AIR FORCE DISCHAKGE REVIEW BOARD IIEARING RECORD 

NAME OF SERVICE MEMBER (LAST.  FIRST MIDD1.P INITIAL) 

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TYPE  GEN 
CoUN$Bb 

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PERSONAL APPEARANCE 

NAME OF COONSEL ANDOR ORCANIZAI ION 

GRADE 

A1 C 

AFSNISSAN 
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X 

RECORD REVIEW 

ADORESS AND OK ORGANIZATION OF COUNSEL 

YLb 

No 

X 

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ISSIIES 

~ 9 3 . 2  i 

MEMBER SITTING 

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VO'TE OF THE BOARD 

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'  X 

X 

X 

IN1IF.X NUMBER 

A67.90 

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ExwrerTs suamrrm TOTWF BOARD 

I  1  1  ORDER  APPOINTING 'I'IIE BOARL) 

AI'PLICATION  FOR REVIEW  C)F DISCHAKGE 
LETI'EK OF NOTIFICArrION 
BRIEF OF PERSONNEL FILE 
COUNSEI.'S  RELEASE '1'0 THE BOAI 

TO 

I 

SAFIMRBR 
550 C STREET Wkb 1 ,  SIJITE 40 
RANDOLPH APB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY Ob  THE AIR FORC'O Pb RWNNEL LOUNCII, 
AIR FORCE DISLHAHGF REVIEW  BOAHI) 
ISJSCOMMAND UK. EE W I N T . , ~ R D  I'LOOR 
ANDREWS AI'B,  h l ~  

20762  7002 

I 

(EF-V2) 

Previous edition will  be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATTONALE 

( ASE. NllhlRFR 

FU-20U6-00372 

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

The applicant was offered a persolla1 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  thc  evidence  of  record  nor  that  provided  by  the  applicant  substa~~tiates an 
inequity or impropriety that would justify  a changc of discharge. 

ISSUE:  The  applicant  contends  discharge  was  inequitable  because it  was  too  harsh  and  did  not  take  into 
account his medical  condition.  The member  was being treated for recurrent  ear infections  while  on active 
duty.  Following  a  review  of  all  available  facts  and  evidence  in the  case,  the  Board  found  no  causal  or 
mitigating  relationship  between  the  member's  instances  of  misconduct  and  his  medical  condition.  The 
records  indicated  the  applicant  reccived  three  Article  15s,  two  Letters  of  Reprimand,  one  Letter  of 
Counseling, and six Records  of Individual  Counseling for misconduct.  The misconduct  included  on divcrs 
occasions,  substandard job  performance,  failure to  complete assigned training, failure  to  go,  dereliction  of 
duty, and being late for work.  The DRB opined that through these administrativc actions, the applicant had 
ample opportunities to change his negative behavior.  The Board concluded the misconduct was a significant 
departure from conduct expected of all military members.  The characterization of the discharge reccived by 
the applicant was found to be appropriatc. 

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 thc 
discharge authority and that the applicant was provided f'ull 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 AlC)  (HGH SRA) 

------------------------------------. 
1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Offutt AFB, NE on 26 Aug 
02 UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 14 Aug 72,  Enlmt Age: 26 8/12.  Disch Age: 30 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-41,  E-50,  G-53,  M-32. PAFSC: 4A031 - Health Services Management 
Apprentice. DAS: 20 Dec 99. 

b.  Prior Sv:  (1) AFRes 29 Apr 99 -  02 Jun 99 (1 month 4 days)(Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 3 Jun 99 for 4 yrs. Svd: 03 Yrs 02 Mo 24 Das, all AMS. 

b.  Grade Status:  A1C -  13 Mar 02 (Vacation of Article 15, 18 Apr 02) 

SrA -  03 Oct 01 

c.  Time Lost:  None 

d.  Art 15's:  (1) 23 May 02, Offutt AFB, NE -  Article 86.  You, did, on 

or about 9 May 02, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Building 4000, Room 1F03.  Suspended reduction to 
Airman.  Twenty days additional duty, and a reprimand. 
(No appeal) (No mitigation) 

(2) 18 Apr 02, Vacation, Offutt AFB, NE -  Article 86.  You, 

did, on or about 25 Mar 02, without authority, fail to 
go at the time prescribed to your appointed place of 
duty, to wit: Ehriling Berquist Hospital, Emergency 
Room.  Reduction to A1C.  (No appeal)  (No mitigation) 

(3) 13 Mar 02, Offutt AFB, NE -  Article 86.  You, did, on 

or about 15 Feb 02, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Ehriling Berquist Hospital, Room 1K47.  Suspended 
reduction to A1C.  Fifteen days extra duty. (No appeal) 
(No mitigation) 

e.  Additional: LOR, 07 AUG 02 -  Failure t o  go. 

RIC, 08 MAY 02 -  Failure to complete assigned training. 
RIC, 18 APR 02 - Dereliction of duty. 
RIC, 05 MAR 02 -  Late for work. 

[YYYYMMDO)  (I/ date is more than  15 years 
ago, subrnir P  DD Form 1491 

August  13,2001 

3.  UNIT AND LOCATION AT DISCHARGE 

I Offun APB 55 

OR  SEPARATION 

% 
--- 

HONORABLE 
GENERALIUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONbITIONS 
BAD CONDUCT  [Spsclel court-man101 only) 
UNCHARACTERIZED 
OTHER  lExplainl 
I 

I 

5.  BOARD ACTION REQUESTED (Xonel 
)C 

CHANGE TO  HONORABLE 
CHANGE TO  GENERAUUNDER 
HONORABLE CONDITIONS 
CHANGE TO  UNCHARACTERREO 
[Nor applicable for Alr Force) 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

APPI,ICATION  FOR 'THE  REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages 3 end 4 BEFORE completing this applicarion.) 
- -- - -  -~ . . ... 

Form Approved 
OMB  No. 0 7 ~ 0 ~ 4  
Expires Aug 31,  2W6 

Tho  public rmpOrting burdan tor  this collaction of  Information is estimelmd to  8ver4ge 30 minutes per  rasponsa, including the lime for mviawinp Imtrustions. rr4tching exibting data aourear. 
pathmring and maintaining thm  d8r8 nemded. end compl8ling and reviewing tha collaction of infommtion.  Sond comments rmprrding h i s  burden marimate or  any othar aspam of  this collection 
Including suggertionr for reducing thm  burdon, to tho Ompartmen! of  Dafmna.,  Exswtivo Servicms and Comrnuniearuns Dirmotontm lO7OCDaWl. Raspond.nts should be  rw8rm 
of inlor&tion. 
that norwithrt8ndinp mnv  olhmr  provision d law,  no  pmrron  Shell  bm  eubian lo any  penalty tor  failing to comply  with  a collmction of  mfommlion if  it does n d  d i l p l ~ y 8  currqnlly vrlld OM8 
control  number.  PLEASE  DO  NOT  RETURN YOUR  FORM TO M E  ABOVE  ORGANIZATION.  RETURN COMPLETED  FORM  TO  THE  APPROPRIATE  ADDRESSON 
BACK  OF  THlS PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  7553: E.O. '9397. 
PNNClPALPURPOSEIS): To. apply .!or  achageir?. the.characte!ixalion or reason for  militaw_djs.c!'!arge  issued !o  an,i.ndividual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary; however, failure to provide identifying information may impede processing of  this application.  The request for 
Social Security Number is strictly to assure proper identification-of the individual and appropriate records. 
1.  APPLICANT DATA  (The person whose discharge is to be reviewed).  PLEASE PRINT OR TYPE INFORMATION. 
a.  BRANCH OF  SERVICE  (X one)  I 
1 x I AIR  FORCE 
!I: - EF-@(&t~I,  f$sl,-&<+: !~i!lall 
.c..-....-..-.-..-.-----.: 
2.  DATE OF DISCHARGE OR SEPARATION 

d.  SOCIAL SECC?!T- +!-+!- 

4.  DISCHARGE CHARACTERIZATION RECEIVED [Xonet 

1 MARINE  CORPS 

c.  GRAOEIRANK  AT DISCHARGE 

I COAST WARD 

1 ARMY 

AIC 

NAVY 

1 

:-.-..-....-..-m 

Pe  e 3.) 

6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST /Continue in Item 1'4. See insrrucrions on 
My dsmlssal from the United States Air Force and the reasons given me for it were unfair and inequitable given: (1) that my 
tardiness issues (the singular reason given me for my abrupt dismissal) I was cited for were the sole product of my ill health and not 
neglect to duty; (2) that my command team to which I reported for the majority of my tour of duty had no issue with my 
performance; (continued in Item  14) 

7.  (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMIlTED ON IYYYYMMDD) 

LYIA 

AND THlS FORM IS SUBMIlTED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION,  OR EVIDENCE, 

8. 

IN SUPPORT OF THlS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARk  SUBMITTED AS EVIDENCE: fConrtnue in /ram  17. 
If milir~ry documents or medical records are relevsnr to your case,  please send copies.) 

Medical records supporting my ear canal condition, including previous insertion of surgically implanted drainage tubes several years 
prior to my entry into the military service, are a matter o f  record with my medical health file. 
1 

9.  w P E  OF REVIEW REQUESTED (x one) 

[See Ircm 10 o f  the insrmcrlons ebour counsel/nprcsentati~e.I 

I 

e.  E-MAIL 

d.  FAX NUMBER llnclude AIM  Code) 

1 

11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the record In question is that of a deceased or incompetent person, LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the appllcatlon la signed by other than the applicant,  indicate 
the name lpdntl 
SPOUSE 

and relationship by marking s box below. 
LEGAL REPRESENTATIVE 

NEXT OF  KIN 

WIDOWER 

WIDOW 

12.a. CURRENT MAILING ADDRESS  OF APPLICANT OR  PERSON ABOVE 

[Forward notilicat~on of any change in address.) 

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

. - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

b.  TELEWP-M N.L!A?BEPPIIWu,de Area Codel 

C,  E-MAIL 

d.  FAX NUMBER llnc/udc Ares Code) 

13.  CERTIFICATION.  make the foregoing statements,  as part of my claim,  with full knowledge of the 
penalties involved for willfully msklng a fslte statement or claim.  (U.S. Code,  Title 18, Sections 287 
and 1 W 1,  provide that an individual shall be fined under this title or imprisoned not more than 5 years, 
or both.) 

b.  DATE SIGNED -  RtQUldED 

f YYYYMMDD) 

CASE NUMBER 

(Do not write in this space. 

5/6/05 

PETITION FOR UPGRADE 

p-4~46372 

NOW COMES the undersigned Petitioner; ------------------------. 

1 and for his (1) Application 

,...............-.-.~.~.- 

for the Review of Discharge from the Armed  Forces of the United  States; and (2) Petition for 

Upgrade, states as follows: 

1. 

I entered the United States Air Force in June 1999.  I did so for several reasons 

including to further my education; and to reestablish, in a disciplined way, the pursuit of my career 

path  and goals after the untimely death of my younger brother.  Both  of my grandfathers were 

veterans of World War 11, and my father served as a Ranger and Forward Observer in Vietnam. Two 

of my uncles served in the Air Force, and one in the United States Navy.  All served honorably. 

2. 

3, 

My enlistment period was for four (4) years. 

For basic training, I was assigned and completed my initial training at Lackland Air 

Force Base, San Antonio, Texas. 

4. 

I, thereafter, transferred to  Sheppard Air Force  Base,  Wichita Falls, Texas, and 

entered Technical School upon  my selection of Radiology as my course of  study.  Having no 

previous course work in Radiology, as did many others in my class, I was reassigned and completed 

course work as a Medical Records Technician. 

5. 

My initial assignment following receipt ofmy diploma was to Offutt Air Force Base, 

Omaha, Nebraska at Erhling Berquist Air Force Hospital. 

6. 

Included in my general job duties and responsibilities, in no particular order, among 

others, were initial creation of patient records, retrieval of record entries for patients from areas 

throughout hospital, checking idchecking out records to various departments, keeping records filing 

up to date, retiring completed patient files, various administrative assignments such as acting as desk 

customer service representative, etc. 

7. 

To maintain general medical records technician job  responsibility currency, I was 

additionally scheduled for ongoing course work (CDC training). 

8. 

In this assignment, I was generally scheduled to the day shift working 8:00 a.m. to 

5:00 p.m. Monday through Friday, reporting to the Medical Records area of the hospital under the 

supervision of Staff Sergeant : 

L.....-.-.-......-.--I 

9. 

In addition to this assignment, I also pulled periodic security duty responsibilities at 

the hospital to protect against unauthorized entry. Following the September 1 1,2001 tenorist attack 

on our nation, my security detail assignment became more regular and urgent.  Ln fact, my security 

detail scheduling frequently extended into weekday evening hours and included duty on weekends. 

10.  My hospital security assignment required additional security team training, both in 

the classroom and in the field.  This training, too, was ongoing. 

1 1. 

Up until  approximately 12 to  18 months before my expected normal tour of duty 

completion (end ofMay 2002),  my duty assignments proceeded uneventfully. However, this is not 
to say that sergeant i 

!was not a tough taskmaster expecting top performance fiom me as 

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

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

well as others. 

12.  At no time during my reporting to my immediate supervisor was it ever made known 

to me that anything about my performance might jeopardize my ability to successfblIy complete my 

tour of duty. 

13. 

This is true, even though I was continually suffering from ear infections brought 

about in large part by problems with blockages in my ear canal drainage tubes. For these problems, 

I received antibiotics and other medical assistance fiom the hospital's clinic staffto relieve my fever, 

distress and discomfort. 

H~~ADQUAWERS, 
OFFU~T AIR FORCE BASE, NEBRASKA 

OF THE AIR FORCE 
SSTH WING (ACC) 

/ Z p v b - & 3 3 7 2  

FROM:  55 MDOS/CC 

SUBJECT: Letter of Notification 

1.  I am recommending your discharge from the United States Air Force for Misconduct--Pattern 
of Misconduct.  The authority for my recommendation is AFPD 36-32 and AFI 36-3208, 
paragraph 5.50.2.  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 14 January 2000, you were late for duty.  For this incident you received a Letter of 

Counseling, dated 14 January 2000.  (Atch 1 - 1) 

b.  On 9 June 2000, 12 June 2000, and 14 June 2000, you were late for duty.  For this incident 

you received a Record of Individual Counseling, dated 14 June 2000.  (Atch 1-2) 

c.  On 24 October 2001 and 2 November 2001, you were late for duty.  For this incident you 

received a Record of Individual Counseling, dated 2 November 2001.  (Atch 1-3) 

d.  On 6 November 2001, you were conducting personal business on the telephone,  On 6 
November 200 1, you improperly booked an appointment.  On 7 November 200 1, you did not 
properly check in a patient.  For these incidents you received a Record of Individual Counseling, 
dated 7 November 2001.  (Atch 1-4) 

e.  On 9 January 2002 and 12 January 2002, you were late for duty.  On 18 January 2002, you 

failed to report for a security team detail.  For these incidents you received a Letter of 
Reprimand, dated 29 January 2002.  (Atch 1-5) 

f,  On 5 March 2002, you were late for duty.  For this incident, you received a Record of 

Individual Counseling, dated 5 March 2002.  (Atch 1-6) 

g.  On 15 February 2002, you failed to go to your appointed place of duty.  For this incident 

you received Nonjudicial Punishment, dated 13 March 2002, consisting of a suspended reduction 
to the grade of Airman First Class and fifteen days extra duty.  In addition, this action established 
an Unfavorable Information File (UIF).  (Atch 1-7) 

h.  On 25 March 2002, you failed to go to your appointed place of duty.  For this incident you 

received Vacation of Suspended Nonjudicial Punishment, dated 18 April 2002, consisting of 
reduction to the grade of Airman First Class, with a new date of rank of 13 March 2002.  In 
addition, this action was placed in y o u  existing UF.  (Atch 1-8) 

i.  On 9 May 2002, you failed to go to your appointed place of duty. For this incident you 

received Nonjudicial Punishment, dated 23 May 2002, consisting of a suspended reduction to the 
grade of Airman, twenty days extra duly, and a reprimand.  In addition, this action was placed in 
your existing UIF.  (Atch 1-9) 

j.  On 26 July 2002, you failed to report for a security team detail.  For this incident you 

received a Letter of Reprimand, dated 7 August 2002.  (Atch 1-1 0) 

3.  Copies of the documents to be fonvarded 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.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force and probably any other 
branch of the military. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you 
302, Phone 4-3939, at 
your own expense. 

................-.-.-.-. Bldg 323C, RM 

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  1b & d L  
unless you request and 
receive an extension for good cause shown.  I will send thrm to the separation authority. 

6.  1'f 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. 

r a medical  xarninatio  Y  u w e p o r t  to the 55th Medical 

for the examination. 

at  /&n  on 

cords prior to your appointment. 

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

mb  on  I L - &  with your escort. 

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

for the briefing. 

on 

10.  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 the unit orderly room. 

- - 

11. Execute the acknowledgment provided and return it to me immediately. 

.-------.-----------m------------------------------ 
' Commander, 55  Medical Operations sq;adron 

Attachments: 
Atch 1-1; LOC, dated 14 Jan 00 
Atch 1-2; RIC, dated 14 Jun 00 
Atch 1-3; RIC, dated 2 Nov 00 
Atch 1-4; RIC, dated 7 Nov 00 
Atch 1-5; LOR, dated 29 Jan 02 
Atch 1-6; RIC, dated 5 Mar 02 
' Atch 1-7; NJPIUIF, dated 13 Mar 02 
Atch 1-8; Vacation of NJP, dated 18 Apr 02 
Atch 1-9; NJPtUIF, dated 23 May 02 
Atch 1 - 10;  LOR, dated 7 Aug 02