I 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDI ,E INITIAI.) 

GRADE 

AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD 

1 TYPE  GEN 
1  W N ~ E ~  

I 
i NAME dr COUNSEL AND OR ORGANMATION 

PERSONAL APPEARANCE 

1 

I 

I 

1  AIC 
/ 
( X  

I 

I 

RECORDREVIEW 

ADDRESS AN11 OR ORCllNllA rlON OF COUNSEL 

MEMBER SITTING 

l  ION 

GEN 

_ _ * " .

.

-

 
l a T H C  

I 

VOTE OR TllE BOARD 

I 

Oqi=l' 

I 

1 

I 

I 

-1 

I 
i 
1 

ISSUES 

A92.01 

INDEX NUMBOH 

A67.10 

EXHlBITS SUBMITTED TO THE BOARD 

I  ORDER APPOINTING THE HOARD 
/  APPLICATION FOR REVIEW OF OISCWRCiF 

I  I 
2 
3  1  LETTEll OF NOTIFICATION 
4 
BRIEF OF I'ERSONNtL.  FILE 
COUNSI:I.'S  RELEASE 'TO THE DOARD 
AD111 I'IONAL EX1 IIBITS SUI3MITTED A'l  I'IME OF 
I'i5RSONAL  AI'PEARANCk 

TAPE RECORDING OF PERSONAL APPF.ARANCI: 

IIMRING UATE 

CASE NUMBER 

15 Mar 2007 
APPLICANT  S IllWP AND THF ROARQ'S  D ~ L I S I O N A L  RATIONAL  ARC DldCLlSSED ONTffEAT1;ACHFD  AIR FORCE. 1)ISCHAROE REVIEW BOARD'DeClSIONAl  RATIONALE 

FD-2006-00419 

Case heard in  Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an 
application to the AFBCMK. 

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

550 C STREET WES'I',  SlJITE 40 
RANDOLPH AFH. TX 78 150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHAHGE REVIEW BOAR0 
1535 C'OhIMAND  DR. EE WINC. 3RD FLOOK 

AFHQ FORM 0-2077, JAN 00 

(EF-V2 j 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-f 006-00419 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but decliiled 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. 

ISSUES: 

Issue  1.  The applicant contends his discharge was inequitable because it was too harsh.  The records 
indicated the applicant received three Article  15s, five Letters of Reprimand, one Letter of Counseling, and 
two Records of Individual Counseling for misconduct.  The misconduct included late for duty on divers 
occasions, failure to follow proper procedure, lying, insubordinate conduct towards a rioncommissioncd 
officer, failure to obey a lawrul order, using disrespectf~ll languagc towards a noncommissioned officcr, and 
discharging a firearin in a residential  area.  'I  he DRB opined that through these administrative 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 received by the applicant was found to be appropriate. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in thc 
service. The DRB took note of the applicant's duty performance as documented by his performance reports 
and other accomplishments.  They found thc seriousness of the willful misconduct offset any positivc aspects 
of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons 
which were the basis for this case. 

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 applicailt was provided  fill1 administrative due process. 

In view of thc foregoing findings the Board further corlcludes 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 

AlUDREWS AFB, MD 

(Former AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a BEN Disch fr USAF Shaw AFB, SC on 13 Sep 
04 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 11 Oct 82. Enlmt Age: 18 0/12.  Disch Age: 21 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-67,  '2-64,  M-46. PAFSC: 2A353B -  F-16/F-117 -  Tactical 
Aircraft Maintenance Journeyman. DAS: 16 Jul 01. 

b.  Prior Sv: (1) AFRes 30 Oct 00 -  13 Nov 00 (14 days) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 14 Nov 00 for 4 yrs. Svd: 03 Yrs 10 Mo 00 Das, all AMS 

b.  Grade Status:  A m  -  13 Jul 04 (Article 15, 13 Jul 04) 
A1C -  17 Mar 04 (Article 15, 17 Mar 04) 
SrA -  13 Dec  03 
A1C -  13 Apr 02 
A m  -  14 May 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 13 Jul 04, Shaw AFB, SC -  Article 134.  You did, at or 

near Sumter, South Carolina, on or about 9 May 04, 
wrongfully and willfully discharge a firearm, to wit: a 
handgun, in a residential area, under circumstances such 
as to endanger human life.  Reduction to Airman, and a 
reprimand.  Twenty-one days extra duty suspended. 
(Appeal/Denied) (No mitigation) 

(2) 17 Mar 04, Shaw AFB, SC -  Article 86.  You, did, on 

divers occasions between on or about 28 Oct 03 and on or 
about 29 Oct 03, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
building 1630.  Article 91.  You, on or about 31 Oct 03, 
were disrespectful in language toward SSgt Adam W.  Hall, 
an NCO, then known by you to be a superior NCO, who was 
then in the execution of his office, by saying to him 
"this was bullshitll and that you "would do whatever it 
fucking takes to get away from this fucking squadron," 
or words to that effect.  Reduction to AlC, and a 
reprimand. (Appeal/Denied) (No mi tigat ion) 

(3) 11 Oct 01, Shaw AFB, SC -  Article 86.  You did, on 

diverse occasions between on or about 21 Sep 01 and on 
or about 25 Sep 01, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Building 105.  Suspended reduction to AB.  Forfeiture of 
$100.00 pay, restriction to Shaw AFB, SC for 14 days, 
and 14 days extra duty.  (No appeal) (No mitigation) 

e.  Additional: LOR, 08 SEP 03 -  Failure to report to duty at the appointed 

time. 

LOR, 03 OCT 01 -  Late for work. 
LOR, 01 OCT 01 -  Late for work on two occasions. 
LOR, 17 AUG 01 -  Failure to obey a lawful order. 
LOR, 02 AUG 01 -  Failure to obey a lawful order. 
LOC, 31 LTUL  01 -  Late for duty, failure to follow proper 

procedure, lying, and insubordinate 
conduct towards an NCO. 

RIC, 10 APR 01 -  Late for duty. 
RIC, 07 MAR 01 -  Reporting to duty unshaven. 
AETC 173, 08 FEB 01 -  Late for class. 
AETC 173, 08 FEB 01 -  Failure to follow proper procedures 
and failure to have AETC Form 341 on 
person. 

f.  CM:  None. 
g.  Record of SV: 14 Nov 00 -  11 Dec 02  Shaw AFB  4  (Initial) 
12 Dec 02 -  11 Dec  03  Shaw AFB  3  (Annual) 

h.  Awards &  Becs:  AFGCM, NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (10) Mos  ( 1 4 )   Das 
TAMS:  (03) Yrs  (10) MOS  (00) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 23 Oct 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCB 
1. Applicant's Issues. 
2. AF Form 100. 
3. Two Character References. 

August 5,2006 

Air Force Discharge Review Board 
SAFMIBR 
550-C Street West, Suite 40 
Randolph AFB, TX 78 150-4742 

Dear Members of the Air Force Discharge Review Board, 

I am writing this letter to request and upgrade of an Administrative discharge, titled as 
Generawnder Honorable Conditioned Discharge. I am making this request on the basis 
of equity.  I do not believe this discharge is an accurate reflective of my service history 
which was 2 months shy of my full 4 year commitment. The reason for my 2 month early 
discharge was due to an approved downsizing program implemented at that time. 

Over the past year and a half, I have had time to grow, acknowledge, and accept the fact 
that if I would not have committed offenses which resulted in disciplinary actions I would 
have received an Honorable discharge and retained my complete GI bill.  I would like to 
sincerely apologize for my misconduct and for any embarrassment it brought upon the 
United States Air Force and for the time and energy that was wasted while going through 
the disciplinary process. 

I would be extremely grateful if the GeneraWnder Honorable conditions discharge could 
be lifted from my record and upgraded to an Honorable discharge as it is causing me 
great difficulty in financing and completing my college education. In addition, it could 
cause me difficulty in attaining Federal and/or Corporate employment in the future. 
Since being discharged from the Air Force, I have maintained a position on the preload 
sort at UPS in Columbia, South Carolina to assist with the financing of my education.  I 
am currently pursuing an undergraduate degree in Business Management from University 
of South Carolina's prestigious Darla Moore School of Business.  As of spring semester 
2006, I have maintained a 3.4 GPA and I am looking forward to the fall semester. 

. ------- In May 2004, I had received paperwork from my supervisor 

Before my discharge, I had served three years, ten months, and two days of my four years 
as a first-term airman. 
Master Sergeant :. . . . . . i stating, I had been approved for the downsizing program and my 
final out date was set for September 15,2004. At that time, I began completing the out 
processing checklist to ensure that I would have all the necessary procedures completed 

early ----. 

- -   - 

before that date,  When the "word" .-------- 
of my ------ 
squadron commander Lieutenant --- -- -- -- --------- -- jin  August 2004, he immediately began 
submitting paperwork for an Administrative discharge of his own.  As you can see on 
attachment (A), I have provided a copy of my original Honorable Discharge orders which 
I had received prior to my commander's intervention. 

Honorable discharge reached my 

I am not trying to question his authority; however, 1 do not believe his actions were 
necessary, nor were they done solely in the best interest of the United States Air Force. 
At the time of his intervention, I was already out processing. I had received my orders 
and had a final out date of September 15,2004.  In most cases, an individual is 
administratively discharged years prior to their designated discharge date because they 
are not meeting military standards.  In my case, it had already being determined that I 
would be honorably discharged. Due to my squadron commander's  involvement in my 
discharge, I was discharged on September 13,2004,2 days early, with a General~Under 
Honorable condition instead of being discharged on September 15, 2004 with the 
Honorable discharge orders.  I believe his actions were vindictive and done solely to 
cause me financial hardship in obtaining a college education. Therefore, the concern of 
propriety should also be reviewed to determine if an error or unnecessary actions were 
taken solely to change my honorable discharge status. 

I am not writing this letter to make it seem like I had no wrongdoings which resulted in 
my discharge.  I gained many great values, customs, and an organized lifestyle from my 
time in the service that I still implement in my civilian life.  I have learned and grown 
from the experience and I am now seeking to resolve a segment of my life in which I 
served but did not receive my full recognition. 

In order for me to continue to become a successful contributor to society, I must first fix 
my past which is to; hopefully, upgrade my Generalmnder Honorable conditions 
discharge. I am requesting the characterization be changed back to the Honorable 
discharge that I earned for my dedicated maintenance on my assigned F-16 aircraft, to my 
exceptional performance on the base Honor Guard.  I ask that serious consideration of my 
discharge characterization be given in helping me to move forward in my life with a 
positive note on my service to my country.  I would hope that my childish actions as a 
young adult would not haunt and impair what could be an extremely bright future.  Thank 
you for your time and consideration. 

Enclosures: 
Attachment A: Original Discharge Orders 
Attachment B: Character Reference Letter 
Attachment C: Character Reference Letter 

1 

I 

I 

9 

0.  P-  --@$I7 

DEPARTMENT OF THE AIR FORCE 

2OTH FIGHTER WING (ACC) 

SHAW AIR FORCE BASE SOUTH CAROLINA 

MEMORANDUM FOR AMN : .----------------------------------------------------. 
FROM:  20 AMXSICC 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

AUG  2 3  2004 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force fox minor disciplinary 
infkactions.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section 
H, Paragraph 5.49.  If your discharge is approved, your service will be characterized as 
honorable or under honorable conditions (general).  I am recommending that your service be 
characterized as under honorable conditions (general). 

2. My reasons for this action are: 

a.  On or about 9 May 04, you willfully endangered human f fe by discharging a firearm in 

a residential area.  For this incident, you received an Article 15, dated 13 Jul04. 

b.  Between on ox about 28 Oct 03 and on or about 29 Oct 03, you failed to report to work 

on time.  Further, on or about 3 1 Oct 03, you used disrespeotful language to a 
Noncommissioned officer. For this incident, you received an Article 15, dated 17 Mar 04, were 
denied reenlistment on 14 ~ b r  

04 and placed on a control roster on 16 Apr 04. 

c.  On or about 7 Sep 03, you failed to report to weekend duty as ordered.  For this incident, 

you received a Letter of Reprimand, dated 8 Sep 03. 

d.  On or about 21 Sep 01 and on or about 25 Sep 01, you failed to report to work on time. 

For this incident, you received an Article 15, dated  1 1 Oct 01. 

. 

. 

.e.  Between on or about 7 Sep 01 and on or about 9 Sep 01, you failed to report to work on 

time.  For this incident, you received a Letter of ~eprimand, dated 1 Oct 01. 

- 

f.  On or about 20 Jul01, while assigned to the First Tam Airmen's  Center (FTAC), you 
failed to have your service dress ready for your appointment, as instructed.  Additionally, you 
lied about your service dress being in the cleaners. For this incident, you received a Letter of 
Reprimand, dated 17 Aug 01. 

g.  On or about 2 Aug 01, while assigned to FTAC, you failed to obey and order.to report to 
duty 15 mihutes prior to roll call.  For this incident, you received a Letterof Reprimand, dated 2 
Aug 01. 

Global Power for America  ' .  

h.  On or about 3 1 Jul 01, while assigned to FTAC, you failed to report to the classroom on  ' 

time.  For this incident, you received a Letter of Counseling, dated 3 1 Jul01. 

i.  On or about 10 Apr 01, while assigned to 362 Training Squadron, Sheppard Air Force 
Base, you missed formation and reported late for school . For this incident, you received a 
Record of Individual Counseling, dated 10 Apr 0 1. 

j.  On or about 7 Mar 01, while assigned to Training Squadron, Sheppard Air Force Base, 

you reported to work.without having shaved.  For this incident, you received a Record of 
Individual Counseling, dated 7 Mar 0 I. 

k.  On or about 8 Feb 01, while assigned to 362 Training Squadron, Sheppard Air Force 

Base, you failed to report to class dn time.  For this incident, you received a Student Record of 
Nonacademic Counseling (SRNC), dated 8 Feb 01. 

1.  On or about 8 Feb 01, whlle assigned to 362 Training Squadron, Sheppard Air Force 
Base, you violated your marching waiver by trying to board a bus without an authorized bus 
pass.  Further, you were unable to produce an AETC Form 341, as required by your instructor, 
For this incident, you received a Student Record of Nonacademic Counseling, dated 8 Feb 0 1. 

of the documents to support this recommendation are attached and will be fonnarded 

3. 
to the separation authority.  The; separation authority will make the findings and 
rcwmmcndations required under 10 U.S.C. 2005(g) regarding recoupment of education 
assistance funds, if applicable.  The commander exercising special court-martial jurisdiction or 
a higher authority will decide whether you will be discharged or retained in the Air Force and, if 
you are discharged, how your service will be characterized. If you are discharged, you will be 
ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

4.  You have the right to consult counsel. Military legal counsel ,._......_._......_.. 
you:  I have made an appointment for you to consult Captaiai ------------------, 
Counsel, 895-9530,321 Cullen Street, at It@*  hours on  23 l k q   2004.  You may consult 
civilian counsel at your own expense. 

has been obtained to assist 
: Area Defense 

7 

5.  You have the right to submit statements in your own behalf.  Aiy statements you want the 
separation authority to consider must reach me by . I 5  'Jo  hours on  24 hq 
2004 
unless you request and receive an extension for good cause shown.  I will sen&hem to the 
separation authority. 

6.  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. 

7.  You have been scheduled for a medical examination.  You must report to the 20th Medical 
Group, Primary Care Clinic at  IJ o 5 
additional examination will be scheduled if necessary, 

hours on  24  h 

2004 and an 

8.  Any personal iaformation you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of Am 36-3208 is available for you use in the unit orderly room. 

9. ' Execute the attached acknowledgment and return it to me immediately. 

Commander 

Attachments: 
a. AF Form 3070,4 Aug 04 wlevidence and response 
b.  AF Form 3070,17 Mar 04 w/evidcnce and response 
c.  AF Fonn 3070,ll Oct 01 wlevidence and response 
d.  LOR, 8 Scp 03 
t. AF Form 3070,ll Oct 01 wlevidence 
f. LOR,loCtOl 
g.  LOR; 17 Aug 01 
h.  LOR, 2 Aug 01 
i,  LOC, 31 Jul01 
j.  ROIC, 10 Apr 01 
k. ROIC, 7 Mar 01 
I, SRNC, 8 Feb 01 
m.  SRNC, 8 Feb 01