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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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RECORDREVIEW 

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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION  OF CODNSEI, 

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MEMBER SITTING 

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HON 

DENY 

1  1  I  ORDER APPOINTMG THE BOARD 
1  2  I  APPLICATION FOR REVIEW OF DISC~IARGE 

LETTER OF NO'TIFICATION 

PERSONAI. APPEARANCE 
I I  TAPE RECORDMG OF PERSONAL APPEARANCE  '.-IF. 

HEARING  DATE 

10 May 2007 

CASE NUMBER 

FD-2007-00004 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witldwithout  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. 

* CHANGE RE CODE 
+ CHANGE REASON  AND AUTHORITY TO SECRETARIAL AUTHORITY 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20162-7Mt 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-20o7-0oOU4 

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:  Thc Board grants partial relief.  Upgrade of discharge to honorable is granted.  However, the 
Board denied the request to change the reason and authority for discharge and change of reenlistment code. 

The Board finds that neither the evidence of rccord nor that provided by applicant substantiates an 
impropriety that would j ustify a change of the reason and authority or the reenlistment code.  However, 
based upon the record and evidence provided by applicant, the Board finds thc applicant's characterization 
of discharge inequitable. 

ISSUE: 

The applicant received a General Discharge for Minor Disciplinary Infractions.  The applicant contends his 
discharge was inequitable because it was too harsh.  He has expressed a desire for upgrade of his discharge 
to qualify for reenlistment into the armed forces.  The Board concluded that there was no inequity or 
impropriety as concerns the reason and authority for applicant's discharge and denied the requested relief. 
The Board noted that the case file contained six Letters of Reprimand for misconduct to include failure to 
obey an order, dereliction of duty, and willfully disobeying direct orders.  Whilc the DRB did not condone 
the applicant's misconduct, they did feel it would have been equitable to give him an Honorable discharge. 

If he can provide additional documented information to substantiate an issue, the applicant should consider 
exercising his right to make a persoiial appearance before the Board.  If he should choose to exercise his 
right to a personal appearance hearing, the applicant should be prepared to providc thc DRB with factual 
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the 
community. 

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 o l  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 [he overall quality of 
applicant's service is more accurately reflected by an Honorable discharge.  The applicant's characterization 
should be changed to Honorable under the provisions of 'I'itle  1 0, U SC 1 553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER  REVIEW:  Appl recrd a GEN Disch fr USAF Travis AFB, CA on 1 Nov 
02 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, To Change the RE Code and Reason for  Disch. 

4 

2 .   BACKGROUND: 

a. DOB: 12 Mar 81. Enlmt Age: 19 10/12.  Disch Age: 21 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-69,  E-52,  G-59,  M-50. PAFSC: 33731 -  Fire Protection Apprentice. 
DAS: 15 Nov 01. 

b.  Prior S v :   (1) AFRes 24 Jan 01 -  24 Apr 01  ( 3   months 1 day) (Inactive) . 

3 .   SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 25 Apr 01 for 4 years. Svd: 01 Yrs 06 Mo 07 Das, all 

AMS . 

b.  Grade Status:  A1C -  25 Aug 02 
A m  -  25 Oct 01 

c.  Time Lost:  None. 

d.  Art  15's:  None 

e .   Additional :  LOR, 20 AUG 02 -  Failure to obey an order. 

LOR, 06 JUN 02 -  Disobeying a direct order. 
LOR, 29 MAY 02 -  Willfully disobeying a direct order. 
LOR, 02 FEB 02 -  Failure to obey an order. 
LOR, 30 JAN 02 -  dereliction of duty. 
LOR, 23 JAN 02 -  Failure to obey an order or regulation. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (09) Mos  (08) Das 
TAMS:  (01) Yrs  (06) Mos  (07) Das 

4.  BASIS ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 4 Jan 07. 

(Change Discharge to Honorable, Change the RE Code, and Reason for 

Discharge. ) 

Issue 1:  I find the record to be unjust because I was discharged from the 
Air Force for minor infractions and was given a 2B making it impossible for me 
to rejoin any component of the armed forces.  I believe that my discharge 
characterization and code are to stern for the separation codes that are listed 
on my DD 214. 

Issue 2:  Additional issues attached to brief 

ATCH 
1.  Applicant's issues. 
2.  DD Form 214 
3.  AF Form 899 
4.  AF Form 972 
5 .   Six letters of reprimand. 

1, i -------  --------- 5 a former airman (A1 C; pay grade E-3), was discharged GenerWnder 
Honorable conditions on November 1,2002 by reason of minor disciplinary infractions. I have 
been assigned a JKN separation code (Misconduct, minor disciplinary infractions) and an RE-2B 
reenlistment code (not eligible for reenlistment wl waiver). The Air Force incorrectly 
characterized my discharge and I am requesting that the reenlistment codes be upgraded. I am 
here asking the BCMR to upgrade my reenlistment code from RE-2B to a code that would make 
me eligible to reenlist into another component of the Armed Forces. In addition to other 
miscellaneous documentation, X will submit a statement with several arguments pertaining to my 
discharge which I ask the BCMR to review. 

The first argument I wouId like to present is that I feel that the reenlistment and separation codes 
entered on the Certificate of Release or Discharge from Active duty (DD Form 214) was "unfair, 
improper, and not justified  by my record." The codes were to stern and unconditionally harsh for 
the minor infractions I received while in the service with the Air Force. Especially for not 
receiving any Letter of Counseling&OC), Article 1 S's,  or no negative feedback about my job 
performance, 

As a First Term Airman I reported at Spandahlem Airbase on 15 Nov 2001 and proceeded in the 
First Term Airman's  Course which I completed 30 Nov 200 1. Around this time I learned that my 
father was critically ill and there was a great possibility he would not survive. Not knowing who 
to report this to or what to do I reported to my station on 7 Dec 2001. After providing 
documentation and receiving Red Cross emergency leave clearance I returned stateside on 18 
Dec 2001 with a return date of 6 Jan 2002. Upon my return I received a Letter af Reprimand 
dated 2 Feb 2002 for my fow day absence. 

On 30 Jan 2002,I was given another letter of reprimand for not obtaining a USAREUR license. 
My supervisor ordered me to get the license on 23 Jan 2002 and wanted tbe task to be completed 
29 Jan 2002. With no knowledge of the German driving rules and regulations test I failed my 
first attempt. The testing administrator informed me that I would not be able to retake the test for 
another week. With the dates given I would not be able to complete this task by my supervisor's 
deadline, I was issued my license 5 Feb 2002 after completing the second test. 

On 20 Aug 2002 I received my final Letter of Reprimand.  I was given this reprimand for not 
having my dormitory room in inspection order.  My room was seldom if ever a health or a safety 
hazard. I never failed a mandatory room inspection aad after the order to bring my room to 
inspection order I did so with knowledge of an inspection in the morning.  The morning of 
inspection I was treated with total disrespect and unfairness.  I again failed my room inspection 
for lent on the floor. 

I'm  claiming that the determination of my reenlistment code I received for discharge was based 
solely on minor incidences, and not a reflection on my character or my actual duty performance. 
A lack luster paper trail, of six (6) Letter of Reprimands (LOR) two of which are repeated, and 
one due to my emergency leave.  This code is unfair and it affects me further by excluding me 
from service in any military component.  As a first term a i m  I was poorly advised with 
regard to how these codes could affect me and what they meant.  I am seeking a review based 
upon all facts.  Aside for a few minor incidences, my job performance was never reprimanded. 

DEPARTMENT  OF THE AIR FORCE 

5 2 ~  FIGHTER WING (USAFE) 

.------------------------------------------------ 
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i 52 CES 

21 oUCp= 

MEMORANDUM FOR AMN i 

FROM:  52 CESICSS 

SLTBJECT:  Notification Letter 

1. I am recommending your discharge fiom the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my 
recommendation is approved, your service will be characterized as honorable or general (under 
honorable conditions).  I am recommending that your service be chara&rized  as general (under 
honorable conditions). 

2.  My reasons for this action are: 

MSgti. - " - " - " - 
a.  On 23 Jan 02, you failed to obey an order, regulation or instruction.  You were informed by 
told to have your hair cut the next duty day, and you howingly reported to duty without a hair 
cut.  For this infraction, you received a letter of reprimand (LOR) on 23 Jan 02  (Atch 1). 

i that your hair was not meeting the dress and appearance standard.  You were 

- - - - - - - - - - a  

b.  On 29 Jan 02, you failed to complete the assigned task of getting a USAREUR license no 
later than 29 Jan 02.  You were told the starting time of the testing and the location of the 
testing.  For this infraction, you received another LOR on 30 Jan 02  (Atch 2). 

c.  On or about 3 Dec 01, you failed to reporilcall your duty section as you were told to do. 
For this infraction, you received another LOR on 2 Feb 02  (Atch 3). 

d.  On 28 May 02, you willfully disobeyqd a direct order to complete a cer-test on Chapter 6 
of silent war and then report back when finished.  For this infraction, you received another 
LOR on 29 May 02  (Atch 4). 

e.  On 28 May 02 and 3 Jun 02, you willfully disobeyed a direct order to report to the training 
office on both days at 0900 to complete a certification course review exercise for CDC 10027, 
Driver Operator ARFF.  For this  action, you received another LOR on 6 Jun 02  (Atch 5). 

f.  On 18 Aug 02, you failed to have your dormitory room 3 14 in Bldg 225 in inspection order. 
Your room was both a health and fire safety hazard.  You were ordered to have your room in 
inspection order before you reported to  duty the next day.  For this infraction, you received 
another LOR on 20 Aug 02  (Atch 6). 

3.  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 re-enlistment 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.  I recommend you schedule an appointment to consult 
with the area defense counsel at Spangdahlern AB, Germany, DSN 452-6607.  You may consult 
civilian counsel at your own expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me NLT 24 Oct 02, unless you request and receive an 
extension in writing for good cause shown.  I will send them 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 yow right to do so. 

7.  Schedule a separation medical examination with the 52d Medical Group, physical exams 
element and with the family practice clinic ASAP. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy o f  AFI 36-3208 is available for your use in the commander's support staff office. 

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

L.-  .-.-. -..-..-..-....-..-.----------' 

Squadron Section Commander 

Attachments: 
1.  LOR, 23 Jan 02 
2.  LOR, 30 Jan 02 
3.  LOR, 2 Feb 02 
4.  LOR, 29 May 02 
5.  LOR, 6 Jun 02 
6.  LOR, 20 Aug 02 
7.  Airman's  Receipt of Notification Letter, located at Tab 2