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

I  GRADE  AMN 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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I  lssuEs  A94.05 

I  INDEX NUMBER 

~ 6 7 . 1 0  

HEARING DATE 

1  28 Oct 2003 

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I  CASENUMBER 

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1 
2 
3 
1  4 

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EXHIBITS SUBMITTED TO THE BOARD 

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

I 

APPLIC.WS ISSUE AND THE BOARD'S DECl9ONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISlONAL RATIONALE 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout counsel, and the right to 
submit an application to the AFBCMR 

TO: 

SAFlMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND Dl& EE WING. 3RD FLOOR 
ANDREWS AFB, M D  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00189 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, change the reason and authority 
for the discharge, and change the reenlistment code. 

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, change of  reason  and  authority, and  change  of reenlistment  code 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:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received  an Article  15 for failure to  go  on  four separate occasions,  a Vacation  action under the 
UCMJ for failure to  go  on three occasions, being disrespectful in language and deportment toward a TSgt, 
and for failing to refrain  from wearing civilian clothes and riding in a POV.  In addition, he received four 
Letters  of  Reprimand  for  failure  to  report  on  three  occasions,  violation  of  Phase  restrictions,  being 
disrespectful to  an NCO, substandard behavior and unprofessional conduct and language.  He also received 
one Letter of Counseling for failure to report and eight AETC Form 341s for various misconduct.  The DRB 
opined  that  through  these  administrative  actions,  the  applicant  had  ample  opportunities  to  change  his 
negative behavior.  The Board concluded the 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. 

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 

MISSING MEDICAL RECORDS 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 17 Jan 02 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, Change to Reentry Code, and Reason and Authority. 

2.  BACKGROUND: 

a. DOB: 1 Oct 81.  Enlmt Age: 18 7/12.  Disch Age: 30 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-86,  E-82,  G-84,  M-79. PAFSC: 33331 -  Structural Apprentice. 
DAS: 21 Apr 01. 

b.  Prior Sv: (1) AFRes 25 May 00 -  31 Jul 00  (2 Months 7 Days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AMN 1 Aug 00 for 6 yrs. Svd: 1 Yr 5 Mos 17 Das, all AMS. 

b.  Grade Status:  AMN -  8 Mar 01 (Vacation of Article 15, 3 Aug 01) 

A1C -  22 Sep 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 3 Aug 01, Vacation, Fort Gordon, GA -  Article 86. You, 
did, on or about 30 May 01, without authority, fail to 
go at the time prescribed to your apointed place of 
duty, to wit: Physical Conditioning Formation. You, did, 
on or about 31 May 01, without authority, fail to go at, 
the time prescribed to your appointed place of duty, to 
wit:  Charge of Quarters Briefing. You, did, on or about, 
28 Jun 01, without authority, fail to go at the time 
prescribed to your apointed place of duty, to wit: 
Charqe of Quarters Briefing. Article 91.  You, on or 
about 30 May 01, were disrespecful in lanquase and 
deportment towar 
then known by yo 
the execution of her office, by using profanity,. 
refusing to answer a question, and failing to use,the 
appropriate facing movements when leaving the office. 
You, who knew of your duties, on or about 28 Jun 01, 
were derelict in the performance of those duties in that 
you willfully failed to abide by 2nd Air Force Phase 
Program restrictions, by failing to refrain from wearing 
civilian clothes, as it was your duty to do.  You, who 
knew of your duties, on or about 28 Jun 01, were 
derelict in the performance of those duties in that you 
willfully failed to abide by 2nd Air Force Phase Program 

was then in 

an NCO, 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 7 'Apr 03. 

(Upgrade Discharge to Honorable, Change Reentry Code, and Reason and 

Authority) 

Issue 1:  I have been a good citizen since my discharge. 

Issue 2:  My ability to serve was impaired by my youth and immaturity. 

Issue 3:  My record of an Artical  (sic) 15 indicates only isolated or minor 

offenses . 

ATCH 
1. Applicant's Letter. 
2. Congressional Inquiry 

2 Oct 03/cr 

DEPARTMENT OF THE AIR FORCE F ~ 2 - 4 0 3  - 0 

AIR EDUCATION AND TRAINING COMMAND 

13 December 2001 

MEMORANDUM FO 

FROM:  366 TRS DET 6/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary  - 
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If_-; 
my recommendation is approved, your service will be characterized as an 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 did, at or near Gulfport MS, on or about 9 Aug 01, fail to go at the time 

prescribed to your appointed place of duty, to wit:  Charge of Quarters Briefing at 1800.  For this 
misconduct you received a Letter of Reprimand (LOR) on 20 Aug 01. 

b.  You did, at or near Gulfport MS, on or about 28 Jun 01, without authority, fail to go at 

the time prescribed to your appointed place of duty, to wit:  Charge of Quarters Briefing.  For 
this misconduct and subparagraphs "c"  through "g"  below, your suspended Article 15 
punishment was vacated on 3 Aug 01.  In addition, for this misconduct you received an LOR on 
2 JulO1. 

c.  You, who knew of your duties at or near Gulfport MS, on or about 28 Jun 01, were 
derelict in the performance of those duties in that you willfully failed to abide by Second Air 
Force Phase Program restrictions, by failing to refrain from wearing civilian clothes, as it was 
your duty to do.  For this misconduct and subparagraph "d" below you received an LOR on 2 Jul 
01. 

d.  You, who knew of your duties at or near Gulfport MS, on or about 28 Jun 01, were 
derelict in the performance of those duties in that you willfblly failed to abide by Second Air  - 
Force Phase Program restrictions, by failing to refrain fiom operating or riding in a privately- 
owned vehicle while in Phase I status, as it was your duty to do. 

e.  You did, at or near Gulfport MS, on or about 31 May 01, without authority, fail to go 
at the time prescribed to your appointed place of duty, to wit:  Charge of Quarters Briefing.  For 
this misconduct you received an AF Form 174, Record of Individual Counseling, on 1 Jun 01. 

f.  You did, at or near Gulfport MS, on or about 30 May 01, without authority, fail to go 
at the time prescribed to your appointed place of duty, to wit:  Physical Conditioning Formation. 
For this misconduct and subparagraph "g"  below you received an LOR on 13 Jun 01. 

g.  YOU were, 
and department towar 
you to be a superior n 
using profanity, refusing to answer a question, and failing to use the appropriate facing 
movements when leaving the ofice. 

as then in the execution of her office, by 

out 30 May 01, disrespectful in language 

a noncommissioned oficer.  Then known by 

h.  You did, at or near Fort Gordon GA, on or about 28 Feb 01, without authority, fail to 
go at the time prescribed to your appointed place of duty, to wit:  Morning Formation, Building 
25702,338 Training Squadron, Detachment 1.  For this misconduct and subparagraphs "i" 
through "k" below you received an Article 15 on 8 Mar 0 1. 

i.  You did, at or near Fort Gordon GA, on or about 27 Feb 01, without authority, fail to 
go at the time prescribed to your appointed place of duty, to wit:  Charge of Quarters, Building 
25702,338 Training Squadron, Detachment 1. 

-- 

j.  You did, at or near Fort Gordon GA, on or about 27 Feb 01, without authority, fail to  . 

go at the time prescribed to your appointed place of duty, to wit:  Physical Conditioning 
Formation, Building 25702, 338 Training Squadron, Detachment 1. 

k.  You did, at or near Fort Gordon GA, on or about 23 Feb 01, without authority, fail to 

go at the time prescribed to your appointed place of duty, to wit:  Physical Conditioning 
Formation, Building 25702, 338 Training Squadron, Detachment 1. 

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 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 probably be denied enlistment in any component of the armed 
forces.  Any special pay, bonus, or education assistance fbnds may be subject to recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult the Area Defense Counsel at Keesler AFB 377- ' 
3722, on 17 Dec 01 at 1430 hrs. You may consult civilian counsel at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  1500 hrs on 18 Dec 01 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 examinatiop.  You must report to the Keesler Medical 
Center, Adult Ambulatory Care Clinic with your medical records at 0900 on 14 Dec 01 for the 
examination. 

, 

7.  Any personal information you firnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208, is available for your use at the 366th Training Squadron, Detachment 6, 
Commander's Support Staff Office, Bldg 344 Rm 4. 

8.  Execute the attached acknowledgement and return it to me immediately. 

Attachments: 
1.  LOR, 20Aug01 
2.  AF Form 366,3 Aug 01 

a  3.  Response to AF Form 366,27 Jul01 

dated 

4.  LOR, 2 Jul 01 
5.  L O R 2  JulOl 
6.  AF Form 174,l Jun 01 
7.  AETCForms341,31 May01 and 1 Jun01 
8.  LOR.  13 Jun01 
9.  MF 
10. Statement, Undated and Unsigned 
1 1. AF Form 3070,8 Mar 01 
12. Response to Article 15, undated 
13. Appeal to Article 15, undated 
14.338 TRS Det l/CC Memo, 14 Mar 01 
15. AETC Form 341,23,27, and 28 Feb 01 
1 6.366 TRSJCMTL Memo, 1 5 Jun 0 1 
17. AETC Forms 341,13 and 20 Jun 01 
18. AETC Form 341,8 Jun 01 
19. AETC Forms 341,3 and 30 May 01 
20. AETC Form 34.1,2 May 01 
21. AETC Form 156,2001023 
22. AF Form 55,27 Jul01 
23. Student Grade History Report, 18 Jun 01 
24. AETC Form 125A, 20 Feb 01 
25. Student Training Report, 0 100 1 
26. AETC Form 156 
27. Airman's  Receipt of Notification Memorandum