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

AFSNISSAN 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

 TYPE 

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PERSONAL APPEARANCE 

YES 

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No 

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RECORDREVIEW 

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MEMBER SITTING 

1  ISSUES  A94.06 

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A67.10 

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I  LETTER OF NOTIFICATION 

I  1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 

BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

  TAPE RECORDING OF PERSONAL APPERANCE 

1  06 Dec 2003 

CASE NUMBER 

I  FD-2003-00197 

Case heard at Randolph AFB, Texas. 

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Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR. 

TO: 

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

AFHQ FORM 0-2077, JAN 00 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
I535 COMMAND DR, EE WMG, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00197 

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 contdns available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge to Honorable is denied. 

The Board  finds  that  neither  the evidence  of record  nor  that  provided  by  the  applicant  substantiates an 
impropriety that would justify upgrade of the discharge. 

ISSUE: Applicant contends discharge was inequitable because "it  was too harsh".  The information 
provided by the applicant and contained in his records was carefully reviewed by the DRB.  The records 
indicated the applicant received one Article 15, three Letters of Reprimand, and seven Records of 
Individual Counseling and two Letters of Admonishment.  The misconduct included absent without leave, 
late for mobility processing, late for duty, failure to go, dereliction of duty, failure to follow instructions, 
failed dress and appearance standards and failure to report.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  The DRB 
recognized the fact that the applicant had served six years total service before the discharge was initiated, 
but concluded the applicant's  misconduct outweighed the positive aspects of his time in the Air Force.  The 
Board noted the applicant was entitled to request an administrative discharge board but chose not to 
exercise this right.  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, 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 A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF 27 APR 01 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 1 May 72.  Enlmt Age: 22 2/12.  Disch Age: 28 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-86,  E-84,  G-70,  M-85. PAFSC: 4T051 -  Medical Laboratory 
Journeyman. DAS: 23 Nov 96. 

b.  Prior Sv:  (1) AFRes 5 Jul 94 -  27 Sep 94 (2 months 23 days) (Inactive). 

18 days, all AMS.  SrA -  28 Jan 97.  EPRs: 4,4,3. 

(2) Enlisted as A1C 28 Sep 94 for 4 yrs.  Svd: 3 yrs 3 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 16 Jan 98 for 4 yrs. Svd: 3 Yrs 3 Mo 11 Das, all AMS. 

b.  Grade Status:  A1C -  8 Feb 01 (Article 15, 8 Feb 01) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 Feb 01, Lackland AFB, TX -  Article 86.  You, did, on 
or about 13 Jan 01, without authority, absent yourself 
from your unit, and did remain so absent until on or 
about 17 Jan 01.  Reduction to AlC.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 

30 NOV 00 -  Late for mobility processing, dereliction 

of duty, and failure to obey a lawful 
order. 

LOR, 
RIC, 

15 NOV 00 -  Failure to obey a lawful order. 
29 SEP 00 -  Late for duty and failure to follow 

instructions. 
05 JUL 00 -  Failure to go. 
01 MAR 00 -  Failed dress and appearance standards. 
22 JUN  99 -  Dereliction of duty and failure to go. 
08 MAR 99 -  Failure to obey a direct order. 
24 NOV 98 -  Late for duty. 
04 JAN 99 -  Late for duty. 
12 MAY 98 -  Failure to go. 
16 MAR 98 -  Dereliction of duty. 
09 MAR 98 -  Late for duty. 
09 MAR 98 -  Dereliction of duty. 

RIC, 
MFR , 
LOR, 
LOA , 
RIC, 
RIC, 
LOA , 
RIC, 
RIC, 
RIC, 

RIC, 21 JAN 98 -  Late for duty. 

f.  CM:  None. 

g.  Record of SV: 23 Nov 97 -  22 Nov 98  Lackland AFB  3  (Annual) 

23 Nov 98 -  22 Nov 99  Lackland AFB  2  (AnnualIREF 

(Discharged from Lackland AFB) 

h.  Awards &  Decs:  AFLSAR, AFTR, NDSM, AFOUA W/1 BOLC, AFGCM W/1 BOLC. 

i.  Stmt of Sv:  TMS:  (6) Yrs (9) Mos  (23) Das 

TAMS: (6) Yrs  ( 7 )   Mos  (0) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Mar 03. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
1. DD Form 214. 
2. Applicant's Statement. 

. 

) 

DEPARTMENT OF THE AIR FORCE 

WILLFORD HALL MEDICAL CENTER (AETC) 

MEMORANDUM FOR ~

FROM: 85 9 MDTSICC 

DATE 

1

SUBJECT:  Notification Memorandum - Board Hearing 

1.  I am recommending your discharge fiom the United States Air ~ b r c e  for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32, MiZitq Retirements and Separations, 
and AFI 36-3208, Administrative Separation of  Airmen, under the provisions of paragraph 5.49. 
Copies  of  the  documents  to  be  forwarded  to  the  separation  authority  to  support  this 
recommendation are attached. 

2.  My reasons for this action are: 

a.  On or about  13 Jan 01, you did, without authority, absent yourself fiom your unit  and  did 
remain absent until on or about  17 Jan 01.  For this offense you  received  Article  15 punishment 
and were reduced in grade to E-2 with a new date of rank of 8 Feb 0 1. 

b.  On or about 17 Nov 00, you did, fail to go to mobility processing after an exercise recall at 
approximately 0530 hrs.  You reported  15 minutes late and failed to have your military I.D. card 
with you for mobility processing.  On or about 20 Nov 00, you wiblly disobeyed a lawfUl order 
when an NCO instructed you to clean your boots.  For these offenses you were served an LOR, a 
UIF was established and you were placed on a control roster effective 30 Nov 00. 

' 

c.  On or about 27 Sep 00, you failed to report to duty at time directed and you  also failed to 
follow  instructions.  You  were  instructed  by- 
GS-11  Technical  Supervisor 
Virology Section, to complete the testing of specimens fiom the previous day, to enter all results 
from the specimens tested and to generate a new work document that would reflect the specimens 
of the curreqt day.  Your failure to follow instructions resulted in  a 24-hour  delay in  reporting 
patient  results,  which  could  negatively  impact  patient  care.  It  also  resulted  in  the  waste  of 
valuable test  reagents.  For this offense you  received  individual counseling, documented on AF 
174, dated 29 Sep 00. 

d.  On or about 3 Jul00, yo  did not show up for ward rounds.  You had to be called in by the 
For  this  offense  you  received  individual  counseling, 

ward  round  supervisor,  SS . 
documented on AF 174 dated 5 Jul00. 

/- 

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e.  On or about 5 Apr 00, you were counseled by T 
a haircut.  You were counseled on respect for authorit 
up"  was unacceptable behavior.  Counseling was documented on an MFR dated 5 Apr 00. 

You were told that you needed 
ellihg senior technician to "shut 

f  On  or  about  1 Mar  00,  you  were  in  violation  of  uniforni  standards.  You  went  to  a 
restaurant off-base for lunch,  driving with no  BDU shirt on.  You  got  out of the vehicle to put 
shirt on.  Also, you were not wearing your hat.  You were counseled by your First Sergeant to, in 
the future, wear shirt to and from work or to and from restaurant.  Also, that you heeded to wear 
a  hat  under  overhang,  unless  installation  cornrnandet  designated  the  area7 as  "No  Hat". 
Counseling was documented on an MFR dated 1 Mar 00. 

g.  On or about 22 May 99, you were derelict of your duties and failed to go to a mandatory 
AFSC  specific  training.  Attendance  to  the  training  was  required  to  satisfy  annual  training 
requirements.  You had been notified of the training in two separate occasions through CHCS and 
you  acknowledge with reply  of scheduled training.  For this  offense you  received  an  LOR  and 
UIF.  UIF was established effective 28 Jun 99. 

h.  On  our about  1 Mar  99, you  were  derelict of your  duties and  failed to follow  a direct 
order.  You  also  displayed  a  lack  of  respect.  For  this  offense  you  received  a  letter  of 
admonishment dated 8 Mar 99. 

i.  On or about 4 Jan 99, you were late for work.  You were called and ordered to come in to 
work.  TSg-ent 
out an e-mail on 24 Dec 98 to all new night technicians for clarification 
which you  acknowledged the same day.  This was the second time within 60 days that you  had 
been late.  For this offense you received individual counseling documented on an AF 174 dated 4 
Jan 99. 

j.  On or about 24 Nov 98, you  reported 25 minutes late for work.  You received individual 
counseling  and  had  previously,  in  several  occasions,  been  made  aware  of  the  importance  of 
'  arriving to work on time.  Counseling was documented on an AF 174 dated 24 Nov 98. 

k.  On or about 6 May 98, you failed to attend a mandatory military meeting.  Also, on 28 Apr 
appointment for WAPS.  For  this  offense you 
7 

98,  you  failed to make your  mandatory milit* 
received a Letter of Admonishment dated 12 May 98. 

I.  On or about 19 Mar 98, you failed to attend a mandatory scheduled appointment.  You were 
a  no  show  for  cycle  ergometry  assessment.  You  were  counseled  on  meeting  military 
appointments.  Counseling was documentedby a form letter dated 30 Mar 98. 

m.  On or about 11 Mar 98, you were derelict of your duties.  You failed to record the ace test 
and S S g l l )  
controls in the logbook for the night shift.  You were reminded by  SS- 
to be sure and complete 
duties.  You  acknowledged that you  would finish the task pnor to 
leaving duty.  The job  was not done.  This was the second incid&t  of dereliction of duty within a 
week.  For this offense you received  individual counseling documented on an AF  174, dated  16 
Mar 98. 

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n.  On  or  about  8  Mar  98,  you  were  late  for  duty.  You  received individual  counseling 

documented on AF  174 dated 9 Mar 98. 

o.  On  or  about  7  and  8 Mar  98,  you  failed  to  perform  maintenance duty.  You  failed  to 
perform and record the electrode slope maintenance on the Nova Stat 3 in the ED Lab.  You were 
counseled  to  refer  to  Core  and  Stat  Lab  responsibilities forms  clearly  posted  in  each  of  the 
Laboratories that list the responsibilities of each shift and  section.  Counseling was documented 
on AF  174 dated 9 mar 98. 

p.  On or about  17 Jan 98, you failed to go.  You were scheduled fof  ward  rounds at 0500. 
You  arrived  at  0540  after being  called  by  the ward  round  supervisor.  You  were  30  and  40 
minutes late respectively.  For this offense you received individual counseling documented on AF 
174 dated 21 Jan 98. 

3.  This action could result in  your  separation with  an Under Other Than Honorable Condition 
(UOTHC)  service characterization.  I  am recommending that  you  receive an Under Honorable 
Conditions (General) discharge.  The commander exercising special court-martial jurisdiction or a 
higher  authority will  make the final decision in  this matter.  If you  are  discharged, you  will  be 
ineligible  for  reenlistment  in  the  Air  Force  and  will  probably  be  denied  enlistment  in  any 
component of the armed forces, and any special pay, bonus or education assistance funds may be 
subject to recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 
b.  Present your case to an administrative discharge board. 
c.  Be presented by legal counsel at a board hearing. 
d.  Submit statements in your own behalfin addition to, or in lieu of, the board hearing. 
e.  Waive the  above rights.  You  must  consult  legal  counsel  before  making  a  decision to 

waive any of your rights. 

5.  You have been scheduled for a medical examination.  You must report to Building 6612 Rm 
502, Monday through Friday, between 1300-1500 with your medical, immunization, and dental 
records for the examination. 

6.  Military Legal Counsel has been obtained to assist you.  An  appointment has been scheduled 
for  you  to  consult 6 9 t 
at  the  Area  Defense  Counsel  (ADC)  at  Building  1000. 
Instead of the appointed counse , you may have another, if the lawyer you request is in the active 
military  service  and 
is  reasonably  available  as  determined  according  to  AFI  5 1-201, 
Adnzinzstration of Military Justice.  In addition to military counsel, you have the right to employ 
civilian  counsel.  The Air  Force  does not  pay  expenses incident  to the  employment of  civilian 
counsel.  Civilian counsel, if employed, must be readily available. , 

7.  Confer with your counsel and  reply,  in writing, within 7 workdays,  speci&ing the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who also will 

/ your failure will constitute a waiver to the right to the board heating. 

sign it.  If you  waive your right to a hearing before an  administrative discharge board,  you  may 
I  will  send  the  staterhents  to  the  discharge 
'submit  written  statements  in  your  own  behalf. 
authority with the case file td  be  considered with this recommendation:  lf you'fail to respond, 

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 the  59'  Diagnostics & Therapeutics  Group 
orderly room. 

9.  If  you  request  a  board  and  you  fail to  appear without  good  cause,  your  failure to  appear 
constitutes a waiver of your right to be present in the hearing. 

10.  If  you  received  advanced  educational  assistance,  special  pay,  or  bonuses,  and  have  not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 

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

Commander 

Attachments: 
1. AF Form 3070, 8 Feb 01 
2. AF Form 1058, 30 Nov 00 
3. AF Form 174,29 Sep 00 
4. AF Form 174, 5 Jul00 
5. MFR, 5 Apr 00 
6. MFR,  1 Mar 00 
7. AF Form 1058,28 Jun 99 
8. LOA,  8 Mar 99 
9. RIC, 4 Jan 99 
10. AF Form 174,24 Nov 98 
11. LOA,  12 May 98 
12. MFR, 30 Mar 98 
13, AF Form 174, 16 Mar 98 
14, AF Form 174,9 Mar 98 
15, AF Form 174,9 Mar 98 
16. RIC, 21 Jan 9