgrade of discharge and change of reason and authority is denied. 

SAFIMKHR 
550 C STREET WEST, SIJII'E 40 
RANDOLPH AFB, TX 78150-4742 

IH  IIOKC!E PERSO 
E REVIEW BOAR 

AFHQ FORM 0-2077, JAN 00 

Previous editio~~ will be ~lscd 

AIR FORCE Dl SCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

F

D

-

~

~

~

~

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 contaiils 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  rccord  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE:  Applicant contends his discharge  was inequitable because it was too harsh.  'l'he  records indicated 
the  applicant  reccived  five  Letters  of  Reprimand,  two  Letters  of  Counseling,  two  Rccords  of  individual 
Counseling  and  four  Memorandums  lor  Record  for  misconduct.  The  misconduct  included  financial 
irresponsibility,  sexual  harassment,  dereliction  of  duty  on  numerous  occasions,  failure  to  go,  poor 
communication.  making  a  false  statement,  unauthorized  access  to  a  database,  and  violation  of  dress  and 
appearance standards. The DRB opined  that  through  these  administrative  actions, the  applicant had  ample 
opportunities  to  change  his  negative  behavior.  Thc  Board  concluded  the  misconduct  was  a  significant 
departure from conduct expected o l  all military members.  The characterization of thc discharge reccived by 
the applicant was found to be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requireinei~ts 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 lurther 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 SGT)  (HGW SGT) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch f r   USAF Travis AFB, CA on 4 Feb 
93  UP AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge and Change Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Feb 65.  Enlmt Age: 20 4/12. Disch Age: 27 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-32,  E-81,  G-88,  M-69. PAFSC: 90650 -  Wealth Services Support 
Specialist.  DAS: 1 Dec 91. 

b.  Prior Sv: (1) AFRes 03 Jul 85 -  03  Nov 85  ( 4   months 1 day) (Inactive) 

Das, all AMS.  A m  -  4 May 86.  A1C -  4 Mar 87.  SrA -  4 Nov 88.  APRs: 9,9,8. 

(2) Enlisted as AB  4 Nov 85 for 4 years.  Svd: 3 Yrs 8 Mos 29 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 3 Aug 89 for 6 years. S v d :   3 Yrs 06  Mo 02 Das, all 

AMS . 

b.  Grade Status:  Sgt -  4 Nov 8 9  

c.  Time Lost:  None. 

d.  Art 15's:  None 

e.  Additional: LOR, 12 NOV 92 -  Dereliction of duty. 

RIC, 06 NOV 92 - Violation of AFR 35-10. 
MFR, 04  NOV 92 -  Utilized the AQCESS database, without 

authorization. 

LOR,  0 2   NOV 92  -  Dereliction of duty. 
CR, 28 OCT 92 -  Misconduct and dereliction of duty. 
LoR/UIF, 27 OCT 92 -  Dereliction of duty and making a false 

official statement. 

MFR, 15 OCT 92 -  False statement about scooter accident. 
RIC, 16 OCT 92 -  Poor Communication. 
LOR, 13 OCT 92 -  Failure to go. 
LOC, 06  OCT 92 -  Dereliction of duty. 
LOCI 22 SEP 92 -  Dereliction of duty. 
VC/MFR, 2 JUL 92 -  Sexually harassment. 
LOR, 23 AUG 91 -  Financial irresponsibility. 

f.  CM:  None. 

g .   Record of SV: 27 Dec 88 -  26 Dec 89  Lackland AFB  3  (Annual) 

27 Dec 89 -  26 Dec 90  ~ackland AFB  3  (Annual) 
27 Dec 90 -  10 Oct 91  Lackland AFB  3  (CRO) 
11 Oct 91 -  24 Nov  92  Kadena AB 

1  (Annual) REF 

h.  Awards &  Decs:  AFTR, NDSM, AFOSLTR, AFLSAR, AFGCM W/lOLR, NCOPMER. 

i.  Stmt of Sv:  TMS:  (07) Yrs (07) Mos  (02) Das 
TAMS:  (07) Yrs  (03) Mos  (01) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 29 Sep 06. 

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

Issue 1:  The facts were not supported by evidence.  I believe that there 

was someone there who felt that it was time for me to leave and I was beginning 
to feel as if this was true.  I took the discharge because it was indicated to 
me that I could either live with my situation or take the general discharge. 

ATCH 
1.  Separation Order. 
2.  Waterford Police Report. 
3.  Five character references. 

FROM:  18  MG/CCQ 
U n i t   5142 
APO  AP  96368-5142 

2  5  NOV  lta 

s g t  . b............-.-.-.---------------------------> 

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

18  MQ  (PACAF) ,  Kadena  AB,  J a p a n  

I 

am  r e c c m e n d i n g   your  d i s c h a r g e  

f r o m   t h e   United  S t h t e s   A i r   F o r c e   f o r  
1 .  
Misconduct-Minor  D i s c i p l i n a r y   I n f r a c t i o n s   a c c o r d i n g   t o   AFR  39-10, 
under  t h e  
p r o v i s i o n s   of  p h r a g r a p h   5-48.  Copies  of  t h e   documents  t o   be  forwkrded  t o   t h e  
s e p a r a t i o n   a u t h o r i t y   t o   s u p p o r t   t h i s   recommendation  ape  a t t a c h e d .  

2 .   My  r e a s o n s   f o r   t h i s   a c t i o n   a r e :  

I, 

a .   Between  31 

8 1 ,   you  w o t e   t h r e e   c h e c k s   w i t h o u t  
r e c e i v e d   a 
s u f f i c i e n t  
L e t t e r   of  Reprimand  and  a n   U n f a v o r a b l e   I n f o r m a t i o n   F i l e   was  e s t a b l i s h e d   on  2 3  
Aug  01  [Tab  1 - 1 ) .  

t h o s e   c h e c k s .   A s   a 

J u l   91  and  1   Aug 

t o   honor 

r e s u l t ,  

f u n d s  

you 

b.  On  2  J u l   9 2 ,   you  h a r a s s e d   a  f e m a l e   a i ~ ~ a n ,  whom  you  were  s p o n s o r i n g .  
f o r   Record  was 

tvere  v e r b a l l y   c o u n s e l e d   and  a  Memo 

you 

A 5   a 
a c c o m p l i s h e d   an  2   J u l   Q2  (Tab  1 - 2 ) .  

r e s u l t ,  

c .   On  22  Sep  9 2 ,   you  were  d e r e l i c t   i n   t h e   performance  of  your  d u t i e s .   A s  

a  r e s u l t ,   you  r e c e i v e d   a  L e t t e r   of  C o u n s e l i n g   on  22  Sep 92 (Tab  1-31. 

d .   .On  6  Oct  9 2 ,   you  were  d e r e l i c t   i n   t h e   performance  of  your  d u t i e s .   A s  

s ~ e s u l t ,  Y O U   r e c e i v e d   a  L e t t e r   o i   C o u n s e l i n g   on  6  Oct  92  (Tab  1 - 4 1 .  

e .  

.On  8 O c t   92 and  9  Oct  9 2 ,   you  f a i l e d   t o   go  a t   t h e   t i m e   p r e s c r i b e d   t o  
y o u r   a p p o i n t e d   p l a c e   of  d u t y .   As  a  r e s u l t ,   you  r e c e i v e d   a  L e t t e r   of  R e p r i m n d  
on  1 3   Oct  92  (Tab  1-31. 

f .   On 

14  Oct  92,  you  f a i l e d   t o   c o m u n i c a t e   i n f o r r : a t i o n   n e c e s s a r y   t o   t h e  
p e r f o r m a n c e   of  your  b u t i e ~ .  A 8   a   r e s u l t ,   you  r e c e i v e d   a  L e t t e r   of  C o u n s e l i n g  
on  16  Oct  92  (Tab  1-61. 

-.  . 

-  you 

-  ---g;---On-  1 5 - 0 c t -  92.; 
accbmpliahed  a  government  v e h i c l e   check  when  you, 
r e s u l t ,  
I n f o r m a t i o n   F i l e   was  i n i t i a t e d   and  y a u   were  p l a c e d   on 
2 8   Oct  92  (Tab  1 - 7 ) .  

you  had 
f a c t ,   hhd  n o t .   As  a 
you  r e c e i v e d   a  L e t t e r   of  fieprimand  on  27  Bct  9 2 ,   an  U n f a v o r k b l e  
t h e   C o n t r o l   R c s t e r   on 

f a l s e l - y - c o m ~ l ~ t K d ' A F  Form  1800-;--itXfT- ng - - - - - - -  

i n  

h .   Between  2 2   Get  92  and  30  Oct  9 2 ,   you  were  d e r e l i c t   i n   t h e   p $ ~ f o r m a n c e  
y o u r   d u t i e s .   A s   a  r e s u l t ,   you  r e c e i v e d   a  L e t t e r   of  Reprimand  on  2  Nov  92 

of 
(Tab 1-81. 

. . - - - -  

i .   On  16  Oct  9 2 ,   you  u t i l i z e d   t h e   AQCESS  d a t a b a s e ,   w i t h o u t   a u t h o r i t y ,   f o r  
4  Wov  92 

r e s u l t ,   you  were  v e r b a l l y  

c o u n s e l e d   on 

-  .. 

. 

, . 

- 

- 

-- 

-. ---.. 

-  -  -  - 

I 

p e r s o n a l   b u s i n e s s .   As  a 
[Tab 1-91. 

- . . . . . . . .  

j .   On 

3  Nuv  9 2 ,   you  were  i n   v i o l a t i o n   of  AFR  35-10. 

r e c e i v e d   a  L e t t e r   of  C o u n s e l i n g   on  6  Nov  92  (Tab  1 - 1 0 ) .  

A s   a   r e s u l t ,   you 

-  - 

..  -  ....... 

k .   On  about  10  Nov  92,  you,were derelict  in the  performance of your 
duties.  As  a  result,  you  received  a Letter  of  Reprimand on  12  Nov 92 
(Tab 1-11). 
.

-  .-  - 
. 

. . . . . . .  

. . . . . . .  

-  .

-. 

. 

. 

-

-

.

.

.

.

.

.

.

.

 

 - . . . . .  

. . .  

.

.

.

.

,  . 

3.  This  action  could reeult  in your  eeparation  with  an under  other than 
honorable  conditions  discharge.  I  am  recommending  that  your  service be 
characterized  as general.  The  commander exercising  SPCM jurisdiction  or a 
higher  authority will  make the  final decision  in this  matter.  If you are 
discharged, you will be  ineligible for reenli~tment in the Air Force. 

4 .   You have the right to: 

'  a.  Consult legal counsel. 

1, 

b.  Preeent your case to 'an adrai'niat~ative discharge board 

c .   Be 'represented by  legal counsel at a b0ar.d hekring. 

d.  Submit  statements in your own behalf in  addition to,  or in lieu of, 

the baard hearing. 

e .   Waive  the above rights.  You must consult legal counsel before making 

a daei~ion to waive any of your rights. 

4 L  . 

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

5 .   You have been scheduled  for a kedical examinktion.  You must report to the 
Physical Examinations Section,  18th Medical  Broup,  Kadena AB, at 
on  30 
6.  Milita~y legal counsel  CAP~ I 
has  been obtained  to assist 
you.  An  appointment  has been  scheduled for  you  to consult  (hirn/her)  on 
at the  Area Defense Counsel  at Building  1460.  Instead o f   the 
?P  u u f 9 ~ / 1 3 1 *  
appointed counsel,  you may have another,  if the lawyer you request is in the 
active military service arid  is reasonably available as dete~mined according  to 
AFR  111-1.  In addition  to military counsel,  you have the  right to eniploy 
civilian  counsel.  The  Air  Force  does not  pay  expenses  incident  to the 
employment  of  civilian counsel.  Civilian  counsel,-- if employed,  must be 
readily available. 
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-  . - . -  - -- -  - -- --  -  - -- - 

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

-

.

- 

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

7.  Confer  with  your counsel and  reply,  in writing,  within  7 workdays, 
specifying the rights you choose to exercise.  The statement muat be  signed in 
the  presence  of your couneel who also  will sign it.  If you waive your right 
to a hearing before sn administrative discharge b o a ~ d ,  you may  submit written 
statements  in your own  behalf.  I will  send the  statements to the discharge 
authority  with the caee  file to be  considered with this reconmcndation.  If 
you fail to respond, your failure will  constitute a waiver of  the right to the 
board hearing. 

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8 .   Any personal information you furnish In rebuttal  is covered by  the Privacy 
Act Statement as explained  in AFR  39-10, Attachment 2.  A  copy of AFR  33-10 is 
available for your use in the orderly room. 
-. --  - - 

. 

. -. 

-- 

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-

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.

 

8 .   Execpte 
.___________ 

t h e   a t t a c h e d   acknowledgment  grid 

_ _ _ _ _ _ - - - - - - - - I - - - - - - - - - - - - - - - -  

return  it  to  me 

i n m c d i a t e l y .  

. - 

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m

 n - - - - - - - - - v - - - - - - - . - - - - - - - - . - - - e - - - . - - - - - - - :  
S e c t i o n   Commander,  1 8 t h   Medical  Group 

- 

- 

3 - A t c h  
1 .   23  Aug  9 1 ,   LOR/UIF; 2  J u l   92, 
MFR:  22  Sep  9 2 ,   LOC;  6  Oct  9 2 ,  
LOC;  13  Gct  9 2 ,   LOR;  16  Oct  9 2 ,  
LOC; 28 Oct  92, LOR/UIF/Control 
Roster; 2 Nov  9 2 ,   LOR;  4  Nov  92, 
MFR; 6  Nov  9 2 ,   LOC; 12  Nov  92, 
LOR 
2 .   air man'^  Acknowledgment 
3 .   EPRsIAPRg