1 
I 

1 

1 

I 

I 
1  NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

 TYPE  GEN 

I 

( 

PERSONAL APPEARANCE 

I  AFSNISSAN 

GRADE 

A1 C 

RECORD REVIEW 

ADDRESS AND OR ORGANlWTlON OF COUNSEL 

I 

MEMBER SITTING 

HON 

GEN 

UOTHC 

OTHER 

DENY 

X 

ISSUES 

A94.06 
A92.06 
A92.02 
A92.16 
A67.10 
A92.04 

HEARING DATE 

12 Jun 2007 

1 
2 
3 
4 

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

I  TAPE RECORDING OF PERSONAL APPEARANCE HE 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board 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. 

TO: 

SAFIMRBR 
550 c STREET w w r ,  SUII'E  40 
RANDOLPH AFB, TX 78 150-4742 

-- 

-  - 

AFHQ FORM 0-2077, JAN 00 

FROM: 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCll 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMANDDR. EE WING.3RD FLOOR 
ANDREWS APB. MD 20162-1002 

(EF-V2) 

P r e v i o u s  edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

RD-2007-00031 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The  applicant  was  offered  and  scheduled  for  a  personal  appearance  before  the  Discharge  Review  Board 
(DRB), via video teleconference between Andrews AFB, MD and Robins AFB, GA on  12 June 2007, but on 
the day of the hearing, ultimately declined to exercise his right to a personal appearance. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The Board grants the requested relief. 

The discharge is upgraded to honorable. 

The Board finds that  the evidence of record  substantiates the applicant's  request  for a change of discharge 
characterization. 

ISSUE: 

Applicant contends discharge was inequitable because the positive contributions he made during his service 
outweigh the minor negative misconduct with which he was charged.  Although the records indicated the 
applicant received one Article  15, five Letters of Reprimand, one Letter of Counseling, and four Records of 
Individual Counseling for various misconduct, the DRB opined that almost all of these administrative 
actions were for very minor offenses, and some were not given much, if any weight due to the explanations 
and rebuttals provided by the applicant.  Additionally, the DRB took note of the applicant's duty 
performance as documented by his annual performance reports, letters of recommendation, and his many 
other accomplishments.  Particularly remarkable were his extensive volunteer activities, a stellar four-month 
long deployment to Kirkuk Air Base, Iraq in support of OPERATION Iraqi Freedom, and his year-long 
Honor Guard service.  These and his other accomplishments more than offset the minor negative aspects of 
the applicant's active duty service.  The Board found the general discharge characterization was 
inappropriately harsh considering the entirety of the applicant's  service. 

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 concludes that the 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 Title  10, USC 1553. 

Attachment: 
Examiner's Brief 

- 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Holloman AFB, NM on 7 
Dec 06. UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND : 

a. DOB: 21 Sep 81.  Enlmt Age: 20 5/12.  Disch Age: 25 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-49,  E-36,  (3-49, M-60. PAFSC: 33451 -  Utilities Systems 
Journeyman. DAS: 11 Sep 02. 

b.  Prior Sv: (1) AFRes 18 Mar 02 -  28 Apr 02  (1 month 11 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 29 Apr 02 for 6 yrs. Svd: 04 Yrs 07 Mo 09 Das, all AMS. 

b.  Grade Status:  A1C -  29 Aug 06  (Article 15, 29 Aug 06) 

SrA -  14 Oct 04 
AIC -  14 Jun 02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 29 Aug 06, Holloman AFB, NM  -  Article 86.  You, did, on 

divers occasions, between on or about 07 Aug 06 and on 
or about 09 Aug  06, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Holloman AFB Fitness Center, located on Holloman AFB, 
NM.  Article 92.  Y?y,--hg-yi$g-,knowledge of a lawful 
:  to wit: "you will attend 
order issued by 2Lt: 
mandatory squadron PT on Monday, Wednesday and Friday at 
0600" or words to that effect, an order which it was 
your duty to obey, did, at or near Holloman AFB, NM, on 
divers occasions between on or about 07 Aug  06 and on or 
about 09 Aug 06, fail to obey the same by wrongfully 
failing to attend mandatory squadron PT.  Reduction to 
AlC, 14 days extra duty, and a reprimand. 
(Appeal/Denied) (No mitigation) 

C..-..-....-..-..If 

e.  Additional: LOR, 27 MAR 06 -  Failure to go. 

LOR, 09 MAR  06 -  Failed room inspection. 
LOR, 13 FEB 06 - Violation of dress and appearance 

standards . 

LOC, 12 DEC 05 -  Failure to manage time and appointments 

RIC, 03 DEC 03 -  Failure to obey an order. 

effectively. 

LOR, 08 JUL 03 -  Failure to go. 
LOR, 08 JUL 03 -  Failure to respond to standby call. 
RIC, 23 MAY 03  -  Late for work. 
RIC, 21 MAR 03 -  Reckless driving. 
RIC, 24 SEP 02 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: 29 Apr 02 -  29 Dec 03  Holloman AFB  4  (~nitial) 

30 Dec 03 -  21 Oct 04  Holloman AFB  5 
22 Oct 04 -  21 Oct 0 5   Holloman AFB  4  (Annual) 
22 Oct 05 -  21 Apr 06  Holloman AFB  2 
(CR0)REF 

(CRO) 

h.  Awards &  Decs:  AFTR, AFLSAR, AFESR W/GB, GWOTSM, GWOTEM, AFEM, NDSM, 

AFGCM, AFOUA W/VALOR, AFAM. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (08) Mos  (20) Das 
TAMS:  (04) Yrs  (07) Mos  (09) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Dec 06 

(Change Discharge to Honorable) 

..-.- ...........-.-.-.-.-.... 

Issue 1:  My discharge should be change (sic) for the very same reason one 
:felt it should be changed.  It was not fair and 

star General : 
depicts the Air Force as a Force that will not adhere to EEO ideals.  This 
should not have been allowed to take place. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

ATCH 
1. DD Form 2 1 4 .  
2. AF IMT  100. 
3 .   Five Discharge Documents. 
4. Two Photos. 
5 .   Four Character References. 
6. Two Certificates of Achievement 
7. Air Force Achievement Medal. 
8. Training Certificate. 
9 .   Certificate of Recognition. 
10. Personal Statement. 
11.  Three Photos. 
12. List of Personal Achievements. 

CML ENONEERN5 SQUADRON 

HOLLOW  AIR FORCE Msr. NEW MEXICO 

MEMORANDUM FOR  c;. . . . . . . . . . . . . . . . . -. . -. . -. . -. . -! 
FROM:  49 CES/CC 

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

SUBJECT: Notification Memorandum 

1.  I am recommending your discbarge from the United States Air Force for Minor Disciplinary 
lafiactions.  The authority for this action is AFPD 36-32, Military Retirements and Separations 
(14 Jul93), and AFI 36-3208, Administrative Separation ofAinnen (9 Jul04), paragraph 5.49.  If 
my recommendation is approved, your service will be characterized as Under Honorable 
Conditions (General). 

2.  My reasons for this action are: 

(a)  You, did, at or near Holloman Air Force Base, New Mexico, on divers occasions, 

between on or about 07 Aug 06 and on or h u t  09 Aug 06, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit:  Holloman Air Force Base Fitness 
Center, located on Holloman Air Force Base, New Mexico. 

@)  You, having knowledge of a lawful order issued by Second Lieutenant: - - - - - - - - - - - - -, 
; to 
wit:  'you will attend mandatory squadron PT on Monday, Wednesday and Friday at 0600" or 
words to that effect, an or&  which it wss your duty to obey, did, at or near Holloman Air Force 
Base, New Mexico, on divers occasions, between on or about 07 Aug 06 and on or about 09 Aug 
06, fajl to obey the same by wrongfully failing to attend mandatory squadron PT.  For this 
misconduct, you received an Article 15, dated 29 Aug 06.  (Atch 1) 

(c) You, did, at or near Holloman Air Force Base, New Mexico, on or about 16 Mar 06, 

without authority, fail to go at the time prescribed to your appointed place of duty, to wit: 
49th Aeromedical Dental Squadron, located on Holloman Air Force Base, New Mexico.  For this 
misconduct, you received a Letter of Reprimand (LOR), dated 27 Mar 06.  (Atch 2 )  

(d) You, who h e w  or should have known of your duties at or near Holloman Air Force 

Base, New Mexico, on or about 2 Mar 06, were derelict in the performance of those duties in that 
you willfully failed to ensure your room was clean and in inspection order, as it was your duty to 
do.  For this misconduct, you received an LOR, dated 9 Mar 06.  (Atch 3 )  

(e) You, did, at or near Holloman Air Force Base, New Mexico, on or about 10 Feb 06, 

violate a lawful general regulation, to wit:  Air Force Instruction 36-2903, Table 1.5, dated 2 Aug 
06, by wronghny wearing earring in both your ears.  For this misconduct, you received an 
LOR, dated 13 Feb 06.  (Atch 4) 

FCo6aC Power for  Jmcn'ca 

(f)  You, did, at or near Hollomm Air Force Base, New Mexico, between on or about 1 Nov 
an 
05 and between on or about 30 Nov 05, with intent to dcccivt, makt to MSgti ------- -- ----- -- - )  
official statement, to wit:  you were going to have surgery on 1 Dec 05 for your ankle, which 
statemeat was totally false, and was then known by you to be so false.  For this misconduct, you 
received a LRtter of Counseling (LOC), dated 12 Dec 05.  (Atch 5) 

.------ 

j to wit:  "you 

(g) You, having lmowledge of a lawful orda issued by Master Sergean4 

will sign back in ftom leave on Monday 1 Dec 05,"  or words to that effect,  order which it was 
y o u  duty to obey, did, at or near Holloman Air Force Base, New Mexico, on d i v m  occasions, 
between on or about 1 D ~ G  05 and on or about 3 Dec 05, fail to obey the same by wrongfully 
failing to sign back in fkom leave on the specified date.  For this misconduct, you received a 
Record of Individual Cowweling (RIC), dated 3 Dec 03.  (Atch 6) 

, 

(h) You, did, at or near Holloman Air Force Base, New Mexico, on or about 8 Jul03, 

without authority, fail to go at the time prescribed to your appointed place of duty, to wit:  Base 
Gym, located on Holloman Air Force Base, New Mexico.  For this misconduct, you received an 
LOR, dated 8 Jul03.  (Atch 7) 

(i)  You, who h e w  or should have known of your duties at or near Holloman Air Force 

Base, New Mexico, on or about 8 Jul03, were derelict in the performance of those duties in that 
you willfully failed to respond to a standby call, as it was your duty to do.  For this misconduct, 
you received an LOR, dated 8 Jul03.  (Atch 8) 

0) Yoy did, on or about 23 May 03, without authdty, absent yourself from your place of 

duty at which you were required to be, to wit:  49th Civil Engineering Squadron, located at 
Holloman Air Force Base, New Mexico, and did remain so absent until on or about 23 May 03. 
For this misconduct,  you received an RIC, dated 23 May 03. (Atch 9) 

(k) You, who knew of your duties, at or near Holloman Air Force Base, New Mexico, on 

divm occasions, between on or abut 13 Sep 02 and on or about 18 Mar 03, were derelict in the 
performance of those duties, in that you willfidly failed to obey traffic laws, as it was your duty 
to do.  For this misconduct, you received an RIC, dated 21 Mar 03,  (Atch 10) 

(I) You,  did, on or about 23 Sep 02, without authority, absent yourself fiom your place of 

duty at which you were required to be, to wit:  49th Civil Engineering Squadron, located at 
Holloman Air Force Base, New Mexico, and did remain so absent until on or about 23 Sep 02. 
For this misconduct, you received an RIC, dated 24 Scp 02.  (Atch 11) 

3.  Copies of the documents to be forwarded to tbe separation authority in support of this 
recommendation are attached. The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the United States Air Force and, if you 
are discharged, how your service wilI be characterized.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistmce 
funds may be subject to recoupment  The separation authority will make the findings and 
recommendations required under 10 U.S.C. Section 2005(g). 

4.  You have the right to coxudt counsel. Military legal , - - - - - - - - - - - - - - - - - - - - - - - -  
I have made an appointment for you to wnsult Captairi- - - - - - - - - -  -- - - - - - - - - - - - - 

counsel has been obtained to assist you. 

bt Bldg 222, on 

NhJb  , at  1600 

hours.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf  Any statements you want the 
separation authority to considsr must reach me by  15  h)&  I)(p  unless you request and 
receive an extension for good cause shown I will send hem  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 your right to do so. 

7.  You have been scheduled for a medi 

Clinic, Family Practice Bldg 1 5 on @& LU  , at - 0 TSL)_ bow for the examination. 

examination. You must report to Family Pwtice 

8.  You have been scheduled for a Separations briefing.  You must report to Bldg 222 on 

& , at -0 

h a m  for your bricfurg. 

9.  YOU will be escorted by 5Lfi ! 
You are ordered to p m c d  to youi'iikdif'iomi~r~~urmd your escort wffl then 
immediately report to the NCOIC, Adverse Actions in the Military Justice Section of the 
49 FWIJA office. 

i to all o u t p ~ e s a i a g  appoiutments. 

I - - - - - - - - - - - - - - - - - - - - - - - - -  

10.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
capy of AFT 36-3208 is available for your use at 49 FW legal office. 

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

.---------------------.- 

................................ 
1 

Commander 

Atchs: 
1.  Article 15, dated 29 Aug 06 
2.  LOR, dated 27 Mar 06 
3.  LOR, dated 9 Mar 06 
4.  LOR,  dated 13 Feb 06 
5.  LOC, dated 12 Dec 05 
6.  RIC, dated 3 Dec 03 
7.  LOR, dated 8 Jul03 
8. LOR, dated 8 Ju103 
9.  IUC, dated 23 May 03 
10. RIC, dated 21 Mar 03 
1 1. RIC, dated 24 Sep 02 
12. Receipt of Notification Memorandum