Advise applicant of the decision of the Board, the right to a personal appearance withtwithout counsel, and the right to submit an 
application to the AFBCNIR. 

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

550 C STREET WEST, SIJITE 40 
RANDOLPH AFB, TX 78150-4742 

AIR FORCE DlSCllARCE  REVIEW BOARD 
1535 COMMAND DR, EE WINC,3RD FLOOR 
ANDREW5 APE, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00385 

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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article 15. three Letters of Reprimand, a Letter of Counseling, two Records of 
Individual Counseling and one Memorandum for Record for misconduct.  The applicant received an Article 
15 for failing to maintain his dorm room in satisfactory condition.  He was punished with a reduction in 
grade to Airman.  He was administratively disciplined for failing dorm room inspections, failing to maintain 
proper standards of personal hygiene and cleanliness, failure to go, and operating a vehicle without insurance 
or current registration.  The DRB opined that through these administrative actions, the applicant had ample 
opportunities to change his negative behavior.  The Board concluded the applicant's  misconduct was a 
significant departure from conduct expected of all military members.  The characterization of the discharge 
received by the applicant was found to be appropriate. 

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 
September 8, 1989) that he understood he must receive an Honorable discharge to receive future educational 
entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

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 AMN)  (WGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN ~ i s c h  fr USAF Hill AFB, UT on 31 Oct 
91 UP AFR 39-10, para 5-46, (Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 3 Mar 71.  Enlmt Age: 17 7/12.  Disch Age: 20 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-46,  E-87,  G-78,  M-92. PAFSC: 45234B -  Tactical Aircraft 
Maintenance Specialist.  DAS: 6 Mar 90, 

b.  Prior Sv: (1) AFRes 20 Oct 88 -  28 Aug 89  (10 mos 9 days)(~nactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 29 Aug 89 for 4 years. Svd: 02 Yrs 02 Mo 03 Das, all 

AMS . 

b.  Grade Status:  Amn -  24 Sep 91 (Article 15, 24 Sep 91) 

A1C -  28 Dec 90 
Amn -  28 Feb 90 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 24 Sep 91, Hill AFB, uT  -  Article 92.  In that you, who 

knew of your duties, on or about 12 Sep 91, were 
derelict in the performance of those duties in that you 
willfully failed to maintain your dorm room in 
satisfactory condition, as it was your duty to do. 
Reduced to Ann.  (~ppeal/~enied) (No mitigation) 

e.  Additional: LOR/UIF, 23 JUL 91 -  Failed regularly scheduled dorm room 

MFR, 15 APR 91 -  Flight chief's note about Failing room 

inspection. 

inspection. 

LOR, 29 JAN 91 -  Failure to maintain proper standards of 

personal hygiene and cleanliness. 

LOCI 28 NOV 90 -  Concerning keeping your living area clean. 
RIC, 19 JUL 90 -  Failure to go. 
DD 1408, 25 JUN 90 -  Operating a motor vehicle without 

LOR, 1 5   AUG 90 -  Operated a vehicle without insurance or 

insurance. 

RIC, 11 JUN 90 -  Failure to go. 

current registration.  Vehicle was 
ticketed and impounded. 

f.  CM:  None. 
g.  Record of SV: 29 Aug 89 -  28 Apr 91  Hill AFB  2  (1nitial)REF 
h.  Awards &  Decs:  AFOSSTR, SAEMR, AFTR, NDSM, SWASM W/2 BSS. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (00) Mos  (12) Das 
TAMS: (02) Yrs  (02) Mos  (03) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Sep 06. 

(Change Discharge to Honorable,) 

ISSUES ATTACHED TO BRIEF, 

ATCH 
1.  Applicant's Issues. 
2.  DD Form 214 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Piease read Instnrcrions on Pages 3 and 4 BEFORE completing this application.) 

OM6 No. 0704-0004 
OMB appmwl expires 
Aug 31, 2006 

fh. publlc mporthg bur* 
pth.ring and mlmddng tha 
of  mfommth, indudnp 
any  other pmvlsbn of Im=n 
PLEASE DO NOT  RETURN  YWR  FORM To THE ABOVE ORGANIZAOTION. 
PAGE. 

fs n-th. 

fa this mUmutlm of htomutlon la  .6tlmned to mvmpm 30  mlnUW p r  mapmu, hdudnp the d m  for nvbwlng Inmuctbnr, ol.rchlnu  lrlsdnp data mums. 

nnckd, and mpletinp a d  raviswing i h m  c a l l d m  of  hformat!on.  S a d  mmrrnnU rqarding this bwrhn artirrmW a my othr rsp.ct of thim  m U ~ n  

rhaN be d j t  to mny  rub for  h h  to mmply wkh rn  mlrnckn d informmiion if it dom not &plm 

 m thr Oapsrtrmnl of  Dnfmm,  brrcub\n S m k u  Writ. i07DCMK)4). Rsspondrrta shod$ b, warn that n

~
RETURN  COMPLETED FORM TO THE APPRDP~ATE ADPRESS ON BACK OF THIS 

cummly valid  OMB oontrd -kt. 

b h r

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o

 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553;  E.O.  9397. 
PRINCIPAL WRWSE(S): To apply b r  a change in the characteriration or reason Cr military discharge issued to an individual. 
ROUTINE USE(S1:  None. 
DISCLOSOFtE:  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  tThe oerson whose dischame is to be reviewed),  PLEASE PRINT OR TYPE IN~ORMRTI~N. 
I 
a.  BRANCH OF SERVICE (X one) 
.................... 
b.  NAME Alrst,  first,  Middh In~?iaI) 
2.  DATE OF DISCHARGE OR  SEPARATION  4.  DISCHARGE  CF~ARACT~R~ZATIO~Y RECEIVED  (X onel 1 5.  BOARD ACTION  RE~~JESTED (X 

a.  G R A ~ R A N N  AT DtSCMRQE 

d.  SOCIAL SECUFIITY NUMBER 

I MARIM CORW 

I COASTGUARD 

I AIR FORCE 

I ARMY  I 

1 NAVY 

E-2 

I 

I 

I 

tYYWMMDDI I#  date is mwe than  16 veers 
ago,  S ~ b n j t  8 OD F0IYll  149) 

3.  UNIT AND LOCATION AT DlSCHARGE 

OR  SEPARATIOM 

388th TFW Hill AFB UT 
Is.  ISSUES:  WHY  AN UPGRADE OR CHANG~ZEISEB~U 
3) 
I -%charged 
missed appointments. I missed a total of 3 appointments in over one and one-half years I was stationed there. They also had a mom 
inspection policy that if you failed a room inspection you received a re-inspecticm, if you failed the re-inspection you received a ILd: 
and a re-inkpection, if you M e d  that a LaR and re-inspection, if you failed that it moved up in severity. 

MFaij. and wasnegiven a chance. to dispute the reasom. The 388th TFW had a policy that gave h C s  forany 

AND JUP;l'IFIGAWN FOR THE REQUEST (Cmntim in Item  14.  See instmtiom on  ( 

I 

I 

I 

3. (X if epplkablel AN APWICATW WAS PREVDUSLY SUBMITTED OR IWWMMDQJ 

AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES.  JUSTIFICATION, OR EVIDENCE. 

8.  IN SL!PPQRT  OF TH16 APPLICATION,  THE FOLLOWNG ATTACHM'QOCUMENTS ARE SUBMLTTU) AS EVIDENCE:  (Continue in hem 17. 
only a copy of%b-214 

nts or medical mom% are relevant  to pur case, please #mi  copies) 

If n d i t a ~ ~  dbc 

9.  TYPE OF REVIEW REQUESTED /X one) 
u 1 CONDUCT A' RECORD REUW  OF  MY  DISCHARGE BASED ON MY MlLtfARY PERSONNEL F I E  AND ANY ADDITIONAL DOCUMENTATION 

-- 

- - a h e m 1 0 f  

L A  

I 

the i n s t r C t K ~ ~ ~ 2 C o U n S ~ r ~ ~ I . ~ ~ n t a t i v e ,  

-

-

 

c.  E-mAtl.  NIA 
d.  FAX NUMtKR IMude Area  Cadel 

NIA 

I 

I 

I 

- 

13.  CERTIFICATION.  I make the foregoing statements, a s  part of my clalm,  with fun knowledge of the 
penalties involued far wlllfuily making a false statement or claim.  (U.S. Code, Title  18, Sections 287 
. 
and  1001, provae thet en individual s M l  be fined under this ttte cw immisaned mt m e  then 5 veai-s. 
. 
or both.) 

a.  S l W T  URE - REQUIRED (AppIbent orperson in hem  f t above) 
-------  -----------  ----- 
......................... 

b.  DATE SIGNED - EQUIRED 

(WWMMDD) 

'6D  FORM 293. MAR 2004 

PREVIOUS EDITIONS ARE OBSOLETE. 

..-..-..-..-..-..-.-------J 

d.  FAX NUMBER (Indude Area Code) 
I 

CASE NUMBER 

(Do not  wdte in this specs.) 

: F b w  
I 

1 

Page 1 of 4 Pages 

! 14. CONTINUATION OF ITEM 6, ISSUES (If applicable) 
I only ever failed 3 room inspections in 1.5 years one of which was due to the bathroam flooding while I was at the movies. I never 
fded any re-inspections. I was accused of Poor Hygiene while in a Combat Zone (Dubai, UAE 1990-1991) by Airmen who slept at 
the back of the building (approx. 40fi away) while my bunk-mate stated they were wrong. I took 2 showers p a  24hr period while 
being a Crew Chief on the flight line for 1%  shifts. The Dorm ChieC who worked in Ops for 8hr shifts even during Combat 
Operatims, took the word of people 40ft away ova the Airman on the bottom buak. It is my AErmation that this was done in Spite 
and Dishonor. On the final room inspection (150CT91, the 3rd "surprisdrandorn inspection in 4 weeks)  I was asleep and on leave 
preparing to go home. I had asked my roommate to remove his pile of trash the previous night and all he did was put it in a large 
trash bag on top of the can, I only had a basket of Clean clothes I had hished late the night before. The rest of the roam was in 
good shape. We were woke up, berated for over a hdf-hour, and failed on our inspedun because our beds were unmade. We were 
then told the Commander was going to re-inspect in 2 hours and it had better be in top shape. This was, in fact, Excessive as we had 
not failed any inspections since 15JUL90. Our new First Sergeant was the same one who gave me a Letter of Counseling during 
Desert Storm for Hygiene. He mcouraped Fdse Witness statements h m  CQ who saw me pack my clothing and papers into trash 
bags and take thememto my car. The stat&mts testified that X "Removed 14 ~ a g s  of Trash" &m  my room. 
15. COMTlNUATlOlY OF ITEM 8, SUPPORTING DOCUMEWS IF appIcffW 

- 

1 6.  REMARKS (If applicable) 
I served my Country faithfully and I believe in Lady Liberty. I wish to continue my education and contniute to a smart and 
prosperous United States, to do this I need my Montgomery GI Bill benefits that I contriiute4, I.f~+la 
perpetrated upon me. I would have been a career Airman had this not occurred like my uncle; 
seek justice and believe it will be carried out. 

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

-Ns+age 

of Justice was 
:CMSGT (reserves). I 

- 

- " \ A -  

- 

- 

- 

I 

I 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St.  Louis,  MO  63132-5200 
(See http://arbs.army.pentagon.mil) 

AIR  FORCE 

Air  Force Review  Board* Agency 
SAF/MRBR 
550-C Street West,  Suita 40 
Randolph AFB,  TX  781 60-4742 

I 

NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
7 2 0  Kennon Street,  S.E. 
Room 309 (NDRB) 
Washingtoh  Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
2100 Second Street, S.W. Room 5500 
Washington,  DC  20593 

I 

DD FORM 293. MAR 2004 

Page 2 of 4 Pages 

i 

( 

DEPARTMENT O F  T H E  AIR  FORCE: 

3 8 8 T H  AIRCRAFT GENERATION SQUADRON (TAC) 

HILL AIR FORCE BASE, UTAH  84056-5000 

REPLY TO 

ATTNOF;  CC 

0 7  OCT  1991 

SUBJEC~:  L e t t e r   o f   N o t i f i c a t i o n  

.. --. 

1.  I am  recommending  y o u r   discharge  f r o m   t h e   U n i t e d   S t a t e s   A i r   Force  f o r  minor 
d i s c i p l i n a r y   i n f r a c t i o n s .   The  a u t h o r i t y  f o r   t h i s   a c t i o n   i s  AFR  39-10,  paragraph 
5-46. 
a r a t i o n   w i t h   a  general  discharge.  I am  recommending  t h a t   you  r e c e i v e   a  general 
discharge. 

t h i s   a c t i o n   c o u l d   r e s u l t   i n  y o u r   sep- 

I f  my  recommendation  i s  approved, 

2.  My  reasons  f o r   t h i s   a c t i o n   f o l l o w s :  

a.  On  o r   about  23  May  90,  a t   H i l l   AFB  UT,  you  f a i l e d   t o  r e p o r t   f o r   your 
i n i t i a l   Buddy  Care  T r a i n i n g   appointment.  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  Counseling  f r o m   t h e   Squadron  S e c t i o n   Commander. 

( a t c h   l a )  

b.  On  o r   about  25  Jun  90,  a t   H i l l   AFB  UT,  you  were  i s s u e d   DD  Form  1408, 

c i t a t i o n   #R672172, 
c u r r e n t   r e g i s t r a t i o n .   As  a  r e s u l t ,   your  v e h i c l e   was  impounded  and  you 
r e c e i v e d   a  L e t t e r   o f   Reprimand  f r o m   t h e   F i r s t  Sergeant, 

f o r   o p e r a t i n g   your  motor  v e h i c l e   w i t h o u t   insurance  o r  

( a t c h   I b )  

c.  On  o r   about  6  J u l   90,  a t   H i

l

l  AFB  UT,  you  e x h i b i t e d   poor  personal 

hygiene  and  room  c l e a n i n g   h a b i t s   as  evidenced  b y   a  l e t t e r   o f   c o m p l a i n t   b y  your 
r ~ o m m a t e  i n  room  258,  b l d g   523, 

t o   t h e   d o r m i t o r y   manager. 

( a t c h   I c )  

d.  On  o r   about  11  J u l   90,  a t   H i l l   AFB  UT,  you  f a i l e d   t o  r e p o r t   f o r   your 

w i r e   c h a f i n g   t r a i n i n g   appointment.  As  a  r e s u l t ,   you  r e c e i v e d   a  L e t t e r   o f  
Counseling  f r o m   t h e   Squadron  S e c t i o n   Commander. 

( a t c h   I d )  

-- 

. A 

e.  D r r - ~ r . - - a M & F l o v  90,  d i  d - d q t o y e d - l o c a t i u r ~ y u u  , ~ ~ i - w ~ ~ ~ ~  

.-&frrt.-&f-- 

.  - 

your  personal  hygiene  and  l i v i n g  area  t o   acceptable  standards.  As  a  r e s u l t ,  
you  r e c e i v e d   a  L e t t e r   o f   Counseling  from  t h e   F i r s t  Sergeant, 

( a t c h   l e )  

f .   On  o r   about  29  Jan  91,  a t   a  deployed  l o c a t i o n ,   you  f a i l e d   t o  m a i n t a i n  

t h e   proper  standards  o f   personal  hygiene  and  f a i l e d   t o  c l e a n   your  c l o t h i n g ,  
bedding,  and  l i v i n g  area.  As  a  r e s u l t ,   you  r e c e i v e d   a  L e t t e r   o f   Reprimand 
from  t h e   F i r s t   Sergeant. 

( a t c h   I f )  

g.  On  o r   about  15  Apr  91,  a t  H i

l

conducted  by  t h e   F i r s t  Sergeant  as  per  Memo  For  Record  dated  15  Apr  91. 
I g )  

l   AFB  UT,  you  f a i l e d  your  room  i n s p e c t i o n  
( a t c h  

h.  On  o r   about  10  J u l   91,  a t   H i

l

l   AFB  LIT,  you  r e c e i v e d   an  o v e r a l l   r a t i n g  

o f   u n s a t i s f a c t o r y  on  y o u r   r e g u l a r l y   scheduled  room  I n s p e c t i o n .   As  a  r e s u l t ,  
you  r e c e i v e d   a  L e t t e r   o f   Reprimand  and  a  U[F  was  e s t a b l i s h e d .  

( a t c h   I h )  

&(?Ldi-55 

L out LPzofE55ion 

i. On  o r   about  11  Sep  91,  a t   H i l l   AFB  LIT,  you  were  d e r e l i c t   i n  t h e  

performance  o f  your  d u t i e s   by  w i l l f u l l y  f a i l i n g  t o  m a i n t a i n   your  dorm  room  i n  
s a t i s f a c t o r y   c o n d i t i o n .   As  a   r e s u l t ,   you  r e c e i v e d   n o n j u d i c i  a1  punishment 
c o n s i s t i n g   o f   r e d u c t i o n  t o  t h e   grade  o f  Amn  w i t h   a   new  date  o f   rank  o f  24  Sep 
91. 

The  A r t i c l e   15  was  f i l e d   i n  your  UIF. 

( a t c h   l i )  

Copies  o f   t h e   documents  t o  be  forwarded  t o  t h e   s e p a r a t i o n   a u t h o r i t y   i n  support 
of  t h i s   recommendation 
o r   a   h i g h e r   author1 t y  w i
t h e   A i r   Force  and, 
characterized. 
i n  t h e   A i r   Force. 

The  commander  e x e r c i s i n g   SPCM  j u r i s d i c t i o n -  
l   decide  whether  you  w i  11  be  discharged  o r   r e t a i n e d   i n  

I f  you  a r e   discharged,  you  w i l l   be  i n e l i g i b l e   f o r   r e e n l i s t m e n t  

i f  you  a r e   discharged,  how  your  s e r v i c e  w i  11  be 

a r e   attached. 

-  -:-re- 

l

3.  You  have  t h e   r i g h t   t o   c o n s u l t   counsel.  M i l i t a r y   l e g a l   counsel  has  been 
o b t a i n e d   t o  a s s i s t   you.  I have  made  an  appointment  f o r   you  t o   c o n s u l t   Capt 
I - - - - - - - - - - -  : i n  b l d g  #396  on Cq  f)CT  qggl  a t  @o9  hours.  You  may  c o n s u l t   c i v i  1  i a n  
: . . -. -. . -  -1 
counsel  a t   your  own  expense. 

You  have  t h e   r i g h t   t o   submit  statements  i n  y o u r   b e h a l f .   An 

4. 
statements  you 
want  t h e   s e p a r a t i o n   a u t h o r i t y   t o   consider  must  reach  me  b y 1  0 0 T  1994  unless  you 
l   send  them  t o  t h e  
r e q u e s t   and  r e c e i v e   an  e x t e n s i o n   f o r   good  cause  shown. 
s e p a r a t i o n   a u t h o r i t y .  

I  w i

l

E 

5. 
f a i l u r e  w i

I f  you  f a i l   t o   c o n s u l t   counsel  o r   t o   submit  statements  i n  your  behalf,  your 

l

l   c o n s t i t u t e   a  waiver  of  y o u r   r i g h t   t o  do  so. 

I 

6.  You  have  been  scheduled  f o r   a   ~ i i e d i c a l  examination.  You  must  r e p o r t   t o  t h e  
P h y s i c a l   Exam  Section,  USAF  H o s p i t a l   H i l l   a t   0700  hours  on  9   Oct  91. 

7.  Any  personal  i n f o r m a t i o n   you  f u r n i s h   i n  r e b u t t a l   i s  covered  by  t h e   P r i v a c y  
A c t   Statement  as  e x p l a i n e d   i n  AFR  39-10,  attachment  6.  A   copy  o f   AFR  39-10  i s  
a v a i l a b l e   f o r   your  use  i n  t h e   388  AGS  O r d e r l y   Room. 

8.  Execute  t h e   attached  acknowledgement  and  r e t u r n   i t  t o  me  immediately. 
-..-..-....-..-..-.------------ 

J - - - - - - - - - - - - - - -  

2  A t c h  
I. S u p p o r t i n g   docunients  f o r   t h e   reason 

--- 

LOC  d t d   11  Jun  90 
LOR  d t d   15  Aug  90 
IvlFR  d t d   11  J u l   90 
LOC  d t d   19  J u l   90 
LOC  d t d   28  Nov  90 

f o r   d i s c h a r g e  
a. 
b. 
c. 
d. 
e. 
f.  LOR  d t d   29  Jan  91,  w/4  a t c h  
g. 
h.  AF  Form  1058  d t d   31  J u l   91, 

IvlFR  w/2  a t c h  

w/2  a t c h  

i. A r t   15  d t d   13  Sep  91  w/8  a t c h  

2.  Airman's  r e c e i p t   o f   l e t t e r   o f  

n o t i f i c a t i o n