AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

1  GRADE 

AMN 

---------------- 

L - - - - - -  

NAME OF SERVICE MEMBER (LAS'I', FIRST MIDDLE INI'TIAI,) 

TYPE  GEN 

PERSONAL APPEARANCE 

' Q ~ ~ ~ ~ *

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NAME OF COlJN?KI,  AND OR ORGANIZATION 

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YLS 

Nn 

X 

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MEMBER SITTING 

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ISSUES 

A94.05 

INDEX 'YIJMBER 

A67.90 

DENY 

1 

\ 

2 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSRL 

vam OR "r'yy BOARD 

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+- 

" 

OTHER 

u, 

, 

HON 

GEN 

UOTHC 

I 

I 

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I 

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EXH~B~T#,#UBMRTED TO THE BOARD 

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1  I  OlZDtR APPOINTING THE BOARD 
1  2  1  APPLICA'l'ION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICA'I'ION 

PERSONAL APPElZRANCE 
I  1 Al'K  IRE'.CORDING OF PERSONAL APPEARANCE FIk. 

1 

CASE NI!MBER 

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 AFBCM R. 

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

*- .... -..------.-..v.-.m---- 
INDORSEMEN'I' 

SAFIMRHIZ 
550 C STREET WEST, SUITE 40 
RtiNDOI.PH AFB, TX 781 50-4742 

FROM 

SCCRETARY OF TllE AIR FORCE PEKSONNLL COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND OR, EE WINC,3RD FLOOR 
ANDKEWS AFB, MD 20762-7002 

AFBQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-t007-OUOll 

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: 

Issue  1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article  15s, a Vacation, seven Letters of Reprimand, two Letters of Counseling, a 
Record of Individual Counseling and a Memorandum lor Record for misconduct.  FIis first Article  15 was 
for failure to go.  He was reduced in grade to Airman First Class, a suspended forfeiture of pay and a 
reprimand.  'The  Vacation action for failure to go resulted in a forfeiture of pay.  His last Article  15 was for 
inaking false official statements.  He was punished with a reduction in grade to Airman, suspended forfeiture 
of pay, and a reprimand.  The applicant had further misconduct and was disciplined  for failure to obey a 
lawful order, failure to report on time, driving under the influence of alcohol, suspended driving privileges, 
dereliction of duty, being late for duty, and showing up for duty unshaven.  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. 

Tssue 2.  The applicant cited his desire to receive the G.I. Rill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement 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 SRA) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Wright-Patterson AFB, OH 
on 23 Jun 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: 29 Oct 81.  Enlmt Age: 20 4/12.  Disch Age:  24 7/12. Educ: HS DIPL. 
AFQT: N/A.  A - 5 9 ,   E-50,  G-55,  M-42. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 10 Jan 04. 

b.  Prior Sv: (1) AFRes 4 Mar 02 -  13 'May 02  (2 months 10 days) (Inactive) . 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 14 May 02 for 6 yrs. Svd: 04 Yrs 01 Mo 10 Das, all AMS. 

b.  Grade Status:  A m  -  10 Mar 04  (Article 15, 10 Mar 06) 
A1C -  27 Jan 06  (Article 15, 27 Jan 06) 
SrA -  01 Nov 04 
A1C -  28 Sun 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 10 Mar 06, Kadena AB, Japan -  Article 107.  You, did, 
on or about 27 Jan 06, with intent to deceive, make to 
MSgt : ........................  $  an official statement, to wit: that 
you checked the duty roster after work on 5 Jan 06, and 
you were not listed as the clearing barrel official on 
the duty roster or words to that effect, which statement 
was false in that you knew that you had been appointed 
as clearing barrel official on the duty roster, and was 
then known by you to be so false.  Article 107.  You, 
did, on or about,27 Jan 06, with intent to deceive, make 
to MSgt : 
; and official statement, to wit: 
TSgt1.-..-..-..-..-..-..-..-..- 1  changed the duty roster after You 
departed work, without informing you he had appointed 
you as clearing barrel official, or words to that effect 
which statement was false in that you knew that you had 
been appointed as clearing barrel official on the duty 
roster, and was then known by you to be so false. 
Article 107.  You, did, on or about 27 Jan 06. with 
'  an 
intent to deceive, make to MSgt: 
official statement, to wit: that you talked to TSgt 

........................ 
. . -. . -. . -. . -. . -. . -. - - - - -? 

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

.-----..1..1..1..1..1**1*1**-- 

b..-..-..-..-..-..-..-..-.. 

:and he admitted he had changed the duty 
roster without telling you, which statement was false in 

that you did not speak to TSgt : ------------- 
known by you to be so false.  Reduction to Airman. 
Suspended forfeiture of $250.00 pay per month for 2 
months.  Reprimand. (No appeal) (No mitigation) 

: and was then 

(2) 28 Feb 06, Vacation, Kadena AB, Japan -  Article 86. 

You, did, between on or about 29 Jan 06 and on or about 
31 Jan 06, without authority, fail to go at the 
prescribed time to your appointed place of duty, to wit: 
Building 613.  Forfeiture of $250.00 pay per month for 2 
months. (No appeal), (No mitigation) 

(3) 27 Jan 06, Kadena AB, Japan -  Article 86.  You, did, on 
or about 9 Jan 06, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Building 718.  Reduction to A1C.  Suspended forfeiture 
of $250.00 pay per month for 2 months.  Reprimand. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 20 FEB 06 -  Failure to go. 

LOR, 28 JAN 06 -  Failure to obey a lawful order or 

LOC, 30 DEC 05 -  Failed to show on time for mandatory 

LOR/UIF, 18 17UL 05 -  Failure to obey a lawful order. 
RIC, 29 APR  05 -  Failure to obey a lawful order or 

regulation. 

training. 

regulation. 

alcohol. 

LOR/UIF, 09 SEP 04 -  Driving under the influence of 

MFR, 19 AUG 04 -  Suspension of driving privileges. 
LOR, 13 APR 04 -  Failure to go. 
LOR, 02 APR 04 - Dereliction of duty. 
LOR, 24 MAR 04 -  Showing up for duty unshaven. 
LOC, 17 MAR  04 -  Late for duty. 

f .  CM:  None 

g.  Record of SV: 14 May 02 -  01 Jun 04  Kadena AB  3  (Initial) 

02 Jun 04 -  01 Jun 05  Kadena AB  3  (Annua1)REF 
02 Jun 05 -  11 May 06  ~adena AB  1  (Cmdr D ~ ~ ) R E F  

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

i.  Stmt of Sv:  TMS:  (04) Yrs  (03) Mos  (20) Das 
TAMS:  (04) Yrs  (01) Mos  (10) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 01 Jan 07. 

(Change Discharge to Honorable) 

Issue 1:  I would like to go to school to finish my degree.  I served four 

years the best I could give for my country,  I got discharged on a bunch of 
minor things over a 2 year period.  Normally you can have paperwork removed but 
not in my unit.  As a result the paperwork just builds ups.  (sic) with no way to 
get rid of it and a system that thinks it's  a bad thing that there is a lot of 

paperwork.  It is setup so that you fail at  it  or PCS to avoid it.  It  (sic) not 
a very  fair system and I  think should have gotten a better discharge. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

FROM: 18 SFSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct:  A 
Pattcrn of Misconduct, Conduct Prejudicial to Good  Order and Discipline.  The authority for this 
action is AFPD 36-32 and AFI 363208, paragraph 550.2.  If my rcc~mmendation is approved, 
your service will be characterized as an Under Honorable Conditions (General) Discharge. I am 
recommending that your sewice be characterized as an Under Honorable Conditions (General) 
Discharge. 

2.  My reasan for this action is: 

a. On 12 Mar 04, you failed to show up at the appropriate time for a mandatory Airman 

Professional Development F o m .  As a result, you received a Letter of Counseling (LOC) on 
17 Mar 04 (Tab 1-1). 

b. On 23 Mar 05, you showed up for a firing appointment unshaven,  As a result, you received 

a LRtter of Reprimand (LOR) on 24 Mar 04 (Tab 1-2). 

c. On 25 Mar 04, you failed to bring your required PT gear to work with you, despite being 

briefed to do so the: previous day.  As a result, you received an LOR on 2 Apr 04 (Tab 1-3). 

d. On 10 Apr 04, you failed to show for a commander-directed stress firing appointment. 
This was not the first time you missed an appointment.  As a result, you received an LOR on 
13 Apr 04 (Tab 1-4). 

e. On or about 14 Aug 04, you operated a vehicle while under the influence of alcohol on 
Chuo Street, Okinawa, City, Okinawa, Japan. As a result, you received an LOR on 9 Sep 04 
(Tab 1-5). 

f. On 24 Apr 05, you filed to conduct a 100% hands-on inspection of 379 EMSOKC'S W 

card, As  s result, you received an LOC on 29 Apr 05 (Tab 1-6). 

*.. 

, 

'%'W 

. 

'.<,&' 

, 

g. On 9 Jul05, you failed to obey a lawful order, .18 WG/CC Liberty Stand-Down Order, 

dated 8 Jul05, despite acknowledging your understanding of this order the previous day.  As a 
result, you &ved 

an LOR on  18 Jul05 (Tab 1-7). 

h. On 30 Dec 05, you failed to amve on time for mandatory supervised remedial training. 

This training was required due to the fact that you failed your annual QC. As a result, you 
re.ccived  an LOC on 30 Dec 05 (Tab 1-8). 

i. On ar about 9 Jan 06, you failed to go to your appointed place of duty at the time 

prescribed.  As a result, you received an Article 15 on 27 Jan 06.  Your punishment consisted of 
a reduction to the grade of Airman First Class; forfeiture of $250.00 pay per month for two 
months, suspended for six months; and a reprimand (Tab 1-9). 

j. On or about 26 Dec 05, you failed to obey an order to get your flu shot.  This order was 

given to you during guard mount on or about 26 Dec 05.  As a resdt, you received an LOR on 
28 Jan 06 (Tab 1-10). 

k. On or about 18 Fab 06, you failed to conduct bay orderly duty, and could not be located. 

As a result, you received an LOR on 20 Pcb 06 (Tab 1-1 1). 

I.  Between on or about 29 Jan 06 and 3 1 Jan 06, you failed to go to your appointed place of 
duty at the time prescribed.  As a result, the previous suspended portion of your Article 15 was 
vacated on 28 Feb 06, and you forfeited $250.00 pay per month for two months (Tab 1-12). 

m. On or about 27 Jan 06, you lied to MSgti- --- --- --- --- -----, 

: telling him you had checked the 

duty roster, when, in fact, you had not.  As a result, you received an Micle 15 on 10 Mar 06. 
Your punishment consisted of a reduction to the rank of Airman, forfeiture of $250.00 pay per 
month for two months, suspended for six months; and a reprimand (Tab 1-13). 

------------------- 

3.  You bave the right to consult counsel. Military legal counsel has been obtained to assist you. 

appointment for you to consult  fke  4 8 c  at  &/& 
at 

hours.  You may consult civilian co&sel  at your own expense. 

ry&,  on 

,N!A 

4.  You have the right to submit statements in your o 

separation authority to consider must reach me by  F? 3J.I 

behalf.  Any statements you want the 
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 have been scheduled for a medical examination. You must report to  $14 
A at 

hours for the examination. &2  : & y / r d   c ;*+&  a9 I 6  

on 

06 

7.  Any pasod infomation you firrnish in rebuttal is covend by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use at Area Defense Counsel's Office, Bldg i 460. 

8.  Execute the attached acknowledgment and mtum it to me immediately. 

: - . - . . - . . - . . - . . - . . . - - - - - - - - . - - - - - - - - - - . - - - - - - - - - - . - - - - - - - - - - - - - - - - - m  

Commander, 1 8th Security Forces Squadron 

Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification Memorandum