I 

1 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

.  ---  --- 

" " ' ' ' ' ' c a ~ ~  

I 

PERSONAL APPEARANCE 

NAME OFCOIJNSEL  AND OR ORGANIZATION 

GRADE 

A1 C 
x  I 

I 

AFSN/SSAN 

RECORDREVIEW 

AIIORF.55 AND OR ORGANIZATION OF COLlNbEL 

YES 

Nu 

I 

I 
I x l

I 

I 

 

MEMBER SITTING 

I 

HON 

I 

VOTE OF THE BOAMI 
." 

u~I'IIc  I  OTHER 

GLN 

I 

DENY 

APPl  ICA I  ION  FOR  REVIEW OF DISCtIARCiF: 

ORDER APPOINTING THE DOARI) 

1 
2 
3  1  Lt l l bK OF NOTIFICATION 
1  HKlEF OF PERSONNEL  FILE 
4 

CASL NUMHFH 

COUNSPI  'S  RELEASE TO THE BOARD 
AI)IlI I  IONAI  EXHIBITS SUBMIT1 LD A l 
PERSONAL APPCARANCL 

I  [MI- OF 

TAPE RI,CC)KI)ING  0 1 -   I'FRSONAL  APPI ARANC I 

I  I I  

ISSVE AND THE BOARD'S DECISIOhAL R.ATION4L. 4RE DISCISSED ON W E  ATTACHED AIR FORCE DISCMKGE RF\'IEW ROhRD DECISIONAL RATIONALE 

I  FD-2006-00409 

I 

I 

I 

I 

I 

IlEARlNG DATE 

1  20 Mar 2007 

@&&ANT'S 

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 AFBCNIR. 

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

* CHANGE REASON AND AUTHORITY  TO SECRETARIAL AlJTHORITY 
+ REENLISTMENT' CODE 

SAF/MRBR 
550 C STREET WEST. SUITE 40 
RANDO1 .PI I  AkH,  I'X  781 504742 

I 

I  F R O M  
. 

. 

1 

btC'Ht IAHY OFTllE AIR  FORCE PLHSOh\kI  COI  Kf'lL 
AIR  FORCE l)I\(HAltC;E  REVIEW B O I R D  
ISM COhlM4\1)  1)H.  EE WIVC.3RD  FLOOK 
ANnREWS AFB, M D  20762.7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m)-2006-00409 

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

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:  The  discharge  is  upgraded  to  honorable  and  the  reason  for  discharge  is changed to  Minor 
Disciplinary Infractions.  Change of reenlistment code is denied. 

ISSUE: 

The applicant received a general discharge for Misconduct, Commission of a Serious Offense.  The applicant 
contends at the time of his discharge he was in the middle of a divorce with the possibility of losing his 
children.  At the time, he thought the best thing to do was to request a hardship discharge so that his ex-wife 
could not use the military against him to obtain custody of his children.  The hardship discharge request was 
denied and he was offered a general, under honorable discharge with the understanding that he would be able 
to upgrade his discharge at a later time.  Since his discharge, the applicant has expressed a desire for upgrade 
of his discharge to qualify for a reenlistment into the armed forces.  While a discharge may be upgraded, the 
upgrade is by no means automatic.  A discharge is upgraded only if the applicant and the DRB can establish 
an inequity or impropriety took place at the time of discharge.  After a thorough and complete consideration 
of the information submitted by the applicant, and information contained in the record, the Board concluded 
there was sufficient mitigation and extenuation to substantiate upgrade of the discharge and to change the 
reason for the discharge.  The Board did not agree to change applicant's reenlistment code. 

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. 

However, in view of the foregoing findings, the Board further concludes that the overall quality of 
applicant's service is more accurately reflected by an Honorable discharge and the reason for the discharge is 
more accurately described as Misconduct, Minor Infractions with a Separation Program Designator as 
"JKN"  under the provisions of Title 10, USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

ATR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH SRA) 

L....-..-.-..-....---------------. 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Dover AFB, DE on 17 Jan 
96 UP AFI 36-3208, para 36-3208, para 5.52.3 (Misconduct -  Commission of a 
Serious Offense).  Appeals for Honorable Discharge, to Change the RE Code, and 
Reason for Discharge. 

2 .  BACKGROUND : 

a. DOB: 18 Sep 67.  Enlmt Age: 22 5/12.  Disch Age: 28 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-35,  G-50,  M-62. PAFSC: 25051 -  Inventory Mangagement 
Journeyman.  DAS: 11 Nov 92. 

b.  Prior Sv: (1) AFRes 2 Mar 90 -  13 Jun 90 (3 months 12 days) (Inactive). 

( 2 )   Enlisted as A1C 14 Jun 90 for 4 years.  Extended 13 Aug 

92 for 10 months.  Svd: 03 Yrs 03 Mo 29 Das, all AMS.  SrA -  14 Oct 92. 
EPRs: 5,5,5. 

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 13 Oct 93 for 4 years. Svd: 02 Yrs 03 Mo 05 Das, all 

AMS.  (EXAMINERS NOTE: DD FM 4 MISSING FROM MPR) 

b.  Grade Status:  A1C -  25 Sep 95  (Article 15, 25 Sep 95) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 25 Sep 95, Dover AFB, DE -  Article 90.  You, having 

received a lawful command from L T C ~  ....................... 
:  your 
superior commissioned officer, then known by you to be 
your superior commissioned officer, to complete AF Form 
357, the Dependent Care Certificate, in compliance with 
AFI 36-2908, or words to that effect, d i d ,   on or about 1 
Sep 95, willfully disobey the same.  Reduced to A1C and 
forfeiture of $150.00 pay.  (No appeal) (No mitigation) 

e.  Additional: LOR, 19 JUL 95 -  Failure to complete the Dependent Care 

Certificate. 

f.  CM:  None. 

g.  Record of SV:  03 Aug 93 -  02 Aug 94  Dover AFB  5  (Annual) 

03 Aug 94 -  02 Aug 95  Dover AFB  4  (AnnualIREF 

h.  Awards &  Decs:  AFLSAR, AFTR, NDSM, AFOUA W/1 OLC, AFGCM. 

i.  Stmt of Sv:  TMS: (05) Yrs  (10) Mos  (16) Das 
TAMS:  (05) Yrs  (07) Mos  (04) Das 

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

(Change  isc charge  to   on or able,  to Change the RE Code, and Reason for 

Discharge. ) 

Issue 1:  1 would like to join the ANG however to do so I need an Honorable 

discharge.  A t   the time of my discharge I was in the middle of a divorce with 
the possibility of losing my children.  I thought at the time the best thing to 
do was try for a hardship discharge so my ex wife could not use the military 
against me in getting custody of my children.  I spoke to my First shirt and was 
told that there should be no problem with me getting the hardship. 
Unforturnately the hardship did not go through and was offered an under 
honorable discharge and was told that 1 would be able to upgrade it to an 
Honorable discharge at a later time so 1 took what they offered me.  Since then 
I just have not thought about it until 5 years ago when I decided I really 
wanted to be part of the Service and started to look into joining.  I am now at 
the point to make this change and deserve to have an honorable discharge 
because, my entire time in the military I was an outstanding Airmen and deserve 
to have the proper type of discharge which reflects my time in the service. 

ATCB 
None 

FROM:  43 6 SUPS/CC 
63 9 Evreux St. 
Dover AFB DE 19902-6639 

SLTBECT:  Notification Letter 

1.  I withdraw the discharge proceedings initiated against you on 14 Dec 95.  I am initiating new 
discharge proceedings against you according to this memorandum. I am recommending your 
discharge from the United States Air Force for Commission of a Serious Offense.  The authority 
for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.52.3.  If you are discharged for the 
commission of a serious offense your service will be characterized as Honorable, General or 
Under Other Than Honorable Conditions.  I am recommending that your service be characterized 
as General. 

2.  My reason for this action is that you have committed a serious offense on two separate 
occasions.  Specifically, on 12 June 95, you willfully disobeyed a lawful order fiom 436 
SUPS/CCF to complete AF From 357 (Dependent Care Certification).  Also, on 1 Sep 95, you 
willlfully disobeyed my la*l 
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.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

order to complete AF From 3 57, (See attachments 1 a and 1 b) 

: Bldg 263, Room 
3.  You have the right to consult counsel.  Military legal counsel, Capt 
3 18, ext 6995, has been obtained to assist you.  An appointment has been scheduled for you to 
consult with him at 0900 19 Dec 95.  You may consult with civilian counsel at your own expense. 

. - - - - - - , 
--- --, 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 26 Dec 95 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, your failure will 
constitute a waiver of your right to do so. 

6.  You were scheduled for a medical examination.  You reported to Bldg 305 on 15 Aug 95 at 
0730 hours for the examination. 

7.  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 Orderly Room (Bldg 639 Rm 221). 

L - - - - - - - - - I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J  

Commander, 436th Supply Squadron 

Attachments: 
1.  Suppo~ting documents 
a.  LOR,  dtd 17 Jul95 
b.  Art  15, dtd 22 Sep 95 

2.  Airman's Receipt of Notification Letter