AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

 

PERSONAL APPEARANCE xX RECORD REVIEW

 

 

 

———E alc Th

 

 

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

MEMBER SITTING HON GEN uoTHc | OTHER DENY

 

X+*

 

X+*

 

x+*

 

X+*

 

 

 

 

 

 
 

 

  

INDEX NUMBER

ISSUES A92.03 A67.50 sco
ORDER APPOINTING THE BOARD

A94.55 A67.90

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

Bivins fe |g

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

HEARING DATE CASE NUMBER

07 Dec 2010 FD-2008-00257
CANT S WOU CARD S DEX SRATIONAL

 

 

 

   
 
   

 
 
   

  

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.

+Narrative Reason
*RE Code

TO:

SAF/MRBR ‘ SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

} AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00257

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
and requests that the review be completed based on the available service record.

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

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge,
and change of reenlistment code.

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 of
discharge.

ISSUE:

Issue 1. The applicant stated he was told his discharge would automatically be upgraded in December 2007.
The Board noted the issue was common result of miscommunication, at the time of discharge, when the
applicant is briefed that their discharge will automatically be upgraded after six months. While a discharge
may be upgraded after six months, the upgrade is by no means automatic. A discharge is upgraded only if
the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge.
After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge
characterization, reason for the discharge or the reenlistment code.

Issue 2. Applicant contends that he would have continued his last 8-months of service if he had known that
his benefits would be compromised. The records indicated the applicant received an Article 15, six Letters
of Reprimand, one Records of Individual Counseling and three verbal counselings for misconduct. The
DRB opined that through these administrative actions, the applicant had ample opportunities to change his
negative behavior, and his discharge was not within the applicant’s control (due to his misconduct). Further,
the applicant acknowledged receipt of the discharge notification and waived right to counsel and waived his
| right to submit matter on his behalf. The Board concluded that the negative aspects of the applicant’s
service outweighed the positive contributions he made in his Air Force career. The characterization of the
discharge received by the applicant was found to be appropriate.

Attachment:
Examiner's Brief
APPLICATION FOR THE REVIEW OF DISCHARGE Form Approved
_.... FROM THE ARMED FORCES OF THE UNITED STATES OMB No. 0704-0004
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Expires Aug 31, 2006

The public reporting burden for this collection of information is estimated to everage 30 minutes par response, including the time for reviewing instructions, searching existing data sources,
gathering end meintaining the date needed, and completing and reviewing the collection of information. Send comments reqerding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing the burden, to the Department of Defense, Executive Services and Communications Directorate (0704-0004). Respondante should be aware that
notwithstanding any other provision of Jaw, no person shall be subjact to eny penalty for failing to comply with a collection of information if it does not display a currently valid OMB control

= number, PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT
AUTHORITY: 10 U.S.C.1553; E.0, 9397.

PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S}: None.

DISCLOSURE: Voluntary; however, failure to provide identifying information may im mpede processing of this application. The request for
Social Security Number is strictly to assure proper idantification of the individual and appropriate records.

4. APPLICANT DATA (The person whose discharge is to be reviewed), PLEASE PRINT OR TYPE INFORMATION.

fo BRANCH OF seAvICE (Xone) | Tanmy[ [marine cones [| [wavy |  Jaimrorce | __|coasrayan>

b, NAME flast, First, Middle Initial) ¢. 3 AT DISCHARGE d. SOCIAL SECURITY NUMBER

2. DATE OF DISCHARGE OR SEPARATION — [4 piSCHARGE CHARACTERIZATION RECEIVED (X one) 5. BOARD ACTION REQUESTED /X one!

(YYVYYMMDD) (if date is more than 15
years ego, submit a DD Form 149) HONORABLE | ><] CHANGE TO HONORABLE
—_ CHANGE TO GENERAL/UNDER

GENERAL/UNDER HONORABLE CONDITIONS

| 3
ado? O5 0A UNDER OTHER THAN HONORABLE CONDITIONS | (HOMORABLE CONDITIONS
—

CHANGE TO UNCHARACTERIZED
3. Seen ane oN ON AT DISCHARGE OR i BAD CONDUCT (Specie/ court-martial onfy} (Not applicable for Air Force}

Sl Equi ip Ats = (act ) | [UNCHARACTERIZED |_| GeaNSE NABH TIVE REASON FOR

ee
Luke

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST {Continue in item 14. See instructions on Page 3.

My discharge wus inequitable | se Tuas to lh by Commander Maj
at wen hi  u2as + 1ng loyrs. mw Npeneral”

“ onavalle” as of Reed se mond Mout. Bill Hone (5 Ww

 

      

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE? (Continue in item 17. if military documents ar
medical records are ralevent to your case, please send copies. }

9. TYPE OF REVIEW REQUESTED (X one)
N/T CONDUCT A RECORD SO Ten. OF MY PISCHABGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

W goard dge g pane

10.2, COUNSELIREPRESENTATIVE (if any) NAME (Last, First, Middle Initial) AND ADDRESS Tb. TELEPHONE NUMBER {Include Area Code} —
(See tern 10 of the instructions about counsel/epresentative.}
c. E-MAIL

d. FAX NUMBER (include Area Code)

 

 

11. APPLICANT MUST SIGN IN ITEM 13.a, BELOW. If the record in queetion is that of a deceased or incompetent person, LEGAL PROOF OF DEATH OR
INCOMPETENTENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant, indicate
the name (print) and relationship by marking a box below.

V2.4. CURRENT MAILING ADDRESS OF APPLICANT On PERSON ABOVE

d. FAX NUMBER (/ncfude Aree Code!

 

13. CERTIFICATION. I-make thé foregoing statements, as part of my clalm, with full knowledge of the penalties involved for «= | “CASE NUMBBR
willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 and 1 08s provide that an individual shell be (Do not write in this space.}
tined under this title or Imprisoned not more then 5 yeers, or hoth.} sg . - . .

a. SIGNATURE-REQUIRED (Applicant or parson in item 11 above] - ’ b. DATE SIGNED - REQUIRED
‘ ' ‘ ~~ “ fYVYYMMODD).. - +

LOROST 1A.

DD FORM 293, MAR Zot ONS AF Page 1 of 4 Pages
14, CONTINUATION OF ITEM 6, ISSUES (/f applicable)

twat leak-+d believe by Maj GE ct Lhis-ype of Aischuge Was able +o
he. upgrade d cemsidering that I gave lo4 months of Sernnce out of the
TA mouths thatD signet for. During that service received mimerous

Medals ,rihhons, ane awards. TT would have. Comtinuet ta last § mouths
IF was clear that wy henePrts would be compromised. ZI iwas toll that a
“Reduction in Force! ues tn ehect and TL weld not .be penalizect for...

 
  

 
        
     
 

  

 
     
    
  

  

18. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if applicable)

   

 

   

16. REMARKS (/f applicable)

 

_ MAIL. COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

   
  

     
 

  
  
 

  

“Pr * NAVY AND MARINE CORPS

'

ARMY 74

  
   
  
  

Naval Council of Personnel Boards
720 Kennon Street, S.E.

Room 309 (NDRB)

Washington Navy Yard, DC 20374-5023

Army Review Boards Agency
Support Division, St. Lauis
9700 Page Avenue

§t. Louis, MO 63132-5200
(See http://arba.army.pentagon.mil}

  
   
 

   
  
 
 
 
 

 

   
   
  

COAST GUARD

 

AIR FORCE

   
   

   
  

Air Force Review Boards Agency
SAF/MRBR

550-C Street West, Suite 40
Randolph AFB, TX 78150-4742

U.S. Coast Guard
Commandant (G-WPM)

2100 Second Street, $.W. Room 5500
Washington, DC 20593

  
 
 
 

DD FORM 293, MAR 2004 Page 2 of 4 Pages
FD2008-00257

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF, Luke AFB, AZ on 3 May 2007 UP AFPD 36-
32 and AFI 36-3208, para 5.50.2 ( A Pattern of Misconduct: Conduct Prejudicial to Good Order and Discipline.)
Appeals for an Honorable Disch & change to RE Code and Narrative Reason.

2. BACKGROUND:

a. DOB: 30 Apr 1982. Enlmt Age: 19 7/12. Disch Age: 25. Educ: HS DIPL.

AFQT: N/A. A-55, E-50, G-49, M-58. PAFSC: 2A753 — Aircraft Structural Maintenance.

DAS: 15 Jul 02.
b. Prior Sv: None

3. SERVICE UNDER REVIEW:

a. Enlisted as AB on 18 Dec 2001 for 6 Yrs Svd: 4 Yrs 5 Mos 16 Das, all AMS.

b. Grade Status: A1C — 19 Oct 06 (Article 15)
SRA— 1 Jun 04
A1C — 21 Jun 02
AB - 21 Dec 01

c. Time Lost: None

d. Art 15’s & Additional: (1) LOR, 20 Jun 05 — Failed to obey a lawful order by using the Gerber
Stenciling Machine for personal items.

(2) LOR, 13 Jul 05 — Failed to obey a lawful order by using the Air gun to
blow metal shavings from yourself in violation of safety guidelines.

(3) RIC, 22 Jul 05 — Failure to follow orders by reporting to work 45
minutes late.

(4) LOR, 25 Jul 05 — Failed to obey a lawful order by reporting 15 minutes
late for a meeting with the Flight Commander and for incorrect

information on the recall roster.

(5) LOR, 03 Feb 06 —Failed to properly sign out the “AMS Stand-by
Keys.”

(6) LOR, 11 Jul 06 — Failure to report for mandatory training.
FD2008-00257

(7) 25 Oct 06, Luke AFB, AZ — Article 92 You, who knew of your duties, at
or near Luke AFB, AZ, on or about 14 Aug 06 were derelict in the
performance of those duties in that you willfully failed to refrain from
using unauthorized tools on an F-16 aircraft, as it was your duty to do.

You, who should have known of your duties, at or near Luke AFB, AZ,
on or about 14 Aug 06, were derelict in the performance of those duties
in that you negligently failed to remove an exacto knife from the cockpit
of an F-16 aircraft prior to leaving your shift, as it was your duty to do.

You, who knew of your duties, at or near Luke AFB, AZ, on or about 8
Sep 06, were derelict in the performance of those duties in that you in
that you willfully failed to follow proper F-16 sheet metal maintenance

checklist, as it was your duty to do

Reduction to the grade of E-3, with new DOR of 19 Oct 06. 14 Days
extra duty. (No appeal) (No mitigation)

(8) LOR, 16 Apr 07 — Failed to go at the time prescribed to your
appointed place of duty.

e. CM: None

f. Record of Sv: 18 Dec 01 — 15 Jul03 Luke AFB 4 (DBHQ)
16 Jul 03-15 Jul04 Luke AFB 4 (Annual)
16 Jul 04—15 Jul05 Luke AFB 4 (Annual)

g. Awards & Decs: NDSM, AFTR, AFLSA, NCOPMER, AFOUA w/ 10LC, GWOTSM, AFGCM

h. Stmt of Sv: TMS: (5) Yrs (4) Mos (16) Das
TAMS: (5) Yrs (4) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 12 May 2008

ATCH: DD-214

14 Jan 09/ME
CE

‘DEPARTMENT OF THE AIR FOR

56TH EQUIPMENT MAINTENANCE SQUADRON
LUKE AFB, ARIZONA 85309

 

| 1 MAY 2007
MEMORANDUM FOR A|C mes = DATED:

FROM: 56 EMS/CC

SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force for Misconduct: A Patten
of Misconduct, Conduct Prejudicial to Good Order and Discipline. The authority for this action is
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. If my recommendation is approved, your service

will be characterized as either honorable or under honorable conditions (general). I am
recommending that your service be characterized as under honorable conditions (general).

2. My reasons for this action are:

a. You, having knowledge of a lawful order issued by Master Sergeant not to produce
any personal or non-government items on the Gerber Stenciling Machine in the support section,
an order which it was your duty to obey, did at or near Luke Air Force Base, Arizona, on or

about 16 Jun 05, fail to obey the same by wrongfully making non-government signs for
personal use. For this misconduct, you received a Letter of Reprimand, dated 20 Jun 05

(Tab 7A).

b. You, having knowledge of a lawful order issued by Master Sergeant [J failed to comply
with procedural safety regulations regarding safety in the work place, an order which it was
your duty to obey, did at or near Luke Air Force Base, Arizona, on or about 12 Jul 05, fail to
obey the same by wrongfully proceeding to hook up an air chuck gun to blow metal shavings
off of yourself. For this misconduct, you received a Letter of Reprimand, dated 13 Jul 05

(Tab 7B).

c. You did, at or near Luke Air Force Base, Arizona, on or about 17 Jul 05, without authority,

fail to go at the time prescribed to your appointed place of duty, to wit: your place of work.
For this misconduct, you received a Record of Individual Counseling, dated 22 Jul 05 (Tab 7C).

d. You did, at or near Luke Air Force Base, Arizona, on or about 29 Jun 06, without authority,
fail to go at the time prescribed to your appointed place of duty, to wit: mandatory training.
For this misconduct, you received a Letter of Reprimand, dated 11 Jul 06 (Tab 7D).

e. You, having knowledge of a lawful order issued by Master Sergeant to report for
duty at 0730 hrs for a meeting with the flight commander, an order which it was your duty to
obey, did at or near Luke Air Force Base, Arizona, on or about 21 Jul 05, fail to obey the same
by wrongfully reporting to work at 0745 hrs. For this misconduct, you received a Letter of

Reprimand, dated 25 Jul 05 (Tab 7E).
arc ahead oe earn ataltcle anand ned he teed beers ee te 7

Segall?

f. You, who knew of your duties, at or near Luke Air Force Base, Arizona, on or about
1 Feb 06, were derelict in the performance of those duties in that you willfully failed to

properly sign out the “ASM Stand-by keys” prior to removing them from the tool room.
Furthermore you failed to return the keys at the end of your shift, as it was your duty to do. For

this misconduct, you received a Letter of Reprimand, dated 3 Feb 06 (Tab 7F).

g. You, who knew of your duties, at or near Luke Air Force Base, Arizona on or about
14 Aug 06, were derelict in the performance of those duties in that you willfully failed to
refrain from using unauthorized tools on a F-16 aircraft, as it was your duty to do.

h. You, who should have known of your duties, at or near Luke Air Force Base, Arizona, on or
about 14 Aug 06, were derelict in the performance of those duties in that you negligently failed
to remove an exacto knife from the cockpit of a F-16 aircraft prior to leaving your shift, as it

was your duty to do.

i. You, who knew of your duties, at or near Luke Air Force Base, Arizona, on or about
8 Sep 06, were derelict in the performance of those duties in that you willfully failed to follow
proper F-16 sheet metal maintenance checklist, as it was your duty to do.

For the misconduct in paragraphs 2(g) through 2(i), you received an Article 15, dated
19 Oct 06. Your punishment included reduction to the grade of E-3, 14 days extra duty and a
Reprimand. This action created an Unfavorable Information File (UIF) (Tab 7G).

j- You did, at or near Luke Air Force Base, Arizona, on or about 12 Apr 07, without authority,
fail to go at the time prescribed to your appointed place of duty, to wit: your place of work.
For this misconduct, you received a Letter of Reprimand, dated 16 Apr 07. This action was

included in your UIF (Tab 7H).

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 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 will be characterized. If you are discharged, you will be ineligible
for reenlistment in the Air Force and any special pay, bonus, or education assistance 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. Contact Captain 2: 7383 N. Litchfield Rd., Bldg. 1150, Luke AFB, AZ, 85309,
ext 6701, to arrange an appointment to assist you with this matter. 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 consider must reach me by , 3 duty days from the date
of this letter, unless you request and receive an extension for 00d 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 your right to do so.
as tl we ce ir 2 epee ee t

7. Report to the Force Health, 56" Medical Group, building 1144, immediately to begin the
medical examination process. Report immediately to Separations, Bldg 1150, Second Floor to
establish your outprocessing appointments. DO NOT FAIL TO MAKE AND MAINTAIN

THESE APPOINTMENTS.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy
. Of AFI 36-3208 is available for your use at your unit's orderly room.

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

   

Lt Col, USAF
’ Commander

Attachments:

1. Supporting Documents
2. Receipt of Notification Memorandum
7 + cnn omen ee + + + pn avaamenatmnan tartan nepmenatenamsitenaninnntetnas alain LecmienAehdna ss Aelita tbh IA eisheehintdbltne hima,

ANY ALTERATIONS IN SHADEO AREAS
RENDER FORM VOID

  

 

CAUTION: NOT TO BE USED FOR THIS IS AN IMPORTANT RECORD.
IDENTIFICATION PURPOSES o-oo oo SAFEGUARD IT.

CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY

   

i

5. DATE OF BIRTH (YYYYMMOD) | 6. RESERVE OBLIGATION TERMINATION DATE
19 820430 (YYYYMMDD) N/A

(7a. PLACE OF ENTRY INTO ACTIVE DUTY RV Ciy and state or complete address if known

MIAMI MEPS FL 33166
a. LAST DUTY ASSIGNMENT AND MAJOR COMMAND b. STATION WHERE SEPARATED

56 Equipment Maintenance Sq AET LUKE AFB AZ

9. COMMAND TO WHICH TRANSFERRED 10. SGLI COVERAGE] =| NONE

AMOUNT: $400 000

OT APP ABI .
111. PRIMARY SPECIALTY (List number, title and years and months in 12. RECORD OF SERVICE YEAR(s) |: MONTH(s} DAY{s)
Specialty. List additional specialty numbers and titles involving pereds of
one or more years. } : . { -
2A753, Aircraft Structural Maintenance,
5 yrs and 4 mos.

13. DECORATIONS. MEDALS, BADGES, CITATIONS AND CAMPAIGN 14. MILITARY EDUCATION/Course title, number of weeks, and month and

RIBBONS AWARDED OR AUTHORIZED = {Ad periods of service} year completed)
National Defense Service Medal, Basic Military Training, 6

Air Force (AF) Training Ribbon, AF | wks, Feb 02; Aircraft
Longevity Service Award, NCO Structural Maintenance

Professional Military Education Apprentice Course, 4 mos, Jun
Ribbon, AF Outstanding SEE REMARKS|[ 02; Airman SEE REMARKS

15a. MEMBER CONTRIBUTED TO POST-VIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE PROGRAM | VE KY NO |
YE f |

b. HIGH SCHOOL GRADUATE OR EQUIVALENT
16. DAYS ACCRUED LEAVE 17, MEMBER WAS PROVIDED COMPLETE DENTAL EXAMINATION AND ALL APPROPRIATE_YESI
PAID 23 0 DENTAL SERVICES AND TREATMENT WITHIN 00 DAYS PRIOR TO SEPARATION P|

REMARKS

 

 

 

OD Form 214-AUTOMATED, FEB 2000 PREVIOUS EDITION IS OBSOLETE. -
: Pe : SERVICE-2

F]

In ee A a rss sn