1 

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I NAME OF SERVICE MEMBER (1,ASl;  FIRST MIDDLE INITIAI,) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 
1  AMN 

I  ............... 

NAME  OF COUNSEL. AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COIJNSEL 

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

ISSUES 

A94.05 

IhDEX  hll\lBER 

A49.00 
. - . . . - . 

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EXHIBITS SLBMITTED TO THE BOARD 

ORDER APPOIN 1 ING THE BOARD 
APPL.ICATION FOR REVIEW OF LIISCHARGE 
LETTER OF NOTIFICA'I ION 
HKlFF OF PERSONNEL FILE 
COUNSEL'S KP.I.EASE  TO THE BOARD 
ADDITIONAL EXHIBITS SURMI I'K'ED  AT TIME OF 
PERSONAI,  APPEAKANCE 

TAPE RECORDWG OF PERSONAL APPEARANCE HE 

HEARING DA'I'E 

1  10 May 2007 

CASE NUMBER 

1  FD-2006-00449 

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APPLICANT'S LSSVE AND W E  BOARD'S  DECI,$@N&  RATIONAL AK6 DISCUSSED ON MF ATTACHED AIR  FORCE DlSCHAROE RCVlEW HOARD DECISIONAL R4TlOXALE 

Case heard in Washington, D.C. 

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

I  TO: 

RANDOLPH AFB, TX 781 50-4742 

I  FROM: 

SECRETAR\  OF TllE AIR  FORCE PtRS0HYF.I.  COI C I L  
.\1R  FORCE  DISC HARCE REVIEW  BO.\RD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS APE, MU 20162-1002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NLIMHLR 

FD-2006-0044() 

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify  a change of 
discharge. 

ISSUE: 

Issue 1.  Although not explicitly stated, applicant contends his discharge was inequitable because it was too 
harsh.  He contends that he was told that he would be receiving an honorable discharge, G.I. Bill benefits, 
medical and base privileges.  The records indicated the applicant received an Article  15, a Vacation, a Letter 
of Reprimand, three Records of Individual Counseling and eight Memorandums for Record for misconduct. 
He received an Article  15 for failure to go to his appointed place of duty.  He was punished with a suspended 
reduction in grade to Airman, restriction to Charleston AFB for 20 days, and 20 days of extra duty.  The 
Vacation action was for failure to go to his appointed place of duty.  He was reduced in grade to Airman. 
The applicant was administratively disciplined for failure to go on several occasions, financial 
irresponsibility, failure to report to scheduled appointments, disrespect to an NCO, being late for duty on 
numerous occasions, lying, and failure to comply with cease and desist orders.  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 
August 1 1, 1997) 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)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recid a GEN Disch fr USAF Charleston AFB, SC on 20 
Jan 99 UP AFT 36-3208, para 5.26.1 (Unsatisfactory Performance).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND : 

a. DOE:  11 May 78.  Enlmt Age: 18 9/12.  Disch Age: 20 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-46,  E-77,  G-64,  M-67. PAFSC: 2A731 -  Aircraft Metals Technology 
Apprentice. DAS: 18 May 98. 

b.  Prior Sv: (1) AFRes 7 Mar 97 -  29 Jul 97 (4 months 23 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 30 3ul 97 for 6 yrs. Svd: OL Yrs 05 Mo 21 Das, all AMS. 

b.  Grade Status:  A m  -  21 Sep 98  (Vacation, 16 Dec 98) 

A1C -  13 Sep 97 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 Dec 98, vacation, Charleston AFB, SC -  Article 86. 
You did, on or about 7 Dec 98, fail to go at the time 
prescribed to your appointed place of duty, to wit: 
Building 669.  ~eduction to Airman.  (No appeal) (No 
mitigation) 

(2) 25 Sep 98, Charleston AFB, SC -  Article 86.  You did, 

on or about 14 Sep 98, without authority, fail to go at 
the time prescribed to your appointed place of duty, to 
wit: Building 544, Charleston AFB, SC.  Suspended 
reduction to Airman.  Restriction to Charleston AFB, SC 
for 20 days, and 20 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: MFR, 12 NOV 98 -  Failure to return to duty after lunch. 

MFR, 12 NOV 98 -  Late for duty. 
RIC, 23 OCT 98 -  Disrespect to an NCO. 
MFR, 23 OCT 98 -  Failed to report to two scheduled 

appointments. 

RIC, 18 AUG 98 -  Failure to go, late for duty on several 

occasions, and lying. 

MFR, 17 AUG 98 -  Late for duty. 
LOR/UIF, 25 J U N   98 -  Financial irresponsibility. 
RIC, 16 JUN 98 -  Failure to go. 

MFR, UNDATED -  Late returning from lunch, late for duty on 

two occasions, and vocally counseled for 
failing dormitory inspection. 

MFR, 25 JUN 98 -  Cease and desist order not to drive on 

base. 

MFR, 03 SEP 98 -  Failure to follow travel plan resulting in 

a vehicle accident. 

MFR, 18 AUG 98 -  Cease and desist order not to drive 

outside a 200 mile radius of Base. 

-  Failed dormitory inspection. 

f.  CM:  None. 

g.  Record of S V :   None 

h.  Awards &  Decs :  AFTR, AFOUA 

i.  Stmt of Sv:  TMS:  (01) Yrs  (10) Mos  (14) Das 
TAMS: (01) Yrs  (05) Mos  (21) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Oct 06. 

(Change Discharge to Honorable) 

Issue 1:  I was told by transition assistance according to my discharge 

orders I was to recieve  (sic) an Honorable Discharge and that I would be getting 
my GI Bill along with 2 yrs.  Medical and base priviledges. 

ATCH 
1. NA Form 13055. 
2 .  DD Form 149. 

t 
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DEPARTMENT  QF  THE AIR  FORCE 
HEADQUARTERS  437TM  AIRLIFT  WING (AMO) 

-&? 

3 0  Qec s s  

MEMORANDUM FOR AMN : 

,------------------------------------------- 
i, 437 EMS 

:...-.-..-.-..-.-..------------------------' 

''1 

FROM:  437 EMSICC 

SUBJECT:  Notification Memorandum 

I. I am recommending your discharge from the United States Air Force for 
Unsatisfactory Performance specifically, Unsatisfactory Duty Performance.  The 
ai~thority for this action is AFI 36-3208, paragraph 5.26.1.  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 reason for this action is: 

a.  On 15 June 1998, you were approximately 6 % hours late for duty as evidenced by 
i(Atch I a).  For this conduct you received 
an undated Memo for Record by ~~gt::::::::: 
a Record of Individual Counseling, dated 16 June 1998 (Atch I b). 

b.  On 15 June 1998, you failed a dorrr~itory 
undated Memo for Record 'from SSgti -..-.-..- 
verbal counseling on dormitory policies on 16 June 1998. 

. - - - - - - - -  room inspection as evidenced by an 

i (Atch la). For this conduct. you received a 

c.  On 19 June 1998, you were approximately 
undated Memo for Record by SSgt ---------- {Atch la).  Forthis conduct you received a 
verbal counseling on 19 June 1998. 

- - - - - - - - - - ,  2 hours late for duty as evidenced by an 

d.  On 6 August 1998, you were approximately 2 hours late for duty as evidenced by an 
undated Memo for Record by ~~gt::::::::  i  (Atch la).  For this conduct you received a 
verbal counseling on 6 August 1998. 

e.  On 7 August 1998, you were approximately 20 dnutesjate returning from lunch as 
evidenced by an undated Memo for Record by ~ ~ g t
 i ( ~ t c h  la).  For this conduct 
you received a verbal counseling on 7 Augustl998.'--------' 

i

f.  On or about 1 January 1998 to on or about 30 January 1998, you wrote seven 
worthless checks to the Base Exchange at Aberdeen Proving Grounds, MD, totaling 
$240.00, as evidenced by three notices of returned checks (Atch Ic).  For this conduct 
you received a Letter of Reprimand dated 25 June 1998 (Atch l c )  and anunfavorable 
Information File (UIF) was established (Atch Id). 

AMC--oLOBA$  REAGM FOR  AMERICA 

g.  Between on or about 1 June 1998 and on or about 25 June 1998 you were driving 
on Charleston Air Force Base without the required vehicle insurance.  As a result of this 
I--------, 
conduct, you were, on 25 June 1998 given a Cease and Desist Order from Major: .-.-..-.a 
ordering you to cease driving on base (Atch le). 

h.  On 17 August 1998, you were approximately 
evidenced by a Memo for Record by SSgt: - - - - - - - - ,  
this conduct you received a verbal counseling on 17 August 1998. 

, - - - - - -  - 2 . hours 15 minutes late for duty as 

:dated 17 August 1998 (Atch If).  For 

i.  On 18 August 1998, you were approximately 35 minutes late for work.  For this 
conduct you received a Record of Individual Counseling from MSgt Black, dated 18 
August 1998 (Atch I g). 

j.  As a result of the circumstances involving the incidents reflected in paragraphs (a), 
(b), (c), (d), (e), (h) and (I), above, ~ajorr'--"-' 
- - - - - - - .  you not iodiiiie outside a 200 mile radius without direct 
dated 18 August 1998, - ordering 
permission from Major! L - - - - - - - - i(Atch I h). 

igave you a Cease and Desist Order 

k.  On 3 Septerr~ber 1998, you were involved in a vehicle accident near Florence, SC 
after failing to follow -------- 
your travel plan as evidenced by the SC Accident report, Memo for 
- - - - - - - - - - - - - -I' 
Record from MSgt - - - - - - 
and Memo for Record from Capti 

Statement from SSgt; ------, 

: Statement from TSgt: 

i (Atch 1 i). 

I - - - - - - - -  

---------- 
L - - - - - - - - -1 

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

I.  On 14 September 1998, you were 25 minutes late for duty as evidenced by a Memo 
for Record from MSgti 
September 1998 (~tch-7fl.--' 

i.  For this conduct you received an Article 15 dated 21 

- - - - - - Transitional 

Assistance Briefings) as evidenced by a Memo for Record 

m.  On 22 October 1998, you failed to report to two scheduled appointments 
(Separation . - - and 
, 
from SSgt: ...-..-.. ; dated 23 October 1998 (Atch t k).  For tl- is co~iduct you received a 
verbal counseling. 
n.  On 22 October .-------- 
supervisor, SSgti 
Counseling dated-23-&tober 1998 (Atch 1 I). 

1998, you raised your voice and were disrespectful to your 
i. For this conduct you received a Record of Individual 

o.  On 2 November 1998, you were approximately 30 minutes late for duty as 
evidenced by a Memo for Record from SSgt: ...-..- :dated 12 November 1998 (Atch Im). 
For this conduct you received a verbal counseling on 2 November 1998, 

I - - - - - -  

p.  On 12 November 1998, you failed to return to duty 
up, as evidenced by a Memo for Record from SSgti 
(Atch 1 m).  For this conduct you received a verbal bounseling. 

------- after lunch and had to be woken 

idated 12 November 1998 

q.  On 7 December 1998, you were 3 % hours late for work and had to be woken up, as 
7 December 1998 (Atch In). 
evidenced by a Memo for Record from ~ ~ g t ' - - - - - \ d a t e d  
For this conduct your suspended reduction to the grade of Airman was vacated (Atch 
1 0) 

. - - - - - - 

7 

Copies of the docl.~ments 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 
and, if you are discharged, how your sewice will be characterized.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you.  I have made an appointment for you to consult the Area Defense Counsel, 
963-4416, Building 503, Room 11 9 on 30 December 1998 at 1030.  You may consult 
civilian counsel at your own expense. 

4.  You have the right to submit statements on your own behalf.  Any statements you 
q q  unless 
want the separation authority to consider must reach me by  5 3 % ~  
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 on your own behalf, your failure 
will constitute a waiver of your right to do so. 

6.  You have been scheduled for a separation briefing at Personnel Relocations, 
Building 503, on 30 Dec 98 at 1400. 

7.  You have been scheduled for a medical examination.  You must report to 437th 
Medical Group, Physical Exams at 0715 on 7 Jan 99 for the examination. 

8,  Your Transition Assistance Briefing is scheduled on 5 Jan 99 at 1400 in the Family 
Support Center (Bldg 255) with Mr. Wright. 

9.  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 at 437"  Equipment Maintenance 
Squadron Orderly Room. 

10.  Execute the attached acknowledgment and return it to me immediately. 

.--------------------------------------------. 
Commander 

Attachments: 
1.  Documents Supporting Basis for Discharge 
a.  Student Training Report 
b.  Record of lndividual Counseling wlatch, dated 16 Jun 98 
c.  Letter of Reprimand wlatchs, dated 29 Jun 98 
d.  UIF wlatch, dated 25 Jun 98 
e.  Cease and Desist Order, dated 25 Jun 98 
f.  Memo for Record, dated 17 Aug 98 
g.  Record of Individual Counseling, dated 18 Aug 98 
h.  Cease and Desist Order, dated 18 Aug 98 
i.  Restriction to CAFB, SC wlatchs, dated 9 Sep 98 
j.  Article 15, dated 25 Sep 98 
k.  Memo for Record, dated 23 Oct 98 
I.  Record of Individual Counseling, dated 23 Oct 98 
m.  Memo for Record, dated 12 Nov 98 
n.  Memo for Record, dated 7 Dec 98 
o.  AF Form 366, Vacation 
2.  Airman's Receipt of Notification Memo