1 
1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 
AMN 

I  AFSNISSAN 

YLY -I 

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PERSONAL APPEARANCE 

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I  RECORD REVIE 

NAME OF COUNSEI,  AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION  OF COIJNSEL 

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MEMBER SITTING 

HON 

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GEN 

VOTE OF THE BOARI) 

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UOTFIC 

1  OTHER 

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1 

DENY 

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" E ~ ~ I B I T S  

SUBMITTED TO THE BOARD 

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ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S RELEASE TO THC BOAKIJ 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING  OF PERSONAI,  APPEARANCE HE 

11EARINI: DATE 

1  24 May 2007 

CASE NUMBER 

I  FD-2007-00017 

I 

I 

I 

1  Case heard  in Washington, D.C. 
1  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. 
1  Names and votes will be made available to the applicant at the applicant's  request. 

.--------------------------------.->----------------------------,---------------------------------------------, 

INDORSEMENT 

DATE:  5/29/2007 

TO: 

I 

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

AFHQ FORM 0-2077, JAN 00 

FROM: 

SECRETARY OY THE AIH bOHCE PERSONNEL COIJNCIL 
AIR FORCE DlSCllARCE REVIEW BOARD 
1535 COMMAND DR, EE WINti,3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

1 

(EF-V2) 

Previous edition will be used 

J 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL FUTIONALE 

CASE NLIMBEH 

FD-2007-00017 

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.  He contends that his 
discharge was expedited because the Air Force was going through Force Shaping.  The records indicated the 
applicant received an Article  15, a Vacation, four Letters of Reprimand, and two Letters of Counseling for 
misconduct.  The applicant received an Article  15 for failure to go to his appointed place of duty and making 
a false official statement.  He was punished with a reduction in grade to Airman, suspended forfeiture of pay 
and a reprimand.  The Vacation action was for failure to go to his appointed place of duty and failure to pay 
a debt to the Military Star Program.  For this misconduct, he was punished with a forfeiture of pay for two 
months.  The applicant had additional misconduct and was administratively disciplined for being late for 
duty, failure to go, substandard training progression, and violation of the Dress and Appearance Standards. 
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 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 rec'd a GEN Disch fr USAF Schriever AFB, CO on 8 
Nov 04 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 2 Aug 82.  Enlmt Age: 19 9/12.  Disch Age: 22 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-88,  E-91,  G-89,  M-86. PAFSC: 3C231 -  Communications-Computer 
Systems Control Apprentice. DAS: 6 Jan 03. 

b.  prior Sv: (1) AFRes 10 May 02 -  10 Jun 02  (1 month 1 day) (Inactive) 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 11 Jun 02 for 6  yrs. Svd: 02 Yrs 04 Mo 28 Das, all AMS. 

b.  Grade Status:  Amn -  18 May 04  (~rticle 15, 18 May 04) 

A1C -  29 Jul 02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 24 Sep 04, Vacation, Schriever AFB, CO -  Article 86. 

You, did, on or about 10 Aug  04, without authority, fail 
to go at the time prescribed to your appointed place of 
duty, to wit: Building 220.  Article 134.  You, being 
indebted to Military Star Program in a certain sum for 
credit purchases, which amount became due and payable on 
or about 8 Jul 04, did at or near Colorado Springs, 
Colorado from 8 Jul 04 to 14 Sep 04, dishonorably fail 
to pay said debt.  Forfeiture of $200.00 pay per month 
for 2 months. (No appeal) (No mitigation) 

(2) 18 May 04, Schriever AFB, CO -  Article 86.  You did, on 
or about 30 Apr 04, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
building 400, mod  3.  Article 86.  You, did, on or about 
4 May 04, without authority, fail to go at the time 
prescribed to your appointed place of duty, to wit: 
building 400, mod 3.  Article 107.  You, did, on or 
.---------------- 
--------- 
about 26 Apr 04, with intent to deceive, make to TSgt 
.-------------------------- 
i,  an official statement, to wit:  "I 
didn't come to work, on 25 Apr 04, because I went to 
sick call at Peterson Air Force Base," or words to that 
effect, which statement was totally false, and was then 
known by you to be so false.  Reduction to Airman. 

Suspended forfeiture of $200.00 pay per month for 2 
months.  Reprimand. (No appeal)  (No mitigation) 

e.  Additional: LOR, 23 SEP 04 -  Late for duty and failure to go to a 

dental appointment. 

LOR, 23 SEP 04 -  Failure to go. 
LOR, 04 SEP 04 -  Substandard training progression. 
LOC, 30 APR 04 -  Violation of Dress and Appearance 

LOR, 26 APR 04 -  Failure to go. 
LOC, 17 JAN 04 -  Violation of Dress and Appearance 

Standards. 

Standards. 

f.  CM:  None. 

g.  Record of SV: 11 Jun 02 -  15 Jan 04  Schiever AFB  3  (HAF Dir) 

h.  Awards &  Decs:  AFOUA, NDSM, ASCM, AFTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (05) Mos  (29) Das 
TAMS: (02) Yrs  (04) Mos  (28) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02 Jan 07. 

(Change Discharge to Honorable) 

Issue 1:  I would like to upgrade my discharge because I believe it was 

expedited due to the Air Force going through a Force Reshaping at the time.  In 
which any persons with article 15's or UIF's on their records would be singled 
out to be removed from the current Air Force structure.  I do not believe my 
actions warranted me being generally di'scharged or losing my VA/MGIB benefits. 

The reason for my Unfavorable Information File is because the length of 
punishment stated on my Article 15 was long enough to warrant having a UIF 
opened.  Aside from that there was no other reason for having one. 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

rornsrweEmncwwc) 

MEMORANDUM FOR AMN : 

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

50 SCS 

FROM:  50 SCSICC 

SUBJECT:  Notification M a n d u r n  

your discharge from the United States Air Force for misconduct, 

1.  I am rew- 
specifically minor disciplinary idractions.  The authority for thh action is AFPD 36-32 and 
AFI 363208, pagraph 5.49. If my ccco-on 
cbaracterizad as boaorable or undet honorable conditions (general). I am rccommdhg that 
your current term of service be c h a m s a i d  as geasral. 

is approved, your service will be 

2.  My msons for this action are: 

a On or about 17 Jan 04, you arrived for duly wearing a dirty uniform and displaying poor 

personal hygiene.  This constituted a violation of Art 92 of the Unifonn Code of Military Justice 
( U o .  As a dt, you received a Let&  of Counselkg (LOC),  dated I7 Jan W. (Atch. la) 

b.  On or about 26 Apt 04, you failad to report to duty at the prescribed time. This 

constituted a violation of Art 86 of the UCMJ,  As a mult you M v c d  a Lettex of Reprimand 
(LOR),  dated 26 Apr 04.  (Atch. 1 b) 

c.  On or about 30 Apr 04, it came to the attention of your Oyw Commander, 2LTb - - , - -   --- --! 
.-..-..-, 
! that you failed several days in a row to have your hair cut to the standard prescribed by 
b . -. -. .-a' 
AFI 36-2903.  This constituted a violation of Art 92 of the UCMJ.  As a result you rewived an 
LDC, dated 30 Apr 04. (Atcb.  lc) 

I - - - - - - - - - -  

d Qn or abut 30 Apt 04 and on or about 4 May 04, you, without authority, failed to go at 

the prwcribed time to youfplace of duty.  On or about 26 Apr 04, you, with the intent to deceive, 
made a false official statement.  These actions umtituted violations of Art 86 d 107 of the 
UCMJ. As a result, nonjudicial punishment was imposed on 18 May 04 with a punbhment of 
reduction to the grade of Airman, and a forfeiture of $200.00 pay per month for two months, 
suspended.  (Atch.  Id) 

e.  On or about 2 Sep 04, it came to the attention of your Crew Manager, TSd - - - - - - - - - - - - - - - - -$ 

that you had not made adequate training progression.  Tbis constitutai a violation of Art 91 of 
the UCMJ.  As a result you received an LOR, dated 4 Sep 04. (Atch.  lo) 

MASTER OF  SPACE 

f.  On or about 21 Sep 04, you failad to go to you assigned plaoc of duty, This constituted a 
 you rewived an LOR, dated 23 Scp 04.  (Atch.  If) 

violation of Art 86 of the UCMJ. As a d

t

g.  On or b u t  13 Sep 04, it cane to the sttention of your Flight Commander, Marj  - - - - i 
ithat you had failed to go to your assigncd plrtGe of duty, on divers occasions.  This 

,..-..- 
: C-..-.. 
constituted a violation of Art 86 of the UCW.  As a result you received an LOR, dated 23 Sep 
04. (Atch. lg) 

h.  On or about 10 Aug 04, you, without authority, failed to go at the pmdbed time to your 
p l m  of duty and btwwn on or about 8 Jd 04 and on or about 14 Sep 04, dishonorably failed to 
pay a just debt,  These actions constituted violatiom of Art 86 and 134 of the UCMJ. As a result, 
I matted the suspension of your prior nonjudicial punisbmcnt.  (Atch lh) 

, 

3.  Copies of tbe docummts to be f o d e d  to the scpation authority in support of this 
mommendation am attachd  The w
higher authority will decide w h e t k  you will be discbarged or mtained in the Air Force and, if 
you are discharged, how your d c e  will be characterized.  If you me discharged, you will h 
ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistaacs 
funds may be s u I j e ~ t  to mupment, 

exercising Special Court-Martial juridiction or a 

m

 

4.  You have the right to consult counsel,  Militmy legal c o ~ l
has been obtained to mist you. 
An appointment has b#o made fix you to consult the Araa Defense Counsel OBce, 556-761 1, 
04 at 1100 h a m  You may consult civilian counsel at 
135 Dover St, Peterson AFB, on 
your own expense,  Civilian counsel, if unploycd, must be d l y  available. 

 

5.  You have the right to sulnnit statements in your own behalf.  Any statemants you want the 
seperaton autbity to consider must reach me wid&  3 duty day from the date you receive this 
memomdm of notification unless you request and receive an extension for good cause shown, 
I will d them to the separation authori@. 

6.  If you fail to consult couascl or to submit datemats in your own behalf, your firilure wilI 
~ ~ o a t i h t e  a waivei of your Iight to do so. 

7,  You have ban scheduled for a medical e m m .
Form 2697 (Atch 5) and rcport to the Scbricvcr AFB Flight Medicine fdr your scheduled 
appointment on 13 Oct 04 at 1000. You must atrive 20 minutes prior to the stheduled 
appointment time. 

 You must complete the attached DD 

8,  You must report to W F  Separations on 13 Oct 04 at 

rewive a b r i e b  

9.  Any p m n a l  information you furnish in rebuttal is covered by the Privacy Act of 1974, 
A oopy o f  AFI 36-3208 is available for your use in your unit orderly m. 

....................................................... 
~ o n m m i c f ,  S O ( ~  space ~ m u n i ~ a t i o w  sq&n 

Atwhmcnt8: 
1.  D8rogatoIyDsta: 

a L,QC,dsted,l7Jan04 
b.  WFt,  dated, 26 Apr 03 
c,  LOC, dated,  30 Apr 04 
d.  AF Farm 3070, dated, 24 May 04 
e.  LORdatad,4 Sep03 
f  LX3Ft,dat~d,23Sep04 
g.  LOR dated, 23 Sep W 
h.  AF Form 3070, dated, 24 Sep 04 

2.  Ainman'a Receipt of Notification 
3.  Aixman's  Statement 
4.  Recoupmentstatcmant 
5.  DD Form2697