1 
I NAME O F  SERVICI. MEDIRER (I.AST.  FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  AFSNISSAN 

:...................r 
TYPIC GEN 
CQVNSBL 

PERSONAL APPEARANCE 

NAME oc COUNSL~. AND OR ORCANIZA  ION 

RECORD REVIEW 

X 
AllDRESS  ANll ORORCANILATION OF COUNSEL 

YE9 

No 

X 

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MEMBER SITTING 

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, -A 

HON  G

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VOTE OF THE BOARD 
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, ..- 
I  OTHER'-~.NY 
 

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N

A94.53 

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INDLX NIJMREH 

A64.00 

1 

I 

1  IIEARINC DATE 

CASE NUMBER 

EXHIBITG S I J B M ~ E D  TO ' r d ~  soak11 

X 

0KL)FRAPPOIN'TING  THE HOARD 

1 
1  2  1  AI'PLICATION  FOR REVIEW O F  DISC1 IARGE 
3  (  LE.T.TER OF NOTIFICATION 
4 
BR1131: OF PERSONNEL  FII.tJ 
COUNSEI.'S  RELEASE 'I'O  THE ROAliD 
ADI)ITIONAI.  EXHIBITS SIIDMITTED A'I' TIME OF 
PERSONAL AI'I'EARANCE 

(  TAPL IUCORDING OF PERSONAL APFbAKANCF  I  It 

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. 

550 C  S I  REET WFST, SUII'P  40 
RANIIOLPH AFB, TX 781 50-4742 

I 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF  I  HE,  AIR  FORC b  PERSONNEL COUNCIL 
AIR  FORCE DlSCH4RCE RELlkW  BOARD 
1535 COMMAND DR. Lti WINO, JRll bl,OOR 
ANDREWS AFB, MD 2U762.7002 

I 

(EF-V2) 

Previous edition will be used 

1 

1 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECl SIONAL RATIONALE 

CASE NUMBER 

Fn-2007-00035 

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

The applicant was offered a persolla1 appearance beforc the Discharge Review Board (L3RB) but declined lo 
exercise this right. 

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

FINDINGS:  Upgrade of discharge is denied. 

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify a change o r  
discharge. 

ISSUE: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  The records indicated the applicant received five Article  15s, two 
Letters of Reprimand, four Records of Individual Counseling, a Memorandum for Record, and four AF Form 
341 s for misconduct.  The first Article  15 was for selling a wristlct to another airinan which was property of 
the United States.  He was punished with a forfeiture of pay for one month.  The second Article  15 was 
received while assigned as a trainee, he wrongfully entered a permanent party dormitory; was out of ~uliforin 
whilc outside of his assigned dormitory room during Phase 1; and for stealing clothing from the laundry 
room.  Hc was punished with a forfeiture of pay for two months and 30 days of extra duty.  'lhc third Article 
15 was for failing to accomplish his extra-duty requirements.  As a result, he forfeited pay for two months 
and performed 45 days of extra duty.  His fourth Article  15 was for failure to go to his appointed place of 
duty.  He was punished with a restriction to Chanute AFR for 45 days and restricted from entering the 
premises of the Commuility College Center for 45 days.  The applicant had additional misconduct and was 
administratively disciplined  for sleeping on duty, dereliction of duty, being outside without proper safety 
gear, being out of uniform and not marching in formation, disrespect towards an NCO, delayed entry into 
Phase I1 of training, lack of military bearing, and insubordinate conduct.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board 
concluded the applicant's  miscoiiduct was a significant departure from conduct expected of all military 
members.  The characterization of the discharge received by the applicant was Sound lo 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 f~111 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 

A 

DEPARTMENT  O F   THE  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AB)  (HGH AB) 

1.  MATTER  UNDER  REVIEW:  Appl recid a UOTHC Disch fr USAF Chanute AFB, IL on 4 
Feb 92 UP AFR 39-10, para 5-47a (Pattern of Misconduct -  Discreditable 
Involvement With Military or Civil ~uthorities). Appeals for Honorable 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 26 Jul 73.  Enlmt Age: 17 8 / 1 2 .   Disch Age: 18 6/12. Educ: HS DIPL. 

 E-42,  G-76,  M-71. PAFSC: 45812 -  Aircraft Structural 

AFQT: N/A.  A
Maintenance Helper. DAS: 8 Oct 91. 

-

b.  Prior Sv: (1) AFRes 6 Apr 91 -  18 Jun 91 (2 months 13 days) (Inactive) . 

3 .  

S E R V I C E   UNDER  REVIEW: 

a.  Enlisted as AB 19 Jun 91 for 4 yrs. Svd: 00 Yrs 07 Mo 16 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Jan 92, Chanute AFB, IL -  Article 86.  You, did, on 
or about 6 Jan 92, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Building 303E, 3362 Student Squadron.  Restriction to 
the Limits of Chanute AFB, IL, for 45  days, and 
Restriction from entering the premises of the Community 
College Center at Chanute AFB, I L ,   for 45 days  (Both 
remitted on 4 Feb 92). (No appeal)  (No mitigation) 

(2) 30 Dec 91, Chanute AFB, IL -  Article 92.  In that you, 

who knew of your duties, on or about 15 Dec 91, were 
derelict in the performance of those duties in that you 
willfully failed to accomplish your extra-duty 
requirements, as it was your duty to do.  Forfeiture of 
$376.95 pay per month for two months.  Forty five days 
extra duty  (extra duty remitted on 4 Feb 92) . 
(No appeal) (No mitigation) 

(3) 13 Dec 91, Chanute AFB, IL -  Article 91.  In that, you, 

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

having received a lawful order from Sgt: 
an NCO, then known by you to be an NCO, to leave the 
premises of Building 306, an order which it was your 
duty to obey, did, on or about 29 Nov 91, willfully 
disobey the same.  Article 92.  In that you, a trainee 

L-....-..-....-..-.-----? 

attending a technical training school, did, on or about 
29 Nov 91, violate a lawful general regulation, to wit: 
paragraph 2b, Chanute Technical Training Center 
Regulation 39-1, dated 5  Jun 89, by wrongfully entering 
Building 306E, a permanent party dormitory.  Article 92. 
In that you, a trainee attending a technical training 
school, did, on or about 7 Dec 1991 and 8 Dec 91, 
violate a lawful general regulation, to wit: paragraph 
A1-2a(l), Center Supplement 1, dated 11 Feb 91, to Air 
Training Command Regulation 52-7, dated 30 Mar 90, by 
wrongfully being out of uniform while ouside your 
assigned dormitory room during phase I.  Article 121. 
In that you, did, on or about 1 Dec 91, steal clothing 
from the laundry room in Building 303 of a value less 
than $100.00, the property of AB Beason and AB Moss. 
Forfeiture of $376.95 pay per month for two months and 
30 days extra duty. (No appeal)  (No mitigation) 

(4) 07 Oct 91, Sheppard AFB, TX -  Article 108.  You d i d ,   on 
or about 25 Aug  91, without proper authority, sell to AB 
Jeffrey A. Huff, a wristlet of some value, military 
property of the United States.  Forfeiture of  $150.00 
pay for one month.  (No appeal)  (No mitigation) 

e.  Additional: CR, 09 JAN 92 -  Serious lack of military discipline and 

LOR/UIF, 09 JAN 92 -  Sleeping on duty. 
ATC 341, 17 DEC 91 -  Outside in darkness without safety 

extremely poor judgement. 

gear.  Not dressed in proper weather 
code clothes.  ~rinking soda; no 
military bearing. 

ATC 341, 15 DEC 91 - Dereliction of duty. 
ATC 341, 20 NOV 91 -  Out of uniform and not marching in 

RTC, 07 NOV 91 -  Room failure -  Energy Conservation 

formation. 

Violation. 

AETC 341, 23 OCT 91 -  Security violation. 
LOR, 29 AUG 91 -  Disrespect to an NCO and instructor. 
RIC, 28 AUG 91 -  Room failure. 
MFR, 22 AUG 91 -  Delayed entry into Phase II of training. 
RTC, 27 AUG 91 -  Insubordinate conduct. 
RIC, 21 AUG 91 -  Violation of Squadron policy and lack of 

military bearing. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (00) Yrs  (09) Mos  (29) Das 
TAMS:  (00) Yrs  (07) Mos  (16) Das 

4 .   BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Jan 07. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None 

a DEPARTMENT  OF THE  AIR FORCE- 

3330TH TECHNICAL TRAINING WING  (ATC) 

CHANUTE AIR  FORCE BASE IL  6 1 888-5000 

REPLY TO 
A ~ N O F :   3362  STUS/CC 
SUBJECT:  Addendum to Notification Letter, 17 Jan 92 - Board Hearing 

TO 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
1 --------------------------------------------! 

3362d  Student Squadron 

1.  In my original letter T  recommended your discharge from the United 
States Air Force for your pattern of misconduct consisting of your dis- 
creditable involvement with military authorities according to AFR 39-10, 
under the provisions of paragraph 5-47a. 

2,  You were informed that this action could result in your separation 
with an other than honorable conditions discharge.  This is being amended 
to read:  that this action could result in your separation with an under 
other than honorable conditions discharge. 

3.  In addition to the rights mentioned in my previous notification letter, 
you should again confer with your legal counsel and reply, in writing, 
within 7 workdays, specifying the rights you choose to exercise.  The state- 
ment must be signed in the presence of your counsel who also will sign it. 
If you fail to respond, your failure will constitute a waiver of the right 
to a board hearing. 

/ 

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

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

Commander 

1 Atch 
Acknowledgment of Receipt of 
Addendum to Notification Ltr 

DEPARTMENT OF THE  AIR  FORC 
CHANUTE AIR FORCE BASE IL  6 1868-5000 

3330TH TECHNICAL TRAINING WING (ATC) 

ooo 35- 

REPLY TO 
ArrN OF: 

3362 STUS/CC 

Not1 f ication Letter--Board  Hearing 

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

i 

TO:  AB 1 ............................................ 

3362d  Student Squadron 

I  am recommending your discharge  from the United States Air  Force  for 
1. 
your pattern  af  migconduct  consisting  of  your dircreditable involvement with 
military  authorities  according  to  AFR 38-10,  undes  the  provisions  of 
paragraph  5-47a. 
Copies of  the documents to be  forwarded  to the  separation 
authority  to support  this recommendation are attached. 

2.  My  seasons for this action are: 

a.  That on or about,  16 August  1991.. at  Sheppard Air  Force Base, Texaa, 
knowing  of  your duty  to remain in uniform when  departing  your  dormitory 
Foom, you were derelict  in  the performance  of  that duty by  wearing  civilian 
clothing outside your  assigned  dormitory room. 

.  That  on  or about, 25 August  1991, you did, at Sheppard  A 
b 
Base, 
m i s t  

Texas,  without  proper  authority, sell to AB  : . . -. -. . -. . . . -. . -. -. - - - - - - -:' a 

let of  some value, military property  of  the United States. 

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

Force 

c. 

That  on or about  27 August  l Q Q ~ , - a t - ~ h $ ~ p a r d  

Air  Force Base, Texas, 
---------------- i,  then known by  you to be  a 
you were disrespectful  in  toward (3s-9 
technical training instructor, who was  then in the execution of  her  office, 
by  gaying  'not  now, I'm  just too sleepy to do this right now.' 

6 .  

That  between about 22 August  1991 and  27 August  1991,  on  divers 
occasions  you  did,  at Shappard Air  Force Base, Texas,  violate  a  lawful 
genepal regulation, namely ATCR 52-7,  by  failing to keep your dormitory room 
in inspection order during  duty hours. 

e .   That  on or about 23 October  1991, you as a non prior aervice student 
at  Chanute  Air  Force Base, Illinois, you did  violate  a  lawful  general 
regulation,  namely  ATCR  52-7, CTTCS  1 ,  by  failing to keep  your  d o r m i t o ~ y  
Poom in  inspection order duping duty hours. 

f.  That on or about 6 November  1901, you aa  a non prior service student 
at  Chanute  Air  Force Base, Illinois, you did  violate  a  lawful  general 
regulation,  namely  ATCR  52-7,  CTTCS 1 ,   by  failing to keep  your  dormitory 
room in inspection order during duty  hours. 

g.  That  on  or  about  20 November  1991, at  Chanute  Air  Force  Base, 
Illinois,  knowing of your duty  to comply with  base  cold weather  Codes,  you 
were  derelict  in  the  performance of  that duty by  failing  to  wear  the 
appropriate outdoor  clothing. 

Atch  1 (1 of 4 )  

h .   That  ?-?-or-+g-qt-?-Q-November 1091,  having ~ e c e i v e d  a  lawful  order 
:  a noncommissioned  officer, then known by  you 
from  Sergeant - - - - - - - - - - - - - - - - - - - - - - m *  
to  be  a noncomiasioned officer, to leave the premises of Building  306,  an 
order  which  it  was your duty  to obey, did, at  Chanute  Air  Force  Base, 
Illinoia, willfully  disobey the same. . 

: 

i.  That  on or about 29 November  190'1, a  trainee attending a  technical 
training  school,  you did at Chanute Air Force Base,  Illinois,  violate  a 
lawful  general regulation, to wit:  Paragraph 2b, CTTCB 30-1, dated 5  June 
1989, by wrongfully  entering Building 306E, a permanent party  dormitory 

j .   That  on  or  about  1  December  1981, at  Chanute  Air  Force  Base, 
Illinois, you did, steal clothing  from the laundry  room in Building  303 of a 
........................ 
value of  less than C100.00,  the property of Airman Basic I ....................... 
: and 
Airman Basic: .-.-..-..-..-..-..-----: 

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

k.  That on or about 7 December  lQQl and  8 December  1991, at Chanute Air 
Force  Baae,  Illinoie, you did  violate a lawful general regulation, to  wit: 
Paragraph A1-2a(l),  Center Supplement  1, dated  11 February  1991, ta ATCR 52- 
7,  dated  30 a r c h  1980, by  mongfully  being  out  of  uniform  while  outside 
youp aaaigned dormitory room during P h a ~ e  I. 

1.  That  on  or  about  15 December  1091, at  Chanute  Air  Foroe  Base, 
Illinoia,  knowing oi your duty  to remain alert while  performing  mandato~y 
weekend  duties,  you were derelict  in the performnce of  those  duties  by 
going  to your dormitory room and lying down.. 

rn. 

That  on  or  about  17 December  l9B1, st  Chanute  Air  Force  Base, 
Illinois,  knowing of  your duty  to remain within cold weather dress  at  all 
times when outside, you wtre derelict  in the performance  of  those dutiea  by 
going outside without  your proper outdoor. clothing 

n, 

That  on or about 20 December  1991, at Chanute  Air  Force  Base, 
Illinois,  knowing of  your duty  to remain alert while  performing  mandatory 
d u t i e ~ ,  you  were derelict  in the performance  of  those duties by  going  to 
your dormitory  room and  lying down. 

o.  That on or about 6 Jan 92,  at Chanute Air  Force Base, Illinois,  you 
did  without authority, fail  to go at the time prescribed  to your  appointed 
place of duty, to wit:  Building 303E, 3362 Student Squadron. 

3 .   This action could result  in your separation with an other than Honorable 
I  am recommending that you receive  an  other  than 
conditions  discharge. 
honorable conditions discharge.  The commander  exercising SPCM  jurisdiction 
or  a hiaher authority will  make  the final decision  in thip matter.  If  you 
are discharged, you will be  ineligible  for reenlistment  in the Air  Force. 

Atch  1 ( 2  of 4 )  

4.  You have the right to: 

a.  Consult  legal counsel 

b.  Present your cage  to an admini~trative discharge board. 

c.  Be represented by  legal counfiel  at a boasd heaping. 

d.  Submit etatement~ in your own behalf  in addition to, OF  in  lieu  o f ,  

tbe boasd hearing,, 

e .   Waive  the  above  rights.  You must coneult  legal  counsel  before 

making a decision to waive any of your rightrr. 

5 .   You wese echaduled  for a medical examination on 26 December  IQOl, at  the 
Chanute Air Force Base's  Horpital at 0700. 

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

, 
:  at Bldg  250, ext 4108,  has 
6 .   Military  legal couneel, CaptI - - - - - - - - - - - - - - - - - ,  
consult  him on a]-,.)--?& 
been  obtained  to assiat you.  An  appointment had  been ~cheduled for you  to 
, Bldg 260.  Instead of  the 
appointed counsel, you may  have another, if  the l a y e r  you request is in the 
active militasy  eervice and is reasonably available as determined  according 
to AFR  111-1.  In addition  to military counsel, you have  the right to employ 
The  Air Force does not pay  expenaes  incident  to  the 
civilian  counsel. 
employment  of  civilian counsel.  Civilian counsel, if  employed,  must  be 
readily available. 

at &&J- 

7.  Confer  with  your  counsel and reply, in w~iting, within  7  workdays, 
specifying  the rights you choose t o   exercise.  The statement must be  signed 
in  the presence of your counsel who aleo will sign it.  If  you  waive  your 
right to a h e a ~ i n g  before an administrative discharge board, you may  submit 
written  statements in your o m  behalf.  I  will send tbe gtatements  to  the 
discharde  authority  with  the  caae  file  to  be  considered  with 
this 
I f   you fail to ~rspond, y o u ~  failure  will  constitute  a 
recommendation. 
waiver of the right to the board hearing. 

8.  Any  pereonal  information  you furnieh in rebuttal  is  covered  by  the 
P ~ i v a c y  Act  Statement as  explained in AFR  38-10, Attachment  2.  A  copy  of 
AFR  38-10  ie available fop you use  in the 3362d Student  Squadron  Orderly 
Room. 

9 .  

Execute the attached acknowledgment return  it to me  immediately. 

Comm~nder, 3362d Student Sq 

14 Atch 
See Attachment For Listing 

Atch  1 (3 of 4 )  

13 Atcb 
1.  AF  Fm 174, 21 Aug  91 w/atch 
2.  AF 
Form  3070,7  Oct  91 
w/atch 
3.  LOR, 29 Bug  Q 1 ,  w/atch 
4.  AF  Form  174, 28  Aug  91, 
w/atch 
5.  ATC Form 341, 23 Oct 01 
6 .   AF  Form  174, 7Yov91, w/atch 
7.  ATC Form 341, 20 Nov  81 
8 .   AF  Form  3070, 13 Dec  91, 
w/atch 
9.  AF  Form  3070, 30  Dec  91, 
w/atch 
10.  ATC Form 341, 17 Dec 91 
1 1 .   LOR, Q  Jan 92, w/atch 
12.  AF Form 3070,17JanQ2,w/atch 
13.  Receipt of  Notification 
Ltr , 

Atch  1 ( 4   of 4 )