- 

- 

- - 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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

GRADE 

AB 

TYPE  GEN 
CQUNsEb 
No 

YES 
X 

PERSONAL APPEARANCE 

RECORD REVIEW 

' 

NAME OF COUNSEL AND OR ORGANI'LATLON 
...-....-..-.-..-.-------, 
-, 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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

c..-..-.-..-....-..--------------------------m 

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

I  ! 

MEMBER SITTING 

-- 

-- 

VOTE OF THE BOARD 

HON 

GEN 

LIOTHC 

I 

I 

I 

- - .  , - -- 
OTHER 

ISSUES 

A94.05 

INDEX NUMBER 

A67.90 

1 
2 
3 
4 

HEARING DATE 

I 

1 
EXHIBITS SUBMITTED TO THE BOARD 

I 

I 

ORDER APPOINTING 'I'HP  BOARD 
APPLICATION FOR REVIEW OF DISCliAKGE 
LETTER OF NOTIFICATION 
BIUEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAI.  EXHIBITS SUBMITTED AT TlMk OF 
PERSONAL APPEARANCE 

-- 

I  TAPE RECORDWG OF PEIISONAI.  APPEARANCE HE 

10 May 2007 
APPLICAFFC'S ISSL% AND MEBOARD'S  DECWNAL I U n O N A L  AR6 DISCVSSEBON~~E ATTACHED AIR FORCE DI!EHAROE W l W  BOARD DECISIONAL RATIONALE 

I 

I 

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 AFBCMR. 

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

1  ~ f i .  

I 

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

AFHQ FORM 0-2077, JAN 00 

~ ~ O R ~ E ~ T E N T  

w , 

DATE:  Si29R007 

I  FROM 

SECRETARY OF THE AIR FORCE PERSONNEL COL'NCII. 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS ARB, MD 10762-7WZ 

I 

(EF-V2) 

Previous edition will be used 

I 

I 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00471 

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: 

Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant 
received two Article 15s, a Vacation, and two Letters of Reprimand for misconduct.  The first Article 1 5 was 
for misuse of his Government Travel Card.  He was punished with a reduction in grade to Airman, 
suspended forfeiture of pay and a reprimand.  The Vacation action was for wrongfully wearing an earring 
while on a military installation and for being drunk and disorderly.  He was punished with a forfeiture of pay 
for two months.  His second Article  15 was for failure to remain alert while on duty as an Installation Entry 
Controller.  He was reduced in grade to Airman Basic and forfeited pay.  The applicant had additional 
misconduct and was administratively disciplined for financial irresponsibility and failure to obey an order or 
regulation.  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. 

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 AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF McChord AFB, WA on 27 
Sep 06 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: 5 May 84.  Enlmt Age: 19 9/12.  Disch Age: 22 4/12. Educ: HS DLPL. 

AFQT: N/A.  A-28,  E-33,  G-55,  M-36. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 27 Sep 05. 

b.  Prior Sv:  (1) AFRes 25 Feb 04 -  29 Mar 04 (1 month 5 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 30 Mar 04 for 6 yrs. Svd: 02 Yrs 05 Mo 28 Das, all AMS. 
b.  Grade Status:  AB -  13 Jul 06  (Article 15,  13 Jul 06) 
Amn -  27 Jan 06  (Article 15, 27 Jan 06) 
A1C -  14 May 04 

c.  Time Lost:  None. 

d.  Art 15,s:  (1) 13 Jul 06, Kadena AB, Japan -  Article 92.  You, who 

should have known of your duties, on or about 2 6   Jun 06, 
were derelict in the performance of those duties in that 
you willfully failed to remain alert in order to protect 
personnel and property while on duty as an Installation 
Entry Controller posted at Gate-1, as it was your duty 
to do.  Reduction to AB.  Forfeiture of $636.00 pay. 
(Appeal/Denied) (No mitigation) 

( 2 )   27 Jun 06, Vacation, Kadena AB, Japan -  Article 92. 

You, did, on or about 10 Jun 06, violate a lawful 
general regulation, to wit: Table 2.5, Item 3, AFI 36- 
2903, dated 29 Sep 02, by wrongfully wearing an earring 
while on a military installation.  Article 134.  You, 
were, on or about 10 Jun 06, drunk and disorderly. 
Forfeiture of $250.00 pay per month for 2 months. 
(NO appeal) (No mitigation) 

(3) 27 Jan 06, Barksdale AFB, LA -  Article 92.  You, who 

knew of your duties, on divers occasions between on or 
about 2 6   Aug 05 and on or about 30 Aug 05, were derelict 
in the performance of those duties in that you willfully 
failed to refrain from using your Government Travel Card 

for unauthorized purchases, as it was your duty to do. 
Article 92.  You, who knew of your duties at or near 
Shreveport, Louisiana, on or about 1 Sep 05, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from using your Government 
Travel Card for unauthorized purchases, as it was your 
duty to do.  Article 92.  You, who knew of your duties 
at or near Salem, Oregon, on divers occasions between on 
or about 3 Sep 05 and on or about 12 Sep 05, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from using your Government 
Travel Card for unauthorized purchases, as it was your 
duty to do.  Article 92.  You, who knew of your duties 
at or near Portland, Oregon, on divers occasions between 
on or about 2 Sep 05 and on or about 19 Sep 05, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from using your Government 
Travel Card for unauthorized purchases, as it was your 
duty to do.  Reduction to Airman.  Suspended forfeiture 
of $250.00 pay per month for 2 months.  Reprimand. 
(No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 18 JAN 06 -  Financial irresponsibility. 
LOR/UIF, 28 JAN 06 -  Failure to obey an order or 

regulation. 

f.  CM:  None. 

g.  Record of SV: 30 Mar 04 -  30 Nov 05  Kadena AB  4  (HAF Dir) 

h.  Awards &  Decs :  AFTR, NDSM, GWOTSM, AFOSLTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (07) Mos  (03) Das 
TAMS:  (02) Yrs  (05) Mos  (28) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 05 Dec 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Character Reference, 
3. DD Form 214  (Member-4). 

I -'" My discharge was Inequitable because there were mitigating circumstances In each incldent 

that cumulatively resulted in my general discharge. At no time did I premediately break any rule 
and I served honorably duhng my time in service. 

m&nm,n6 pwc~mo~ 
~ ~ r n ~ ~ & ~ ~ r i
Letter of mcommsndrtton from Joshua Siekrt, SRA USAF 
Narrative  Staterrrent 

: & m w d s . v ~ ( c  

p d s w  &capss,~ 

I 
Pdg?F i of 4, Pages 

............................................ 
DISCHARGE UPGRADE 
CONTINUED FROM DD FORM 293 

NARRATIVE STATEMENT 

Wbile in service, I was reprimanded for three separate incidents. First, I was accused of 
wrongly using my goverxunmt credit card. Then I was accused of being drunk and 
disorderly. Lastly, I was accused of sleeping on my post. h each case, I believe I was 
wrongly accused and the circumstances of the incidents prove my innocence. 

Government Credit Card 

--  -  Barksdale, 

+ 

I specifically asked my commander support 
1'could use the g o v ~ e n t  "credii card. I was told that I could use 

I had been stationed at Barksdale AFB in Shreveport, LA and was PCSing to Kadina 
AFB m Ja=.  Before departing 
staff for ~ h a t ~ ~ o s e s  
it for airline tickets, car rentals, hotels, food, and any other travel issues. I then went 
online to confirm what I had been told. The Bank of America govenunent credit card 
website confirmed what I had been told. Before reaching Kadina, I took leave enroute 
and I rented a car, believing this was well within the rules of the use of the govemment 
credit card based upon what I had been told and my own research. Upon reaching 
Kadina, I went to my new unit's  commander support staff to arrange to pay my credit 
card bill. This is when I was told that I was not authorized to use the card as I had. Due to 
this simple mistake, I was given an Article 15 and busted down one grade. There was no 
intent on my part to defiaud the govenunent. I believed I was following the rules and had 
every intention to pay my bill. I simply did not understand the rules and how they were 
applied. Based upon what I was told, I thought I was doing the right thing. 

Drunk and Disorderly 

It was as Saturday night and I had been drinking in the dorms. Some friends and I left the 
dorms to go to the airman' club; however, I forgot I was wearing an ear ring and was not 
allowed in. I returned to the dorms where I went directly to my room and called my 
girlfriend  in Shreveport, LA. The fire alarm went off. Thi$ was a regular occurrence so I 
didn't think much of it. But it continued to blare, so 1 left my room and went to a buddy's 
room. He was playing his guitar with his earphones on and did not hear the alarm. I 
grabbed him and we started to leave the building. By this time, the security forces and 
fire department had arrived and they stopped my buddy and me. They had heard that two 
white males were seen running down the hallway after the alarm was pulled and because 
we matched the "description" we were apprehended. We were put into interrogation 
rooms for two and a half hours. A full investigation was performed and there was no 
evidence we did anything wrong. However, during the investigation, I was constantly 
under suspicion by my command. This incident in which I was wrongly accused damaged 
my reputation among my new command. 

Sleeping on Post 

During the time I was under investigation for the fire alarm incident, I was pulling guard 
duty. I was at Gate 1 at Kadina with three other airman, Although it was not regulation, it 
was standard operating procedure for the guards to take shifts watching the gate during 
non rush times. It was about noon and another airman told me I could take a break, which 
I did. I went in the guard shack and relaxed. It was June and the heat was stifling. While I 
was taking my break, a Japanese CG supervisor walked in and thought I was sleeping. I 
was not sleeping; I was on a break. The supervisor reported this to my command and 1 
was reprimanded for dereliction of duty, a charge I find completely arbitrary and 
capricious. Again, I was given an Article 15 and demoted a grade, and my commander 
began discharge proceedings against me. 

As you can clearly see, at no time did I premeditatedly do anything wrong. In the first 
incident,fwved_ I was following 
I simply was n&Tguilty of what I was chargedwith in the-third incident. 

the rules. I was acquitted of the second incident, and 

-+- __ L 

You also can see that I was punished severely; two Article 15s and two grade demotions. 
I believe this punishment was not equitable as is a general discharge. I was not perfect, 
but I did serve my country honorably. 

I would ask the Board to consider my statement. I never intended to break any rule. I was 
a good airman and believe I should have been awarded an Honorable Discharge due to 
my service and the circumstances surrounding these incidents. 

DEPARTYENT OF THE AIR FORCE 

PACIFIC NR FORCES 

SEP  06 2006 

MEMORANDUM FOR  AIRMAN BASIC! I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

- m  

FROM:  18 S W C C  

SUBJECT: Notification Mem- 

your discharge fiom the United States Air Force for Mismdwk A Pattern of 
1.  I am re- 
Misconduct, Conduct Prejudicial to Oood Order and Discipline.  Tbe e r i t y  fur this action is AFPD 
36-32 and AFI 36-3208, patagraph 5.502.  If my r e c o r n m e  is 
characterid ua au Unda Hommblc kditiom (General) Dbdmge= 
service be charscteriaed as an Under Honomb1e Conditions (General) Wharge. 

ved,  your d c e  will be 
rewmwmbg that y o ~  

2.  My reason for this action is: 

a  EWmen on or about 26 Aug 2005 and on or about 30 Aug 2005, you were derelict in the 

pdxmmce of your duties in that you willfully failed to d h i n  from using your Government Travel 
Card for unauthorized purcbasts, as it was your duty to do.  On or about 1 Sep 2005, you were derelict 
in the perfoxmame of your duties in tbat you willfully N e d  to tei?iain fbm using yaw Government 
Trawl Cad for u m d m h d  p m b c s ,  as it was your duty to do.  Between on or about 3 Sep 2005 and 
on or about 12 Sep 2005, you were derelict in the performance of your duties in that you willfully failed 
to refisin h using your &-cmt 
Travel Card for unalltharill.lul purchases, as it was your duty to 
do.  Ondi~~tgdom~onorabout2Sep200Sdmorabout19Sep2005,yauwere 
dedct in the perfbrmanca of your duties in tba!  you w U U y  Med to mikin 
c3Ovcmmant Travel Card for unautho- 
received an Article 15, daied 27 Jan 2006, which pmidmmt cmsistd of a reduction to the grade of 
Airman, mpedd tbrfeiturt of $250.00 pay per month for 2 months and a qnimand (bb 1-1). 
SubsequenNy, an Unfavorable Infomation Filc 0 was d h b d  (Tab  1-2). 

using your 
purchases, as it was yola duty to do. As a result, you 

b.  On or about 11 Jan 2006, you dishonorably failed to pay your Gownmat Travel Card debt. As 
a dt, you received a Lctm of Reprimaad OR), dated 18 Jan 2006 (Tab 1-3).  This LOR was filed 
in your existing UIF. 

c.  On or about 26 Dec 2005, you failed to obey an 0rdcr.m repldion, to wit:  you failed to get 

' your influem vaccinalioa  As a result, you received an LOR, dated 28 Jan 2006 (Tab 1-4).  This LOR 
wasfilodinyorrrexistingUIF. 

d  On or about 10 Jm W ,  you violated a l a d  genead mgulation, to wit:  Tablo 2.5,  item 3, Air 

F m  bh&h 36-2903, d&d 29 Septrmber 2002, by wron%fWly W- 
military- 
a V& 
of@50.00paypamm(bforZmadbrwas~ pb 1-5).  ~ d o n w a s f l e d i n y w r ~  
W. 

O n a & o ~ t l 0 h m 2 0 0 6 , y o u w a o ~ d d i n d e r l y .  ~ s a & $ p d v d  
actiop, AF Farm 366, dabbd 27 Jun 2006.  Yottrpmviow m p d e d  punhhmw of f d e k e  

while m a  

an e- 

a.  On or about 26 Jlrn 2006, you ware dudid in tfra p e r f o m m ~ ~  of your dutia in that you 

~ y f a i l d t a t a n a i a a l e r t i n ~ t a p r a t c c t ~ d e o d p n p a t y w h i l ~ ~ n d u t y a ~ ~ n ~ o ~  
~ ~ U ~ e ~ a t ~ 1 , a s i t m y o u t d u t y t o d o .  
A s a d t , y o u d ~ a a A r t i d e l S ,  
darsd 13 Jul2006,whichpunishmentcansistadofa~oiltotbt~ofAirmanBdcand 
hfoituse of $636.00 pay ('I'd la).  This action was filed in your exist&  UJF. 

3.  C a p i a g o f t b ~ t o b a ~ t o t h a ~ a ~ ~ ~ i n w r p p o r t ~ f t b i s  
M o n a r e e t b l E h e d  ~ h e c w r m a t a d a r e x a r c h i n g S P C M j ~ C t i m a r ~ ~ ~ ~  
decide whdier you will be dischgd or retained in the United States Air F o m  ad, if you rn 
~ b o w y a t l r # N i ~ w i l l b c b a r a d e a i z e d , I f y o u a r e ~ y o u w i l Z b e M p ' b 1 e f w  
fmhtnmt in the &Force  and any special pay, bonus, or education assistance fumb may bc gubje~t 
t o m ~ ~ ' L b e ~ r n ~ t y w i l l & t b e f i n d i n n s r a t l d ~ ~ ~ ~ d e r 1 0  
U.S.C.  !3ecticm ZOoS(g). 

4.  Youhavetbcrighttocoasultd.  M i l i t m y l e g d c o u n s d h a s b a e n o ~ t o ~ p u  
I havs made an qphtment for you to cansult the Aten Mum C o d  at Building 1460, Kadsnrr Air 
~ G k j D l P l
~ * ~ ~ U n a e l a t y o u r o w n ~ *  

. o ~ S ~ p  2 0 0 6 , a t m 8  

hours.Yo~lmayccmdt 

. J ~ ,

7.  You have beti scheduled for a Modid amination.  You must 
1 8 t h M s d i c a l ~ ~ ~ o n  

to Building 626, 

hours for the 

8.  ~ y ~ ~ n y m f u r n i s h h r e b u # . l i s ~ ~ ~ b y t b e P r i v a c y A c t o f  
AFI 3&3208  is avdhble for your use at Arwl Defeme COUTWCIIS OfEcb, Bldg 1460. 

1974.  Acopyof